EXCAVATIONS AGREEMENT
This Excavations Agreement (“Agreement”) is made and entered into as of 11th
November 2024, by and between:
Artwood German Limited
Address: P.o Box 76444-00508 Nairobi
Hereinafter referred to as the "Client"
AND
Finder Speciality Limited
Address: P.o Box 8280-00300 Nairobi
Hereinafter referred to as the "Contractor"
1. Scope of Work
The Contractor agrees to perform the following excavation services at the location
identified below:
Site Name: Aya Luxury Residence
Site Location: Kileshwa, Othaya Road on PLOT LR. 209/3272 & 209/3274
Description of Excavation: Excavation for 3 basements, Approximately
11000 cubic for both sites at the agreed rate.
Additional Servies: The contractor shall supply backfill material to Haven
Villas in Lavington approximately 200 trucks or more
2. Terms and Conditions
Start Date: 14/11/2024
Completion Date: 1/1/2025
Working Hours: 8.00am to 5pm
Delays: Any delays to the project timeline should be communicated in
writing. Extensions will be allowed for weather-related delays, unforeseen site
conditions, or delays caused by the Client.
Penalty for Delays shall be Kshs 100,000.00 per day
3. Payment and Compensation
Excavation Rate: Kshs. 500 per cubic for all class of rock and soil (Inclusive
V.A.T) for works measured on site.
Payment Schedule: Weekly payments as per work done, the client shall
pay 80% of every invoice and the remaining balance to be paid upon
completion
4. Equipment and Materials
The Contractor will provide all necessary equipment, tools, and materials for
the excavation work.
The Client agrees to provide access to the site and any permits or
permissions required for the excavation to be carried out.
5. Permits and Licenses
The Client will be responsible for obtaining all necessary permits and licenses
required for the excavation work, unless specified otherwise in this
Agreement.
The Client will ensure the site is free from any existing legal or zoning issues
that could impede the work.
The client shall not be responsible any contractor’s liabilities outside our site
6. Safety and Compliance
The Contractor will comply with all local, state, and federal regulations
regarding safety, health, and environmental protection.
The Contractor will maintain appropriate insurance coverage for his laborers
and workers.
The Contractor to ensure safety of neighbouring structures.
7. Termination
Either party may terminate this Agreement with written notice if there is a
material breach of the terms.
In the event of termination, the Client will pay the Contractor for all
completed work and any costs incurred up to the point of termination.
8. Dispute Resolution
In the event of a dispute arising out of or in connection with this Agreement,
both parties agree to first attempt to resolve the matter through mediation
before pursuing legal action.
If mediation is unsuccessful, the parties may pursue arbitration or litigation in
a court of competent jurisdiction.
9. Miscellaneous
Force Majeure: Neither party will be liable for failure to perform due to
events beyond their control (e.g., natural disasters, strikes, etc.).
Amendments: Any amendments to this Agreement must be made in writing
and signed by both parties.
Governing Law: This Agreement will be governed by the laws of kenya.
Signatures
Client Name: ARTWOOD GERMAN LIMITED
Signature: ___________________________
Date: ___________________________
Contractor Name: FINDER SPECIALITY LIMITED
Signature: ___________________________
Date: __________________________
