Work Order

Date: 20.06.2023
Ref. No.: JUNE/2023

To
Name of Contractor: TECHNOMERATES PRIVATE LIMITED
Address: a registered firm having its registered office at: V No -5, Sai Baba
Nagar, 3rd Cross Street, Chengalpattu, Tamil Nadu -603103.

GSTIN No : 33AAJCT2023L1ZF

Subject: Work Order for Civil Work and Construction Services at SUBHA
ECOSTONE VILLAS for Villa 10 & 28
We are pleased to place order for captioned Services offered by you. The terms
and conditions of your engagement are contained hereinafter:

WHEREAS,
1. The SUBHA is engaged in the business of Construction of Villa .
2. The Contractor is engaged in the business of undertaking Plumbing
services contracts, and represents that it has sufficient expertise,
manpower and resources to perform Construction Services work as per
the Scope of Services mentioned in this Work Order.
3. And based on the representations by the Contractor, the SUBHA has
agreed to award contract for Construction Services Work to Contractor
as per the terms and conditions mentioned herein after.

1. SCOPE OF WORK ORDER:

1.1. Contractor will provide Services in accordance with this Work Order and this
Work Order shall apply to all acquisition of Services by SUBHA. Any terms and
conditions on or in any invoice, delivery docket or other documentation of
Contractor will not have any effect or will not form any part of any contract
between SUBHA and Contractor for supply of Services herein. SUBHA is under
no obligation to buy any minimum quantities of Services from Contractor and
arrangement with Contractor herein is on non-exclusive basis. The Contractor shall
supply the Services as per the Scope of Work.

1.2. This Work Order is on a principal-to-principal basis and does not create any
employee- employer relationship between the Parties. The Contractor, its
employees, agents and representatives shall provide Services as independent
contractor and nothing contained herein shall be deemed to create any partnership,
joint venture between the Parties or a merger of their assets or their fiscal or other
liabilities or undertakings or create any employment or relationship of principal and
agent between Subha and Contractor and/or its representatives, employees and
agents.

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1.3. For rendering an effective and efficient service, the workers/employees as engaged
through the Contractor will work under the supervision and control of the
Contractor who will be responsible to assign work to its workers/employees,
supervise their working, sanctioning of leave, payment of salary and for all
disciplinary purposes and under no circumstances Subha will exercise any control
or supervision.

1.4. Contractor shall provide the Services within stipulated timelines and in case
Contractor becomes aware of likelihood of any delay in provision of Services
beyond the stipulated timelines, then Contractor must inform SUBHA and
SUBHA may at its sole discretion either (a) agree to extend the timelines or (b)
seek alternative Contractors for provision of Services at the risk and costs of the
Contractor and also to terminate this Work Order and/or any relevant Purchase
Order without any liability to Contractor for termination. If Contractor fails to
provide the Services by the stipulated timelines without notification to SUBHA,
SUBHA may terminate this Work Order and/or any relevant Work Order either in
part or in full by written notice to Contractor.

1.5. All Services should conform to agreed specifications. All Services will be subject to
inspection and acceptance at SUBHA’s such site as may be specified or instructed
by SUBHA and SUBHA’s decision in the matter of acceptance shall be final.

1.6. Services shall be accepted only after final quality and quantity check procedures
and inspection carried out by SUBHA, unless SUBHA has waived its right to such
inspection in writing.

1.7. SUBHA shall pay any invoice provided in accordance with this Work Order within
time stipulated from the end of the month during which the invoice is received
provided that (a) the invoice is complete in all respects with relevant details, (b) the
Services are in accordance with this Work Order; and (c) the Services have been
accepted by SUBHA as complying with the terms of this Work Order and any
agreed acceptance criteria.

2. SERVICE QUALITY AND ACCEPTANCE

2.1. Where any of the Services performed do not conform to this Work Order
requirements, SUBHA may require Contractor to perform the Services again to
rectify the non-conforming Services, at Contractor’s sole cost and expense, in
order to bring them into full conformity with this Work Order requirements. In
case where in the opinion of SUBHA the defects in Services cannot be corrected
by re-performance, SUBHA may: (a) require Contractor to take necessary action to
ensure that future performance conforms to the requirements at Contractor’s own
cost and expense, and/or (b) may accept such non-confirming Services subject to
reducing any price payable to reflect the reduced value of the Services performed.

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2.2. Where Contractor fails to promptly take necessary action as demanded by SUBHA
under clause 3.1. SUBHA may (a) get the services performed by another
Contractor and reduce any price payable by an amount that is equitable under the
circumstances and charge the difference in re- procurement costs back to
Contractor and/or (b) terminate the Work Order for default without any liability.

3. CONTRACTOR STAFF & SUBCONTRACTORS

3.1. Contractor may not subcontract any of its functions or obligations under this
Work Order without the prior written consent of SUBHA. Contractor must ensure
that any subcontractor or agent it engages in connection with this Work Order or
the supply of Services complies with all the terms and conditions of this Work
Order as if it were Contractor. Where Contractor subcontracts for delivery or
supply of any of the Services or any part of the Services, then (a) Contractor
remains fully responsible for the supply of the Services and must continue to
comply with all of its obligations under this Work Order; and (b) all acts and
omissions of any sub-contractor will be deemed acts or omissions of Contractor.

3.2. In case Contractor fails to pay its employees/ staff in time or delays their payments
or make partial payments to its employees / staff, then SUBHA reserves the right
to withhold any payment due to the Contractor till such time the Contractor makes
full payments to its employees / staff or in the alternative make payments to
employees / staff of Contractor directly and adjust such payments from anything
due and payable to the Contractor.

4. COMPLETION PERIOD OF SERVICES AND LIQUIDATED

DAMAGES

4.1. Time is of essence to this Agreement. The delivery schedule must strictly be
followed. If the Services are not delivered within 20 days from the date of
completion of Civil Work the stipulated time then without prejudice to any other
rights and legal remedies of the SUBHA, the SUBHA shall recover the amount of
Liquidated Damages, but not by way of penalty, by making deductions from the
Contractor’s account or by encashment of Contractor’s Bank Guarantees or by any
other means as may be allowed under the contract and/or law. Partial change in
delivery schedules, preponing and bunching of supplies are not allowed, unless
requested and authorized in writing by SUBHA.

4.2. If the Contractor fails to supply any or all of the Services or a part thereof within
the Delivery Period as stipulated in the Agreement then SUBHA without prejudice
to their other remedies under the Agreement shall levy/deduct from the total
Price, as Liquidated Damages (‘LD’), but not by way of penalty, a sum equivalent
to 2% (Two percent) of the total contract price for each week of delay or a part
thereof up to a maximum deduction of 10% (Ten percent) of the total Price. Once
the Maximum LD is reached, the SUBHA may consider termination of the
Agreement, and proceed for other remedies available or may accept the Services
with enhanced LD at the sole discretion of SUBHA. The SUBHA may also

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 recover LDs against any payments that may be due and payable to the Contractor,
or by encasing (invoking) an equivalent sum from the Performance Bank
Guarantee, if any.

5. INSURANCE

The Contractor shall at its sole expense, procure and maintain in effect at all times
all insurances as required by applicable law, or as specifically required to be
purchased or maintained by it under the contract, or otherwise required to fully
secure itself from any and all risks, obligations and liabilities of the Contractor
under or incidental to the Contract; such as the worker's compensation insurance,
employees’ liability insurance, vehicle insurance, medical insurances for its
employees, general liability insurance coverage, including product liability coverage,
in each case on an occurrence basis and in reasonable amounts. Notwithstanding
any other provisions of the Work Order to the contrary, the Contractor
acknowledges and agrees that the indemnity obligations and the insurance
obligations set forth in the Work Order are separate and distinct obligations and
duties under the Work Order and that neither the indemnity provisions of the
Work Order shall limit, restrict or alter the insurance obligations of the Contractor,
including even if one or more of the indemnity provisions are held by a court of
competent jurisdiction to be unenforceable for any reason nor Contractor’s
compliance with the foregoing insurance requirements, including the insurance
coverage limits in any way limit the Contractor’s liabilities or obligations under law
or the Work Order.

6. WARRANTIES & INDEMNITIES

6.1. Contractor warrants that:

(a) it will provide the Services promptly in accordance with terms of this Work
Order by stipulated timelines;
(b) the Services will be fit for any particular purpose which SUBHA has made
known to the Contractor;
(c) all Services will be rendered with due care and skill and in a professional
manner;
(d) it will re-perform, replace, repair, rectify free of charge to SUBHA, the
Services or any part of the Services found by SUBHA to be defective or
non-conforming or otherwise to be in breach of any of the warranties set out
above, and notified to Contractor.
(e) it will support the Services with effective, efficient and high quality after-sale
service.
(f) it has all necessary permits and is authorized to do business in all
jurisdictions where Services are to be performed.
(g) it will comply with all applicable laws, rules and regulations in performing the
Services.
(h) it has all rights to enter into this Work Order and there are no impediments
to Contractor’s execution of this Work Order or Contractor’s performance
of Services hereunder.

6.2. Contractor further warrants that the warranties set out in this Agreement are in
addition to all other rights and remedies in respect of the Services supplied by
Contractor which SUBHA has under any applicable legislation.

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6.3. Contractor indemnifies and holds SUBHA harmless from and against all liabilities,
losses, damages, costs (including legal costs on an indemnity basis) and expenses
incurred or suffered by SUBHA and from and against all actions, proceedings,
claims or demands made against SUBHA, arising in either case as a result of: (a) a
breach by Contractor of any of the warranties (b) a breach by Contractor of any
other term of this Agreement; (c) any defect in the Services (or any part of them)
supplied by Contractor; (d) Contractor's failure to comply with any laws, rules,
standards or regulations applicable in relation to the Services; or (e) any negligence,
willful misconduct or any breach of duty by Contractor.

7. TERMINATION OR DELAY FOR CONVENIENCE

Contractor reserves the right to terminate this Agreement (either fully or partially),
with immediate effect, for its sole convenience by giving written notice to
Contractor. In the event of such termination Contractor shall immediately stop all
work to be supplied as per this Agreement. Contractor shall be paid for Services
delivered and accepted by SUBHA prior to the date of termination. SUBHA shall
have the right to reduce the quantity or scope of Services to be purchased pursuant
to any Purchase Order or to delay delivery or acceptance of such items without
cause and at its sole discretion, without liability for any costs.

8. TERMINATION FOR CAUSE

8.1. Contractor may terminate this Agreement (either fully or partially) with immediate
effect, for cause in the event: (i) of any Contractor default, including but not
limited to late deliveries, deliveries of Services that are defective or that do not
conform to the terms of this Agreement, failure to provide SUBHA reasonable
assurances of future performance, failure to comply with any term or condition of
the Agreement and/or the Purchase Order; or (ii) of any insolvency-related or
similar event; or (iii) any non-compliances with any applicable laws, rules and
regulations. In the event of termination for cause, SUBHA shall not be liable to
Contractor for any amount, except for that part of the consideration / price that
applies to the supply of finished Services which have, at the date of termination,
already been delivered and are accepted. Termination for cause shall be without
prejudice to any claim or right of action that SUBHA may have by virtue of the
default which gave rise to the termination.

8.2. Upon termination or expiration of this Agreement, whichever occurs first,

Contractor shall promptly return to SUBHA all materials and or tools provided by
SUBHA under this Agreement and all Confidential Information provided by
SUBHA to Contractor.

8.3. Upon demand by SUBHA or termination or expiration of this Agreement, the

Contractor shall remove its equipment, men and material from SUBHA’s Site
within 2 days of the Notice.

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8.4. Any provision of this Agreement that, by its language or context implies its
survival, shall survive any termination or expiration of this Agreement.

8.5. SUBHA will have the right to terminate this agreement and appoint the new
contractor for the services in case if the contractor does not fulfill all the terms and
conditions of SUBHA and does not comply with specification related to work and
time schedule as per Site Engineer or SUBHA.

8.6. Subha at its discretion in case the contractor fails to provide the services according
to the agreed terms of contract then Subha at its discretion power can penalize the
Contractor by deducting certain amount from the contractor bill itself

9. FORCE MAJEURE

Neither Party shall be liable for any delay or default in the performance of its
obligations under this Work Order caused by circumstances beyond its reasonable
control, including but not restricted to acts of God, perils of navigation, fire,
hostilities, war (declared or undeclared), hijack, blockade, labour disturbance or
strikes (other than by the employees of the party affected), riots, armed robbery,
insurrections, civil commotion, earthquakes, accidents, pandemic, epidemic,
quarantine restrictions, and in any of the events mentioned above, the Parties shall,
for the duration of such event, be relieved of any such obligation under this Work
Order as is affected by the said event provided that that Party shall use its best
efforts to cure such event (if curable) and to comply with each of its obligations
hereunder and as soon as any such event ceases to affect the performance of each
of its obligations hereunder that Party shall use its best efforts to resume
compliance with such obligations. In case where a force majeure event continues
for more than 15 continuous days SUBHA shall have the right to terminate this
Work Order without liability by giving written notice to Contractor.

10. DISPUTE RESOLUTION & ARBITRATION

10.1. If any dispute and/or difference shall at any time arise between SUBHA and the
Contractor in relation to any clause(s) or matters herein contained or the
irrespective rights/claims or liabilities hereunder or otherwise in relation to or
arising out of the Work Order, such disputes and/ or differences shall be settled
mutually through discussions between the representatives of the parties in the first
instance, the parties shall exert their best effort to find an amicable settlement
within 30 days from the date receipt of notice.

10.2. Failing Work Order to the above, either party may forthwith give to the other
notice in writing of the existence of such question, dispute or differences, and the
same shall be referred to and finally settled by arbitration in accordance with the
Indian Arbitration and Conciliation Act,1996 and Arbitration Rules (the “Rules”)
as at present in force and as modified from time to time which Rules shall be
deemed incorporated into this clause. Such Arbitration proceeding shall be
conducted by a sole Arbitrator mutually agreed and appointed by both the parties.
Place of Arbitration shall be Bangalore and Arbitration proceedings shall be in

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 English language. The cost of arbitration shall be borne by the losing party.

10.3. Notwithstanding the pendency of resolution of any dispute or commencement and

continuation of arbitration proceedings with respect to any claim, the Contractor
shall continue to perform its obligations without interruption, and the Contractor
shall not delay, suspend or stop the performance of its obligations under the Work
Order.

10.4. This Work Order shall be construed and take effect in accordance with Laws of
India is governed by the laws of India and Parties shall submit to the exclusive
jurisdiction of the Courts at Bengaluru in all matters hereunder.

Scope of Service :-

1. Total number of Villas present in Phase 01 are 87 Villas.

2. Total Number of Villas for which the Contractor will be providing the Services are 3
Villas they are Villa No. 10 and 28
3. Villa construction to be done by contractor only (this work is included in the total
price payable)
4. All the work related to Earthwork excavation and backfilling will be under the scope
of Contractor .
5. 20mm jelly for all PCC work
6. All labour shed materials shall be responsibility of Contractor.
7. Surveying work will be under the scope of Contractor.
8. All concrete works (including PCC, RCC for Footings, plinth beams, columns,
Beams, Slabs, staircase and screed concrete (wherever required)) will be under
contractor scope only.
9. Concrete work should be done manual/ RMC manner only, Contractor will be
responsible for concrete gang charges.
10. Vibrator and Petrol shall be provided by contractor.
11. Compound wall (Including PCC, SSM, DPC and block work including finishing) will
be under contractor scope only.
12. All internal and external Block work & plastering shall be under contractor scope
only and maintained at 90 degree and diagonal bull mark and surface level has to
maintain perfectly, plastering will be with P Sand. (Should use chemical for plastering
and that will be provided by Subha).
13. All internal and external plastering work should be started after Subha’s engineer’s
permission & signature in the checklist.
14. All plastering & block work wastage debris will be sieve by using machine and be
stored in the safe place for tiles laying purpose.
15. After sieve wastage materials will be loaded to tractor by Contractor.
16. Inside and Outside Plastering should be one coat or two coats as per Subha
instructions, Contractor must do it as instructed.
17. After de shuttering, cleaning of floor to be done by Contractor.
18. All cleaning works inside and around building wastage removing to be done by
contractor. (Also after completion of block work, Electrical cutting work, Plumbing
cutting work and plastering work). In case of any delay in cleaning by Contractor,

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 Subha will get it done at on its own and such charges shall be deducted with
Contractor’s payment.
19. Door frame and window grill fixing will be done by Contractor, if they are provided
as readymade ones, respective amount of payment will be deducted by the developer.
20. Concrete, block work joints and electrical pipe chippings should be covered with
mesh fixing and shall be done 2 days before plastering. (Mesh will be provided by
Subha).
21. Inside ducts and entire outside where ever scaffolding required, all comes under
Contractor scope. Contractor should remove scaffolding after completing plumbing
work.
22. All safety materials & construction materials like safety belts , gloves, helmet, shoes,
and Mumties, Drums, Sponges, Bandlies, Goa Thadu, brick lifting machines, miller,
Jadus, smooth brooms, gum boots, gloves, plastering frames(thadakalu) buckets,
vibrator, vibrator pins, hammer etc. will be provided by Contractor.
23. Hacking and grinding will be done by Contractor for whole project.
24. In Whole project if any excess concrete work done by mistake, Contractor has to
chip that excess concrete with its machine and Subha will calculate the chipped
concrete (material) cost and deduct the same from Contractor’s payment.
25. The Rainwater Harvesting pits will be done by the Contractors only for the Villas if
necessary.
26. Villa compound wall work shall be done by Contractor.
27. Blocks need to be cut with saw machine only, should not cut manually. (If someone
cuts manually, whatever damage comes, Subha will calculate the damage and that
cost will be deducted from Contractor’s payment).
28. All lintels and sun shades will be concreted and fixed by Contractor (including
shuttering and barbending).
29. Staircase markings and concreting to be done by contractor.
30. Electrical metal boxes to be fixed at proper levels, if any level difference comes after
Engineer’s inspection/checking, Contractor should rectify and do re work and
whatever material loss occurs towards for rework, Subha will calculate such material
cost and deduct from Contractor’s payment.
31. All works in terrace will be done by Contractor. (Plumbing line beds, tank beds,
staircase rooms, lift head rooms, elevation work any watchman rooms, full parapet
wall and any other constructions).
32. If any modification works come in whole project, Contractor shall undertake and
complete the same at no extra cost to Subha.
33. All footings, columns, beam, & slab cover block should be done at Site by
Contractor.
34. Curing is the responsibility of the Contractor.
35. In case any material wastage done by Contractor while doing block work/plastering
work (like excess mortar, cement bags, sand), Subha’s Site Engineer shall calculate
such wastage of material and such wastage cost shall be deducted from Contractor’s
payment .
36. The work related to drain work, rain water harvesting pits work, screed concrete
works are in Contractor scope.

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37. All manholes for drain and sanitary work shall be done by Contractor.
38. All the Material shifting like blocks, cement bags, sand, door frames, grills till terrace
floor is in Contractor’s scope.
39. Safety of its labour / workers / employees etc is Contractor’s responsibility.
40. Subha shall not be responsible for damages to property of Subha or any third Party
or any accidents or loss of life of Contractor’s labour / workers / employees etc at
Site. Subha shall not be responsible for any damage of any description (accidental or
otherwise) to any person / property at Site due to any employee /worker/labour of
Contractor being in alcoholic / inebriated condition.
41. All the time, 1 Engineer should be at site from Contractor’s side, and Contractor
shall maintain an attendance register for that. Whenever he is not present at the Site,
Subha will deduct proportionate amounts from Contractor’s payment.
42. Contractor undertakes to complete the construction as per Subha’s work schedule
43. All the measurements calculations shall be based on architectural drawings provided
by Subha.
44. Contractor shall ensure children are strictly not allowed at construction site, and
Contractor shall be solely responsible for any breach of this provision whether the
Contractor is negligent or not.
45. PF and ESI for any employee / worker / labors engaged by Contractor shall be
responsibility of Contractor. Contractor shall submit documentary evidence to Subha
upon demand.
46. Water facility will be provided by Subha.
47. Subha shall prepare checklist for all works to be undertaken / executed by
Contractor and Contractor shall execute work as per such Checklist prepared by
Subha. In case any clarification is required, the Contractor shall seek such
clarification from Subha’s Engineer and shall act upon instructions of Subha’s
Engineer.

SCOPE OF CENTERING WORK:

1. For centering work Contractor should use jacks and good new sheets only.
2. Contractor should prepare the entire column boxes with new material (plywood)
only. Any old column boxes should not be used at the Site Premises.
3. Contractor should prepare entire bottom for Beams with new ply-wood material
only.
4. All such Ply-wood materials bills should be in the name of Contractor. Invoices in
any other name shall not be considered for payment.
5. For each slab 15 days of time period will be given to complete the column
concreting work as per which contractor has to provide column boxes.
6. Whole project ( Beams, slab sides, columns, plinth beams, footings) if any bulge
comes because of weak supports of centering, the whole bulge areas chipping to
be done by contractor and concrete wastage will be calculated by Subha and such
costs shall be deducted from Contractor’s payment.
7. Contractor shall ensure all measurements are as per actual GFC drawings
provided by Subha.

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 8. Applying tape to the joints and oil for whole slab area is in Contractor’s scope.
9. Tapes and new Oil has to be provided by contractor (should not use old black
oil).
10. Contractor should not use any binding wire for support of outer beams.
11. In case any binding wire usage is there, then contractor has to bring their own
binding wire.
12. If any mistake happens in shuttering in comparison with drawings, the entire
rework shall be re done by Contractor to ensure conformity with the drawings.
13. All the material lifting till terrace floor is in Contractor’s scope.
14. Electricity power will be provided by Subha.

SCOPE OF BARBENDING WORK:

1. All the material shifting till terrace floor is in Contractor’s scope.
2. Rod cutting for column rings and beam rings has to done as per Subha’s cutting
schedule sheet; no wastage should happen in rod cutting for rings.
3. Whatever cutting rods will be there, all the material should be used in slab extra
rods and for lintels.
4. Contractor shall ensure all measurements are as per architectural drawing only.
5. Contractor engineer should stay at site all the time when work happens at site, if he
is not present at site, developer can deduct Rs. 1,000/- per day as penalty.
6. Contractor should not waste binding wire, if any waste binding wire seen at site,
developer will calculate the wastage material and deduct the same amount from
Contractor’s payment.
7. If any mistake happens in comparison with drawings, the entire rework shall be re
done by Contractor to ensure conformity with the drawings.

Term: - The term of this Work Order shall be till completion of the work.
Conditions:
1. The Construction of villa No. 10 and Villa 28 is Ground, First, Second Floor.
2. As per the drawing measurement, slab area price per sft finalised is Rs. 360/-
3. All work related to open to sky areas, will be deducted in slab measurement
4. No advance payment will be done by Subha.
5. Payment will be done as per schedule only; no advance can be demanded in the
middle of work.

Delivery at : SUBHA ECOSTONE situated at Suryanagar Phase 1 Suryanagar

adjacent to Triumph International School Chandapura Karnataka - 562106

Fee :-

For the Scope of Work your fee shall be as under:

a) Total cost for Services of Villa Development of Villa 10 shall not exceed
Rs. 10, 15,373/- (Rupees Ten Lakhs Fifteen Thousand and Three
Hundred and Seventy Three Only) plus applicable taxes. Any change shall
be valid upon approval of Subha.

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b) Total cost for Services of Villa Development of Villa 28 shall not exceed
Rs. 13, 91,645/- (Rupees Thirteen Lakh Ninety One Thousand Six
Hundred and Forty Five Only) plus applicable taxes. Any change shall be
valid upon approval of Subha.

c) Villa No. 10 measuring in Sq.ft – 2820.48 Square Feet (approximately).

d) Villa No. 28 measuring in Sq.ft – 3865.68 Square Feet (approximately).
e) Subha shall deduct tax at source at applicable rates on all payment to be made
to Contractor.
f) Contractor invoice shall carry applicable GST Rates separately and all
invoices must confirm with the requirements of GST laws.
g) Payment Due date: Within 30 days of receipt of complete invoice.

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