The Basic Building Contract serves as a fundamental legal instrument for construction projects in India, designed to establish clear contractual relationships between property owners and contractors. This document is typically used for straightforward construction projects where detailed works are defined and standard industry practices apply. It incorporates essential elements required under Indian law, including provisions from the Indian Contract Act, 1872, the Real Estate (Regulation and Development) Act, 2016, and relevant building codes. The contract covers crucial aspects such as scope definition, payment terms, completion timelines, quality standards, and dispute resolution mechanisms, while ensuring compliance with local regulations and industry standards. It is particularly suitable for projects where the design is complete at the time of contract execution and where the works can be clearly defined and measured.
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1. Parties: Identification and details of the Owner/Employer and the Contractor
2. Background: Context of the construction project and the basis for entering into the agreement
3. Definitions: Definitions of key terms used throughout the contract
4. Scope of Work: Detailed description of the construction work to be performed by the Contractor
5. Contract Sum: The agreed price for the works, including payment terms, stages, and mechanisms
6. Time for Completion: Project timeline, completion date, and provisions for extensions of time
7. Contractor's Obligations: General and specific obligations of the Contractor including quality, safety, and compliance requirements
8. Owner's Obligations: Responsibilities of the Owner including site access, approvals, and payments
9. Materials and Workmanship: Standards for materials and quality of work required
10. Variations: Procedures for handling changes to the scope of work
11. Payment Terms: Detailed payment procedures, stages, and conditions
12. Insurance and Indemnity: Required insurance coverage and indemnification provisions
13. Defects Liability: Contractor's responsibilities for rectifying defects during the liability period
14. Termination: Grounds and procedures for contract termination by either party
15. Dispute Resolution: Procedures for resolving disputes between parties
16. Force Majeure: Provisions for handling unforeseen circumstances and their impact
17. Notices: Requirements for formal communications between parties
18. Governing Law: Specification of Indian law as governing law and jurisdiction
1. Architect's Role: Define architect's authority and responsibilities when an architect is involved in the project
2. Subcontracting: Terms and conditions for subcontracting when permitted by the Owner
3. Performance Security: Requirements for performance bonds or guarantees for larger projects
4. Environmental Compliance: Specific environmental obligations for projects with significant environmental impact
5. Site Security: Special security requirements for high-security or sensitive locations
6. Liquidated Damages: Specific damages calculations for delay or non-performance
7. Quality Assurance Program: Detailed quality control requirements for complex projects
8. Project Management: Specific project management requirements for larger projects
9. Testing and Commissioning: Detailed testing requirements for projects with complex systems
10. Intellectual Property Rights: IP provisions for projects involving design elements or innovative solutions
1. Schedule 1 - Drawings and Specifications: Detailed technical drawings and specifications for the construction work
2. Schedule 2 - Bill of Quantities: Itemized list of quantities and rates for the work
3. Schedule 3 - Payment Schedule: Detailed breakdown of payment stages and amounts
4. Schedule 4 - Construction Timeline: Detailed project schedule with milestones and completion dates
5. Schedule 5 - Material Specifications: Detailed specifications for materials to be used
6. Schedule 6 - Quality Standards: Specific quality standards and testing requirements
7. Schedule 7 - Site Plan: Detailed plan showing the construction site and access points
8. Schedule 8 - Insurance Requirements: Specific insurance types and coverage amounts required
9. Schedule 9 - Forms and Certificates: Standard forms for variations, completion certificates, and other documents
10. Schedule 10 - Safety Requirements: Detailed safety protocols and requirements
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Construction
Infrastructure
Commercial Property
Residential Property
Industrial
Hospitality
Healthcare
Education
Retail
Relevant Teams
Legal
Operations
Construction
Commercial
Finance
Procurement
Risk & Compliance
Technical Services
Project Management
Property Development
Quality Assurance
Health & Safety
Relevant Roles
Construction Manager
Project Director
Legal Counsel
Contract Manager
Property Developer
Site Engineer
Quantity Surveyor
Procurement Manager
Risk Manager
Compliance Officer
Finance Director
Operations Manager
Technical Director
Building Inspector
Facilities Manager
Project Coordinator
Commercial Manager
Chief Executive Officer
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