AGREEMENT BETWEEN AN OWNER AND AN ARCHITECT FOR CONSTRUCTION OF A BUILDING
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.
WHEREAS
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
WHEREAS 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 utilized 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.
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; and
(d) soil testing fees.
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 authorized 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.
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 authorized
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 WHEREOF 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 Partner
WITNESSES;
1.
2.
Schedule
Period
1.
Submission of site plan Within .......... days from the date of the execution
of this agreement.
2.
Submission of the required plans Within .......... 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 Within .......... 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 the contractor's rates employer.
5.
Other drawings, etc., if any Within a reasonable time.
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