BUILDING CONTRACT WITH USUAL PROVISIONS

 

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 owner) (hereinafter called “the Owner” of the OTHER PART).

1. The Contractor shall at his cost erect, build, and completely finish in a good, substantial, and workmanlike manner a house and other buildings upon a piece of land belonging to the owner, situate at _________ and containing etc. according to the plans, elevations and specifications of works and drawings which have been respectively signed by the Contractor and by ________ , the architect of the owner; and the contractor hereby admits that the said specification, plans and drawings are sufficient for their intended purpose, and that the work can be successfully executed in accordance therewith, without any additional or extra work other than such as is necessarily implied therein, or to be inferred therefrom, upon a fair and liberal construction.
2. The said work shall be executed under the direction and to the satisfaction in all respects of the said _________, or other architect for the time being of the owner, who shall have been appointed to act for his for the purpose of this contract.
3. On the signing of this contract complete and full possession of the said premises, so far as may be necessary for the execution of the said work, but not so as to constitute a tenancy, shall be given to the contractor, who shall forthwith commence the said work (or, shall commence said work) on before the ______ day of ________ and actively prosecute the same; and the said work shall in all respects be completed within _______ calender months from the time when such possession shall be given. Provided, that in case any delay shall arise from fire, or other inevitable cause or accident, or from any strike in the building trade, or by the default of the owner in paying in due course any moneys due and payable to the contractor under this contract, then such further time shall be allowed for the completion thereof as the said architect shall in writing certify to be reasonable.
4. All materials to be used in the work, although the same may not be particularly mentioned in the specification, save as otherwise provided by the said specification, and save as may be hereafter otherwise required by the owner or his architect, by writing under his hand, shall be supplied and furnished by the contractor.
5. The contractor shall, on the completion of the said work, at his own expense remove and clear away all scaffolding, fencing, unused materials, and rubbish from the same, and leave the whole of the work in a clean and proper state.
6. The owner shall pay to the contractor the sum of Rs. ________ which shall include the cost of labour, and of all materials and other things required for the purposes of thee work, and of the conveyance or transport and removal thereof, in manner following that is to say:
7. the sum of Rs. ________ upon the production to the owner of the certificate of the said architect that work to the value of Rs. ________ has been duly executed to his satisfaction by the contractor;
8. the further sum of Rs. _________ upon the production of the like certificate that the work to the value of Rs. _______ has been so executed;
9. and the remainder of the said sum of Rs. ______ upon the production to the owner of the certificate of the said architect that the said work has been in all respects completed in accordance with the contract, and to his satisfaction.
10. PROVIDED, ALWAYS that the said architect shall not give his certificate in respect of any work which is in any respect defective, or not according to contract, or otherwise not done to his reasonable satisfaction; nor while the contractor is not using due vigilance in the prosecution of the work, or otherwise making default in the performance of this contract.
11. The owner may at any time during the progress of the work by order in writing make or cause to be made, any alterations in the said original specifications and plans by way of addition or omission, or otherwise deviating there from; and the said work shall be executed according to the said alternations or deviations under the direction and to the satisfaction of the said architect in the same manner as if the same has been included in the said original specifications and plans; and any work or materials which shall so be ordered not to be done or used shall be omitted, or shall not be used by the contractor.
12. All additions and deductions to be made to or from the amount of the contract price, in respect of any such alternations or deviations from the said specifications or plans as aforesaid, shall be fixed by the said architect and the difference of expenses occasioned by any such alterations or deviations shall be added or deducted, as the case may be, to or from the contract price. But no payment or allowance whatsoever shall be made to the contractor for any extra work done or materials used by him without a previous order or authority in writing from the owner; and any alteration or deviation ordered or authorised as aforesaid shall not in any wise alter the total amount of labour or the value of the materials which may be required to be used in or about the works, nor shall alter the mode in which the contract price is to be paid, or in which the value of the work done is to be ascertained with a view to the payment thereof. And the contractor shall not, by reason of any such additions to or alterations in the works as aforesaid, be allowed any further time for completing the same, except such further time, if any, as the said architect shall in writing certify to be reasonable.
13. The owner shall be entitled to deduct any money which the contractor shall be liable to pay to the owner, under this contract or otherwise from any sum which may become payable to the contractor hereunder; and the said architect, in making his certificates as aforesaid, shall have regard to any sums so chargeable against the contract; PROVIDED, ALWAYS that this provision shall not affect any other remedy by action at law, or otherwise, to which the owner may be entitled for the recovery of any such moneys.
14. In case the said work shall not in all respects be completed on or before the said _______ day of ________ or within such extended time as shall be allowed for that purpose, as hereinbefore mentioned, and the said architect shall certify in writing the fact of such non-completion, then the contractor shall pay to the owner, as liquidated and ascertained damages for such default, and not as a penalty, the sum of Rs. ________ for every subsequent week, and so in proportion for any part of a week, until the completion of the said work, such completion to be certified in writing by the said architect.All materials, scaffolding, tools, implements, machinery, and effects whatsoever which may from time to time during the progress of the work be in, upon, or about the said premises, shall be deemed to be the absolute property of the owner, but the contractor shall nevertheless be solely responsible for the loss or destruction thereof and for all damages which may happen thereto by fire, tempest, or any other cause whatsoever, and the contractor shall likewise be liable to make good all damage which may happen to the said work from any cause whatever during the progress thereof.
15. The contractor shall personally superintend the execution of the work, and shall not assign this contract, or any part thereof, without the express licence and approval in writing of the owner.
16. In case at any time during the progress of the work any unnecessary delay shall occur in the carrying on of the same through the default of the contractor, and the owner or the said architect shall give a written notice to the contractor to proceed with the said work, or leave the same at his then or last-known place of abode or business and the contractor shall not proceed with the said work to the satisfaction of the said architect within ________ days after such notice shall have been so given or left; or increase the contractor shall at any time neglect or omit to pull down or remove any work or materials which the said architect shall have certified in writing to be defective, or not according to the contract, within ______ days after written notice so to do shall have been given to him by owner or the said architect, or left as aforesaid or within such further time as may be specified in such notice; or in case the contractor shall become bankrupt, or enter into liquidation, or make any composition with his creditors, or shall assign this contract or any part thereof without licence, then and in any such case the owner will be at liberty, without avoiding this contract, to take the said work wholly or partially out of the hands of the contractor, and to employ any other person or persons to execute the same; and for that purpose to take possession of and use all materials, scaffolding, tools, implements, and things on or about the said works;andallexpensesanddamagestherebyincurredshallbeascertainedand certified by the said architect, and shall be paid by the contractor to the owner.
17. The certificate, or decision in writing, or the said architect of the owner, upon any matter as to which he is hereby required or authorised to certify or decide, shall be final and binding upon both parties, except that the said architect may by his certificate make any correction or modification in any previous certificate which shall have been made by himself, or by any predecessor in his office.
18. The contractor shall conform in all respects to the provisions and regulations of any general or local building regulation or Ordinance of any local authority, which may be applicable to the said work, and indemnify the owner against all penalties incurred by reason of the non-observance of any such provisions or regulations.

IN WITNESS WHEREOF, etc.