This agreement made on this 1st day of May 2001 between Dwarika Nath s/o Shambhu Nath r/o 56, Zero Road Allahabad hereinafter called the owner and Somesh Construction Co. 7, M.G. Marg Allahabad hereinafter called the contractor which expressions shall include the heirs, successors, executors and administrators of the respective parties.
Whereas the owner of bunglow No. 96 Clive Road Allahabad is the abovementioned Dwarika Nath and said bunglow is intended to be dismantled by the owner and a new modern bunglow is intended to be constructed in its place.
And whereas the contractor has expressed it’s desire to undertake the said job of dismantling and construction on the terms and condition agreed upon between the parties :
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ADVERTISEMENTS:
1. That in consideration of a sum of Rs. 1,50,000.00 to contractor has undertaken the job. The consideration money shall be paid to the contractor as per stipulations made here under.
2. That the contractor has agreed to dismantle the existing structure of the bunglow No. 96 located at Clive Road Allahabad at his own cost and clear the site from all the rubbish and scaffoldings.
3. That soon thereafter the contractor shall prepare the site for digging for the foundation as per the plan sanctioned by the appropriate authority.
ADVERTISEMENTS:
4. That the owner has appointed M/s. Singh and Associates Architects as their architect to supervise the construction work who shall have the authority to inspect and examine the work being executed by the contractor.
5. That the owner has appointed Sri M.L. Sinha Assistant Engineer who shall be supervising the construction work under the control of the said Singh ad Associates Architects. Said Sri M.L. Sinha shall be available at the site during office hours every day.
6. That the architect and the contractor have examined the plan of construction and the specification annexed thereto and are of the view that the entire construction work can reasonably and efficiently can be carried out according to the sanctioned plan and specifications.
7. That entire material required in the construction work shall be used by the contractor after approval thereof by the architect.
ADVERTISEMENTS:
8. That the architect of the owner shall provide to the contractor from time to time supplementary explanation and drawings to elaborate the construction plan illustrating therein the necessary details and the work to be done within the four corners of the sanctioned plan and specifications annexed thereto.
9. That the contractor shall be bound by directions given by the owner and by the architect on his behalf in respect of any modification in the plan o rectification to in the constructed work. Value of such modification by way of deviation from or addition to the sanctioned plan shall be made by the architect which shall be added in the consideration money mentioned herebefore.
10. That any modification in the construction plan shall be made in writing and shall be signed by the parties hereto.
11. That the work of construction shall be finished within one year of the date of this deed. However the owner may extend the date of completion of the construction on the request of the contractor if he is satisfied that the request is genuine.
12. That the owner shall get a report in respect of executed portion of the contract work weekly wherein the architect of the owner shall furnish details of the work done and the valuation of such finished work. Such report shall be prepared on every Monday in respect of work done from Monday to Sunday of the earlier week. The owner shall pay 90% of such valuation to the contractor by means of account payee cheque.
13. That on completion of the construction work the contractor shall submit his final bill which shall be examined by the architect of the owner. The bill, if found in order, shall be settled finally by the owner within 30 days of receipt thereof.
14. That the contractor shall remove all temporary structures made at the site including unused material, rubbish, scaffoldings and deliver possession of the bunglow to the owner with clean compound.
15. That the contractor shall also obtain a completion certificate from the appropriate authority and shall submit the same to the owner along with his final bill.
16. That the possession of the site shall be delivered to the contractor soon after execution of this agreement for smooth execution of the contract work.
17. That the owner shall indemnify the contractor against all suits or proceedings in respect of the land and the proposed construction.
18. That the contractor shall indemnify the owner in respect of all claims and compensation including damages payable on account of any injury or accident involving any workman of the contractors whether in his employment or not and the contractor shall be liable to defend all action filed under the Workman’s Compensation Act or any other law for the time being in force. All the costs and the consequences of such litigation shall be exclusive liability of the contractor. Likewise the contractor shall also indemnify the owner in respect of any claim or damages are claimed in respect of the adjoining buildings and structure.
19. That it has been agreed between the parties that the contractor shall perform diligently, shall use material of quality and complete the construction work within the stipulated period.
20. That the architect of the owner shall point out defects in construction work being executed by the contractor in writing and the contractor shall remove such defects to the satisfaction of the architect.
21. That the contractor shall appoint one foreman to receive instructions from the architect of the owner from time to time. Such foreman shall be available at the site during working hours every day.
22. That in case of any dispute between the parties the same shall be referred to arbitration. Each party here to shall appoint one arbitrator and the arbitrators so appointed shall nominate one person to act as Umpire. The Arbitrator shall enter into the reference and give their award within such time is provided in the terms of the reference. The award given by the arbitrators shall be final.
23. That it has also been agreed that all tools material like basket, tasla, balti and the like shall be arranged by the contractor.
24. That the contractor shall employed competent and skilled labour in the construction work.
25. That arrangement of water shall be made by the owner.
26. That in case the work is dislocated due to negligence of the contractor or due to his failure to arrange for efficient and expert workmen or due to his inefficient supervision, the owner shall have the right to get the work completed by any other competent person and if the owner suffers lose in such situation, the contractor shall made the same good.
27. That in case the contractor suddenly stops the work, the balance amount of his weekly bills based on architects report shall not be payable to him.
In witness whereof the parties hereto have signed this agreement on the date aforementioned in presence of the witnesses undersigned.
Witnesses :
1. Signature
Name
Address
2. Signature
Name
Address
Signature of the parties :
Owner
Contractor