Agreement
For Construction Of Building Between The Owners And The Contractors On Turnkey
Basis
THIS AGREEMENT made
at ................ on this .................. day of .......... 2000, between
A S/o B resident of ............................. (hereinafter referred to as
"the Employer", which expression shall unless repugnant to the
context or meaning thereof, be deemed to include his heirs, legal
representatives, executors and administrators) of the ONE PART and XYZ Co.
Ltd., a company incorporated under the Companies Act, 1956 and having its
registered office at ...................................... (hereinafter
referred to as "the Contractors" which expression shall, unless
repugnant to the context or meaning thereof, be deemed to include its
successors and assigns) of the OTHER PART.
WHEREAS the employer
is desirous of constructing XYZ Bungalow and its vacant land bearing Final Plot
No. ............... Survey No. ............... Khasra No. ............ situate,
lying and being at .................. Tehsil and District ...................
(hereinafter referred to as "the said property") and the contractors
have offered to construct the same on a 'turnkey basis' and also to prepare the
site layout plans, preliminary sketch designs, architectural drawings,
structural drawings, service drawings and all other detailed plans and drawings
as may be necessary for the proper construction and completion of the said
works and also obtain necessary permissions from the Municipal Corporation
........... and other local authorities for executing and completing the said
works as hereinafter specified upon and subject to the terms and conditions set
forth herein and the conditions set forth in the special conditions hereto
annexed and marked as Annexure 1 (all of which are collectively hereinafter
referred to as "the said works") at the rate of Rs. .......... per
sq. ft. of the built up area of the buildings (hereinafter referred to as
"the said contract amount").
AND WHEREAS The
employer has agreed to appoint the contractors for the said works; and
AND WHEREAS the
contractors have requested the employer to execute these presents which he has
agreed to do so.
NOW THIS AGREEMENT
WITNESSETH AS FOLLOWS:
1. In consideration of the said contract
amount to be paid at the times and in the manner set forth in the Schedule of
Payments hereto annexed, the contractors shall on and subject to the said
conditions, execute and complete the said works more particularly described in
Schedule 1 annexed hereto and shown on the said drawings, strictly in
accordance with the general specifications annexed hereto and marked as
Annexure III.
2. The employer shall pay the contractors
the said contract amount or such other sum as shall become payable at the times
and in the manner specified in Annexure II.
3. For the purposes of this contract,
"built up area" means the total a covered area of the building at
floor level out-to-out measurement of wall surface (architectural projection
excepted) and shall be inclusive of staircase and balconies.
4. The contractors shall prepare layout
plans and general building plans in consultation with the employer and get the
same approved by the Municipal Corporation of ......................
5. It is hereby agreed that the contract
amount shall be inclusive of-
(a) Preparation of
the layout plans, general building plans, detailed architectural drawings,
sketches, structural drawings and designs for execution.
(b) Technical
supervision of the works.
(c) Obtaining of
permission and approvals from all the authorities for the construction, supply
of power, water, drainage and other services for the said works.
(d) Cost of all
materials for construction.
(e) Wages of labour,
technical supervisors, all other workers and staff required for execution of
the said works in accordance with the general specifications in Annexure Ill.
(f) Cost of all
electrical, sanitary, and plumbing fittings.
(g) Cost of all other
items as mentioned in special conditions in Annexure I hereto.
6. The layout plans, general building plans,
detailed architectural drawings and other drawings shall be and remain the
property of the employer. All the drawings shall remain in custody of the
contractors during the progress of the work and they shall deliver them to the
employer on the performance of the said works or termination of the contract.
7. The
employer may require alteration of the drawings and the nature of the work by
adding or omitting any items of work or having portions of the same carried
out. The employer shall make payment for the alterations at such rates as may
be mutually agreed upon.
8. The contractors shall commence the work
within 15 days of the handing over of the site to them and complete the entire
work within .......... months thereafter, subject nevertheless to the provision
for extension of time as provided in the said conditions.
9. The contractors, while carrying out the
said works, shall comply with the provisions of all laws, rules and bye-laws
for the time being in force affecting the said works and will give all
necessary notices to and obtain the requisite sanction of the concerned local
authorities in respect of the said works and will comply with the building and
other regulations of such authority and will keep the employer indemnified
against all fines, penalties and losses incurred by reason of the breach of the
contractors of any such laws, bye-laws and regulations.
10. The employer
shall make all payments under this contract at ........................
11. In case any
dispute or difference should arise between the parties, whether in respect of
quality of material used by the contractors or work done or in respect of delay
in completion of works or in respect of payment of extra work required to be
done and so executed or in respect of measurement of work done or in respect of
delay of payment to the contractors or touching the interpretation, fulfillment
of any of the terms of these presents or any other matter arising out of or in
connection with these presents or the carrying out of the work, shall be
referred to arbitration of two arbitrators, one to be appointed by each party.
The arbitrators shall appoint an umpire before entering upon the reference. The
arbitrators shall make their award within six months from the date of entering
on the reference. If the arbitrators do not make their award within the
stipulated period or have delivered to any party or to the umpire a notice in
writing stating that they cannot agree, the umpire shall forthwith enter on the
reference and shall make his award within three months of entering on the
reference or within such extended time as the parties may agree and in the
absence of such agreement, as the Court may allow. The arbitrators or umpire,
as the case may be, shall be entitled to consult any expert, after previous
notice to the parties, the cost whereof shall be borne by the parties equally.
The proceedings of the arbitrators shall be recorded in English, a copy whereof
shall be furnished to each party. The provisions of the Arbitration and
Conciliation Act, 1996 so far as applicable and are not inconsistent or
repugnant to these presents, shall apply to this reference to arbitration. The
cost of the reference and award shall be in the discretion of the arbitrators,
who may direct by whom and in what manner, the same or any part thereof shall
be paid. The award of the arbitrators or umpire shall be final and binding on
the parties and the parties, their executors and administrators shall on their
respective parts obey, abide by the award and shall not challenge on any ground
excepting fraud or collusion or error apparent on the face of the award. It is
hereby agreed between the parties that the parties shall resort to arbitration,
before filing any suit for the enforcement of any right under these presents.
12. This agreement
shall be executed in duplicate. The original shall be retained by the employer
and the duplicate by the contractors.
IN WITNESS WHEREOF
the employer has set his hands to these presents and a duplicate hereof and the
contractors have caused its common seal to be affixed hereunto and a duplicate
hereof the day and the year first hereinabove written.
Signed and delivered
by the hand of Shri A
The common seal of
XYZ Co. Ltd. was hereunto affixed
pursuant to the
resolution passed by the Board of
Directors at the
meeting held on .......................
in the presence of
Shri .........................a director
of the company, who
has signed in token thereof
Seal
Signatures
WITNESSES;
1.
2.
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