AGREEMENT FOR CONSTRUCTION OF A SMALL BUILDING SUBJECT TO APPROVAL OF ARCHITECT

 

AN AGREEMENT made the ______ day of ________.

BETWEEN

_______________________________________ [insert the name, address etc. of builder] (hereinafter called the Builder) (which expression shall where the context admits include his assigns) of the ONE PART

AND

_____________________________________ [insert the name, address etc. of owner] (hereinafter called the Owner) (which expression shall where the context admits include his assigns) of the OTHER PART:

WHEREBY IT IS AGREED as follows:

1. The Builder for the consideration hereinafter mentioned shall at his own proper costs and charges within the space of ______ months next after the date hereof in a good substantial and workmanlike manner erect and build one house upon the land belonging to the owner at _______ together with the several erections and buildings set forth in the schedule hereto (hereinafter collectively called the works) according to the plans elevations and specification hereunto annexed and subject to the approval of [architect] of [address] the architect to the owner and shall also at his own proper costs find and provide good proper and sufficient materials of all kinds for erecting the works subject to the approval of the said architect (or and will build the works with such materials as the owner shall find and provide for the same).
2. If the builder shall be guilty of any neglect or delay in the building or completing of the works and the said architect on behalf of the owner shall give or leave notice in writing of such neglect or delay at the place of business of the builder or upon the said piece of land intended to be built upon then it shall be lawful for the owner or his pesonal representatives, in case the builder shall not proceed within ______ days after such notice is given or left as aforesaid, with the completion of the works to employ another contractor or a sufficient number of workmen to finish and complete the works and the owner may deduct and retain all such sums of money and expenses as he shall pay or incur in the completion thereof. And the builder shall not in any manner do or cause to be done any act matter or thing whatever to prevent the person or persons employed by the owner from completing the works.
3. The owner shall pay or cause to be paid to the builder the sum of Rs. __________ in manner following that is to say the sum of Rs. ________ part thereof at the completion of the foundation work of the house the sum of Rs. _________ further part thereof at. the completion of the roof-casting of the house and the balance of Rs. ________ in full for the works when completely finished to the satisfaction of the said architect.
4. The owner shall at his own proper costs and charges find and provide on the site all the materials necessary for the building of the works.
5. In case-the owner shall require any extra work to be done in or about the house in addition to those contained in the said specification then and in such case the owner shall pay or cause to be paid to the builder so much money as such extra work shall be worth according to the schedule of prices attached to the said specification or in case or so far as such schedule shall not apply then as may be determined by the said architect.
6. If any dispute or difference shall arise between the parties hereto touching the works or the money to be paid for the same according to the admeasurement and value thereof in case the same shall be admeasured or valued or touching any alteration or addition or any other matter or thing whatsoever relating to the works hereby contracted to be done then and in such case it shall be left to the determination and award of the said architect in manner provided by the Arbitration Act, 1940 and any statutory modification or re-enactment thereof for the time being in force or of a person to be appointed by the President or a Vice- President for the time being of the Institute of Engineers who after such investigation as he may think proper shall deliver his award which shall be binding and conclusive on both the builder and the owner.

THE SCHEDULE ABOVE REFERRED TO:

[Particulars of erections and buildings]

 

[Signatures of both parties]