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    © All Rights Reserved
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    6 views28 pages

    Articles of Agreement

    Uploaded by

    Shivani Kothawade

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    Articles of Agreement 1928 madethe day = between SS ye (hereinafter called "the Owner’) of the one part and ee of (or whose registered office is situated at). — —— (hereinafter called "the Contractor’) of the other part. WHEREAS the Owner is desirous of EE EE ee (hereinafter called " the Work") at and has caused Drawings and Bills of Quantities showing and describing the work to be done to be prepared by or under the direction of, AND WHEREAS the Contractor has supplied the Owner with a fully priced copy of the said Bills of Quantities (which copy is hereinafter referred to as "the Contract Bills’) AND WHEREAS the said Drawings (hereinafter referred to as "the Contract Drawings") and the Contract Bills have been signed by or on behalf of the parties hereto: AND WHEREAS the Contractor has deposited the sum of Rupees _ with the Architect/Owner for the due performance of this Agreement. Scanned with CamScanner HEREBY S:- Now ITI AGREED AS FOLLOWS: ; 1 For cree hereinafter mentioned Ee pon and to the Conditions annexed carry outand som po Subject Drawingvend desebed by orrefered tin the Contac Bs in reid cece 2 “The Owner will pay the Contractor the sum of Rupees Pee ee (hereinafter ; other sum as shall Genel to “he Contact Su’) such other sum as shall becom tasstl hereunder atthe times and i the manne specie inthe said Condon, 3 The term “the Architect in the said Conditions shall mean the saiq Or Sorin ceasing to be the Architect forthe purpose ofthis Cor the event a i dekh cening ae thal pose, ol bea peso whom the Contractor shall object for reasons considered to be sufficient by an arb ‘said Conditions, Provided always that no person ‘subsequently appointed to be the Architect under this Contract shall be ented to disregard or overrule any certificate or opinion or decision or approval or ‘iven or expressed by the Architect forthe time being. instruction 4. The said Condition and appendix thereto shall be read and construed as form part ofthis Agreement, and the parties hereto shal respectively abide by, subm themselves to the Conditions and perform the agreements on their parts in such Conditions contained. respectively AS WITNESS the hands of the said Parties. the event of his death or. Scanned with CamScanner GENERAL CONDITIONS OF CONTRACT Definitions 1. (1) The contract documents consists ofthe Agreement, the General Conditions of the Contract, Specifications and bls of quantities including all melfications thereof incorporated in the document ‘before the execution and the Contract Drawings prepared by the Architect from time to time. These form the contract, 1. (2) The Owner: ‘The Contractor ‘The Architect: ‘The Consultant: ‘Are those mentioned as such inthe Agreement and shal include their legal representatives, assigns or successors. They are treated. throughout the Contract Document as i each were of the singular rpumber and masculine gender, 1. (8) "The Sie" shall mean the site of the contract work including any building and erections thereon and any other land allotted by the owner for contractors use 1. (@) The torm “Sub-Contracto’, as employed herein, includes those having a diect contrac with the Contractor andi ncludes one who furnishes material worked toa special design according tothe plans or specifications ofthis work but does nat inchide one who merely furnishes material not £0 ‘Any one doing work on apiece rate bass shall be deemed a Sub-Contractor. 1. (5) _Writen notice shall be deemed to have been ly served if delivered in person to the individual ‘orto. a member ofthe fim orto an office ofthe corporation for whom it is intended, or if delivered at ‘or sent by registered mail othe lst business address known to im who gives the roe, 1. (6) The term "Work ofthe Contractor or Sub-Contractor includes labour or material or both, 1. (7) Allie limits stated in the Contract Document are ofthe essence ofthe contract. 1. (8) The law ofthe place of work shall govern the Construction under this contract. 1. (9) The date of virtual completion ofa projector specified area of a project i the date when ‘construction is sufficiently completed, in accordance with the Contract Documents as moafied by any ‘change or variation orders agreed to by the parties, so that the Ouner can occupy the project forthe ‘use it was intended, Contract Document 2. The following documents shall constitute the contract document: 1. Articles of Agreement. “Il, General Conditions of Contract _Bils of Quantities, : 4h et Ee coe Wat cl brn ayn hl dng called for by al. ‘temain in the custody of the Architect so as to be available at all Scanned with CamScanner shal without charge be supplied with all suh 4, the Control wv his Consultant trom time to yr tthe ward of the Contract the Architect a ae time a | Aer oe out aay be er xno amy te Contact Danny Sere pcmeds ax ae reason PEST Foie the work in accordance with these Conga ® ‘enable the Contractor t© Sere atsonable development ofthe work described in the Cons | Provided all uch drawing / SI Sep rain th ia tit keep ne copy O10 Pract Drawing a sch oe rings an gt Tad or ty asl in ee sagen fo eth 16 2), and 30 upon the te 0a tobe avalabe tothe Ache = ee ap sed by the Contr for ‘mentioned shall be us ¥e Contractor for any ow ma he Ate hl he Fe ec grat we ny the pies in the contret bil (6) of request ‘pen in! payment under tbe dou 31 (6) ens Details, Spcticatons, Desc Seg 3." The Contract shall be an chee ey Quaniies given inthe Contact Bil are provisional and are meant o esl ain nm Cnt nm et ne Seater coke le es cad occas ‘not dim any extras or damages on these grounds. ‘Any eror in description on quantity or omission of items from the Contract Bill shall not vile hig Contact but shall be treated asa vatiation. Contract Drawings '5.(1) In genera the Drawings shal indicate dimensions, postion and type of shall indicat the quaites and the methods; and the Bil of Quantities shall indicat ‘quantum and the rate foreach tem of work. Any work indicated on the Drawings and not inthe Specification or vice vena salle furishedas though fully set forth in both. Work nots. ‘detailed, called for, masked or specified shal be the same as sirilar pars that are detailed, ‘The Contractors work shall not deviate from the Drawings and the Specific interpretation ofthese documents shall be final and without appeal. [Exors or inconsistencies discovered in the Drawings and Specifications shall be p brought to the attention of the Architect, through the clerk of works, for interpretation or eo ich my lect te wok sal avs be rough to the ets Scanned with CamScanner ‘Architect are his property. They shall not be used on any other work and shall be returned to the ‘Architect at his request on completion or termination of the Contract. 5. (6) Reinforcing steel bar bending schedules shalt requested bythe Architect be furnished to the Architect atleast fiteen days prior tothe fabrication of the winlorcement Contract Sim 6. The Contract sum shall not be adjusted or altered in any way whatsoever otherwise than in ‘accordance with the express provisions ofthese conditions ancl subject to use 5(2) ofthese coelitens {any error whether of Arithmetic or notin the computation ofthe Contract Sum shall be deemed ta have been accepted by the pastes hereto, Contract Bills 7.(1) The quality and quantity ofthe work included inthe controct sum shal be deemed tobe that which fs set out in the Contact Bills which Bis uniess otherwise exprestly sated in respect of any, ‘specified item shall be deemed to have been prepared in accordance withthe principles of the standeond ‘method of measurement of building works last before iseued by the Indian Standard Institution bat ‘seme as aforesaid nothing contained in the Contract Bills shall override, modify or affect in any wey ‘whatsoever the application or interpretation of that which is contained in these conditions, 7. (2) Any error in description or in quaniiy or omission of items from the Contract Bil shall not ‘ite this Contract but shall be comected and deemed to be a variation required by the Architect. 8. (1) "Scope: The general character and the scope ofthe work i illusrated and defined by the an the Bis of Quantities herewith attached and bythe signed Drawings. I the Contractor shall find any discrepancy in or divergence between the Contract Drawings and or tne Contract Bile be shall immediately give to the Architect a writen notice spectying the disrepancy or divergence ‘and the Architect shall Issue instructions in regard thera. 8. (2) Extent: The Contractor shall ary out and complete the work in every respect in accordance with this Contract and withthe directions of and o the reasonable satisfaction of the Architect. The Architect may in is absolute discretion and from time to time itue further dreuings, details andlor | Architects Instructions Scanned with CamScanner — = | Sate Kae Ree ral 2 armen tiny he Cnc Be Ache whi | area cetmting by the Architect the Contactor within seven day hn A ot ere esa fect ot rom he ean oe ata ya days. Provided always: within seven days of giving such an orl istiction hal hing 2d the the Acitet shal confi such an onstruction ny tractor shal avers comply with he am ee at anytime prior tothe issue ofthe Final Cer med to have taken eet on the die on which, 948) B. Tht ater the Conoco en athe and atthe tne onan bul he Con terAhectmay cof he sae in rte cin hl reap Be toed Facilities and Co-operations ae 10, In the case of works indicated on the Drawings but not included in the contrac the Provide necsary fatten and co-operation for any Subcontractor or supplier who Manetmccy tie ogmmn ay ens ieccieaye ‘uid to make ils several parts come together properly and fit it to receive or be receved by we, ‘of other Contactors shown upon or reasonably implied by the Drawings and Spectications for he ‘completed strature, and he shall make good after them asthe Architect may direct. Any cost cue 'by the defective or itimed werk shall be borne bythe party responsible therefor. “The Conirctr shall not endanger any work by cutting, excavating or otherwise altering the werk and shall not cut orale the work of any other Contractor save wth the consent ofthe Architect Setting out 11. The Architect shall determine any line levels which may be required for the execution of th ‘work and shall fursh othe Contractor by way of accurately dimensioned drawings such informa 2 shall enable the Contractor to set out the Work at ground level ‘The Contractor shall set out and level the wok and shal be responsible forthe accuracy ofthe same He shall provide al the instruments and atondance required by the Acitet for checking the wd “He shall ently at hi oun cost amend tothe satisfaction ofthe Architect any error fund al any ‘sage which may arise though inaccurate sting. Site ‘12.(1) Vist: Before tendering, the Contractor shal have visited and examined the site and said himself asthe to nature ofthe existing roads or other means of communication and the character of ‘the so and ofthe excavations, the corect dimension of the work and the feciities for obtaining any ‘special articles called for in the Contract Document and shall have obtained generally his oun ‘information on all mates affecting the continuation and progress ofthe works. No extra charge made in consequence of any misunderstanding or incoret information on any or onthe grounds of inslicint description, wl be allowed. Should the Contacto comisions,. ted inthe appendix and he shall thereupon and forhuith begin the with and complete the same on or before the ‘Date of Completion’ stated 1o the provision for extension of time hereinafter contained. Scanned with CamScanner ‘and stop drawings required by the specications or by the Architect. Samples shall be delivered as directed by the Architect. 18. (2) A schedule giving dates for the submission of samples shall be included in the schedule described under clause 14. Unless specifically authorised all samples must be submited for approval within sixty days of signing the Contract and not les than one hundred and twenty days befese the date the particular work involved is scheduled to begin. 13,(8)_ The Architect shall check and approve such samples, with reasonable prompiness only for conformity with the design concept of the project and for compliance with the information in the Contract Documents. The Work shall bein accordance with the approved samples, | Progress chart 14. ‘The Contractor shall prepare progress charts and submit the same for approval ofthe Architect and for his record within tweniy-one days ofthe Award ofthe Contract. The charts shall indicate the ‘expected date of commencement and completion of each of the items of the work and shall be ina form approved by the Architect. The Chart shal also indicate the scheduling of samples, Shop Drawings and approvals, Access for Architect to the Works 15. The Architect and his representatives shal at all easonable times have access to the Works and 4 the Workshops or other places of the Contractor where work is being prepared for the Contract and ‘when work is to be so prepared in workshops or other place of a Sub-Contractor (whether or not a ‘nominated Sub-contractor as defind in clause 26 of these Conditions) the Contractor shall have a {erm in the Sub-Contract so as to secure a similar right of access to those workshops or places fr the Architect and his representative and shall do all things reasonably necessary to make such right effective. Architects Status and Decisions 16. (1) The Architect shall be the Owners representative during the Construction Period. The Architect shall periodically visit the site to familiarise himself generally with the progress and the ually of the work and fo determine in general if the work ie proceeding in accordance with the Contract Document. He shall not be required to make exhaustive or continuous on site inspections to ‘check the quality or quantity of the work and he shall not be responsible forthe Contractor failure to ‘carry out the construction werk in accordance withthe Contract Document. During such visits and ‘on the basis of his observations while at the ste he shall keep the Owner informed of the progress of the work, shall endeavour to guard the Owner against defects and deficiencies in the work of the ‘Contractor and he shall condemn work which falls to conform to the Contract Document. He shall have authority to act on behalf of the Owner only to the extent expressly provided in the Contract ‘Document or otherwise in writing which shall be shown tothe Contractor, He shall have authority to stop the work whenever such stoppage may be necessary in his reasonable opinion to ensure the ‘Proper execution of the Contract. ‘The Architect shall be in the frst instance the interpreter of the Conditions of this Contract and the judge of its performance. He shal side neither with the Owner nor withthe Contractor but shall use | ‘his powers under the Contract to enforce is fithful performance by both. In ease ofthe termination | ‘f the appointment ofthe Architect the owner shall appoint a capable end reputable Architect against ‘whom the Contractor shall make no unreasonable objection and whose status under the Contract ‘shall be that of the former Architect. Any dispute in connection with such appointment shall be subject to Arbitration. 16. (2) Decision: The Architect shall within a reasonable time make decisions on all claims of the ‘Owner or the Contractor and all other matters relating to the execution and progress ofthe work or ‘the interpretation of the Contract Document. ‘The Architect may in his absolute discretion and frm tine to time awe futher Drawings. Detalis >t writen instructions, written directions and written explanations in regard to: Scanned with CamScanner ON The removal andlor we-execution of any works executed by the Contractor The dismissal from the works of any persons employed thereon, ‘The opening up for inspection of any work covered up. The amending and making good of any defects under Defects Liability Period, Tenmowl mths lary og theory Conta andthe aay of any other material therefor 4. Assignment and sub-eting, K. Delay and extension time, L._ The postponement of any work tobe executed under the provision of ths Conte, zommg 16.8) Dismissal: The Contractor shall onthe request of the Architect mediately thewers any pene ployed nent in womay inthe opinen fhe hte cron hina and ch penon sl ol gn employed on fe wet ol the Architect Performance Bond 17. Within ton days ofthe signing of his Contac the Contractor shall deposi withthe, «due performance ofthis Contract as securty deposit a sum which together withthe Eimer shal be equal otha refered to inthe append to this Contact as “Securty Deposit ‘The Security Deposit shall be in the fom approved by the Architect and shall remain ‘withthe Architect til the end of the Defects Liblity Period refered to in the append ‘The ssid Security Deposit shall indemnify the Oumer against loss from defects ais ‘under this Contract or due tothe failure ofthe Contractor to promptly carry out ‘under this Contract, (Clerk of Works 18, The trl of Works shall mean the peson approved by the Ache! nd ppd an Bait by the Owner and ating uner the ord ofthe Arh! to inspect the wos inthe ames {Be ishtet the Conmctor shal ford the Cle of Wo every oly nd asisance fori, GRR ad materials and for checking and mensung time and mates. Nether the God evoke,

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