AGREEMENT WITH CONTRACTOR FOR CONSTRUCTION OF A BUILDING

 

[Short Form]

THIS AGREEMENT made this _______ day of _____ 20______.

BETWEEN

_____________________________________ (insert the name, address etc. of contractor) (hereinafter called the Contractor) of the One Part

and

____________________________________ (insert the name, address etc. of ownwer), (hereinafter called owner) of the Other Part.

WHEREAS

The owner is desirous of constructing a building on the premises situate at __________ and the Contractor has agreed to undertake the construction under the terms and conditions hereinafter appearing.

NOW THIS AGREEMENT WITNESSETH as follows:

1. The contractor shall forthwith commence and before the expiration of __________ weeks from this date in all respects complete with the best materials in the best workmanlike manner and to the satisfaction of the owner all the works and things mentioned or referred to in the particulars or specifications hereunto annexed in and upon the house and premises therein mentioned.
2. The contractor shall within one week from the completion of the said works and things remove all the scaffolding, plant, and materials from the premises.
3. The owner shall pay to the contractor the sum of Rs. ________ for the said works and things.
4. If for any cause and reason whatsoever the said works including any additional works so directed hereinafter mentioned and things shall not be completely finished, and the said scaffolding, plants, and materials removed within the time and in the manner aforesaid, then the owner may deduct from any moneys then or thereafter due or payable to the contractor the sum of Rs. _______ per day for every day after the expiration of _______ weeks from this date until such completion and removal shall be effected, as and for liquidated damages.
5. If there shall not be sufficient money due to the contractor to make such deduction, then the excess shall be paid by the contractor to the owner.
6. In the event of such default the owner may employ and pay other workmen to finish the said works, and may use any scaffolding, plants, and materials on the premises belonging to the contractor for such purpose, and should he pay, or be liable to pay, a larger sum of Rs........... for finishing such works than the amount he would be indebted for to the contractor, the owner may recover such additional money in the manner as provided hereafter.
7. In the event of default or inability on the part of the contractor to make such payment as stipulated in clause No. 5 and 6 hereinbefore the owner reserves the right to attach any such property belonging to the contractor as may be lying on the premises of the owner and dealing with the same towards realisation of his dues either by disposing of the said property or otherwise in any manner the owner likes.
8. The owner may, if he thinks fit, require the omission any of the said works, and in that case a proportionate sum shall be deducted.
9. All work rendered necessary in consequence of the doing of the works hereby agreed upon shall be deemed to be included in and form part of this contract, although not mentioned in the specification and no additional payment shall be made to the contractor for the same.
10. No additional works shall be done by the contractor except upon the previous order in writing of the owner agreeing to pay for the same, and should the same be done without such order the contractor shall not be entitled to any additional payment for the same.
11. The contractor shall as well after as before he shall have been paid for the said works and things, and without any further payment, for a period of one year after completion make good any defects whatsoever in such works and things, and especially in the roofs or drainage of the premises and the owner may retain a sum not exceeding 10% of the total contract price, until the expiry of such period as a security for the due performance by the contractor of this stipulation.

IN WITNESS WHEREOF, etc.