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 periodAll 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.