Construction Agreement

THIS AGREEMENT made as of [24th of January 2019] between

(the "Tenanats") of [SAHARA APARTMENT l o ca t e d at – Behind Noor Baugh Hall, Talao Pali
Road, Kausa, Mumbra. Dist – Thane. 400612]
And
(the "Contractor") of [A. R CONSTRUCTION] l o ca t e d at – Shop No. 7, Mukadam Compound,
Filmcity Road, Goregaon (E), Mumbai – 400 063.

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WHEREAS :
( A ) T e n an t s o wn s a b u il d i n g (t h e " SAHARA APARTMENT " ) l o ca t e d at [ Behind Noor
Baugh Hall, Talao Pali Road, Kausa, Mumbra. Dist – Thane. 400612] ;
And
( B ) L a n d l o r d w i s h e s t o r e t a in t h e s e rv i c e s o f C o n t r a c t o r , an d C o n t r a ct o r
w i s h e s t o b e r e t ain e d by Landlord, to provide certain maintenance services to the
Building;
NOW THEREFORE
In consideration of the recitals, the mutual covenants hereinafter set forth, and for other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the parties hereto hereby agree as follows:
1 . G e n e r al S c o p e o f W o r k :
i t i s p r o p o se d t o co n st ru c t io n & R e p ai r o f Sa h a r a A p a rt m e n t , K a u s a ,
M u m b ra , w h i ch is G+4 th Fl o o r + T e r ra c e , C o n t r a ct should be
r e s p o n si b l e o f al l C i v i l w o r k s l i k e J ac k e t i n g o f C o lu mn , L a y i n g o f
R e i n f o r ce m e n t , C o n c r e t in g , P o l y m e r o f Be a m , S la b a n d C o l u m n ,
P l a st e r E r e ct i o n & I n st al l at i o n o f St e e l s t ru ct u r e f o r R o o f , E t c .
C o n t r a ct o r s h o u l d b e f o l l o w Ge n e r al D e t a i l s & D r a w in g o f A c o t e ch
C o n su l t a n t s P vt L t d . C o n t ra c t o r s h o u l d b e p r io r in f o r m c o n c r e t in g o f
C o l u mn , B e am & Sl a b . C o n t r a c t o r s h o u ld C o mp l e t e w o rk w i t h i n 9 0
d a y s o f E n t i re Bu i ld i n g r e p a ir i n g w o r k .
2. Renewal
T h i s a gr e e m e n t sh al l b e au t o m at i c al l y e x t e n d e d a t t h e e n d o f t h e f ir st
t e rm f o r o n e f u rt h e r t e r m, if t h e s t ru c t u r al r e p a ir w o r k o f t h e s a i d
b u il d i n g w o n t g e t s c o mp l e t e d i n t h e s t ip u l at e d t i me me n t i o n e d i n
P a r a 1 , u n l e s s n o t ic e o f t e r m in at i o n is g i ve n b y e i t h e r p a r t y 1 5 d a y s
p r io r t o e xp i ra t i o n o f t h i s a g re e me n t .
3. Termination
T h i s a g re e me n t may b e t e r m in at e d at a n y t i me o n 1 5 d a y s w r i t t e n
n o t i c e b y e it h e r p a rt y t o t h e o t h e r .
4. Work
T h e w o r k i s d e s c r i b e d a s f o l l o w s:
( A D e t a i l e d D e s c r ip t i o n o f t h e w o r k i s a t t a ch e d h e r e t o as S c h e d u l e
“ A ” t h e w o r k w i l l b e c o m p le t e d e xa c t l y i n a c c o rd an ce w i t h t h e
D r a w in g s , P l an s an d Sp e c if i c at i o n s , ma d e b y A p p o in t e d T . M . C P a n a l
C i v i l E n g i n e e r i . e A c o t e c h Co n su lt an t s P v t Lt d . T h e co p i e s o f s a id
D r a w in g s , P la n s , an d Sp e ci f i ca t io n s are at t a c h e d h e re t o a s S ch e d u le
“ A ” . t h e o w n e r w i ll p ro v i d e t h e Co n t r a c t o r w i t h a ll t h e A r c h it e ct ’ s
d r a w in g s an d e xp la n at i o n a s l o n g a s t h e y ar e co n s i st e n t w i t h t h e
o r i g in a l D r a w in g s , P l a n s an d Sp e c if i c at io n s .

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5. Contractor's Obligations
During the term of this Agreement, the Contractor will provide maintenance services to
the Building, as more particularly described in Schedule "A" hereto,, unless otherwise
specified, necessary cleaning materials, for the Building all in accordance with the
specifications attached and signed for identification by the Contractor and the Landlord,
which specifications are to be read into and form part of this agreement.
6. P a y m e n t
The agreed upon price for the Construction and Repair work of the said building is Rs.
27,00,000 /- to be paid to the A. R CONSTRUCTION, the initial Advanced Amount paid
Rs. _________________ on dated ___________________ Vide Receipt No.
________________ For the services and materials mentioned, the Tenants of the said
Building shall pay to the Contractor during the term of this agreement the sum of
Rs.[pay to contractor] to be paid in arrears as follows: Rs. [pay to contractor] on the last
day of each contract month. The expression "contract month" when used shall mean a
calendar month, the first of which shall commence on the commencement date of the
term of this agreement. The contractor during the term of this agreement shall not ask
extra money over and above as decided between the parties at the time of execution of
this agreement. The contractor shall complete the structural repair of the said building
in the said amount, mutually agreed by both the parties. The contractor must properly
and diligently complete the work provided for in this contract. The contractor will not
leave the structural repair work of the said building during the stipulated time and
period, on demand of over and above amount agreed by both the parties. If the
contractor fails to perform the part of contract, then the contractor shall be liable to pay
50% of the total agreed amount of contract to the Tenants of the Said Building i.e
“Sahara Apartment”
(A Detailed schedule of Payment is attached hereto as Schedule “B”)
7. Failure to Pay Contractor
The Contract may stop work and terminate this contract if the Tenants fails to pay the
contractor any sum within 7 days after the date fixed for payment. The Tenants must
then pay for all work which has been completed, together with the Contractors
reasonable profit and damages.
8. T e r m
The term of this agreement shall be for 3 Months and shall commence of the ______
day of __________, 2019, and end on the __________ day of ________,2019, subject to
the right of renewal.
9. No Oral Changes
This Contract can only be changed by an agreement in writing signed by both the
Tenants and the Contractor pertaining to structural work of the said building in the
observation of the Architect. No variations, alterations, deviations, deletions or extra

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 work can be made unless both the tenants and the contractor specifically agree in
writing as per instruction of the Approved TMC panel Architect.
10. D a m a g e s
The Contractor shall be in no way responsible for any failure to perform any of the
services mentioned in paragraph 1 caused by any act or neglect of the Tenants
caused by strikes, lockouts, fire, unavoidable casualties or by any other cause of any
kind whatsoever beyond the control of the Contractor. Similarly, the Tenants shall be in
no way responsible for any failure of performance of contract on the part of the
contractor caused by any act or negligence done by the contractor or by the labors at
the construction site.

11. Safety Precautions and Emergencies

Contractor’s Responsibility for Safety, the contractor shall be solely responsible
notwithstanding any stipulation by owner or Engineer for initiating, maintaining and
supervising all safety precautions and programmes, in connection with the works and
shall comply with all laws, ordinance, code rules and regulation and lawful order of any
public authority having jurisdiction for the safety of persons or property or to protect
them from damages, injury or loss during the entire contract period including non-
working hours. On the occurrence of an accident arising out of the works which result
in death or which is so serious as to be likely to result in death, the contractor shall
within one hour of such accident intimate in writing to the Engineer the facts stating
clearly and with sufficient details the facts of such accidents and the action taken by the
contractor. In all cases, the contractor shall indemnify the Engineer against all losses or
damages, resulting directly from the contractor failure to report in the manner
aforesaid.
12. Care of Property
The contractor will protect the work, materials, property and adjacent property form
damage or loss. The contractor will also take proper precautions for the safety of the
public. The Property will be kept free of waste, rubbish and surplus materials. The
Contractor will leave the Property “Broom Clean” before being entitled to the final
payment under this Contract. The Contractor will also pay for, repair or replace any
damage or loss caused by the Contractor’s failure to perform this contract.
13. Materials
The contractor will provide the materials, supplies equipment, service and labor
necessary for the complete performance of this contract. Unless otherwise agreed, all
materials will be new and good quality.
14. S t o r a g e S p a c e
During the term of this agreement the Tenants of the said Building shall provide,
adequate, conveniently located storage space for the cleaning materials and equipment
of the Contractor, and shall be responsible to the Contractor for the security of such
space when the Contractor's employees are not working in the building.
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15. Warning and Barricades
The contractor shall provide and maintain barricades, guards, guards rails, temporary
bridges and walkways, watchmen, headlights and danger signals illuminated from
sunset to sunrise and all other necessary appliances and safeguards to protect the work,
life, property, the public, excavations, equipment amd materials. Barricades shall be
substantial construction and shall be painted such as to increase their visibility at night.
For any accident arising out of the neglect of above instruction, the contractor shall be
bound to bear the expenses of defense of every suit, action or other legal proceedings
at law, that may be brought by any person for injury sustained owing to neglect of the
above precautions and to pay all the damages and costs which may be awarded in any
such suit, action or proceedings to any such person or which may with the consent of
the contractor be paid in compromising any claim by any such person.
16. Continuing Obligation Of The Contractor
The contractor’s obligation to perform and complete the work in accordance with the
contract document is and shall be absolute. The Contractor will be liable for defective,
faulty or improper materials workmanship. Upon written demand, the contractor will
immediately remedy all defects, fault or omissions and complete all unfinished work.
The contractor’s obligation will not be affected by the issuance of an Architect’s
Certificate.
17. Cleaning Up
The contractor shall at all times during the work keep the site and premises, adjoining
property and public property free from accumulation of waste materials, rubbish and
other debris resulting from the works and at the completion of work shall remove all
waste materials, rubbish and debris from and about the site premises as well as all tools,
construction equipment and machinery and surplus materials, and shall leave the site
premises, clean, tidy and ready for occupancy of the Tenants. The contractor shall
restore to their original condition those portions of the site not designated for alteration
by the contract documents paved ways, parking areas and roadways disturbed by the
construction shall be redone by filling excavation, if any by sand compacted material
and bringing it to its original shape as directed and approved by the Engineer. No waste
material shall be buried or disposed off on the Tenants Property unless so approved in
writing by the Engineer-in-charge. Before the Contractor applies for final inspection and
acceptance of the work, all items of work shall be complete, ready to operate, and in a
clean condition as determined by the Engineer.
18. Change in Site
No claims shall be paid on account of reasonable change in site or orientation as the
circumstances may call for.

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19. Excavated Materials
All excavated material / stuff shall be MC property and shall be disposed off by the
Contractor in a manner as directed by the Engineer.
20. Supply of Water
The Tenants has to make arrangements to procure water required for construction
work, testing of fabricated pipes and testing of the pipe line laid in position.
21. (Sub Contractor) Third Party Contract
The Contractor shall entertain all the works such as Water Pipe Line (Plumbing Work) &
Roofing of Terrace (Fabrication Work) Including from the Construction and Repair work,
any contract made between contractor and (Sub Contractor)Third Party Contractor for
completion of the Structural Repair work of the said building, the contractor will be
wholly responsible for the completion of work allotted by him to any (Sub Contractor)
Third Party Contractor and for the Payment and Transaction made between them.
22. Arbitration and Mediation
A. D e sp it e a n yt h in g c o n t a in e d in t h is a g r e e me n t t o t h e c o n t r a r y ,
i n t h e e v e n t t h at a dispute or difference arises with respect to this agreement that
cannot be resolved by negotiation between the parties and the parties agree that they
do not wish to terminate this agreement, then in such event the parties agree to use
the services of a mediator to attempt to resolve their dispute or difference and, failing
agreement on the procedure to be followed, the mediation shall be conducted in
accordance with the "Rules of Procedure for the Conduct of Mediations" of the
Arbitration and Mediation.
B. In t h e e v e n t t h a t me d ia t i o n d o e s n o t r e su lt in a r e so lu t io n
o f t h e d i s p u t e o r difference and the parties agree that they do not wish to
terminate this agreement, then in such event any unresolved issue may be taken to any
other appropriate dispute resolution process agreed to by the parties, including
arbitration or an appropriate court process. Should arbitration be agreed upon, the
arbitration will be conducted in accordance with the "Rules of Procedure for the
Conduct of Arbitrations" of the Arbitration and Mediation.
23. Notices
All notices under this Contract must be in writing. The notice must be delivered
personally or mailed by certified mail, return receipt requested, to the other party at the
address written in the Contract or that Party’s attorney.
24. Time of the Essence
Time is of the essence of this Contract agreement and of all provisions of it.
25. Governing Law
This Contract Agreement shall be construed and enforced in accordance with the laws of
the state of Maharashtra.

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26. Entire Contract Agreement
This agreement embodies the entire agreement of the parties with regards to the
matters herein, and no other agreement shall be deemed to exist except as entered into
in writing by both parties to this agreement.
27. Partial Severability
If any part of this agreement is held or rendered invalid or illegal, the remainder of this
agreement continues to apply.

IN WITNESS WHEREOF the parties have affixed their respective seals, attested by the
hands of duly authorized person in that behalf on the date first written above.

INWITNESS WHEREOF the parties have executed this Agreement on the date first
written above.

_________________________
(Signature)

(Name of the Contractor)

_________________________
(Signature)

(Name of the Secretary / Gen. Secretary)

Witness

1. _________________________
(Signature / Seal)

(Name of the Witness)

2. _________________________
(Signature / Seal)

(Name of the Witness)

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Schedule "A" Description of Maintenance Services

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 Schedule "B" Description of Payment
From, To,
Secretary / Gen Secretary
Sahara Apartment, Behind Noor Baug
Hall, Talao Pali Road, Kausa, Mumbra,
Dist – Thane. 400 612
Date of Contract / Agreement 24th of January 2019
Timeframe within which the Structural 3 Months from the date of the
Repair Work of the Building will be Contract / Agreement
Completed
Initial Amount Paid on ____________ _________________________ (Rupees
___________________________ Lakh)
Interval of Other Payments after the Last Day of Each Calendar Month
Initial Payment Calendar Month Amount
1. February
2. March
3. April
4.
5.
Total Amount to be paid as per each
Calendar Month
Total Amount of Structural Repair
Work of the Building

_________________________
(Signature / Seal)

(Name of the Contractor)

_________________________
(Signature / Seal)

(Name of the Secretary / Gen. Secretary)

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 Acknowledgment
_______________________________________
Payment Receipt

I __________________________ designation _____________________________

____________________________________ acknowledge the receipt of payment

of Rs. _____________ (Rupees _______________________________________)
On dated _______________ with thanks on Account of
___________________________________________________________________
___________________________________________________________________

_______________________ _______________________
Approved by Receiver Signature

Contractor Personal / Company List of Document –

1. Aadhar Card.
2. Pen Card

_________________________
(Signature / Seal)

(Name of the Contractor)

_________________________
(Signature / Seal)

(Name of the Secretary / Gen. Secretary)

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