Agreement Between Developer And Contractor

Agreement Between Developer And Contractor Template for India

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Key Requirements PROMPT example:

"I need an Agreement Between Developer and Contractor for a luxury residential complex project in Mumbai, with special emphasis on green building standards and RERA compliance, and including provisions for phased completion over 24 months starting March 2025."

Document background

The Agreement Between Developer And Contractor is a fundamental document in Indian construction and real estate development projects, essential for establishing a legally binding relationship between the project owner/developer and the executing contractor. This agreement is particularly relevant in the context of India's expanding construction sector and must comply with various regulations including the Real Estate (Regulation and Development) Act 2016, Indian Contract Act 1872, and state-specific building bylaws. The document is typically used when engaging a contractor for construction projects ranging from residential and commercial developments to infrastructure projects. It comprehensively covers project execution parameters, including scope definition, payment structures, quality requirements, timelines, and dispute resolution mechanisms, while ensuring compliance with local construction and labor laws.

Suggested Sections

1. Parties: Identifies and provides full details of the Developer and Contractor, including registration numbers, addresses, and authorized representatives

2. Background: Explains the context of the agreement, including project overview and parties' qualifications

3. Definitions: Defines key terms used throughout the agreement to ensure clarity and prevent misinterpretation

4. Scope of Work: Detailed description of the construction work to be performed by the Contractor

5. Contract Price and Payment Terms: Specifies the total contract value, payment schedule, retention money, and payment procedures

6. Timeline and Completion: Sets out project milestones, completion dates, and consequences of delays

7. Contractor's Obligations: Lists all responsibilities and duties of the Contractor, including quality standards and safety measures

8. Developer's Obligations: Outlines Developer's responsibilities including site access, approvals, and material provisions if applicable

9. Quality Control and Inspection: Details quality standards, inspection procedures, and acceptance criteria

10. Warranties and Defect Liability: Specifies warranty terms and contractor's obligations during defect liability period

11. Insurance and Indemnity: Lists required insurance coverage and indemnification obligations

12. Termination: Grounds and procedures for contract termination by either party

13. Dispute Resolution: Procedures for handling disputes, including arbitration provisions

14. Governing Law and Jurisdiction: Specifies applicable law and courts having jurisdiction

15. General Provisions: Standard contractual clauses including notices, amendments, and severability

Optional Sections

1. Force Majeure: Defines circumstances beyond parties' control and their consequences - include if project is in area prone to natural disasters or political instability

2. Intellectual Property Rights: Addresses ownership of designs and technical documents - include if project involves unique designs or proprietary technology

3. Environmental Compliance: Specific environmental obligations - include for projects with significant environmental impact

4. Labor Compliance: Detailed labor law compliance requirements - include for large projects with significant workforce

5. Material Supply: Terms for material procurement and supply - include if Developer is supplying materials

6. Subcontracting: Rules and procedures for subcontracting - include if subcontracting is permitted

7. Security Deposit: Terms of additional security deposits - include for high-value projects

8. Liquidated Damages: Specific compensation for defined breaches - include when damages can be reasonably estimated

9. Step-in Rights: Developer's right to take over work - include for critical projects with strict deadlines

Suggested Schedules

1. Schedule A - Scope of Work: Detailed technical specifications, drawings, and work breakdown structure

2. Schedule B - Bill of Quantities: Itemized list of work items with quantities and rates

3. Schedule C - Payment Schedule: Detailed payment terms, milestones, and payment procedures

4. Schedule D - Project Timeline: Detailed project schedule with milestones and completion dates

5. Schedule E - Quality Standards: Specific quality requirements, testing procedures, and acceptance criteria

6. Schedule F - Site Details: Site layout, access points, and specific site conditions

7. Schedule G - List of Approved Materials: Specifications and brands of approved construction materials

8. Schedule H - Safety Requirements: Detailed safety protocols and requirements

9. Appendix 1 - Required Insurance Coverage: Detailed insurance requirements and minimum coverage amounts

10. Appendix 2 - Forms and Certificates: Standard forms for various project procedures and certifications

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Real Estate Development

Construction

Infrastructure

Commercial Property

Residential Development

Industrial Development

Healthcare Facilities

Educational Institutions

Hospitality

Retail Development

Mixed-use Development

Smart Cities

Relevant Teams

Legal

Construction

Project Management

Operations

Finance

Procurement

Risk Management

Compliance

Technical Services

Business Development

Commercial

Relevant Roles

Project Director

Construction Manager

Legal Counsel

Contract Manager

Chief Executive Officer

Development Director

Project Manager

Site Engineer

Quantity Surveyor

Risk Manager

Procurement Manager

Finance Director

Technical Director

Operations Manager

Compliance Officer

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Authors

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