Agreement For Building Where Owner Supplies Plot And All Materials - Legal Draft

An

Agreement made on the ..day of .BETWEEN AB, etc. (hereinafter called

the owner) of the part and CD, etc, (hereinafter called the contractor) of

the second part.WHEREAS

the owner owns a plot of land measuring meters situate at . And more

particularly described in the plan attached.and

Whereas the owner is desirous of erecting 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 Rsand

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 the

Parties Hereto hereby Mutually agree 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.

Subject

to the conditions hereinafter appearing, the owner will pay to the contractor a

sum of Rs. within six months after the contractor has completed the works in

accordance with the terms of this agreement and handed over the same to the

owner.3.

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).4.

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.5.

The

contractor will permit the owner to have access to the works while the same are

under construction and to inspect the same.6.

The

contractor will not vary or deviate from the said plans and specifications

without having first obtained the permission in writing of the owner.7.

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 by8.

The

contractor shall make good any defects, shrinkage or other faults that may

appear in the works within six months after their completion.9.

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 contractors 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.10. 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.11. 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.12. 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.13. 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 Rsfor every days 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.14. 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.15. 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.16. 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

Workmans 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...(Contractor)(Owner)