Agreement
between an Owner and an Architect for Construction of a Building
this
agreement made at ......... on this ....... day of........ 2000 and ..........
between A, son of Shri X residing at .......... (hereinafter called "the
Employer" which expression, unless it be repugnant to the context or
meaning thereof be deemed to mean and include his heirs, administrators,
executors, legal representatives, successors and assigns) of the ONE PART and
Shri........... ......... carrying on business in the partnership name and
style of M/s ......... , having their place of work at .......... (hereinafter
called "the architects" which expression shall unless it be repugnant
to the context or meaning thereof be deemed to mean and include every partner
for the time being of the said firm, the survivor or survivors of the legal
representatives, administrators and assigns of the last survivor) of the OTHER
PART.
where
as the employer is desirous of constructing a building for his residence at
..............
and
Whereas the employer is desirous of appointing the architects as architects for
the said building (hereinafter referred to as the "said works") and
Where as the architects have accepted the said appointment on the terms and
conditions hereinafter contained.
Now,
therefore, it is hereby agreed by and between the parties hereto as follows:-
The
employer appoints M/s............ Architects, as architects for the said works.
2. The
architects shall render the following services in connection with and in regard
to the said works:-
a. Preparation
of sketch designs (including carrying out necessary revisions till the sketch
designs are finally approved by the employer), making approximate estimates to
enable the employer to take a decision on the sketch designs;
b. Submission
of the site plans and other drawings to the municipal corporation ...........
and obtaining its approval;
c. Preparation
of architectural working drawings, making structural calculations and preparing
all structural, mechanical, sanitary, plumbing, drainage, electrical drawings,
specifications, detailed estimates of cost or such other particulars as may be
necessary for the preparation of bills of quantities;
d. Preparation
of landscapes and planting drawings;
e. Preparation
of six copies of the contract documents including all drawings, specifications,
bill of quantities, or other particulars and such further details and drawings,
as are necessary for the proper execution of the works; (f)Supervision and
inspection of the said works by the general contractor, sub-contractor,
consultant, etc. that may be engaged from time to time by visiting the site
periodically;
f. To
check measurements of works at site, checking contractor's bills, issuing
periodical certificates for payment and passing and certifying accounts, so as
to enable the employer to make payments to the contractors and making
adjustment of all accounts between the contractors and the employer;
g. Submission
of detailed account of the steel, cement and any such other material as the employer
may specify, and certify the quantities utilised in the works;
h. Obtaining
of building completion certificate and securing permission of Municipal
Corporation or other authority for the occupation of the building and obtaining
refund of deposits, if any, made by the employer to the Municipal Corporation
or other authority;
i. Any
other service connected with the said works usually and normally rendered by
architects and not referred to in any of the items referred to above.
1.
2.
3. The
architects shall submit to the employer the sketch plans, tender documents,
etc. within the period stipulated in the Schedule hereto annexed.
4. The
architects shall exercise all reasonable skill, care and diligence in the
discharge of duties hereby covenanted to be performed by them and shall
exercise such general superintendence and inspection in regard to the said
works as may be necessary to ensure that the work is being executed in
accordance with the working drawings and specifications aforesaid and that the
work is free from defects and deficiencies. The architects shall be fully
responsible for the structural soundness of the works.
5. The
construction cost shall not exceed Rs. ........... per square meter and should
conform to the norms of ......... The construction cost shall not include:-
a. cost
of land;
b. architects
fees;
c. any
services relating to fitting or fixtures not designed by the architects; and
d. soil
testing fees.
1.
2.
3.
4.
5.
6. The
architects shall not make any deviation, alteration, addition or omission from
the approved drawings without the prior written consent of the employer.
7. The
architects shall on the completion of the work supply to the employer at their
expenses two copies of one-eighth scale drawings (one of which shall be in
tracing cloth); two complete sets of structural drawings and two sets of
drawings sufficient to show the main lines of drainage, electrical installation
and other essential services.
8. The
architects shall arrange for taking trial bores, test pits, or other
preliminary tests required to be carried out before the commencement of the
said works and submit their report to the employer. The cost of carrying out
such tests shall be borne by the employer.
9. The
architects shall prepare a comprehensive program of work in consultation with
the contractors, and arrange to have the work completed in an expeditious
manner and in accordance with the program drawn up.
10. The
architects shall, at their own expenses engage a qualified (i) Electrical
Engineer; and (ii) Sanitary, Drainage and Water Supply Consultant with the qualifications
and experience approved by the employer to assist them in their work.
11. Either
party may terminate this agreement at any time by giving a written notice of
two months to the other party. Even after the termination of their employment,
the architects shall remain liable and be responsible for due
certification/approval of any bills submitted by the contractors at any time,
in respect of the work, executed before the termination of the architect's
appointment; but shall not be entitled to additional remuneration therefor. If
the architects shall close their business or die or become incapacitated from
acting as such architects, then the Agreement shall stand terminated. If the
architects fail to adhere to the time Schedule stipulated in the Schedule
hereto annexed or the extended time which may be granted by the employer in its
sole discretion, or in case there is any change in the constitution of the firm
of the architects for any reason whatsoever, the employer shall be entitled to
terminate this agreement and entrust the work to some other architect.
12. The
employer or the architects shall not assign, sublet or transfer their interest
in this agreement without the written consent of the other.
13. The
employer shall pay to the architects as remuneration for the services to be
rendered by the architects in relation to the said works, and in particular for
the services hereinbefore mentioned, a fee calculated at the rate of 3% on the
value of the works as estimated (including the authorised extra) or the value
of the works actually executed and completed whichever is less.
14. The
employer shall pay fees to the architects in stages as follows:-
a. 10%
of the total fees, payable after completion and approval of the site plans by
the employer;
b. 30%
of the total fees [less any amounts paid under clause (a) above], payable after
completion of all drawings and the approval of site plan by the Municipal
Corporation or other authorities;
c. 10%
on completion of detailed estimates, submission or recommendations on the
contractor's rate to the employer, and execution of the contract documents for
the various trades. The employer may make part payments in proportion to the
services completed in respect of particular trades;
d. Out
of the remaining 50% of the total fees, 30% of the total fees shall be paid by
installments as the building work proceeds, and in proportion to the value of
the said works as certified from time to time and balance 10% after final
completion of the building and closing of accounts;
e. In
case this agreement is terminated earlier, fees shall be paid to the architects
for the actual services rendered as per stages referred to in this clause.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15. If
the architects fail to observe the time schedule, they shall be liable to pay
to the employer-liquidated damages at the rate of Rs. ......... per day till
the work remains incomplete. The employer shall be entitled to recover the said
liquidated damages from any sum payable to the architects under this agreement.
16. Notwithstanding
anything contained hereinabove, it shall always be open to the employer to
exclude from the scope of the services to be rendered by the architects under
these presents the supervision and execution part of the project and reduce the
scale of fees, in which case the terms, conditions, scale of fees, etc. shall
be as detailed in the Annexure hereto.
17. If
any dispute, difference or question shall at any time arise between the parties
as to the interpretation of this agreement or arising out of this agreement or
as to the rights, liabilities and duties of the parties hereunder, or as to the
execution of the said works, the same shall be referred to the arbitration and
final decision of an arbitrator to be agreed upon and appointed by both the
parties or in case of disagreement as to the appointment of a single
arbitrator, to the appointment of two arbitrators one to be appointed by each
party, which arbitrators shall, before taking upon themselves the burden of
reference, appoint an umpire whose decision in the matter shall be binding on
both the parties. It is hereby provided that the arbitrator so appointed shall
make his award within six months from the date of the arbitrator or arbitrators,
as the case may be, entering on the reference. This submission to arbitration
shall be deemed to be a submission to arbitration within the meaning of
Arbitration and Conciliation Act, 1996 or any statutory modification thereof.
The award of the arbitrator or arbitrators, as the case may be, shall be final
and binding on the parties. The parties agree that if work under this agreement
has not been completed at the time of reference of dispute to arbitration, the
work shall continue during the arbitration proceedings and the employer shall
make the payment to the architects within the provisions of this agreement and
shall not withhold any money payable to the architects on account of
arbitration proceedings unless authorised by the arbitrators.
18. This
agreement shall be executed in duplicate and the architects shall bear the
stamp duty on the original. The employer shall retain the original and the
architects shall retain the duplicate.
In
Witness Where of the parties hereto have subscribed their respective hands
hereto and on a duplicate hereof on the day and year hereinabove first
mentioned.
Signed
and delivered by the within named employer A Signed and delivered by the within
named architects by its Managing Partner
WITNESSES;
1.
2.
Schedule
Period
Submission
of site plan with in .......... days from the date of the execution of this
agreement.
2. Submission
of the required plans with in .......... days from the to the Municipal
Corporation and date of receipt other local authorities of employees approval
of the site plan.
3. Submission
of detailed working with in .......... weeks from the drawings and estimates
date of receipt of employer's approval of the site plans.
4. Submission
of architect's Within 2 weeks from the date of recommendations on the receipt
of the tenders from thecontractor's rates employer.
5. Other
drawings, etc., if any Within a reasonable time.
