An
Agreement made on the ..day of .BETWEEN AB, etc. (hereinafter called
the contractor) of the part and CD, etc, (hereinafter called the owner) of
the second part. Whereas1.
The
party of the second part is the owner of the plot of land measuring
..metres atand more particularly described in the plan attached and
therein delineated as red.2.
The
owner being desirous of erecting building on the said plot has appointed Shrias
the architect.3.
The
plans, designs, drawings 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 said building have been prepared by the purposes of
identification by both the parties.4.
The
contractor is willing to enter into an agreement for the execution of the said
works for the sum of Rs..Now it
is hereby Mutully agreed as Follows:1.
The
contractor shall erect on the said plot of land a building in conformity with
the plans, drawing and elevations and complete all the and workmanlike manner
and to the satisfaction of the said architect and thesaid specifications,
plans, drawings and elevations and of this agreement.2.
The
contractor will finish and compete 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 which shall elapse after the.day of ..until the said
building shall be completed : Provided that if the contractor is prevented by
any strike among the workman or by reason of any event beyond his control, the
said architect may extend the time for the completion of the works for such
reasonable period as he may think fit.3.
If
the contractor shall become bankrupt, or sahll from any cause whatsoever be
prevented from or delayed in proceeding with and completing the said works
according to the terms and conditions of this agreement, or shall not proceed
with the said works to the satisfaction of the said architect, it shall be
lawful for the said architect to leave or cause to be left at the usual place
of abode or business of the contractor, a notice or notices in writing for the
said contractor to proceed regularly and effectually with the said contractor
to proceed regularly and effectually with the said works and in case the said
contractor shall , for 7 days after such notice is so left as aforesaid, make
default in regularity and effectually proceeding with the said work it shall be
lawful for the said architect to employ any other workmen either by contract or
measure and value or otherwise to proceed with the said works and complete the
same and pay to the said workmen out of the moneys which shall be then due to
the said contractor on account of this agreements the amount of their charges
for the same and ; for all necessary materials to be found and provided for
such completion ; and if the amount of balance to the credit of the contractor
be insufficient to cover such charges for workmen and materials as are last
heretobefore directed to be paid there out, and then in such case the said
contractor shall and will make good and pay such deficiency on demand.4.
If
the said architect shall at any time or times consider any of the workmen
employed by the said contractor on the works as in any ways incompetent or as
acting improperly it shall in every such case be lawful for the said architect
to discharge such workman or workmen, and the said contractor shall without
delay put another workman or other workmen in his or their place.5.
In
case any of the materials brought on the said premises by the said contractor
shall be considered by the said architect unsound or in any respect improper,
the said contractor will, upon notice in writing to him or his foreman on the
premises given by the said architect cause the same to be removed from off the
ground and proceed with the said works with materials corresponding with the
said specifications and instructions and approved of by the said architect and
on default of such removal within _____ days after such last mentioned notice,
it shall be lawful for the said architect to cause the same to be removed to
such place or places as he may think proper, without being in any way
answerable or accountable for the loss or damage that shall happen to any
materials so removed as aforesaid, and to cause proper materials to be
substituted for the same, and to pay all expenses attending such removal and
substitution out of the moneys which shall become due to the said contractor by
virtue of this agreement.6.
In
case the said architect shall consider any part of the said works to have been
executed in an unsound and improper manner, the said contractor will cause the
same immediately to be taken down and executed in a proper manner to the
satisfaction of the said architect without any extra charge or expense
whatsoever.7.
If
the said architect or the parties hereto of the second part, shall think proper
at any time or times to make any alterations or additions to or omission in the
works hereby contracted for he or they shall give to the said contractor
written instructions for such alterations or omissions signed by the said
architect, but the said contractor shall not be considered to claim for the
value or otherwise in respect thereof, without such written instructions so
signed as aforesaid. Any additional charge by the contractor with respect to
such alterations if certified to be correct by the architect shall be paid for
in the same manner and at the same time as hereinafter expressed for the
payment of the ultimate balance of the said sum of Rs.8.
Any
damage arising from accidents or carelessness of the workmen or otherwise to
the said work hereby contracted for, or to the materials or implements therein
used, shall be borne and effectually made good by the said contractor at his
own costs and charges.9.
The
said contractor shall provide all the materials of the best kind available in
the market for the said building in accordance with the specification mentioned
above.10. The
said contractor will not, unless with the consent of the said architect, make
any sub-contract for the execution of the works hereby contracted for, or any
part thereof, nor unless with such consent as aforesaid assign or underlet the
present contract.11. The
contractor shall be paid Rs. as his remuneration for the labour supplied and
material used by him for the aforesaid building in the following manner :Rs.
shall be paid by 12 monthly instalments of Rs each, the first instalment to
be paid on .. and the balance of Rs.. within three months of the completion
of the building, provided that in the case of each payment the architect
certifies that the work and materials to a sufficient amount shall have been
done, executed or provided by the said contractor to the satisfaction of the
said architect. Provided also that the said contractor shall not be entitled to
payment or receive the said balance of Rs. until the said architect shall
certify under his own hand that whole of said works have been completed and
finished to his satisfaction. The decision of the architect shall be binding on
the parties and shall be final.in
Witness Where of the parties hereto have signed this agreement on the day and
year first written above.