Construction in Accordance with Plans and Specifications

The Contractor shall execute the Work in strict compliance with the plans and specifications that have been reviewed and approved by the Owner.

Labor and Materials

The Contractor is responsible for all valid charges for labor and materials used in the construction of the Work. However, the Contractor is not obligated to pay bills for any period during which the Owner is in arrears on progress payments.

Extra Work

Any modifications or additions to the Work, as directed by the Owner, a governmental authority, or a lender, shall be treated as extra work. The cost of such extra work will be added to the Contract price. All requests for extra work must be made in writing.

Delays

The Contractor shall not be held liable for delays in completion caused by acts of God, actions by the Owner or their agents, adverse weather, labor disputes, actions by public utilities or governmental agencies, extra work, the Owner’s failure to make timely payments, or other unforeseen events beyond the Contractor’s reasonable control.

Subcontracting

The Contractor may not subcontract any portion of the Work without the prior written consent of the Owner.

Warranties

Where possible, the Contractor shall arrange for suppliers to issue warranties or guarantees directly to the Owner. The Contractor provides a builder’s warranty, covering structural defects, for one year from the date of handover.

Laws and Permits

• The Contractor shall perform all Work in compliance with applicable laws.
• The Contractor will obtain, at their own expense, all necessary building permits. The Owner is responsible for obtaining any required variances and for paying all assessments, taxes, and charges related to the Work.
• Before Work begins, the Owner must inform the Contractor of any soil, drainage, or hazardous conditions (such as asbestos, toxic molds, lead paint, PCBs, or underground storage tanks) that could affect the Work. The Owner is responsible for abating such conditions as reasonably necessary.

Insurance

• The Contractor shall maintain, at their own expense, automobile liability and Worker’s Compensation insurance as required by law.
• The Owner shall maintain property insurance, including course of construction, vandalism, and malicious mischief coverage, for the Property and the Work.
• Both parties and their insurers waive any right of subrogation against each other.

Clean-up

Upon completion, the Contractor shall remove all surplus materials, containers, and debris, leaving the Property clean and ready for occupancy.

Dispute Resolution

Any claims or disputes arising from this Contract shall be resolved exclusively by the competent courts in Bangalore.

Materials and Workmanship

All materials shall be of standard grade unless otherwise specified in writing. Any upgrades requested by the Owner after commencement shall be considered extra work and billed accordingly. The Contractor shall use standard methods and means; significant changes requested by the Owner may result in additional charges.

Final Payment

Final payment is due upon completion of the Work and the Contractor’s confirmation that all subcontractors and suppliers have been paid or will be paid from the final payment. Minor punch list items shall not be grounds for withholding final payment.

Completion of Work

At the Contractor’s request, the Owner shall sign and record a Notice of Completion within five (5) days of project completion. If the Owner fails to do so, the Contractor is irrevocably appointed as the Owner’s agent to prepare, sign, and record such notice.

Risk of Loss

Risk of loss for goods or materials passes from the Contractor to the Owner once they are installed and incorporated into the Work.

Time for Completion and Penalties

The Contractor agrees to complete the Work within six (6) months. Delays attributable to the Contractor will incur a penalty of 10% per month of the total contract value, deducted from the contract sum, with any part of a month counted as a full month. The same penalty applies to the Owner for delays attributable to them.

Miscellaneous Provisions

• All prices quoted are valid for acceptance within fifteen (15) days.
• The Contractor shall exercise reasonable care to avoid damaging existing plants or landscaping. The Owner may relocate or remove plants as needed.
• The Owner shall provide reasonable access to the Property and areas for storage of the Contractor’s equipment and supplies, including a portable toilet.
• The Owner is responsible for supplying 6KV electrical power and water at their own cost for the completion of the Work.
• All notices must be in writing and delivered personally, by certified mail (return receipt requested), or by reputable overnight courier to the addresses stated in this Contract.
• The Contractor may not assign this Contract without the Owner’s prior written consent.
• This Contract may only be modified by a written document signed by both parties.
• This rewrite preserves the original intent and legal clarity, while streamlining and updating the language for readability and enforceability in line with standard construction contract practices