to Demolish the Structure, Clear the Site and to Construct New Building on The
Agreement made at .............. on this ............ day of .................
2000, between A son of Shri.......... resident of ........... (hereinafter
called 'the Employer') of the ONE PART and XYZ Constructions, a partnership
firm, carrying on the business of builders and contractors, having its office
at .......... (hereinafter called 'the builders') of the Other Part
as the employer is absolutely seized or otherwise well and sufficiently
entitled to the old bungalow being House No. ............. Mohalla............
with an area of ........ sq.mts which bungalow is more particularly described
in " First Schedule hereunder written, and is hereinafter referred to as
'the said bungalow.
Where as the said bungalow has become very old and the employer intends to
dismantle the said bungalow and construct a new bungalow on the said plot of
Where as the builders are willing to undertake the said job of dismantling and
construction of the new bungalow in accordance with the plan and specifications
set out in the Second Schedule hereunder written.
is Agreed between the Parties as Under:
builders agree to undertake the work of dismantling the said bungalow and to
construct a new bungalow in accordance with the plan, description and
specifications set out in the Second Schedule hereunder written (hereinafter
referred to as "the said works') in consideration of a sum of Rs..........
to be paid by the employer to the builders in the manner hereinafter provided.
builders will dismantle the said bungalow, clear the site and construct the
bungalow with the best available materials and in workmanship in accordance
with the directions of the employer's architect (hereinafter referred to as the
architect) in accordance with the plan, description, and specifications set out
in the Second Schedule hereunder written. However, the employer may require the
builders to alter the drawings and the nature of the work by adding or omitting
any items of work. Such alterations shall be paid at such rates as may be
mutually agreed upon.
builders shall take away the building material of the old bungalow and shall
clear and level the plot of land.
demolishing and constructing the bungalow, the builders shall carry out the
said Works in accordance with the law, rules and bye laws for the time being in
force affecting the said works and shall give the necessary notices to and
obtain the requisite sanction of the concerned local authorities in respect of
the said works and shall comply with building and other regulations of such
builders shall complete the said works on or before the expiry of ...... months
from the date of execution of these presents in accordance with the plans duly
approved by the municipal corporation of ..... and descriptions and
specifications and other terms and conditions as are set out in Third Schedule
however the architect, with the previous consent of the employer, may extend
the time for completion of the said works, it in his opinion the works are
delayed (a) by force majeure; or (b) by reason of any exceptionally inclement
weather; or (c) by reason of civil commotion, local combination of workman or
strike or lock-out affecting any of building trades; or (d) in consequence of
the builders not having received necessary instructions from the architect in
due time; or (e) from other causes which the architect may certify as beyond the
control of the builders.
employer shall pay to the builders, weekly during the progress of the work,
such sum as may be sufficient to defray the expenses for materials and other
out of pocket expenses, as certified by the architect.
builders hereby indemnify and keep the employer saved, defended and harmless
against any claims, demands, actions or proceedings that may be suffered by the
employer by reason of anything done by the builders as a result of the builders
committing breach of any rules and regulations or causing damage to any
adjoining property or any individual or otherwise howsoever in dismantling the
property or constructing the new bungalow on the said property or any letters,
applications and writings addressed by the builders pursuant to such authority
as also for the costs, charges and expenses which may be incurred or for which
the employer may become liable in that behalf.
builders shall be responsible for injury to persons, animals or things and for
all structural damages to the property which may arise from the operation or
neglect of the builders or their employees, nominees, sub-contractors or their
employees, whether such injury or damage arises from carelessness, accident or
any other cause whatsoever in any way connected with the carrying out of
construction pursuant to these presents. This clause shall be deemed to
include, inter alia, any damage to buildings whether immediately adjacent or
otherwise, and any damage to roads, streets, foot-paths, bridges or ways as well
as all damages caused to the buildings and works forming the subject of this
contract by frost, rain, wind or other inclemency of weather.
builders shall, within one week from the date of commencement of the works,
insure the works and keep them insured until the buildings complete in all
respects and fit for occupation are handed over to the employer, against loss
or damage by fire, earthquake, flood, cyclone, etc. with an insurer, in the
joint names of the employer and the builders for the full amount of the
contract and for any further sum, if called upon to do so by the employer. The
premium of such further sum shall be reimbursed to the builders by the
employer. The builders shall deposit the insurance policy and receipts for the
premia with the employer within fourteen days from the commencement of the
works, unless otherwise instructed by the employer. In case the builders fail
to insure as provided above, the employer may so insure the works and may
deduct the premium paid from any moneys due or which may become due to the
builders without prejudice to the other rights of the employer in respect of
such default. In case it becomes necessary to suspend the works due to any of
the risks covered under the policy, the builders shall, as soon as the claim
under the policy is settled, or the work reinstated should proceed with all due
diligence with the completion of the works in the same manner as though the
risk had not occurred and in all respects under the same conditions of
contract. The builders in case of rebuilding or reinstatement after the risk,
shall be entitled to such extension of time for completion of the works, as the
architects shall deem fit.
the builders (i) have abandoned the contract; or (ii) have failed to dismantle
the old bungalow and remove, clean and level the plot of land; or (iii) have
failed to commence the works or have without any lawful excuse under these
presents suspended the progress of the works for fourteen days after receiving
from the architect notice to proceed; or (iv) have failed to proceed with the
works with such due diligence and failed to make such due progress as would
enable the works to be completed within the time agreed upon; or (v) have
failed to remove materials from the site or pull down and replace work for
seven days after receiving from the architect written notice that the said
materials or work were condemned and rejected by the architect under these
presents; or have neglected or failed persistently to observe and perform all
or any of the acts, matters or things by this contract to be observed and
performed by the builders for seven days after written notice shall have been
given to the builders requiring them to observe or perform the same; then and
in any of the said cases the employer may, after giving seven days notice in
writing to the builders, terminate the contract, on such termination of the
contract the employer by his agents or servants may enter upon and take
possession of the works and all plants, tools, scaffoldings, sheds, machinery
and other utensils and materials lying upon the premises or the adjoining lands
or roads, and use the same as his own property or and employ the same by means
of its own servants and workmen in carrying on and completing the works or by
employing any other contractor or other person or persons to complete the
works, and the builders shall not in any way interrupt or do any act, matter or
things to prevent or hinder such other contractor or other person or persons
employed for completing and finishing the works or using the materials and
plant for the works. When the works shall be completed or as soon thereafter as
convenient the architect shall give a notice in writing to the builders to
remove their surplus materials and plant, and should the builders fail to do so
within a period of fourteen days after receipt thereof by them, the employer
may sell the same by public auction, and give credit to the builders for the
net amount realised. The architect shall ascertain and certify what s a be due
or payable to or by the employer for the value of the said materials, plants
are so taken possession of by the employer and the amount which shall be so
certified shall thereupon be paid by the employer to the builders or by the
builders to the employer, as the case may be and the architect's certificate
shall be final and binding on both the parties.
the builders fail to complete the said works within the period or extended
period, the builders shall at the option of the employer, but without prejudice
to the other rights under law of the employer and the other provisions herein
shall pay by way of liquidated damages a sum of Rs ......... per day for the
entire period of delay and the employer will be entitled to deduct such damages
from the amount becoming due and payable to the builders under this Agreement.
builders shall not assign this contract to any other builder or contractor,
without written consent of the employer.
builders hereby agree and undertake to rectify the defects pointed out to them
during the period of 12 calendar months from the date of handing over the said
buildings to the employer. If the builders fail to rectify the defects pointed
out or decline to cure such defects as pointed out by the employer within
fifteen days from the date of reporting to the builders, the employer may get
such defects cured by such other contractors as it may deem fit at the entire
cost and risk of the builders.
builders shall deliver all the plans, detailed drawings and specifications to
the employer after the completion of the said works or otherwise terminated
under these presents.
disputes arising between the employer and the builders under this Agreement
during the continuance of this contract or on its completion or on abandonment
thereof, shall be referred to arbitration to a single arbitration appointed by
both the parties. It both the parties do not agree upon the appointment of
single arbitrator, each party shall nominate his own arbitrator who shall
before entering on the reference appoint an umpire. The arbitrator or
arbitrators as the case may be shall deliver the award within a period of six
months from the date of entering on the reference. The award of the arbitrator
or arbitrators shall be final and binding on the parties. The parties agree
that arbitration under this clause shall be a condition precedent to any right
of action under the contract.
Witness Where of the employer and builders have signed these presents, the day
and year first hereinabove written.
and delivered by A.................... the within named employer
and delivered by M/s. XYZ Constructions, the within named builders by their