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Ranjit Borah

The document outlines an agreement between a client and a construction company for design and construction services, retaining the company's ownership of all documents while granting the client a license for project use. It details the scope of work, payment schedule, timeline, and responsibilities of both parties, along with terms for changes, termination, and dispute resolution. The agreement is governed by the Indian Contract Act, 1872, and includes provisions for quality assurance and project closeout.

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pranjal kalita
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0% found this document useful (0 votes)
22 views6 pages

Ranjit Borah

The document outlines an agreement between a client and a construction company for design and construction services, retaining the company's ownership of all documents while granting the client a license for project use. It details the scope of work, payment schedule, timeline, and responsibilities of both parties, along with terms for changes, termination, and dispute resolution. The agreement is governed by the Indian Contract Act, 1872, and includes provisions for quality assurance and project closeout.

Uploaded by

pranjal kalita
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Note: The company retains ownership of all documents, as they are the intellectual property of the

company. However, clients shall be granted a license to use these documents for the specific project and
allow them to make use of the plans and drawings as necessary for construction and future
maintenance, while protecting the company's intellectual property rights so that there is a balance that
ensures the company's work remains valuable and protects both parties' interests.
Project Overview:

The Client hereby engages the Company to provide design and construction services for the following project for a total
cost of Rs. ..............................................................................................................................

- Type: .......................................................................................

- Roof Type: ............................................................................

- Ceiling Type: .......................................................................

- Flooring:................................................................................

- Rooms: ........................................................................................................................................................

...........................................................................................................................................................................
Materials to be used:

-Steel: ........................................................................

-Cement: ..................................................................

-Sand: .......................................................................

-Aggregate: ...........................................................

-Tiles: .......................................................................

-Paint: ......................................................................

-Doors and Windows: .......................................

Scope of Work:

The Company agrees to perform the following services:

1. Design and Architectural Planning: Develop architectural drawings and plans for the single-storey house according to
the provided specifications.

2. Construction: Execute the construction of the house, including but not limited to foundation work, masonry, roofing,
installation of plumbing and electrical systems, and finishing work.

3. Procurement of Materials: Source and supply all necessary materials required for the construction as per the agreed-
upon design.

4. Quality Assurance: Ensure that all work is carried out in accordance with industry standards and regulatory
requirements, and maintain a high level of quality throughout the construction process.

I
Terms and Conditions:

1. Payment Schedule: The Client agrees to pay the Company in accordance with the following payment schedule:

30% advance for site mobilization and up to plinth level (Foundation)

30% for ground floor slab casting

20% for brickwork, doors, windows and flooring

20% for Interior work & finishes

2. Timeline: The parties agree to complete the project within 11 months, subject to any delays caused by unforeseen
circumstances or changes requested by the Client.

3. Change Orders: Any changes to the scope of work or specifications must be agreed upon in writing by both parties,
and may result in adjustments to the project timeline and cost.

4. Permits and Approvals: The Client shall obtain all necessary permits and approvals required for the construction of the
house, and the Company shall assist as necessary.

5. Warranties: The Company warrants that all work will be performed in a professional and workmanlike manner, and
shall remedy any defects or deficiencies at no additional cost to the Client.

6. Termination: Either party may terminate this Agreement with written notice if the other party fails to perform its
obligations under this Agreement, subject to any applicable termination provisions.

Governing Law:

This Agreement shall be governed by and construed in accordance with the laws of Indian Contract Act, 1872..

Signatures:

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.

Client Signature Company Signature

Client: Company

Ranjit Borah NEE pvt. Ltd..

Date: 14/2/2025 Date: 14/2/2025

II
Company: North Eastern Entrepreneur Pvt. Ltd
Address: Gotonga (opp. Enfield showroom, Tezpur, Sonitpur, Assam, PIN: 784001
E-mail: northeasternentrepreneur@gmail.com

C. Design Development:

a) Technical Drawings: Technical and detailed drawings like floor plans, elevations, sections, and 3D models

shall be prepared that provides a comprehensive view of the building's design.


b) Spatial Relationships: The layout and organization of interior spaces shall be refined by finalizing room

dimensions, door and window placements and ensuring that spaces are efficiently and functionally arranged.

c) Structural Considerations: Structural engineers shall be brought in to address the building's structural

requirements, ensuring that it can safely support its intended use.

d) Materials and Finishes: Specific materials, finishes, and colors shall be selected and specified for different
parts of the building, both inside and out. This shall include flooring, wall finishes, exterior cladding, etc.

e) Cost Estimation:. The project's budget shall be refined and updated based on the more detailed design to

ensure that the project remains within budget.

D. Construction Documents:
a) Architectural Drawings: Preparation of detailed technical drawings that show the exact dimensions, layout,

and specifications of the building. They shall include:

i. Floor plans: Layout of rooms, walls, and fixtures on each floor.

ii. Elevations: Building's exterior from various angles, including the front, side, and rear views.

iii. Sections: Cutaway views that reveal the interior and exterior construction details.
iv. Details: Provide close-up views of specific construction elements and how they are to be built.

v. Site plans: Display the building's location on the site, along with other site features like landscaping,

parking, and utilities.


b) Mechanical, Electrical, and Plumbing (MEP) Drawings: Preparation of drawings that detail the layout of

mechanical systems (e.g., heating, ventilation, air conditioning), electrical systems (wiring, outlets, lighting),

and plumbing systems (pipes, fixtures) within the building.


c) Structural Drawings: Prepared by structural engineers, these drawings specify the size, type, and placement

of structural elements, such as beams, columns, foundations, and load-bearing walls.

d) Schedules: Preparation of documents list key details, such as door and window schedules, finish schedules,

and equipment schedules which provide important information about the quantity and specifications of items

to be used in the construction.


e) Cost Estimation: The project's budget shall be finalized, excluding the contingency.

III
E. Construction Administration:

a) Site Visits: Regular site visits to monitor the progress of construction, ensuring that the work aligns with the

design documents, and identification of any potential issues early on.

b) Quality Control: Close monitoring of the quality of workmanship and materials to ensure that they meet the
standards set forth in the construction documents. Inspections shall be conducted, reviewing submittals, and
approve or reject materials and work as necessary.

c) Progress Reporting: Providing regular updates on the project's progress and address any concerns or issues

that arise during construction.

d) Change Orders: Change orders may be issued during construction when there are modifications or additions
to the original scope of work. These changes shall be ensured and properly documented as approved by the

client.

e) Problem Resolution: If issues, conflicts, or disputes arise during construction, these matters shall be resolved

by finding equitable solutions.

f) Documentation: Detailed record-keeping of all communications, site visits, inspections, approvals, and any
deviations from the construction documents that will help ensure accountability and compliance with the

contract.

g) Substantial Completion: When the project reaches substantial completion (meaning it is ready for its

intended use or occupancy, with only minor items remaining), a final inspection shall be conducted and a

punch list of items that need to be addressed shall be prepared before final completion.
h) Project Closeout: After all work is complete and any outstanding issues are resolved, the project closeout
shall be assisted, which shall include the final payments, obtaining warranties and guarantees, and turning the

building over to the client.

4. Compensation

The Client agrees to pay the Company for the services rendered according to the fee structure and payment schedule
detailed in Exhibit B attached to this Agreement.

IV
5. Responsibilities of the Parties

a. Company's Responsibilities: The Architect shall:


i. Provide professional architectural services in accordance with applicable laws and industry standards.
ii. Monitor the project's progress and quality.
iii. Make site visits as required to inspect construction work.
iv. Provide regular progress reports to the Client.

b. Client's Responsibilities: The Client shall:


i. Provide timely and accurate information and feedback to the Architect.
ii. Obtain the necessary permits and approvals.
iii. Obtain any required approvals or permits not specifically delegated to the Architect.
iv. Ensure timely payment of fees.

6. Changes and Additional Services: Any changes to the scope of services or additional services requested by the Client
shall be subject to a separate agreement and may result in additional fees.

7. Termination: Either party may terminate this Agreement in writing if the other party fails to perform its obligations,
subject to any applicable legal rights.

8. Dispute Resolution: In case of disputes arising from this Agreement, both parties agree to negotiate in good faith to
reach a resolution. If negotiation fails, the dispute shall be resolved through mediation or arbitration, as specified in
Exhibit B.

9. Governing Law: This Agreement shall be governed by the laws of Indian Contract Act, 1872.

10. Entire Agreement: This Agreement, including all attachments and exhibits, constitutes the entire agreement between
the parties and supersedes all prior agreements and understandings, whether written or oral.

11. Signatures: By signing below, the parties acknowledge their understanding and agreement to the terms and
conditions outlined in this Agreement.

Client's Signature: ___________________________ Date: ______________

Director's Signature: ________________________ Date: ______________

V
Exhibit A

Conflicts, disputes, or disagreements if arise during the project between various parties involved, such as the client,
architect, contractor, subcontractors, or other stakeholders, disputes may be resolved in a fair and effective manner in
order to prevent delays, financial losses, and legal complications through the following methods:

1. Negotiation: Parties involved in a dispute can attempt to resolve the issue through direct negotiations which involves
discussions and compromise to reach an agreement that is mutually acceptable.

2. Mediation: Mediation is a voluntary and confidential process in which an impartial third party, known as the mediator,
assists the parties in reaching a mutually satisfactory resolution. However, the mediator shall not impose decisions but
shall facilitate communication and problem-solving.

3. Arbitration: Arbitration is a more formal process where an impartial third party, the arbitrator, shall act like a judge
and make a binding decision to resolve the dispute.

4. Litigation: When all other methods fail to resolve a dispute, parties may resort to litigation, which involves taking the
matter to court. This is a formal legal process, typically more time-consuming and expensive than alternative dispute
resolution methods.

5. Adjudication: In some jurisdictions, especially in the context of construction contracts, adjudication is used to resolve
disputes quickly. Adjudication involves an impartial adjudicator who renders a binding decision, usually within a short
timeframe.

6. Dispute Review Boards (DRBs): For long-term projects, a DRB can be established. A DRB is typically composed of
three members who are experts in the field. They work with the parties to resolve disputes and offer non-binding
recommendations.

7. Expert Determination: In this method, a subject matter expert examines the dispute and provides a binding decision
based on their expertise in the relevant field.

Client's Signature: ___________________________ Date: ______________

Director's Signature: ________________________ Date: ______________

VI

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