senmuraconstruction.com

Terms & Conditions

1. Parties
This Agreement is made between:

  • Owner / Employer: [Name, address, contact]

  • Contractor: [Name, address, contact]

2. Definitions

  • “Contract” means this agreement, its schedules, annexures, and all documents incorporated by reference.

  • “Work / Works” means all construction, labor, materials, services to be provided under this contract.

  • “Site” means the area of land and structures where the work is to be carried out.

  • “Engineer / Consultant / Architect” means the person or firm designated by the Owner to supervise, inspect, approve works or parts thereof.

  • “Drawings, Specifications” means the design, drawings, specifications, and any revisions approved in writing.

  • “Month” means calendar month.

3. Scope of Work

  • The Contractor shall carry out and complete the works as described in the specifications and drawings, within the time schedule.

  • Any work not expressly included in the scope shall not be deemed part of the contract unless agreed in writing as a variation.

4. Contract Price & Payment Terms

  • The total contract price is ₹________ (or in agreed currency), inclusive / exclusive of applicable taxes (specify).

  • Payment shall be made in stages / milestones, as follows:
      • Advance / Mobilization Payment: ___% on signing of contract
      • Interim payments: upon completion of specified stages
      • Retention / Security Deposit: ___% of each bill, to be released after defect liability period

  • All invoices shall be accompanied by progress reports, measurement sheets, and any required certifications.

  • The Contractor must comply with tax withholding obligations (e.g. TDS) as per applicable law.

5. Time for Completion & Delays

  • Work shall commence on [start date] and be completed by [completion date].

  • Time is of the essence.

  • If delays occur owing to causes beyond the Contractor’s control (force majeure, changes by Owner, extreme weather), then extension of time may be granted upon written request.

  • If delay is due to contractor’s fault, liquidated damages at ___% per day / week may be levied, up to a maximum of ___% of contract value.

6. Variations / Change Orders

  • The Owner may from time to time issue written instructions for additions, omissions, or alterations to the works (a “variation”).

  • Contractor must carry out variations once approved in writing and will be paid / credited for them per agreed rates or by mutual agreement prior to executing.

  • No variation shall be effective unless in writing and signed by both parties.

7. Quality, Materials & Workmanship

  • Materials used must conform to the specifications or standards specified.

  • The Contractor shall carry out all works with sound workmanship, in a professional manner.

  • The Engineer / Owner shall have the right to inspect tests, reject defective work or materials.

  • The Contractor shall remove and replace, at its cost, any defective work or material.

8. Supervision, Safety & Compliance

  • The Contractor is responsible for day-to-day supervision, safety, provision of tools, equipment, scaffolding, and labor management.

  • The Contractor shall comply with all applicable laws, regulations, labor laws, safety standards, environmental laws, building bylaws etc.

  • The Contractor shall maintain necessary permits, licenses, approvals.

  • Contractor shall keep the Owner indemnified against any penalties, fines or liabilities arising from non-compliance.

  • The Contractor shall maintain insurance (workers’ compensation, public liability, contractor’s all-risk) as agreed.

9. Site Access, Facilities & Utilities

  • The Owner shall grant the Contractor right of access to the site, and permit use of utilities (water, electricity) as agreed.

  • Contractor to protect existing structures, vegetation, utilities.

  • Contractor to maintain cleanliness, waste disposal, dust control, temporary protection works.

10. Delays, Suspension & Termination

  • Owner may suspend work temporarily by written notice; Contractor shall resume when directed.

  • If the Contractor fails to perform, the Owner may terminate the contract after giving written notice and opportunity to cure.

  • On termination, the Contractor shall hand over partially completed works, and Owner may complete the work by contract or otherwise, charging costs to Contractor.

  • Contractor is paid for work properly executed up to termination date (less damages or costs).

11. Defects Liability / Warranty Period

  • After practical completion, the Contractor shall maintain the work against defects for a period of __ months / __ year(s).

  • During this period the Contractor shall correct defects at its cost.

  • If Contractor fails, Owner may engage others and deduct cost from retention or other payments.

12. Indemnity & Liability

  • Contractor shall indemnify and hold harmless the Owner, its agents, employees from all claims, damages, losses arising from Contractor’s negligence, breach, or failure to comply.

  • Neither party shall be liable for indirect, consequential damages (unless gross negligence or willful misconduct).

13. Dispute Resolution, Governing Law & Jurisdiction

  • Any dispute, claim or difference shall first be attempted to be resolved amicably.

  • If not resolved, then by arbitration under the Arbitration & Conciliation Act, 1996 (or as applicable).

  • Venue for arbitration / court shall be in [city / state].

  • This contract shall be governed by the laws of India.

14. Force Majeure

  • Events beyond reasonable control (e.g. natural disaster, strike, war, government act) shall excuse performance for duration of the event.

  • The affected party must promptly notify the other in writing, with details and expected impact.

15. Notices

  • All notices under this contract shall be in writing, addressed to the respective parties at their addresses given above, delivered by registered post, courier or email (if agreed).

  • Notices are deemed given on date of delivery (or date of receipt).

16. Miscellaneous

  • Entire Agreement: This contract constitutes full agreement; prior agreements or understandings are superseded.

  • Severability: If any clause is held invalid or unenforceable, the rest shall remain in force.

  • Waiver: Failure to enforce any right is not waiver of that right.

  • Amendments: No change, addition or waiver shall be effective unless in writing signed by both parties.

  • Assignment: Contractor may not assign or transfer rights or obligations without Owner’s written consent.