BUILDING AGREEMENT

 

[Alternative Short Form]

THIS AGREEMENT made this ________ day of ______ 20______.

BETWEEN

_________________________________ (insert the name, address etc. of contractor) (hereinafter called “the Contractor”),

and

__________________________________ (insert the name, address etc. of owner) (hereinafter called “the Owner”).

1. The Contractor, for the consideration hereinafter mentioned agrees with the owner to perform in a faithful and workmanlike manner the following specified work, namely: to erect and finish a new stone and brick building upon the lot at the corner of ________ Street and ________ Place, in the city of ______ according to the drawings and specifications made by AB, architect, and signed by the said parties, and hereto annexed; to perform said work to the satisfaction and under the direction of said architect, or such other architect for the time being as the said owner shall appoint to act for him, for the purpose of this contract, by some writing under his hand delivered to the said contractor; and to provide such good and sufficient materials of all kinds whatsoever as shall be proper and necessary for completing and finishing said building according to the said drawings and specifications.
2. The said work is to be commenced on or before the ______ day of _______ next, and to be completed and delivered, free from all liens of mechanics or others, on or before the _______ day of ______ And the owner agrees with the contractor, in consideration of the faithful performance of the above specified work, to pay to the contractor the sum of Rs. ____________ (Rupees _____________ ) only as follows:
3. the sum of Rs. _________ upon the production to the said owner of the certificate of the architect that work has been done to his satisfaction to the value of Rs. _________ and
4. the further sum of Rs. __________ upon the production of a like certificate that work to the value of Rs. ________ has been so done;
5. and the remainder of the said sum upon the production of a like certificate that said work has been completed in accordance with this contract.
6. The specifications and the drawings shall be so interpreted that any works exhibited in the specifications or vice versa are to be executed as if they were mentioned in the specifications, and set forth in the drawings, to the true meaning and intention of the said drawings and specifications without any extra charge whatsoever.
7. The contractor, at his own cost and expense, is to provide all materials and labour, scaffolding, implements, moulds, models, and cartage of every description necessary for the due performance of this contract.
8. The owner may at any time during the progress of the said building make any alteration, additions, or omissions to or from the said contracts and the same shall in no way affect or make void the contract, but the difference in cost thereby occasioned shall be added to or deducted from the amount of the contract, as the case may be, by a fair and reasonable valuation.
9. Should the contractor at any time during the progress of said work refuse or neglect to supply a sufficiency of materials or workmen, the owner shall have the power to provide materials and workmen, after three day’s notice in writing being given to the contractor, to finish the said work, and the expense shall be deducted from the amount of the contract.
10. Should any dispute arise respecting the true construction or meaning of the drawings or specifications, the same shall be decided by the architect, and his decision shall be final and conclusive; but should any dispute arise respecting the true value of the extra work, or of the works omitted, the same shall be valued by two competent persons, one chosen by the owner and the other by the contractor, and these two shall have power to name an umpire whose decision shall be binding on all parties.
11. The owner shall not in any manner be answerable or accountable for any loss or damage that may happen to the said works, or any part or parts thereof, or for any of the materials or other things used and employed in finishing and completing the same

 

IN WITNESS etc.