Agreement Between An Owner And An Architect For Construction Of A Building Legal Draft Template

this

agreement made at ......... on this ....... day of........ 2000 and ..........

between A, son of Shri X residing at .......... (hereinafter called "the

Employer" which expression, unless it be repugnant to the context or

meaning thereof be deemed to mean and include his heirs, administrators,

executors, legal representatives, successors and assigns) of the ONE PART and

Shri........... ......... carrying on business in the partnership name and

style of M/s ......... , having their place of work at .......... (hereinafter

called "the architects" which expression shall unless it be repugnant

to the context or meaning thereof be deemed to mean and include every partner

for the time being of the said firm, the survivor or survivors of the legal

representatives, administrators and assigns of the last survivor) of the OTHER

PART.where

as the employer is desirous of constructing a building for his residence at

.........and

Whereas the employer is desirous of appointing the architects as architects for

the said building (hereinafter referred to as the "said works") and

Where as the architects have accepted the said appointment on the terms and

conditions hereinafter contained.Now,

therefore, it is hereby agreed by and between the parties hereto as follows:-1.

The

employer appoints M/s............ Architects, as architects for the said works.2.

The

architects shall render the following services in connection with and in regard

to the said works:-a. Preparation

of sketch designs (including carrying out necessary revisions till the sketch

designs are finally approved by the employer), making approximate estimates to

enable the employer to take a decision on the sketch designs;b. Submission

of the site plans and other drawings to the municipal corporation ...........

and obtaining its approval;c. Preparation

of architectural working drawings, making structural calculations and preparing

all structural, mechanical, sanitary, plumbing, drainage, electrical drawings,

specifications, detailed estimates of cost or such other particulars as may be

necessary for the preparation of bills of quantities;d. Preparation

of landscapes and planting drawings;e. Preparation

of six copies of the contract documents including all drawings, specifications,

bill of quantities, or other particulars and such further details and drawings,

as are necessary for the proper execution of the works; (f)Supervision and

inspection of the said works by the general contractor, sub-contractor,

consultant, etc. that may be engaged from time to time by visiting the site

periodically;f. To

check measurements of works at site, checking contractor's bills, issuing

periodical certificates for payment and passing and certifying accounts, so as

to enable the employer to make payments to the contractors and making

adjustment of all accounts between the contractors and the employer;g. Submission

of detailed account of the steel, cement and any such other material as the employer

may specify, and certify the quantities utilised in the works;h. Obtaining

of building completion certificate and securing permission of Municipal

Corporation or other authority for the occupation of the building and obtaining

refund of deposits, if any, made by the employer to the Municipal Corporation

or other authority;i. Any

other service connected with the said works usually and normally rendered by

architects and not referred to in any of the items referred to above.1.2.3.

The

architects shall submit to the employer the sketch plans, tender documents,

etc. within the period stipulated in the Schedule hereto annexed.4.

The

architects shall exercise all reasonable skill, care and diligence in the

discharge of duties hereby covenanted to be performed by them and shall

exercise such general superintendence and inspection in regard to the said

works as may be necessary to ensure that the work is being executed in

accordance with the working drawings and specifications aforesaid and that the

work is free from defects and deficiencies. The architects shall be fully

responsible for the structural soundness of the works.5.

The

construction cost shall not exceed Rs. ........... per square meter and should

conform to the norms of ......... The construction cost shall not include:-a. cost

of land;b. architects

fees;c. any

services relating to fitting or fixtures not designed by the architects; andd. soil

testing fees.1.2.3.4.5.6.

The

architects shall not make any deviation, alteration, addition or omission from

the approved drawings without the prior written consent of the employer.7.

The

architects shall on the completion of the work supply to the employer at their

expenses two copies of one-eighth scale drawings (one of which shall be in

tracing cloth); two complete sets of structural drawings and two sets of

drawings sufficient to show the main lines of drainage, electrical installation

and other essential services.8.

The

architects shall arrange for taking trial bores, test pits, or other

preliminary tests required to be carried out before the commencement of the

said works and submit their report to the employer. The cost of carrying out

such tests shall be borne by the employer.9.

The

architects shall prepare a comprehensive program of work in consultation with

the contractors, and arrange to have the work completed in an expeditious

manner and in accordance with the program drawn up.10. The

architects shall, at their own expenses engage a qualified (i) Electrical

Engineer; and (ii) Sanitary, Drainage and Water Supply Consultant with the qualifications

and experience approved by the employer to assist them in their work.11. Either

party may terminate this agreement at any time by giving a written notice of

two months to the other party. Even after the termination of their employment,

the architects shall remain liable and be responsible for due

certification/approval of any bills submitted by the contractors at any time,

in respect of the work, executed before the termination of the architect's

appointment; but shall not be entitled to additional remuneration therefor. If

the architects shall close their business or die or become incapacitated from

acting as such architects, then the Agreement shall stand terminated. If the

architects fail to adhere to the time Schedule stipulated in the Schedule

hereto annexed or the extended time which may be granted by the employer in its

sole discretion, or in case there is any change in the constitution of the firm

of the architects for any reason whatsoever, the employer shall be entitled to

terminate this agreement and entrust the work to some other architect.12. The

employer or the architects shall not assign, sublet or transfer their interest

in this agreement without the written consent of the other.13. The

employer shall pay to the architects as remuneration for the services to be

rendered by the architects in relation to the said works, and in particular for

the services hereinbefore mentioned, a fee calculated at the rate of 3% on the

value of the works as estimated (including the authorised extra) or the value

of the works actually executed and completed whichever is less.14. The

employer shall pay fees to the architects in stages as follows:-a. 10%

of the total fees, payable after completion and approval of the site plans by

the employer;b. 30%

of the total fees (less any amounts paid under clause (a) above), payable after

completion of all drawings and the approval of site plan by the Municipal

Corporation or other authorities;c. 10%

on completion of detailed estimates, submission or recommendations on the

contractor's rate to the employer, and execution of the contract documents for

the various trades. The employer may make part payments in proportion to the

services completed in respect of particular trades;d. Out

of the remaining 50% of the total fees, 30% of the total fees shall be paid by

installments as the building work proceeds, and in proportion to the value of

the said works as certified from time to time and balance 10% after final

completion of the building and closing of accounts;e. In

case this agreement is terminated earlier, fees shall be paid to the architects

for the actual services rendered as per stages referred to in this clause.1.2.3.4.5.6.7.8.9.10.11.12.13.14.15. If

the architects fail to observe the time schedule, they shall be liable to pay

to the employer-liquidated damages at the rate of Rs. ......... per day till

the work remains incomplete. The employer shall be entitled to recover the said

liquidated damages from any sum payable to the architects under this agreement.16. Notwithstanding

anything contained hereinabove, it shall always be open to the employer to

exclude from the scope of the services to be rendered by the architects under

these presents the supervision and execution part of the project and reduce the

scale of fees, in which case the terms, conditions, scale of fees, etc. shall

be as detailed in the Annexure hereto.17. If

any dispute, difference or question shall at any time arise between the parties

as to the interpretation of this agreement or arising out of this agreement or

as to the rights, liabilities and duties of the parties hereunder, or as to the

execution of the said works, the same shall be referred to the arbitration and

final decision of an arbitrator to be agreed upon and appointed by both the

parties or in case of disagreement as to the appointment of a single

arbitrator, to the appointment of two arbitrators one to be appointed by each

party, which arbitrators shall, before taking upon themselves the burden of

reference, appoint an umpire whose decision in the matter shall be binding on

both the parties. It is hereby provided that the arbitrator so appointed shall

make his award within six months from the date of the arbitrator or arbitrators,

as the case may be, entering on the reference. This submission to arbitration

shall be deemed to be a submission to arbitration within the meaning of

Arbitration and Conciliation Act, 1996 or any statutory modification thereof.

The award of the arbitrator or arbitrators, as the case may be, shall be final

and binding on the parties. The parties agree that if work under this agreement

has not been completed at the time of reference of dispute to arbitration, the

work shall continue during the arbitration proceedings and the employer shall

make the payment to the architects within the provisions of this agreement and

shall not withhold any money payable to the architects on account of

arbitration proceedings unless authorised by the arbitrators.18. This

agreement shall be executed in duplicate and the architects shall bear the

stamp duty on the original. The employer shall retain the original and the

architects shall retain the duplicate.In

Witness Where of the parties hereto have subscribed their respective hands

hereto and on a duplicate hereof on the day and year hereinabove first

mentioned.Signed

and delivered by the within named employer A Signed and delivered by the within

named architects by its Managing PartnerWITNESSES;1.2.Schedule

Period1.

Submission

of site plan with in .......... days from the date of the execution of this

agreement.2.

Submission

of the required plans with in .......... days from the to the Municipal

Corporation and date of receipt other local authorities of employees approval

of the site plan.3.

Submission

of detailed working with in .......... weeks from the drawings and estimates

date of receipt of employer's approval of the site plans.4.

Submission

of architect's Within 2 weeks from the date of recommendations on the receipt

of the tenders from thecontractor's rates employer.5.

Other

drawings, etc., if any Within a reasonable time.