CONSTRUCTION AGREEMENT

THIS AGREEMENT is made on this the.......................day of…………………….

BETWEEN

K & B CONSTRUCTION (PAN NO. ), a Partnership firm, having business office at

KMC Premises No. 29/A/1, Raja S.C.Mallick Road, P.O. Jadavpur, P.S. Jadavpur, Kolkata –

700032, represented by its partners namely (1) SRI KRISHNA PAL, son of Late Jogesh
Chandra Pal (2) SRI BABLU DEBNATH, son of Sri Ananta Debnath, both are residing at 10G,

Bade Raipur Road, P.O. Jadavpur, P.S. Jadavpur, Kolkata – 700032, both are by faith – Hindu,

by occupation – Business, by Nationality – Indian,

hereinafter called and referred to as “EMPLOYER” (which expression shall include his

successors-in-Interest and/or assigns) of the FIRST PART AND duly represented

by the PAN NO…………………………), son of , an adult Indian citizen, by

faith – Hindu, by occupation – Business, presently residing at &

SUBRATA ROY (PAN NO.AUIPAR9162J), son of Gopal Roy, an adult Indian citizen, by faith-
Hindu, by occupation-Business and presently residing at B/18, Bapuji Nagar Colony, Block -

B, Jadavpur, Kolkata-700092, hereinafter called and referred to as “CONTRACTOR”

(which expression shall include his successors-in-interest and/or assigns) of the SECOND
PART.
 :: 2 ::

WHEREAS the Employer herein intends to construct G+3 storied building, hereinafter

called “Building”, at the Municipal Premises No.80/3B, Bade Raipur Road, P.S. Jadavpur,

Kolkata – 700032, hereinafter called “Premises” and for that purpose the Employer is in

search of a contractor who on behalf of the Employer shall construct up to a certain stage of
the said new Building as per the plans duly sanctioned by the the KMC being Building Permit
No. , Dated , and under the terms and conditions mentioned here under
and in response of the

same (PAN NO…………………………) son of , an adult Indian citizen, by faith

– Hindu, by occupation – Business, presently residing at

& SUBRATA ROY (PAN NO……………………….), son of Gopal Roy, an adult Indian citizen, by

faith – Hindu, by occupation – Business and presently residisng at B/18, Bapuji Nagar

Colony, Block-B, Jadavpur, Kolkata – 700092, the Contractor herein, came forward with to

undertake the work of construction of upto that stage of construction of the said new
Building as mentioned herein as per the terms and conditions of this Agreement and as per
the specifications of the said building plan duly sanctioned by the KMC.

AND WHEREAS after a protracted discussions between the parties herein, the Employer do
hereby appoint the Contractor to undertake the work of construction up to certain stage of
construction of the said new Building, having estimated area of 980 (nine hundred eighty)
square feet per floor, as per the
terms and conditions of the this Agreement. The Contractor has agreed to undertake the
work of construction up to certain stage of construction of the said new Building under the

terms and conditions, more fully described in “PART-I, “PART-II”, “PART-III”, AND

“PART-IV” of the “SCHEDULE” hereto;

 :: 3 ::

SCHEDULE

PART – I

GENERAL CONDITIONS OF CONTRACT

1. Title and scope of work :
Construction upto that level, as mentioned herein, of the proposed three storied
building, to be constructed at the said Premises i.e. Municipal Premises No. 80/3B,

Bade Raipur Road, P.S. Jadavpur, Kolkata – 700032. The Job of that construction shall

only include the excavation, foundation work, construction of RCC structure, Brick
work, inside plastering and outside plastering, construction of

building and building’s overhead reservoir, Sun shed, Lintel & Chajjah, Stair

Room,lift well & LMR

of the said building to be constructed at the said Premises and nothing else.

2. Definitions and Interpretations :

In the context (as hereinafter defined) the following works and expressions shall
have the following meanings as hereby assigned to except where the context
requires otherwise.

(a) “APPROVED” means approved in writing including subsequent written

confirmation of verbal approval and “APPROVAL” means approved in

writing.

(b) “AT OWN COST” or “AT OWN EXPENSES” mean the cost of supply of all

materials and execution including materials, scaffolding, props and stouts, tools,
tackles, plants and labours of all descriptions for te execution and completion of
the construction work as agreed by this Agreement.

(c) “CONTRACT” means the General Conditions, specifications, schedule of

works, drawings, letter of acceptance or offer letter and any other documents
pertaining to the execution of the construction of the super structure of the said
Building only.
 :: 4 ::

(d) “CONTRACTOR” mean represented by (PAN

NO…………………………..), son of , an adult Indian citizen, by faith –
Hindu, by occupation – Business, presently residing at at &
SUBRATA ROY (PAN NO…………………………), son of Gopal Roy, an adult
Indian citizen, by faith – Hindu, by occupation – Business and presently residing
at B/18, Bapuji Nagr Colony, Block – B, Jadavpur, Kolkata – 700092, whose
proposal and quotation has been accepted by the Employer and which includes
Contractor’s deputed representatives and/or successors-in-interest and assigns.

(e) “CONTRACT PRICES” means the price offered by the Contractor for the
completion of the works envisaged by the Employer upon the Contractor under
this Agreement and duly accepted by the Employer which will be ascertained by
actual measurement by the parties herein after due notice of completion to be
served by the Contractor upon the Employer and base price of ascertainment of
contract price will be as per the following rates:

(f) “CORPORATION” means the Kolkata Municipal Corporation and also includes
other concerned statutory authorities, which have recommended, commented
upon, approved and/or sanctioned the plans.

(g) “DRAWING” means the drawings referred to in the specification (sanctioned

building plans of the New Building) and modifications of such drawings
approved in writing and furnished to the Contractor from time to time by the
Employer.

:: 5 ::
 (h) “EMPLOYER” means K & B CONSTRUCTION ( PAN NO. ), a
Partnership firm, having business office at KMC Premises No. 29/A/1, Raja S. C.
Mallick Road, P.O. Jadavpur, P.S. Jadavpur, Kolkata – 700032 and represented by
its partners namely (1) SRI KRISHNA PAL, son of Late Jogesh Chandra Pal, (2)
SRI BABLU DEBNATH, son of Sri Ananta Debnath, both are esiding at 10G, Bade
Raipur Road, P.O. Jadavpur, P.S. Jadavpur, Kolkata – 700032, both are by faith –
Hindu, by occupation – Business, by Nationality – Indian, which includes
Employer’s deputed representatives and/or successors-in-interest and assigns.

(i) “BUILDING” means the three G+3 storied building to be constructed at the
Municipal Premises No. 80/3B, Bade Raipur Road, P.S. Jadavpur, Kolkata –
700032, by the Employer in accordance with the said Plan duly sanctioned by
the KMC.

(j) “PREMISES” means the Municipal Premises No. 80/3B, Bade Raipur Road, P.S.
Jadavpur, Kolkata – 700 032.

(k) “PLAN” means the plans of the new building, duly sanctioned by the KMC for the
construction of the proposed new building Permit No. 2015100172, Dated
18.01.2016.
(k) Formatted: Justified, Space After: 0 pt, Line spacing: 1.5
lines, Outline numbered + Level: 1 + Numbering Style: a, b,
(l) “SCHEDULE OF WORKS” shall mean the nature of works to be executed by the c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" +
Indent at: 0.75"
Contractor.

(m) “WORK” means the work of construction of the super structure of the building
to be executed in accordance with the Contract.

NOTE : i) SINGULAR shall mean PLURAL and vice-versa.

ii) MASCULINE shall mean NEUTER, FEMININE and
Vice-verse.

:: 6 ::

3. Deviation :
 The Contractor, when directed by the Employer or his duly appointed
representatives in writing, only shall add to, omit from and or vary any work as
shown in the drawing or described in the specification or included in the Schedule of
works.

4. Contractor to Provide :
The Contractor shall provide all materials and labour of any description, all tools,
tackles, plant, scaffolds, staging, stouts, props, supervision necessary, for the proper
carrying on, execution and completion of work, Binding Wire, Nail, Plastic. The
shuttering in contact with any concrete surface should be polished waterproof
plywood.

5. Temporary office, storage & labour sheds :

The Contractor shall make his own arrangements for his temporary office, safe and
secure storage of tools, plants, all building materials and consumables, scaffolds and
equipments at the site and remove them off from the site on completion f the job.
The Contractor shall also make his own arrangements for labour huts at the said
Premises and dismantle the same after completion of the work.

6. Power :
The Employer shall make necessary arrangements for power to run the machines
and for temporary lightings at the said Premises for the construction purpose and
for the same any necessary deposits and or any other expenditure for obtaining such
connection shall be borne by the Employer only.

7. Water supply :
The Employer shall be responsible for the supply of sufficient quantity of and regular
and continuous supply of water at the project site for the purpose of construction
and all necessary deposits and/or fees for such supply of water shall be paid or
borne by the Employer only.

:: 7 ::

8. Supervisor :
 The Contractor shall keep Supervisor or Supervisors for carrying on the job in
accordance with the drawing, specification, and schedule of works, general terms
and conditions.

9. Time of completion :
Subject to force majeure and reasons beyond the control of the Contractor,
within months from the date hereof or the actual date of delivery of
possession of the said premises by the Employer to the Contractor, whichever is
later, shall complete their job and hand over the said construction of the super
structure of the said Building to the Employer, Provided all the claims of the
Contractor relating to the said construction is been settled and met up by the
Employer, as settled and agreed herein by the Parties herein.

10. Extension :
The Employer at the request of the Contractor shall extend the time of completion of
the work, if the completion of the work is delayed due to force majeure or any other
events, reasons or problem beyond the control of the Contractor, for such period as
reasonably and mutually agreed by the Employer and the Contractor.

11. Measurements :
All measurement works relating to the construction and or payment for the
construction shall jointly be taken by the Contractor and the Employer and/or their
appointed and/or nominated person(s) and/or representative(s).

12. Prices :
Prices quoted by the Contractor as per the Schedule of work and duly accepted by
the Employer shall be considered for payment. The prices

:: 8 ::

thus quoted and duly accepted shall include supply of all materials, labours, tools,
tackles, plants, equipments, carriage of materials, lifting of materials, supervisions,
incidentals, Any item arising out during execution but not covered by the Schedule of
Works shall be mutually finalized on the basis of current price of the materials,
labours and allied bearings.
13. Payments :
The Contractor shall be eligible for payments on the basis of running bill submitted
by him, according to the phases of works as given in the payment schedule, within (
) days from his submitting such bills.

SECTION – II
MATERIALS AND WORKMANSHIP

1. Excavation :
Excavations are to be done exactly in accordance with the Drawings and under the
supervision of the Engineer of the project.

2. Filling :
All required fillings, if any, shall be done with good earth or sand with sufficient
watering.

3. Cement :
Cement shall be Portland cement of Lafarge, Ultratech.

4. Sand :
Sand shall be of approved quality. For concrete work sand of fineness modules and
for plaster work and in mortar for brick work medium sand shall be used.

: 9 ::

5. Aggregates :
The aggregate for cement work unless otherwise mentioned, shall be stone chips.
6. Bricks :
Bricks shall be of 1st class brick and picket as be available in the market during the
construction work and shall be soaked in water prior to use.

7. Water :
Water shall be such water as be available from the source of water to be provided by
the Employer at the project site.

8. Brick work :
Brick work shall be done with all necessary setbacks, projections, cuttings etc. in
strict conformity with drawings.

9. Cement concrete :
Cement concrete (plain and reinforced) shall be dry mixed in 1:1½:31:2 M-20
proportion. Just Sufficient water shall be added to the dry mix, in a rotary mixer,
properly mixed.
Concrete must be carefully consolidated to allow no voids or air-bubbles to be left,
care must be taken to avoid displacement of any reinforcements during
consolidation.
With the concrete is setting it must be disturbed in any way.
Formatted: Indent: Left: 0.5"

10. Shuttering, Formwork and Shoring :

(a) All formworks and shuttering shall be wetted properly before the pour.
(b) All formworks shall be cleaned and all shaving or other darts removed before
pouring concrete.

:: 10 ::

11. Reinforcements :
 The reinforcements are to be of TMT steel bars of ELEGANT make. All reinforcement
are to be of the diameter shown on the drawings. These are to be laid as shown on
drawings or as may be directed by the Engineer during execution. The
reinforcements are to be carefully placed in position before the concrete. Great care
must be taken in placing and ramming the concrete so that the reinforcement is not
displaced. Unless otherwise shown on the drawings, all joints in reinforcing rods to
be lapped as per I. S. codes of practice. All bars should be bent accurately to the sizes
and shape as shown in details. The Concrete cover shall be as per the detailed
drawings.

12. Cement Mortar :

The cement mortar for brick work shall be as per schedule, thoroughly mixed up dry
and taken to the works where water shall be added as required.

PART – III
SCHEDULE OR WORKS

1. EARTH WORK :
a) Earth work in all kinds of soil.
b) Back fill by excavated earth.

2. R.C.C. WORK :
a) Reinforced cement concrete in proportion of grade in
column footings, tie beams, beams, slabs, lintel, chajja, lofts etc.

b) Reinforced cement concrete in proportion of i.e. in

column ( ).

:: 11 ::

3. BRICK WORK :
a) Brick flat soling in foundation pits, ground floor, plinth etc. should be done as
per the specification.
b) External wall – thick in prop .
 c) Internal wall of the flats – thick in proportion of (with H.B. netting)
d) Common wall – thick in proportion of (with H. B. netting)

4. PLASERING :
a) Outside plaster in Prop. ( )
b) Inside plasters in Prop. in wall ( ) and in ceiling (
)

5. EXTRA WORK :
If any of this work is to be done by the Contractor then the price/remuneration for
such job shall be mutually settled by the Parties herein as per then prevailing local
market price.

6. CLEARING :
All garbage and waste materials including salvage to be cleared away from the site
after completion of the work.

NOTE : THIS IS A TURN-KEY JOB SO ALL THE WORKS REQUIRED FOR

COMPLETION OF THE WORK ARE INCLUDED IN THIS CONTRACT AND THEY
ARE EXHAUSTIVE.

:: 12 ::

PART – IV

SCHEDULE OF PAYMENT
The estimated/projected total price for the completion of the construction of the super
structure of the said building is settled for an area of sq.ft. only but the actual price will
be settled by actual measurement of the constructed area to be constructed by the
Contractor at the said building and the said amount shall be calculated at the rate of Rs. /-
(Rupees Eight hundred Forty) only per square feet.

MODE OF PAYMENT

IST INSTALLMENT :
After completion of Foundation of the building Rs.
2ND INSTALLMENT :
After completion of 1st floor casting Rs.
3RD INSTALLMENT :
After completion of 2nd floor casting Rs.
4th INSTALLMENT :
After completion of 3rd floor casting Rs.
5th INSTALLMENT :
After completion of inside plaster of 1st and 2nd floor Rs.
6th INSTALLMENT :
After completion of inside plaster of 3rd Rs.
7th INSTALLMENT :
After completion of outside plaster any two sides of
The building Rs.
8th INSTALLMENT :
After completion of outside plaster other two sides
of the building Rs.

:: 13 ::

9th INSTALLMENT :
After completion of site Development & O.H.
Reservoir Rs.
10th INSTALLMENT :
After completion of ground floor flat at the
Building Rs.
11th INSTALLMENT :
After completion of Job assigned herein duly
Inspection within 1 month Rs.

SPECIAL NOTE :
1. The aforesaid measurement will be done, without any delay or default, by the parties
herein within seven days from the date of notice of completion of job to be served by
the Contractor upon the Employer herein and any other payments of specific reason
to be made by the Employer to the Contractor must be within 7 days from the date of
raising bill for the same.

2. The Contractor has to do the work maintaining good quality & strictly according to
the specification and the drawings supplied by the Employer. Any deviation/s from
the drawing and the specification will not be entitled by the Employer unless stated
in writing from the Employer. In case of deviation/s or poor quality work is done at
site the Contractor will repair/rebuild the same at his/their risk and cost. If such
poor quality work or deviation/s is not repaired/rebuild by the Contractor, the
Employer may get it done by his/their men and such cost will be deducted from the
Contractor. In this regards any objections from The Contractor will not be entitled.