Construction Agreement (Legal Draft)

 

CONSTRUCTION AGREEMENT

PARTIES

-       This Construction Agreement (hereinafter referred to as the “Agreement”) is entered into on ________________ (the “Effective Date”), by and between _Shri Bajrang Lal S/o Shri Boudu Ram_, with an address of __Adhaar no. 780612347085_ (hereinafter referred to as the “Party 1”), and _Shri Rajesh Kumar Soni S/o Shri Hanuman Soni _(Adhaar no. 578098800838_, with an address of _House no. F9/432, Vishnu Marg, Chitrakoot yojana sector 9, Vaishali Nagar Jaipur_ (hereinafter referred to as the “Party 2”) (collectively referred to as the “Parties”).

CONSTRUCTION PROPERTY

-       The Property that is to be constructed is located at the following address:

Not mentioning as it's just a draft.

Scope of Work

The Contractor agrees to perform the following construction work as per the terms outlined below:

1. Cement: The cement used for construction must be either UltraTech or Ambuja cement.

2. Bricks: The bricks used in the project must be sourced from Kannota Gram, and no other type of bricks is allowed.

3. Sand: Only Balochi sand is permitted for use in this project.

4. Tiles and Granite: The tiles used must range between Rs 40-50 per tile, and the design shall be decided by the owner. Granite used must be priced at Rs 100 per square foot.

5. Iron Rods: The iron rods for the project must be procured from either Sharma or Mangla companies.

6. Timber: The timber used must be of high quality and properly treated.

7. Sunmica: The Sunmica used must be priced at Rs 700 per square foot.

 

8. Door Fittings: Door latches must cost less than Rs 300 per latch, and handle locks must be priced at a minimum of Rs 3,500 each.

9. Electrical Cables: Only Filonex company electrical cables will be used, and no other brand is permitted.

10. Restroom Furniture and Tap Installation: Restroom furniture should be installed within a budget of Rs 5,000, and taps should be installed at a cost of Rs 900.

11. Water Cooler: A water cooler from European Command Company must be installed, with a budget not exceeding Rs 10,000.

12. Sanitary Fittings: Sanitary fittings must be from either Ashirwad or Kishan Marg brands, with no substitutes allowed.

13. Terrace Tiles: Anti-skid tiles must be installed on the terrace.

14. Terrace Wall: The boundary wall on the terrace must be 4 feet above the terrace level.

15. Stair Railings: SS railings priced at Rs 600 per railing must be installed on the stairs.

16. Putty: Either JK Lakshmi or Birla Putty must be used.

17. Paint: The paint used must be from either Asian Paints or ICI Paints.

18. Water Tank: A 750-liter water tank must be installed, with the brand being either Sintex or Polycon.

19. Modular Kitchen and Wardrobe: The contractor must install a modular kitchen and wardrobes as part of the project.

20. Concealed Lighting: Concealed floor lighting must be installed.

21. Air Conditioning: Split air conditioners must be installed, with proper light points included.

22. Stairs: The stairs must be made of granite, and footlights must be installed along the staircase.

23. Terrace Construction: On the terrace, a bathroom with both Indian (Mamri) and Western (WC) toilets must be built, along with a proper room in front of the bathroom.

24. Windows: All windows installed must be 3-tier sliding windows.

25. Kitchen Exhaust Fan: An exhaust fan must be installed in the kitchen.

26. Balcony: The balcony must be 4 feet wide and must have railings identical to the balcony on the first floor.

 

27. Washing Machine Platform: A platform must be constructed near the terrace bathroom for the washing machine.

28. Drainage System: After the completion of construction, the contractor and mediator must inspect and maintain the drainage system.

29. Water Supply: The contractor is responsible for arranging water for construction purposes, but may use electricity from the party without incurring additional charges.

30. Water Utilization: During the construction work, the contractor must ensure the water is fully utilized for optimal construction quality.

31. Additional Requirements: If any additional points arise, the contractor must consult with the owner for approval.

 

-       In addition to the aforementioned, the Constructor agrees to abide by and perform all the work that is shown on the construction plan available on the property’s site.

TERM

-       This Agreement shall be effective on the date of the signing this Agreement (hereinafter referred to as the “Effective Date”) and will end when the construction services are completed.

-       The term of this Agreement may be extended upon the provision of written consent from both Parties.

-       The Parties agree that the Construction will begin on _____________ and will end on or before _____________.

PAYMENT AND FEES

-       The Parties agree that the total cost of the services will be _12,50,000 Rs only-,

where ____________ will be paid at the signing of this Agreement and ____________ will be paid at the completion.

-       The Parties agree that the Party 1^st  will provide an invoice to the Party 2^nd every ____________ days/months for the Services he/she completes.

-       The Parties agree that the means of payment will be via __________________________________________________________________________________________________________________________________________________

 

USAGE OF MATERIALS AND LABOR

-       The Parties agree that it is the Party 1^st responsibility to provide as well as pay for any labor and/or equipment needed to complete the construction as per the Agreement.

-       The Parties further agree that the materials used for the construction are to be as per above conditions.

ADDITIONAL RESPONSIBILITIES OF THE Party 1^st

The Party1st agrees to the following:

1. To supervise, manage and complete all the construction services as per the terms of Agreement.

2. To keep record of the documents in a safe place accessible only to the Party 1^st  and the Party 2^nd .

3. To take all necessary precautions for all kinds of safety in general.

4. To bear responsibility for any acts of negligence and emergencies and accidents.

6. To maintain the property, keep it clean, and to safely dispose of hazardous materials and waste.

7. To train personnel on handling hazardous materials and to be responsible for any illness, damage, or loss of personnel.

INSURANCE

-       The Parties agree that it is the party 1^st  responsibility to purchase an insurance policy for the construction.

-       The Parties further agree that it is the Client’s responsibility to maintain an insurance that covers replacement costs in the event of fire, theft, act of nature and/or casualty(s).

TERMINATION

-       This Agreement may be terminated in case the following occurs:

1. Immediately in case one of the Parties breaches this Agreement or one of the conditions set forth in this Agreement .
2. This Agreement will automatically be terminated when both Parties complete their obligations.

INDEMNIFICATION

-       The party 1^st  agrees to hold harmless as well as indemnify its personnel, employees and others against all liabilities, expenses, claims or other.

-       The Party 1^st  further agrees to be held responsible for providing a defense against the aforementioned liability, claims and/or demands, if any.

GOVERNING LAW

-       This Agreement shall be governed by and construed in accordance with the laws of Jaipur.

AMENDMENTS

 

-       The Parties agree that any amendments made to this Agreement must be in writing where they must be signed by both Parties to this Agreement.

As such, any amendments made by the Parties will be applied to this Agreement.

ASSIGNMENT

-       The Parties hereby agree not to assign any of the responsibilities in this Agreement to a third party unless consented to by both Parties in writing.

ALTERNATIVE DISPUTE RESOLUTION

-       Any dispute or difference whatsoever arising out of or in connection with this Agreement shall be submitted to (Arbitration/mediation/negotiation) in accordance with, and subject to the laws of Jaipur.

ENTIRE AGREEMENT

-       This Agreement contains the entire mutually decided conditions/terms and understanding among the Parties hereto with respect to the subject matter hereof, and supersedes all prior agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof, if any. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.           

• That If any work is found incomplete or defective after the construction is finished, the party 1^st is responsible for fixing it for up to 1 year.
• The Party 1^st has to rectify the defects at their own cost and cannot charge extra for materials or labor.

SEVERABILITY

-       In an event where any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, then the remaining provisions will remain to be enforced in accordance with the Parties’ intention.

SIGNATURE AND DATE

-       The Parties hereby agree to the terms and conditions set forth in this Agreement and such is demonstrated throughout by their signatures below:

CONSTRUCTOR Name:____________________________ Signature:_________________________ Date:_____________________________

CLIENT Name:____________________________ Signature:_________________________ Date:_____________________________