Owner supplies plot and all materials for construction of Building

THIS AGREEMENT is made and enter into at ………….. the ………..day of ……………. BETWEEN  ………………………, etc. hereinafter called  the “owner” (which expression shall unless it be repugnant to the context or meaning thereof deemed to mean and include his heirs, executors, administrators and assigns )of the part  and ………………,  etc, hereinafter  called the “contractor” (which expression shall unless it be repugnant to the context or meaning thereof deemed to mean and include their representatives , executors, administrators and assigns ) of the second  part.

WHEREAS the owner owns a plot of land measuring ……… metres situate at …………..…. and more particularly described in the plan attached. AND WHEREAS the owner is desirous of constructing a building on the said plot.

AND WHEREAS the plans, drawings, designs and elevations of the said intended building and specifications of the works to be done and of the materials to be provided in and for the erection of the same as prepared by the architect have been approved by the parties.

AND WHEREAS the contractor is willing to execute the said works for the sum of Rs…………

AND WHEREAS the materials to be used for the building will be supplied by the owner himself and the contractor will supply labour as well as the building tools and other accessories necessary for the completion of the said building.

NOW THIS PRESENTS WITNESSETH AS FOLLOWS :

1) The contractor will clear and prepare the site for and will erect and complete the building in conformity with the plans, drawings, designs and elevations with the materials supplied by the owner in a thorough and work-manlike manner.

2) The contractor will finish and complete the said building on or before the ….. day of ………….. and if the said building shall not be completed on or before the said date, the contractor shall forfeit, out of the moneys which shall be due to him by virtue of this agreement, the sum of Rs……..….. for every days which shall elapse after the …… day of …….…… until the said building shall be completed : Provided if the contractor is prevented by any strike among the workmen or by reason of any event beyond his control, the owner may extend time for the completion of the work for such reasonable period as he may think fit under CI. (10).

3)  The contractor will do and perform all works incidental to the proper execution and completion of the building including all works rendered necessary in consequence of the doing of the works and will supply labour necessary for the same and no additional payment will be made for the same.

4) The contractor will permit the owner to have access to the works while the same are under construction and to inspect the same. The contractor will not vary or deviate from the said plans and specifications without having first obtained the permission in writing of the owner.

5) The contractor will, if so required by order in writing signed by the owner, alter the design or size of the works and the materials to be used in constructing the same, provided that he shall not be bound to do so unless the sum to be paid for any extras or to be allowed for any omission has been first fixed by agreement between him and the owner and, in default of agreement, the sum to be so paid or allowed shall be settled by ………………

6) The contractor shall make good any defects, shrinkage or other faults that may appear in the works within six months after their completion.

7) While the works are in course of construction and until the owner takes over the same, they and all materials or plants used or to be used in constructing the same shall remain at the contractor’s risk and he shall not be entitled to any compensation for injury, to or loss or destruction of, such works or materials arising from any cause whatever.

8) If the contractor requires any extension of time for completing the works he must apply to the owner within seven days from the date of the occurrence of the event on account of which he desires such extension ; and the owner may, if he thinks such request reasonable, grant such extension of time as he may think necessary.

9) If the owner is at any time dissatisfied with the progress of the work or with the quality of materials used or of the workmanship he may apply to ……. To depute an Engineer to inspect the works, and if such officer certifies in writing that the rate of progress or the materials used or the workmanship or any or all of them is or are unsatisfactory or not in accordance with this agreement, the owner may then enter upon the site of the works and may employ another builder to complete the same and may pay such builder the cost of such completion out of the sum payable to the contractor under this agreement or the balance of such sum if advances have been made to the contractor, and, if such cost is more than such sum of balance, then the contractor will pay the excess to the owner.

10. Unless the terms are extended under clause (10) hereof, the contractor will complete a portion of the works of the value of not less than Rs………... on or before the …. And will complete the whole work and will remove from the site of the works all plant, scaffolding, unused materials and rubbish and will leave the works and site clean on or before…….

11. If the contractor fails to comply with the provision of CI. (12) on or  before the dates mentioned   therein   or within  such extended  time as   be permitted  in accordance  with CI. (13)  hereof, he will  pay to the owner  as   liquidated damages  a sum of Rs…………… for every  day’s  delay, and  the owner  may  deduct such sum   or sums  from any money due  to the   contractor under these  presents  or may  recover  it otherwise.

12. At the end  of each calendar  month  commencing  from the date  when the contractor  commences work the  owner  will pay the  contractor a sum equal  to 80 per cent  of the  value  as estimated  by the  parties  or in case  of disagreement between  the parties by…………… of the  work  executed by the  contractor  during  the month  and the owner will make final  payment  to the  contractor  at the end of six months from the date when the works are completed.

13. If at  any time  during  the progress  of the  works or after  completion or the  alleged  completion  thereof  and at  any time  during  the continuance  of this agreement  any dispute  or differences  arise  between the parties  hereto  in relation  to or in  connection  with this  agreement, the same shall  be  referred  to the arbitration  of Sri……………………. as  the sole  arbitrator or to two  arbitrators one to be  appointed  by each party  and provisions  or the Indian Arbitration  Act, 1940, shall  apply. The decision so given shall be final and binding upon the parties.

14. The contractor  will indemnify the owner from all  claims  for injury caused  to any person, whether  a workman or not,  while  in or upon  the works  or the site  of the same the said owner shall  not be  bound to defend  any claim  brought  under the Workman’s  Compensation  Act unless the contractor first  deposits with the owner  might  incur by  reason  of defending any such  claim.

IN WITNESS WHEREOF  the  parties  hereto have signed  this agreement  on  the day and year first written above.

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(Contractor)								    (Owner)