CIVIL WORKS CONSTRUCTION AGREEMENT
This Agreement is made and entered into at [City], on this ___ day of ____________, 20__,
BY AND BETWEEN
Mr./Ms. [Client’s Full Name], residing at [Full Address], hereinafter referred to as the
“Owner” (which expression shall, unless repugnant to the context or meaning thereof, be
deemed to include his/her heirs, successors, executors, administrators, and permitted
assigns),
OF THE FIRST PART
AND
Mr./Ms. [Contractor’s Full Name], proprietor/partner of M/s. [Contractor’s Firm Name],
having their registered office at [Full Address], hereinafter referred to as the “Contractor”
(which expression shall, unless repugnant to the context or meaning thereof, be deemed to
include his/her heirs, successors, executors, administrators, and permitted assigns),
OF THE SECOND PART
WHEREAS
The Owner is desirous of constructing a residential house on the premises situated at [Site
Address], more particularly described in Schedule A annexed hereto (hereinafter referred
to as the “Project Site”), and has agreed to engage the Contractor to execute the civil works
related thereto, on the terms and conditions set forth herein;
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1. Scope of Work
The Contractor shall execute and complete the civil construction works of the residential
building in accordance with the structural drawings, architectural plans, and specifications
approved by the Owner and/or Architect. The work shall include but not be limited to:
- Earthwork and excavation
- Foundation and RCC structural works
- Masonry, plastering, waterproofing
- Staircases, lintels, chajjas, parapets
- Finishing of structural surfaces, minor formworks, etc.
Works excluded shall be specified under Schedule B hereto.
2. Contract Value
The total contract sum payable to the Contractor shall be ₹_________ (Rupees __________________
only), subject to additions and deductions as may be agreed upon in writing for variations,
and shall be paid in the manner stipulated hereinbelow.
3. Payment Terms
The Owner agrees to pay the Contractor in stages, linked to the progress of the work as
under:
Stage I – Mobilization Advance: ₹ ___
Stage II – On Completion of Foundation Work: ₹ ___
Stage III – On Completion of Ground Floor Slab: ₹ ___
Stage IV – On Completion of Roof Slab: ₹ ___
Stage V – Final Completion & Handover: ₹ ___
All payments shall be made within 7 (seven) working days of submission of invoice and
certification by Owner/Architect.
4. Time of Completion
The entire scope of work shall be completed within a period of ___ (__) months from the date
of mobilization at site, unless extended by mutual written agreement due to force majeure
or approved variation orders.
5. Materials & Workmanship
The Contractor shall be responsible for the procurement and use of quality construction
materials conforming to IS codes and approved specifications. All workmanship shall be in
accordance with industry standards and subject to approval by the Owner or his/her
appointed representative.
6. Defects Liability
The Contractor shall be liable for any structural or workmanship defects arising within a
period of 12 (twelve) months from the date of completion and handover. Defects notified in
writing shall be rectified at no additional cost to the Owner.
7. Delay & Liquidated Damages
If the Contractor fails to complete the work within the stipulated time, excluding
permissible delays, he shall be liable to pay liquidated damages at the rate of ₹____ per day,
subject to a maximum of ___% of the total contract value.
8. Termination
Either Party may terminate this Agreement by giving 15 (fifteen) days' prior written notice
upon:
- Material breach by the other Party;
- Continued non-performance despite written warnings;
- Mutual agreement to terminate.
Upon termination, the Owner shall pay the Contractor for all satisfactorily executed and
certified work up to the date of termination.
9. Indemnity
The Contractor agrees to indemnify and hold harmless the Owner from any liability, claim,
loss, or expense arising due to non-compliance with statutory laws, injuries to workmen, or
third-party damages during the execution of the works.
10. Dispute Resolution
All disputes or differences arising out of this Agreement shall be resolved by mutual
discussion, failing which they shall be referred to a sole Arbitrator appointed mutually by
the Parties, in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
The seat and venue of arbitration shall be [City], and the language shall be English.
11. Jurisdiction
This Agreement shall be governed by the laws of India, and courts at [City] shall have
exclusive jurisdiction over all matters arising hereunder.
12. Entire Agreement
This Agreement, along with the annexed schedules, constitutes the entire understanding
between the Parties. No amendment or modification shall be valid unless made in writing
and signed by both Parties.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first above
written.
Signed and Delivered by the Owner
Signature: ____________________
Name: ________________________
Date: ________________________
Signed and Delivered by the Contractor
Signature: ____________________
Name: ________________________
Date: ________________________
SCHEDULE A – Description of the Site
(Plot No., Survey No., Address, Boundaries, etc.)
SCHEDULE B – Exclusions from Scope
(E.g., electrical, plumbing, interiors, etc.)
SCHEDULE C – Drawings & Specifications
(List of approved plans and design documents)
