Draft of AGREEMENT BETWEEN AN OWNER AND AN ARCHITECT FOR CONSTRUCTION OF A BUILDING
THIS AGREEMENT made at ……… on this ……. day of…….. 2000 and ………. between A, son of Shri X residing at ………. (hereinafter called “the Employer” which expression, unless it be repugnant to the context or meaning thereof be deemed to mean and include his heirs, administrators, executors, legal representatives, successors and assigns) of the ONE PART and Shri……….. ……… carrying on business in the partnership name and style of M/s ……… , having their place of work at ………. (hereinafter called “the architects” which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include every partner for the time being of the said firm, the survivor or survivors of the legal representatives, administrators and assigns of the last survivor) of the OTHER PART.
WHEREAS the employer is desirous of constructing a building for his residence at ………
AND WHEREAS the employer is desirous of appointing the architects as architects for the said building (hereinafter referred to as the “said works”) and WHEREAS the architects have accepted the said appointment on the terms and conditions hereinafter contained.
Now, therefore, it is hereby agreed by and between the parties hereto as
follows:-
1. The employer appoints M/s………… Architects, as architects for the said works.
2. The architects shall render the following services in connection with and in regard to the said works:-
(a) Preparation of sketch designs (including carrying out necessary revisions till the sketch designs are finally approved by the employer), making approximate estimates to enable the employer to take a decision on the sketch designs;
(b) Submission of the site plans and other drawings to the municipal corporation ……….. and obtaining its approval;
(c) Preparation of architectural working drawings, making structural calculations and preparing all structural, mechanical, sanitary, plumbing, drainage, electrical drawings, specifications, detailed estimates of cost or such other particulars as may be necessary for the preparation of bills of quantities;
(d) Preparation of landscapes and planting drawings;
(e) Preparation of six copies of the contract documents including all drawings, specifications, bill of quantities, or other particulars and such further details and drawings, as are necessary for the proper execution of the works; (f)Supervision and inspection of the said works by the general contractor, sub-contractor, consultant, etc. that may be engaged from time to time by visiting the site periodically;
(f) To check measurements of works at site, checking contractor’s bills, issuing periodical certificates for payment and passing and certifying accounts, so as to enable the employer to make payments to the contractors and making adjustment of all accounts between the contractors and the employer;
(g) Submission of detailed account of the steel, cement and any such other material as the employer may specify, and certify the quantities utilized in the works;
(h) Obtaining of building completion certificate and securing permission of Municipal Corporation or other authority for the occupation of the building and obtaining refund of deposits, if any, made by the employer to the Municipal Corporation or other authority;
(i) Any other service connected with the said works usually and normally rendered by architects and not referred to in any of the items referred to above.
3. The architects shall submit to the employer the sketch plans, tender documents, etc. within the period stipulated in the Schedule hereto annexed.
4. The architects shall exercise all reasonable skill, care and diligence in the discharge of duties hereby covenanted to be performed by them and shall exercise such general superintendence and inspection in regard to the said works as may be necessary to ensure that the work is being executed in accordance with the working drawings and specifications aforesaid and that the work is free from defects and deficiencies. The architects shall be fully responsible for the structural soundness of the works.
5. The construction cost shall not exceed Rs. ……….. per square meter and should conform to the norms of ……… The construction cost shall not include:-
(a) cost of land;
(b) architects fees;
(c) any services relating to fitting or fixtures not designed by the architects; and
(d) soil testing fees.
6. The architects shall not make any deviation, alteration, addition or omission from the approved drawings without the prior written consent of the employer.
7. The architects shall on the completion of the work supply to the employer at their expenses two copies of one-eighth scale drawings (one of which shall be in tracing cloth); two complete sets of structural drawings and two sets of drawings sufficient to show the main lines of drainage, electrical installation and other essential services.
8. The architects shall arrange for taking trial bores, test pits, or other preliminary tests required to be carried out before the commencement of the said works and submit their report to the employer. The cost of carrying out such tests shall be borne by the employer.
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