AGREEMENT BETWEEN CONTRACTOR AND A SUB

CONTRACTOR FOR CONSTRUCTION OF THE BUILDING

This agreement made on Saturday 10
th
of December 2013, between SKC
BUILDERS & DEVELOPERS PVT LTD., Lucknow a company incorporated under the
ompanies !ct, 1"#$ and ha%ing its registered office at 633/24 Gul!"
C#l#$%&F!'!(!) R#!)&C*'$*!+& Lu,-$#. through its Director, M". A*/!$ A%%u(
&hereinafter ca''ed (the C#$+"!,+#" which e)pression sha'' un'ess repugnant to the
conte)t or meaning thereof, be deemed to inc'ude his heirs, 'ega' representati%es,
e)ecutors and administrators* of the ONE PART and M// SKA INFRA0ONE PVT.LTD,
a company registered under ompanies !ct, 1"#$ and ha%ing its registered office at
633/24 Gul!" C#l#$%&F!'!(!) R#!)&C*'$*!+&Lu,-$#. through its Director, M"
R!*'l A-*+!" &hereinafter referred to as (Su( ,#$+"!,+#" which e)pression sha'' un'ess
repugnant to the conte)t or meaning thereof, be deemed to inc'ude e%ery director for
the time being of the said firm, the sur%i%or or sur%i%ors or the 'ega' representati%es,
e)ecutors or administrators of the 'ast sur%i%or of the OTHER PART+
,-./.!S the first party is the contractor of the p'ot of 'and admeasuring 3663.2
/1. 23+3"/ bearing 4l#+ N#. 55/GH 672 V"'$)!.!$ 8#9$!, !mar Shaheed
0ath,/aeibarei'y /oad,Lucknow,1+0 &hereinafter referred to as the 2/!') 4l#+ #: l!$)3*
and is desirous of getting residentia' comp'e) constructed on the said p'ot of 'and+
!4D ,-./.!S the first party has !44#'$+3) +*3 !",*'+3,+ and the said
architect has prepared the p'ans, )"!.'$;/ and e'e%ations of the said intended
residentia' apartment bui'ding and the /43,':',!+'#$ of the works to be done and of the
2!+3"'!l/+
!4D ,-./.!S the second party is a big /u( ,#$+"!,+#" and is ha%ing a
3<43"'3$,3 in ,#$/+"u,+'#$ #: (u'l)'$;/ and has agreed to construct the residentia'
comp'e) on the /!') 4l#+ of 'and+
NOW IT IS AGREED B8 AND BETWEEN THE PARTIES AS FOLLOWS5
1+ The sub contractor wi'' construct the bui'ding on the said p'ot of 'and in
conformity with the p'ans, drawings, specifications and e'e%ations as prepared by
the architect which has been anne)ed hereto and marked as !nne)ure !, with
the materia' of best 6ua'ity pro%ided by the contractor e)c'uding a'' the materia's
which wi'' be used in shuttering and in the most substantia' and workman 'ike
manner and to the satisfaction of the ontractor7 architect+ Sub contractor wi''
pro%ide a'' the ski''ed and unski''ed 'abor for a'' the acti%ities of e)ecution
concerned 8 /s 907: per s6uare feet+ &Detai' payment schedu'e is attached as
anne)ure 2;3 herewith*
2+ The sub contractor hereby undertake to commence the construction within fifteen
days of this agreement or as per written instruction of the contractor and
comp'ete the construction on or before the e)piry of 2< months from the date of
start of e)ecution in accordance with the specifications and drawings du'y
appro%ed and sanctioned by the owner+ Drawings, specification and conditions
as are set out in !nne)ure ; hereunder written+
3+ =f the sub contractor fai' to comp'ete the said work within the period as stipu'ated
in the foregoing pro%ision, the sub contractor sha'', at the option of the contractor
but without pre>udice to the other rights under 'aw of the contractor and other
pro%isions herein, pay 'i6uidated damages ca'cu'ated at the rate of /s+ 10000 per
day &but sub>ect to a ma)imum of 20? of the tota' contract amount payab'e by
the contractor under this agreement* for the period between the said stipu'ated
time for comp'etion of the works+ The sub contractor hereby specifica''y agree
and authori@e the contractor to deduct such 'i6uidated damages, if any, from any
insta''ment of payment becoming due and payab'e to the sub contractor in terms
of this agreement+
<+ The contractor wi'' pay to the sub contractor a sum of /s+ # 'acs as mobi'i@ation
for emp'oying the 'abor and starting pre e)ecution work7 e)ecution work by the
sub contractor, running amount sha'' be paid on producing the running bi''s on
e%ery 1# days fre6uency &twice in a month*, payments of the running bi''s wi'' be
made after 9 days of recei%ing the bi''+ This mobi'i@ation amount sha'' be
deducted partia''y, from e%ery running bi'' 8 #? of bi'' amount concerned ti'' the
mobi'i@ation amount wi'' be ad>usted+
#+ !fter the said works ha%e been comp'eted in a'' respects according to the
agreement, sub contractor ha%e at their own e)penses remo%ed and c'eared a''
scaffo'ding, fencing, unused materia's and rubbish from the premises and made
and prepared the said site fit for use and habitation and immediate possession to
buyer of the spaces+
$+ -owe%er, a sum e6ui%a'ent to # per cent of the tota' contract amount payab'e by
the contractor under this agreement sha'' be retained by the contractor as
retention money, which sha'' be paid after successfu' comp'etion of a period of 12
months or at 'east one rainy season from the date of handing o%er the said site
comp'ete in a'' respects and fit for possession to buyer of the spaces+ This
retention money sha'' be deducted from e%ery running bi'' produced by the sub
contractor 8 #? of running bi'' amount concerned+
9+ The sub contractor hereby agrees and undertakes to rectify a'' such defects as
may be found or detected during the abo%e said period of 12 months or at 'east
one rainy season+ =f the sub contractor fai' to rectify the defects pointed out or
dec'ine to cure such defects as pointed by the contractor within fifteen days from
the date of reporting to the sub contractor, the contractor sha'' be entit'ed to
ha%e such defects cured by such other agencies as it may deem fit at the entire
cost and risk of the sub contractor and uti'i@e the retention moneyA 0ro%ided
further that in the e%ent of the said retention money being inade6uate to meet
such costs, charges and e)penses incurred by the contractor for curing the
defects in the construction, the sub contractor sha'' within 9 days of a demand in
writing made by the contractor make good the defect, fai'ing which the sub
contractor sha'' be 'iab'e to pay the same together with the interest at 1#? per
annum+
B+ The contractor sha'' a''ow free ingress to and egress from the premises to the
bui'ders ser%ants, emp'oyees, sub contractors and a'' other persons, who are
necessary in connection with the carrying out of the works under the agreement+
The sub contractor sha'' a'so be 'iab'e to make any changes or re%ision in
designs, drawings whene%er it occurred for the betterment of the pro>ect as
directed by the owner7 architect+
"+ The subcontractor sha'' indemnify the contractor in respect of a'' c'aims,
damages or e)penses payab'e in conse6uence to any in>ury to any emp'oyee,
workman, nominee, in%itee whi'e in or upon the said premises+ The sub
contractor sha'' a'so be responsib'e for any damage to bui'dings, whether
immediate'y ad>acent or otherwise and any damage to roads, streets, foot:paths,
bridges or ways as we'' as a'' damages caused to the bui'dings, and work
forming the sub>ect to this contract by frost, rain, wind or other inc'emency of
weather+
10+ =f the sub contractor abandon the contract or fai' to commence the work or
suspend the progress of the work for 1< days without any 'awfu' e)cuse under
these conditions, or fai' to proceed with the works with such due di'igence and fai'
to make such due progress as wou'd enab'e the works to be comp'eted within
the time agreed upon or fai' to remo%e materia's from the site or to pu'' down and
rep'ace work for se%en days after recei%ing from the owner7 architects written
notice that the said materia's or the works were defecti%e and re>ected by the
owner7 architect or neg'ect or fai' persistent'y to obser%e and perform a'' or any of
the acts, materia's or things re6uired by this contract to be obser%ed and
performed by the Sub contractor for se%en days after written notice sha'' ha%e
gi%en to the sub contractor re6uiring them to obser%e or perform the same and
the architect certifies in writing to the contractor to the said effect, then and in
any of the said cases the contractor may, notwithstanding any pre%ious wai%er,
after gi%ing se%en days notice through the said owner7 architect in writing to the
sub contractor terminate the contract in fa%or of the sub contractor and in so far
as it re'ates to the comp'etion of the remaining construction work, but without
thereby affecting the powers of the owner7 architect, or the ob'igations and
'iabi'ities of the sub contractor, the who'e of which sha'' continue in force as fu''y
as if this !greement had not been so determined+ !nd the contractor by his
ser%ants or agents may enter upon and take possession of the work, too's,
scaffo'ding, sheds, machinery, power, utensi's and materia's 'ying upon the
premises or in the ad>oining 'ands or roads and use the same as its own property
or may emp'oy the same by means of its own ser%ants and workmen in carrying
on and comp'eting the work or by emp'oying any other sub contractor or other
person to comp'ete the works and the sub contractor sha'' not in any way
interrupt or do any act, matter or thing to pre%ent or hinder such other sub
contractor or other person or persons emp'oyed for comp'eting and finishing the
works or using the materia' and p'ant for the works+
11+ ,hen the said works are terminated in the manner as stipu'ated in the foregoing
pro%ision, the owner7 architect sha'' gi%e a notice in writing to the sub contractor
to remo%e their surp'us materia's and p'ant, and shou'd the sub contractor fai' to
as so within a period of se%en days, after receipt thereof by them, the contractor
may se'' the same by pub'ic auction and gi%e credit to the sub contractor for the
net amount rea'i@ed+
12+ The architect sha'' thereafter ascertain and certify in writing, what &if anything*
sha'' be due or payab'e to or by the contractor, for the %a'ue of the said bui'ding
and materia's so taken possession of by the contractor and the e)pense or 'oss
which the contractor sha'' ha%e been put to in procuring the work to be
comp'eted and the amount, if any, owing to the sub contractor and the amount
which sha'' be so certified sha'' thereupon be paid by the contractor to the sub
contractor or by the sub contractor to the contractor, as the case may be, and
the certificate of the owner7 architect sha'' be fina' and conc'usi%e between the
parties+
13+ The sub contractor sha'' be bound to appoint an engineer competent to recei%e
%erba' or written both instructions from the owner7 architect from time to time, on
beha'f of the sub contractor at a'' reasonab'e hours and a'' directions gi%en to him
by the owner7 architect sha'' be deemed to ha%e been gi%en to the sub
contractor+
1<+ The contractor or his representati%es sha'' be entit'ed to inspect the progress of
the construction work and materia's used for the construction and they sha'' be
entit'ed to point out to the owner7 architect any defects in the construction work,
6ua'ity of workmanship or materia's d used when such defecti%e work is in
progress or being e)ecuted or such materia' is brought on site+ =f the owner7
architect wi'' be satisfied about the ob>ections raised, the said architect sha''
certify the same in writing and direct the sub contractor to rectify at their own cost
the defect in the said construction work or remo%e such defecti%e materia's and
the same sha'' be rectified or remo%ed by the sub contractor as directed+
1#+ =f both the parties wish to rescind the contract in between, then they are re6uired
either to gi%e each other an ad%ance notice of 3 months or a compensation
amount of /s+30 'acs+
1$+ !'' disputes or differences re'ating to the specifications, designs, drawings and as
to 6ua'ity of workmanship or materia' used in the work or as to any other 6uestion
arising out of or re'ating to the contract, design, drawings, specifications, orders
or otherwise in connection with the agreement or the carrying out of the works,
whether during the progress of the work or after the comp'etion or abandonment
thereof sha'' be first tried to be reso'%ed by the parties mutua''y+
19+ !nd if the parties cannot reso'%e the dispute or come to any conc'usion then the
dispute wi'' be referred to the so'e arbitration of two arbitrators, one to be
appointed by each party+ The arbitrators sha'' appoint an umpire before entering
upon the reference+ The parties wou'd cooperate and 'ead e%idence, etc+ with the
arbitrators and if one of the parties does not cooperate or remains absent at the
reference, the arbitrators or the umpire wou'd be at 'iberty to proceed with the
reference e):parte+ The arbitrators or the umpire sha'' keep record of the ora'
e%idence adduced by the parties and submit the same to the court at the time of
fi'ing of the award, a'ong with documentary e%idence produced before them or
him by the parties or their witnesses+ The proceeding of the arbitrators or the
umpire sha'' be recorded in .ng'ish and a carbon copy whereof sha'' be
furnished to each party+ The arbitrators or umpire sha'' be entit'ed to appoint
stenographer, for recording proceedings of the arbitration, consu't an e)pert, after
pre%ious notice to the parties to the reference, the cost whereof sha'' be borne
e6ua''y by the parties+ The fees of the arbitrator appointed by a party sha'' be
borne by the party, so appointing and the fees of the umpire and the other
arbitration e)penses sha'' be borne e6ua''y by the parties+ The arbitrators sha''
make their award, with reasons for the decision, within si) months from the date
of entering upon the reference+ =f the arbitrators ha%e a''owed their time to e)pire
without making an award or ha%e de'i%ered to any party or to the umpire a notice
in writing stating that they cannot agree, the umpire sha'' forthwith enter on the
reference+ The umpire sha'' make his award within four months of entering on the
reference or within such e)tended time, as the parties may agree+ The award of
the arbitrators, or umpire, as the case may be, sha'' be fina', conc'usi%e and
binding on the parties and sha'' not be cha''enged on any ground e)cept
co''usion, fraud or an error apparent on the face of the award+ This reference to
arbitration sha'' be deemed to be a reference within the meaning of the
!rbitration and onci'iation !ct, 1""$ or any statutory modification thereof+ 4o
action can be taken under this agreement for the enforcement of any right
without resorting to arbitration under this c'ause+
1B+ This agreement sha'' be e)ecuted in dup'icateA the origina' sha'' be retained by
the contractor and the dup'icate by the sub contractor+
1"+ ;oth parties agree to the terms and conditions of the agreement+
=4 ,=T4.SS ,-./.CD the parties ha%e signed these presents and a dup'icate
thereof, the day and year first hereinabo%e written+
Dor SKC Bu'l)3"/ & D3=3l#43"/ P=+. L+)
>CONTRACTOR?
Dor SKA I$:"!#$3 P=+. L+).
>SUBCONTRACTOR?
W'+$3//@
1*4ame,!ddressESignature Date5
2*4ame,!ddressESignature 0'ace5