Draft Contract Agreement For Construction
Work
This agreement is
made on this ……………………………….. day of
……………………………….. 20__ between XYZ Ltd., a company
incorporated under the Companies Act, 2013, having its Registered Office at
……………………………….. acting through Shri
……………………………….., its Company Secretary, hereinafter
called “the builder”, which term shall, unless repugnant to the context,
include its legal representatives, of the one part and Shri
……………………………….. son of Shri
……………………………….., resident of
……………………………….. hereinafter called “the owner”, which
term shall, unless the context otherwise admits, include his heirs, executors,
administrators, legal representatives, nominees and assigns, of the other part.
made on this ……………………………….. day of
……………………………….. 20__ between XYZ Ltd., a company
incorporated under the Companies Act, 2013, having its Registered Office at
……………………………….. acting through Shri
……………………………….., its Company Secretary, hereinafter
called “the builder”, which term shall, unless repugnant to the context,
include its legal representatives, of the one part and Shri
……………………………….. son of Shri
……………………………….., resident of
……………………………….. hereinafter called “the owner”, which
term shall, unless the context otherwise admits, include his heirs, executors,
administrators, legal representatives, nominees and assigns, of the other part.
WHEREAS the
owner has a plot of land measuring ……………………………….. sq.
meters situated at ……………………………….. (as specified in
Schedule I) duly registered in his own name with the rights, title and interest
therein absolutely vesting in him;
owner has a plot of land measuring ……………………………….. sq.
meters situated at ……………………………….. (as specified in
Schedule I) duly registered in his own name with the rights, title and interest
therein absolutely vesting in him;
AND WHEREAS the
owner has requested the builder to build a bungalow on the said piece of land
according to the plan approved by the Municipal authorities, of the area;
owner has requested the builder to build a bungalow on the said piece of land
according to the plan approved by the Municipal authorities, of the area;
AND WHEREAS the
builder, has agreed to build the desired bungalow.
builder, has agreed to build the desired bungalow.
Now
this AGREEMENT is reduced into writing and respective parts thereof shall be
performed by the owner and the builder in accordance with the following terms
and conditions:
this AGREEMENT is reduced into writing and respective parts thereof shall be
performed by the owner and the builder in accordance with the following terms
and conditions:
1.
The builder will build and complete the bungalow within six months from the
date of execution hereof in a thorough manner and with the best material and
work as specified in Schedule II hereof on the plot of land belonging to the
owner, which is more clearly and precisely described in Schedule I hereof.
The builder will build and complete the bungalow within six months from the
date of execution hereof in a thorough manner and with the best material and
work as specified in Schedule II hereof on the plot of land belonging to the
owner, which is more clearly and precisely described in Schedule I hereof.
2.
Subject to the conditions hereinafter contained, the owner will pay to the
builder a sum of Rs..….…………. as cost of labour for construction and all other
type of labour, cost of materials, electrical and sanitary fittings, woodwork,
doors and windows, white-washing, painting and polishing etc., as per
specifications of the architect of the owner, which have been given in detail
on the approved plan of the bungalow and a photo-copy whereof has already been
handed over to the builder, who has received the same and has signed the
original sanctioned plan in token of having received a photocopy thereof, in
the following manner and at varying stages of the construction:
Subject to the conditions hereinafter contained, the owner will pay to the
builder a sum of Rs..….…………. as cost of labour for construction and all other
type of labour, cost of materials, electrical and sanitary fittings, woodwork,
doors and windows, white-washing, painting and polishing etc., as per
specifications of the architect of the owner, which have been given in detail
on the approved plan of the bungalow and a photo-copy whereof has already been
handed over to the builder, who has received the same and has signed the
original sanctioned plan in token of having received a photocopy thereof, in
the following manner and at varying stages of the construction:
(a) Construction up to plinth level – Ten percent
of the total contract amount.
of the total contract amount.
(b) Completion of walls up to roof level – Fifteen
percent of the total contract amount.
percent of the total contract amount.
(c) Completion of roof slab of the entire structure
of the bungalow – Thirty percent of the total contract amount.
of the bungalow – Thirty percent of the total contract amount.
(d) Fixing of shutters of doors, windows,
completion of wooden almirahs, pelmets and all other wood work – Twenty per
cent of the total contract amount.
completion of wooden almirahs, pelmets and all other wood work – Twenty per
cent of the total contract amount.
(e) Finishing of the entire construction and fixing
of electrical and sanitary fittings – Fifteen per cent of the total contract
amount.
of electrical and sanitary fittings – Fifteen per cent of the total contract
amount.
(f) After receipt of Completion Certificate from
the Municipal authorities – Balance amount of the contract money.
the Municipal authorities – Balance amount of the contract money.
3.
The owner shall pay to the builder a sum of Rupees
……………………………………. only immediately on execution of
this Agreement in the form of earnest money, immediately on receipt whereof,
the builder shall procure building materials and start construction work. The
said sum of Rupees ……………………………………. shall be
adjusted by the owner from the last installment payable to the builder.
The owner shall pay to the builder a sum of Rupees
……………………………………. only immediately on execution of
this Agreement in the form of earnest money, immediately on receipt whereof,
the builder shall procure building materials and start construction work. The
said sum of Rupees ……………………………………. shall be
adjusted by the owner from the last installment payable to the builder.
4.
It is expressly, agreed between the owner and the builder that in respect of
the aforesaid payments and in respect of the construction of the bungalow, time
is of essence to this agreement.
It is expressly, agreed between the owner and the builder that in respect of
the aforesaid payments and in respect of the construction of the bungalow, time
is of essence to this agreement.
5.
The builder will do and perform all works incidental to the proper execution
and completion of the bungalow including all works rendered necessary in a consequence of the doing of the works and will supply all the required skilled,
semi-skilled and unskilled labour and materials necessary for the same and no
additional payment shall be made by the owner to the builder for the same.
The builder will do and perform all works incidental to the proper execution
and completion of the bungalow including all works rendered necessary in a consequence of the doing of the works and will supply all the required skilled,
semi-skilled and unskilled labour and materials necessary for the same and no
additional payment shall be made by the owner to the builder for the same.
6.
The builder will permit the owner, his representatives and his architect to
have access to the works while the same are under construction and to inspect
the same so as to make sure that the construction work is being done according
to sanctioned plan and materials are being used as per specifications given by
the architect.
The builder will permit the owner, his representatives and his architect to
have access to the works while the same are under construction and to inspect
the same so as to make sure that the construction work is being done according
to sanctioned plan and materials are being used as per specifications given by
the architect.
7.
While the bungalow is in the course of construction and until the owner takes
over the same, all materials used or to be used in the construction, shall
remain at the builder’s risk and the builder shall not be entitled to any
compensation for injury/or loss/or destruction of, such works or materials
arising from any cause whatsoever.
While the bungalow is in the course of construction and until the owner takes
over the same, all materials used or to be used in the construction, shall
remain at the builder’s risk and the builder shall not be entitled to any
compensation for injury/or loss/or destruction of, such works or materials
arising from any cause whatsoever.
8.
The owner will not be entitled to take possession of the bungalow until the
entire amount is paid within the time stipulated hereinabove.
The owner will not be entitled to take possession of the bungalow until the
entire amount is paid within the time stipulated hereinabove.
9.
The owner shall make payments of all the amounts in respect of the said
bungalow towards water and electricity deposits etc.
The owner shall make payments of all the amounts in respect of the said
bungalow towards water and electricity deposits etc.
10.
It is agreed by the owner that any amount that will be due and payable to the
builder as mentioned in this agreement shall be treated as a charge on the
bungalow till such time the same is paid in full.
It is agreed by the owner that any amount that will be due and payable to the
builder as mentioned in this agreement shall be treated as a charge on the
bungalow till such time the same is paid in full.
11.
If the owner requires any additional or extra items of work to be carried out
by the builder in the bungalow, other than the above-specified works, the
builder should be informed by the owner in advance and the cost and/or
difference of cost for such items of work as per rates mutually agreed upon
should be paid by the owner to the builder in advance.
If the owner requires any additional or extra items of work to be carried out
by the builder in the bungalow, other than the above-specified works, the
builder should be informed by the owner in advance and the cost and/or
difference of cost for such items of work as per rates mutually agreed upon
should be paid by the owner to the builder in advance.
SCHEDULE
I
I
Details
of the plot of land upon which the bungalow is to be built by the builder for
the owner:
of the plot of land upon which the bungalow is to be built by the builder for
the owner:
Plot No.
……………………………….. measuring…….……… sq. metres
……………………………….. measuring…….……… sq. metres
Street
………………………………..
………………………………..
Road
………………………………..
………………………………..
Bounded
on
on
East
………………………………..
………………………………..
West
………………………………..
………………………………..
North
………………………………..
………………………………..
South
………………………………..
………………………………..
Within
the district of…….………………
the district of…….………………
SCHEDULE
II
II
1.
Foundation and Super-structure:
Foundation and Super-structure:
Earth
digging for foundation up to a depth of six feet. R.C.C., framed structure with
R.C.C. foundation columns, beams and slabs all the partition and main walls
shall be of 1st quality red bricks in cement mortar, both sides
plastered and finished with snowcem painted on the outer side and plastic emulsion
painted inside.
digging for foundation up to a depth of six feet. R.C.C., framed structure with
R.C.C. foundation columns, beams and slabs all the partition and main walls
shall be of 1st quality red bricks in cement mortar, both sides
plastered and finished with snowcem painted on the outer side and plastic emulsion
painted inside.
2.
Almirahs, Doors and Windows:
Almirahs, Doors and Windows:
All
the almirahs, doors and window frames will be of teak wood and all the window
frames will be of teak board (1/2” thick) covered by kail wood frames. All the
doors and window frames will be fixed with M.S. Grills and glazed shutters and
wooden plank shutters. All the doors, windows, shutters etc. will be painted
with synthetic enamel paint. Drawing-cum-dining room will have a sliding gate.
the almirahs, doors and window frames will be of teak wood and all the window
frames will be of teak board (1/2” thick) covered by kail wood frames. All the
doors and window frames will be fixed with M.S. Grills and glazed shutters and
wooden plank shutters. All the doors, windows, shutters etc. will be painted
with synthetic enamel paint. Drawing-cum-dining room will have a sliding gate.
3.
Flooring:
Flooring:
Entire
flooring will be laid with light grey colour mosaic tiles with 6” skirting for
all the rooms. Bathrooms and toilets will have square while 5” x 5” tiles to a
height of seven feet.
flooring will be laid with light grey colour mosaic tiles with 6” skirting for
all the rooms. Bathrooms and toilets will have square while 5” x 5” tiles to a
height of seven feet.
4.
Electrical Fittings, etc.:
Electrical Fittings, etc.:
Concealed
electrical wiring will be done with best quality insulated wires and cables.
Light points will be as per the specifications shown in the site plan.
electrical wiring will be done with best quality insulated wires and cables.
Light points will be as per the specifications shown in the site plan.
5.
Water Supply:
Water Supply:
There
will be an underground water storage tank which will be 10’ x 10’ with 4’ depth
fully water proof coated with a booster pump to lift water to an overhead
R.C.C. water tank of similar capacity to be constructed on four R.C.C. columns.
A tubewell will also be bored and fitted with a booster pump, which may be used
as an alternative source of water supply in the event of Municipal Water Supply
failure.
will be an underground water storage tank which will be 10’ x 10’ with 4’ depth
fully water proof coated with a booster pump to lift water to an overhead
R.C.C. water tank of similar capacity to be constructed on four R.C.C. columns.
A tubewell will also be bored and fitted with a booster pump, which may be used
as an alternative source of water supply in the event of Municipal Water Supply
failure.
6.
Kitchen:
Kitchen:
Kitchen
will be fitted with an exhaust fan of the best available make and suitable for
the size of the kitchen to be constructed in the bungalow. White 4” x 4” white
tiles will be fixed up to a height of 9’ on all the walls. There will be raised
platform on two sides as shown in the plan with tops fitted with 1/2” thick
white marble slabs with a stainless steel sink at the space provided therefor.
will be fitted with an exhaust fan of the best available make and suitable for
the size of the kitchen to be constructed in the bungalow. White 4” x 4” white
tiles will be fixed up to a height of 9’ on all the walls. There will be raised
platform on two sides as shown in the plan with tops fitted with 1/2” thick
white marble slabs with a stainless steel sink at the space provided therefor.
IN WITNESS WHEREOF,
the parties afore-mentioned have signed this deed in token of acceptance of the
terms thereof.
the parties afore-mentioned have signed this deed in token of acceptance of the
terms thereof.
Witnesses:
(1)
Name :
Name :
Father’s
Name :
Name :
Address
:
:
Signature :
Owner
Owner
(2)
Name :
Name :
Father’s
Name :
Name :
Address
:
:
Signature : Builder