The Short Form Contract Between Owner And Contractor is specifically designed for use in the Indian construction industry where a simplified yet comprehensive agreement is needed. It is particularly suitable for small to medium-sized construction projects where the scope is well-defined and the complexity level doesn't warrant a more elaborate contract. This document incorporates essential elements required under Indian law, including provisions from the Indian Contract Act, 1872, and relevant construction regulations. It provides a balanced approach to risk allocation between the owner and contractor while maintaining clarity and ease of use. The contract is structured to include fundamental aspects such as scope of work, payment terms, timelines, and basic obligations, while avoiding unnecessary complexity that might be found in larger construction contracts.
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1. Parties: Identification and details of the Owner and Contractor, including their registered addresses and authorized representatives
2. Background: Brief context of the project and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Scope of Work: Detailed description of the construction work to be performed by the Contractor
5. Contract Price and Payment Terms: Amount payable, payment schedule, and payment conditions
6. Timeline: Project commencement date, completion date, and key milestones
7. Contractor's Obligations: Key responsibilities including quality of work, safety measures, and compliance with laws
8. Owner's Obligations: Key responsibilities including site access, approvals, and information provision
9. Materials and Workmanship: Standards for materials and quality of work
10. Variations: Process for handling changes to scope or specifications
11. Defects Liability: Contractor's responsibility for defects and rectification period
12. Termination: Grounds and process for contract termination
13. Dispute Resolution: Process for resolving disputes between parties
14. Governing Law: Specification of Indian law as governing law and jurisdiction
1. Insurance: Insurance requirements - include for higher value projects or when specific risks need coverage
2. Performance Security: Bank guarantee or security deposit requirements - include for larger projects
3. Force Majeure: Provisions for unforeseen circumstances - important in longer duration projects
4. Intellectual Property: IP rights and ownership - include if design elements are involved
5. Confidentiality: Protection of sensitive information - include if proprietary information is shared
6. Environmental Compliance: Environmental obligations - include if significant environmental impacts are expected
7. Health and Safety: Detailed safety requirements - include for complex construction works
1. Schedule 1: Scope of Work: Detailed specifications, drawings, and work description
2. Schedule 2: Bill of Quantities: Itemized list of work items and their quantities
3. Schedule 3: Payment Schedule: Detailed breakdown of payment milestones and amounts
4. Schedule 4: Project Timeline: Detailed project schedule with milestones and completion dates
5. Schedule 5: Material Specifications: Detailed specifications for materials to be used
6. Schedule 6: Site Details: Site layout, access points, and specific site conditions
7. Appendix A: Required Permits: List of permits and approvals required for the project
8. Appendix B: Key Personnel: List of key personnel from both parties involved in the project
Relevant legal definitions
Agreement
Applicable Laws
Approved Drawings
Bill of Quantities
Completion Certificate
Completion Date
Contract Price
Contract Documents
Contractor
Day
Defects
Defects Liability Period
Drawings
Force Majeure Event
Materials
Owner
Payment Schedule
Project
Project Manager
Site
Scope of Work
Specifications
Substantial Completion
Variation
Works
Applicable Laws
Approved Drawings
Bill of Quantities
Completion Certificate
Completion Date
Contract Price
Contract Documents
Contractor
Day
Defects
Defects Liability Period
Drawings
Force Majeure Event
Materials
Owner
Payment Schedule
Project
Project Manager
Site
Scope of Work
Specifications
Substantial Completion
Variation
Works
Clauses
Interpretation
Scope of Work
Contract Price
Payment Terms
Timeline
Site Access
Materials and Workmanship
Quality Control
Contractor Obligations
Owner Obligations
Variations
Extensions of Time
Defects Liability
Insurance
Indemnification
Force Majeure
Suspension
Termination
Dispute Resolution
Notices
Assignment
Governing Law
Entire Agreement
Scope of Work
Contract Price
Payment Terms
Timeline
Site Access
Materials and Workmanship
Quality Control
Contractor Obligations
Owner Obligations
Variations
Extensions of Time
Defects Liability
Insurance
Indemnification
Force Majeure
Suspension
Termination
Dispute Resolution
Notices
Assignment
Governing Law
Entire Agreement
Relevant Industries
Residential Construction
Commercial Construction
Industrial Construction
Infrastructure Development
Real Estate Development
Renovation and Refurbishment
Interior Fit-out
Small-scale Construction
Property Development
Building Maintenance
Relevant Teams
Legal
Construction
Project Management
Procurement
Property Management
Real Estate
Facilities Management
Contract Administration
Risk Management
Operations
Relevant Roles
Construction Manager
Project Manager
Property Developer
Site Manager
Contract Administrator
Legal Counsel
Procurement Manager
Property Owner
General Contractor
Construction Supervisor
Real Estate Manager
Facilities Manager
Development Manager
Property Manager
Building Manager
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