Contract for works of demolition
AN AGREEMENT made this..................... day of....................... 20..... Between [employer] of [or whose registered office is at] [address] (hereinafter called the employer) of the one part and [contractor] of [or whose registered office is at] [address] (hereinafter called the contractor) of the other part WHEREBY IT ISAGREED as follows:
1. For the consideration hereinafter mentioned the contractor will upon and subject to the conditions annexed hereto undertake, execute, carry out and complete the works shown in or on the [enquiry] [specifications/] [schedule/s] [plan/s] [drawing/s] [design/s] [bills/s of quantity] [the work specified in the [estimate] [tender] of the contractor dated............ 20.....] signed by or on behalf of the parties hereto for the purpose of identification.
2. The employer will by way of consideration pay to the contractor the sum of..................... (Rs.................) together with such additional monies (if any) as shall be payable hereunder at the times and in the manner specified in the conditions annexed hereto.
3. The lands and other places available to the contractor in connection with the works shall be........................
4. The said lands and other places shall be handed over to the contractor for commencement of the works on...................... 20....... and the works shall be commenced [by agreement] [on that date].
5. The date for completion of the works shall subject (as provided by the said conditions) be the....................... 20.... [as agreed].
6. (1) If the works shall not be completed by the time (including all proper extensions) required by this contract (as affected by the due application of the said conditions) it is hereby agreed that the damage suffered by the employer by reason thereof shall be quantified at Rs.......... per diem.
(2) If and so far as the works shall be completed prior to the time (including all proper extensions) required by this contract (as affected by the due application of the said conditions) it is hereby agreed that an early completion bonus of Rs........ per diem shall be paid by the employer to the contractor in addition to all other sums payable hereunder.
7. (1) The insurances to be obtained by the employer under condition 24 of the said conditions shall be taken out and maintained in the sum of Rs...........
(2) The insurances to be obtained by the contractor under the said condition 24 shall be taken out and maintained in the sum of Rs..
8. Conditions contained herein shall be applied differentially on the footing that the works are subdivided into the undermentioned phases and that the work upon such phases respectively is to commence on the dates shown opposite them.
[Works shown in tender as Phase I]: Phase I.............. 20...
[Works shown in tender as Phase II]: Phase II.............20...
IN WITNESS etc.
[Signatures [ and/or seals] of or on behalf of parties]
CONDITIONS
1. (a) In these conditions the following expressions shall have the meanings assigned to them respectively below:
(i) the employer shall mean the party of the first part and shall include any person for the time being appointed by the employer to act as his duly appointed agent for the purposes of the contract.
(ii) the contractor shall mean the party of the second part.
(iii) the contract shall mean as well as this document all document mentioned in clause 1 above as signed by or on behalf of the parties.
(iv) the contract sum shall mean the amount mentioned in clause 2 above.
(v) the works shall mean the works to be performed by the contractor in accordance with the contract.
(vi) the site shall mean the building or lands or other places allocated to the contractor within the boundaries described in the contract.
2. (a) The contractor shall provide everything necessary for the proper execution of the works including supervision by a competent foreman and shall execute and complete the works subject to and in accordance with the contract to the reasonable satisfaction of the employer.
(b) The employer shall be solely responsible for the site being and remaining for the period requisite for the performance of the contract available to the contractor.
(c) The employer shall notify the contractor of all public service and other installations upon, adjacent or subjacent to the site and of the exact location thereof and the safety of all such installations so notified shall be the responsibility of the contractor. Damage to public service and other installations not so notified by the employer occurring in the execution of the works and not attributable to the negligence of the contractor shall be at the risk of the employer and the contractor shall be entitled to be indemnified against all claims in respect
thereof.
(d) The contractor shall be entitled to add to the contract sum and recover from the employer the cost of meeting the reasonable requirements of all public service undertakings as to the execution or recovery of the cost of works for the protection and storage pending removal of equipment of theirs on the site and for the proper sealing off diversion or severance upon or outside the site of installations serving or passing over under or through the site: Provided that no such addition shall be made hereunder for work expressly comprised in the works or for expenses provided for under condition 8.
3. (a) The works shall be commenced upon the date specified in the contract or, if no date is specified, upon a date to be agreed in writing between the parties.
(b) The works shall be executed diligently and be completed by the due date for completion specified in the contract or, if no date is specified, within a reasonable time; subject in either case as undermentioned.
(c) The contractor shall be entitled to such extensions of time for the performance of the works as may be reasonable for any delay in the execution thereof not attributable to the default of the contractor, howsoever caused.
4.(a) The employer shall have power by notice in writing to order the contractor to alter, amend, omit add to or otherwise vary the works provided that no such variation shall except with the consent of the contractor be such as will together with any variations already ordered involve a net decrease in the contract sum.
(b) Except where the value of variations so ordered is expressly agreed between the parties the said value shall be determined by reference to the work involved and to the appropriate Schedules of P.W.D. Rates for the time being in force, a copy whereof shall be supplied by the contractor to the employer upon request.
(c) The provisions of these conditions shall, mutatis mutandis, apply to all alterations, additions, omissions, or other variations ordered hereunder as they apply to the works but without prejudice to the generality of the foregoing, a reasonable additional time shall be allowed for all extra work authorized hereunder unless expressly otherwise agreed.
5.(a) The contractor shall not do any work in connection with any provisional sums set out in the contract without instructions from the employer but those instructions shall not be unreasonably withheld or delayed.
(b) The contractor shall be entitled at his discretion to sub-contract any part or parts of the works which in the opinion of the contractor ought to be delegated to specialists.
6. The contractor shall comply with the Building (Safety, Health and Welfare) Regulations currently in force as applicable to the work contracted hereunder.
7. The employer warrants and undertakes that he has or will in due time give all notices and comply with the requirements of any Acts, regulations and/or byelaws of any local body or authority affected by the works or from whose system any installations on the site will be disconnected and in particular that he has obtained every licence permission or authority required for the execution of the works and that he will pay the fees or charges payable by law under such Acts, regulations and/or bye-laws in respect of the works or any disconnections aforesaid or will reimburse the contractor any amounts expended by the contractor for any of such purposes as an addition to the consideration payable to the contractor hereunder unless expressly allowed for in the contract sum.
8. (a) The contractor shall as from the date upon which the site is handed over to the contractor and until the site shall be taken back by the employer be responsible for and take reasonable and proper steps for protecting the site and for providing and maintaining any necessary temporary fencing and barriers hoarding for the safety of the public. The contractor shall notify the employer in writing so soon as the works have been completed and the site is ready to be taken back and the employer shall within seven days of such notification formally take back the site and shall in default of so doing be deemed to have
taken the site back at the expiration of the seven days.
(b) It is expressly declared and agreed that no liability for safety measures on the site shall attach to the contractor before the handing over of the site to him or after handing back of the site takes place or is deemed hereunder to take place and that the contractor shall be entitled to indemnity by the employer in respect of any claims arising directly or indirectly from alleged liability of the contractor prior to the handing over of the site to him or after handing back taking or being deemed to take place.
9. The contractor shall take all reasonable precautions to prevent trespass on the site, but unless in default hereunder, shall be under no liability for and shall be indemnified by the employer against all third party claims or claims by the employer for damage by trespassers.
10. The contractor shall take reasonable precautions to prevent a nuisance or inconvenience to the owners tenants or occupiers of other properties and to the public generally. This provision shall not preclude the contractor from carrying out the work in accordance with the accepted trade practices and if for any reason he shall be precluded from or delayed in completing the works in accordance with such practices any additional cost to the contractor shall be borne by the employer.
11. (a) All materials severed from the site by demolition or clearance shall become the property of the contractor and shall be removed from the site during the contract period there being excepted from this provision:
(i) all items required to be recovered for the employer as specified in the contract which excepted items unless otherwise provided by the contract shall be left on the site, and
(ii) any ancient relies discovered on the site which shall be handed over by the contractor to the employer against the receipt of the employer therefor.
(b) The contractor shall be entitled to use materials recovered from the site other than those to be recovered for the employer for temporary works.
12. The contractor shall have sole control of the site during the contract period but will, without liability for the safety of such persons, by prior arrangement with the employer allow reasonable facilities for the execution upon the site by other persons of work not included in the contract provided that the same shall not impede the progress of the works, add to the cost thereof, be contrary to any regulations or be in the opinion of the contractor prejudicial to the safety, health or welfare of such other persons.
13. Where the contractor shall be responsible for the protection of any public footpaths and for making good any damage to such footpaths and for any expense incurred in reinstating the same he shall discharge the cost of such protection making good and reinstating.
14. (a) The contractor shall take all reasonable precautions to prevent loss or damage from fire on the site and to minimise the amount of any such loss or damage.
(b) The contractor shall comply with any statutory regulations governing the storage or use of explosives petrol or their material brought on to the site.
15. The contractor shall be responsible for all loss or damage to his own plant and tools brought on to the site for the execution of the works unless caused by the employer or third parties on the site at the request of the employer or their respective servants or agents.
16. The contractor shall take reasonable and proper precautions to avoid damage to any adjoining premises during the execution of the works and where shoring and/or works to adjoining premises or the making good of the same is necessary in the opinion of the contractor or the district surveyor or other local authority such work shall if not expressly provided for in the contract sum be carried out by the contractor at the cost of the employer at the agreed rates provided in the contract or if no such rates are provided then in accordance with the appropriate Schedules of the P.W.D. Rates for the time being in force and to the satisfaction of the local authority and/or district surveyor and to the
reasonable satisfaction of the employer.
17. The employer shall free of charge to the contractor provide safe and proper accommodation on the site to the reasonable requirements of the contractor for the storage of all materials and other items required to be recovered for the employer and from the time such materials and items are deposited at the accommodation so to be provided they shall be at the sole risk in all respect of the employer.
18. All plant, materials and equipment of any kind whatsoever which are brought into the site by the contractor but are not intended by the contractor for incorporation in the works shall remain the property of the contractor in any event.
19. (a) At periods not more frequent than once monthly the contractor may make application to the employer stating the total value of work done including the value of work (if any) carried out in accordance with variation orders and materials properly delivered to the site for incorporation in the works. Within fourteen days of receipt of such application the employer shall pay to the contractor the full amount so stated less only the amount of any instalments previously paid and the amount which may be retained by the employer in
accordance with sub-clause (b) of this condition.
(b) The employer shall be entitled to retain until such times as an specified in condition 21 hereof ten per cent of the value so stated of the aforesaid work and materials.
20. The employer shall within fourteen days of the date of notification by the contract of completion of the works release to the contractor all sums retained by the employer and shall within seven days of the delivery of final accounts discharge such accounts in full.
21. (a) The works (including materials and goods of the contractor intended to be incorporated in the works) and all structures property and things belonging to the employer which may be adjacent thereto including materials and items required to be recovered for the employer shall.
(i) as regards any loss or damage by fire be at the sole risk of the employer unless such fire be caused by the negligence of the contractor or those for whose actions he is responsible.
(ii) as regards loss or damage otherwise than by fire be at the sole risk of the employer unless such loss or damage be caused by the negligence of the contractor or those for whose actions he is responsible.
(b) Loss or damage by fire (or otherwise) to adjacent premises shall, as between the contractor and the employer, be at the sole risk of the employer unless such loss or damage be caused by the negligence of the contractor or those for whose actions he is responsible.
(c) The employer shall indemnify the contractor in respect of any loss or damage which is at the employer.s risk as aforesaid (including in particular but without derogating from the generality of this indemnity claims by reason of the exposure of party walls) and shall pay to the contractor the cost of replacing materials intended to be incorporated in the works and of reinstating completed and uncompleted work intended to be incorporated in the works as though the same were an addition ordered under condition 4 hereof.
22. (a) The contractor shall save as provided hereinbefore indemnify the employer against:
(i) any claim in respect of personal injury to or the death of any person in the employment of the contractor provided that such claim does not arise from the negligence of the employer, his servants or agents or any other contractors engaged by or on behalf of the employer; and
(ii) any claim in respect of injury to person or property arising from negligence on the part of the contractor or his workmen or from breach of statutory duty by the contractor.
(b) Subject to aforesaid the employer shall indemnify the contractor against any claim in respect of injury to person or property due to the execution of the works.
(c) In the event of any claim against which an indemnity is hereby given being made against either party then the party giving the indemnity shall have the right to have the conduct of any proceedings arising therefrom. Nevertheless the party giving the indemnity shall be relieved of his obligation if the party indemnified shall by himself, his servants or agents admit liability or make any payment in connection with such claim without the express authority of the party giving the indemnity.
23. The employer and the contractor shall respectively at their own expense insure against their several liabilities hereunder in such sums as shall be provided by the contract and in default of any provision therein then in such sums as shall be reasonable and each party shall upon the request of the other at any time produce for inspection the relevant policy or policies of insurance and the receipts for premiums paid.
24. (a) If the contractor shall make default in any of the following respects, viz:
(i) If without reasonable cause he wholly suspends the works before completion; or
(ii) If he fails to proceed with the works with reasonable diligence; then if such default shall continue for ten days after notice by registered post specifying the default has been given to him by the employer, the employer may without prejudice to any other rights or remedies
thereupon by written notice by registered post determine the employment of the contractor under this contract provided that such notice shall not be given unreasonably or vexatiously and shall be void if the employer is at the time of either of the said notices in breach of this
contract.
(b) If the contractor shall commit an act of bankruptcy or shall make or enter into any deed of arrangement or composition with his creditors or being a company enter into liquidation whether compulsory or voluntary (except for purposes of reconstruction or amalgamation) or suffer or allow any execution whether legal or equitable to be levied on his property or obtained against him then the employer may without prejudice to any other rights or remedies by written notice by registered post forthwith determine the employment of the
contractor under this contract.
(c) If the employment of the contractor shall be determined under this condition then the employer shall only be liable for:
(i) the value of any work actually and properly executed and not paid for at the date of such determination and
(ii) the value of any unfixed materials and goods delivered upon the site for use in the works and for no other sums whatsoever and the employer shall have the right to recover or deduct from or set off against any amount due from the employer hereunder the amount of damages suffered and/or of loss and expense incurred by him by reason of the failure of the contractor to complete this contract.
25. (a) If the employer shall at any time fail to make payment or if he shall commit an act of bankruptcy or make or enter into any deed of arrangement or composition with his creditors or being a company enter into liquidation whether compulsory or voluntary (except for the purposes of reconstruction or amalgamation) or suffer or allow any execution whether legal or equitable to be levied on his property or obtained against him, or if the whole or substantially the whole of the execution of the works shall be delayed for more than four weeks by circumstances outside the contractor.s control the contractor may without prejudice to any other rights or remedies thereupon by written notice by registered post to the employer determine the employment of the contractor under this contract.
(b) Upon such determination without prejudice to the accrued rights of either party the respective rights and liabilities of the parties shall be as follows:
(i) The contractor shall with all reasonable care and despatch and subject to the provisions of sub-clause (ii) of this clause of this condition remove from the site all his property;
(ii) The contractor shall be paid by the employer (less only the amount of instalments previously paid);
(a) The value of all work completed at the date of such determination such value to be calculated in accordance with clause 4 hereof:
(b) The value of work begun and executed but not completed at the date of such determination, such value to be calculated in accordance with clause 4 hereof;
(c) The value of any unfixed materials and goods delivered upon the site for use in the works the property in which has passed to the employer;
(d) The cost of materials or goods properly ordered for the works for which the contractor shall have paid or of which he is legally bound to accept delivery which materials and goods shall on payment by the employer of the cost in full become the property of the employer;
(e) The reasonable cost of the contractor.s removal including the cost of removing his equipment, plant, machinery, stores, goods and materials;
(f) Any loss or damage caused to the contractor by such determination. Provided that in addition to all other remedies the contractor upon such determination may take possession of all materials which may have become the property of the contractor under this contract.
(g) In the case of such delay as is mentioned in clause (a) of this condition the contractor may at his option give written notice to the employer by registered post that in lieu of determining his employment under the contract he proposes to claim in addition to the contract sum such sum as will compensate him for any extra expense caused to him by the said delay. Within 14 days of receipt of such notice the employer may by counter notice by registered post to the contractor require that the contractor determine his employment under the contract, in which case the contractor.s said employment shall be deemed to be determined on the day following the posting of such notice and the rights and liabilities
of the parties shall be governed by clause (b) of this condition. And if no such counter notice by the employer is given there shall be added to the contract sum such sum as will fairly and properly compensate the contractor for such extra expense as aforesaid.
26. In case any dispute or difference shall arise between the employer and the contractor either during the progress or after completion or abandonment of the works as to the construction of the contract or as to any matter or thing arising thereunder or in connection therewith either party may forthwith give to the other notice in writing of such dispute or difference and the same shall be and is hereby referred to the arbitration and final decision of a single arbitrator to be agreed upon by the parties agreement within 30 days of such notice to be appointed at the request of either party by the President for the time being of The National Federation. The award of such arbitrator shall be final and binding upon the parties or may be otherwise dealt with in accordance with the Arbitration Act, 1940.
IN WITNESS WHEREOF etc.
