Whereas the party of the First Part is the owner of a plot of land measuring …………… at ………………………… and more particularly described in the plan attached and therein delineated in red.
And whereas the owner being desirous of erecting a building on the said plot has appointed Shri AK as the architect who has prepared plans, specifications and drawings for the said proposed building.
And whereas the contractor is willing to enter into an agreement for the execution of the said works in accordance with the Architect’s said plans, specifications and drawings at actual costs plus 20% profit basis.
Now these presents witnesseth and the parties hereby agree as follows:
1. The contractor shall erect on the said plot of land a building in conformity with the sanctioned plans, drawings and elevations and complete all the said works with the material of best quality and in the most substantial and workmanlike manner and to the satisfaction of the said architect and will in all respects comply with and abide by the true intent and manner of the said specifications, plans, drawings and elevations and of this agreement.
2. The contractor will finish and complete the said building on or before the 5th day of June 2001 and if the said building shall not be completed on or before the said date the contractor shall forfeit, out of the moneys which shall be due to him by virtue of this agreement, the sum of Rs. 1000 for every day which shall elapse after the 5th day of June 2001 until the said building shall be completed. Provided that if the contractor is prevented by any strike among the workmen or by reason of any event beyond his control, the said architect may extend the time for the completion of the works for such reasonable period as he may think fit.
4. If the said architect shall at any time or times consider any of the workmen employed by the said contractor on the works as in any way incompetent or as acting improperly it shall in every such case be lawful for the said architect to discharge such workmen and the said contractor shall without delay put another workman in his place.
6. In case the said architect shall consider any part of the said works to have been executed in an unsound and improper manner, the said contractor will cause the same immediately to be taken down and executed in a proper manner to the satisfaction of the said architect without any extra charge or expense whatsoever.
8. Any damage arising from accidents or carelessness of the workmen or otherwise to the said work hereby contracted for or to the materials or implements therein used or to the workmen shall be borne and effectually made good by the said contractor at his own costs and charges.
9. The contractor shall use in the construction best quality materials in accordance with the specifications mentioned herein.
10. The contractor will not without the consent of the said architect make any sub-contract for the execution of the works hereby contracted for or any part thereof nor assign or underlet the present contract or any part thereof.
11. Notwithstanding anything contained herein it will be sole responsibility of the contractor to comply with the provisions of law relating to the construction of the said building in accordance with these presents and the contractor hereby undertakes to keep the owner harmless from and indemnified against any action, claim, loss, damages, expenses howsoever arising for any breach of any statutory provisions, rules or regulations or any term of this agreement.
12. The contractor shall be paid Rs. 5 lakhs as his remuneration for the labour supplied and material used and supervision made by him for the aforesaid building. The payment towards the said construction will be made in the manner following:
