Agreement Between Promoter and Building Contractor

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    Agreement between Promoter and Building

    ContractorBetween(thePromoter)

    and(the Building Contractor)

    1. The Building Contractor will carry out and complete the work described in the Scheduleof Works given in specification (called the Works), for which the Promoter shall pay theBuilding Contractor the contract sum of`..including, where chargeable,

    VAT. Subject only to any adjustment permitted and made under this Agreement.

    2. The Works may be started between.. and ., and shall be completed to astandard of completion suitable for immediate occupation and use, as intended,

    by

    3. Payment will be made in accordance with the schedule at Appendix 1.4. The Promoter shall, by written notice, extend the date for the completion in relation to

    matters outside the control of the Building Contractor, but it is agreed that inability to

    obtain suitable tradesmen shall not be regarded as outside the control of the Building

    Contractor.

    5. The Building Contractor will make good, at his own cost, any defects in materials orworkmanship of which the Promoter notifies to the Building Contractor in writing within

    a period of three months after satisfactory completion referred to in 2 above.6. The Promoter may order the Building Contractor, only in writing, to make a change in

    the content of the Works, or to delay some part. If the change will increase the Contract

    Sum, no additional payment shall be due unless the Building Contractor agrees therevised contract sum before making the change. (the agreement to increase the contract

    sum is a condition precedent to the Building Contractor being paid for the change). If the

    change should reasonably reduce the Contract Sum, then a fair and reasonable amount

    shall be deducted from the Contract Sum.7. The Building Contractor may initiate a change and may request additional or reduced

    payment. No change to the Contract sum shall be made unless the Promoter has soagreed, prior to the change being implemented.

    8. If the Works are not complete by the date fixed under this Agreement the BuildingContractor will pay or allow the Promoter, either under this Agreement or as a debt,

    liquidated damages at the rate of`.per day from the date fixed for completion

    until actual completion.

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    9. Unless otherwise agreed in writing with the Promoter, the Building Contractor willcomply with the requirements of any statute, statutory instrument, rule, order, BuildingRegulation or bylaw applicable to the Works and shall pay all related fees and charges

    due from him.

    10.Unless otherwise agreed in writing with the Promoter, the Contractor shall indemnify thePromoter against and shall take out and maintain adequate insurance against all lossesresulting from:

    i. personal injury or death directly related to the carrying out of the Works by theBuilding Contractor; and

    ii. Damage to the Works and/or other property directly related to the carrying out ofthe Works by the Building Contractor.

    iii. Failure of the Building Contractor, his consultants or sub-contractors, to properlydesign any works, the design of which, have been entrusted to him.

    11.If the Building Contractor fails, on request, to provide satisfactory documentary evidenceof such insurance the Building Contractor's entitlement to payment under this Agreementshall be postponed until such satisfactory documentary evidence is provided.

    12.If either party fails, without reasonable cause, to comply with the terms of thisAgreement, then the other party may give written notice requiring the default to be ended.

    If the default continues for 7 days after receipt of the notice then the employment of theBuilding Contractor may be terminated upon receipt by the defaulting party of a further

    written notice stating that the employment of the Building Contractor is terminated

    forthwith. The Building Contractor will then be entitled to payment for work carried out

    that is reasonable in all the circumstances of the determination, provided that thePromoter may deduct reasonable expenses incurred in obtaining a new Contractor if the

    Building Contractor was the only defaulting party.

    13.Any dispute or difference under this Agreement may be referred by either party toadjudication by a person nominated by adjudication.co.in in accordance with and subject

    to their Rules for Adjudication current at the time of referral. The Adjudicator's decision

    will be given within 28 days of referral, unless extended to 42 days by the referring party,

    and will be binding on the parties until the dispute or difference is finally determined bylegal proceedings or by agreement.

    Signed by the Promoter ..

    Date: ..

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    Signed by or on behalf of

    The Building Contractor .

    Date: .

    Appendix 1 Payment schedule

    Description of work to becompleted prior to a part

    payment

    Percentage ofcontract sum

    or Agreed lumpsum

    Datepaid

    Mobilisation fee

    Foundations, ground floor

    slab, dpc and damp proof

    membrane

    External walls and first floor

    level

    Roof and windows, including

    glazing

    All internal electrical and

    plumbing services

    Fittings/completion

    Retention **

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    ** Retention shall be paid within 1 week of satisfactory remedial works, after 3 months from the

    completion of the works.