LABOUR RATEAGREEMENTBETWEENOWNERANDCONTRACTOR

FORCONSTRUCTIONOFBUILDING ON
PLOT C -97 MIKASA PLOTS

This agreement made at. Gurgaon.......onthis14th...day of

AUGUST...2022, between Shri. MANISH JAIN

(hereinafter called 'the owner' which expression shall unless repugnant

to the context or meaning there of, be deemed to include his heirs, legal

representatives, executors and administrators) of theONE PART

AND

Shri MD MAJHAR S/o Md Isakh having its residence ward no 4, near shiv

colony, Harinagar Sohna Distt Gurugram Haryana(aadhar no

984565287194) at (here in after referred to as 'the contractor ' which

expression shall unless repugnant to the context or meaningthereof, be

deemed to include every partner for thetime being of the said firm,the

survivor or survivors or the legal representatives, executors or

administrator soft he last survivor of the SECOND PART.

AND WHERE AS the first party is the owner of the plot of land ad
measuring 277.01 Sq Yards bearing Plot No..C-124, Miaksa Plots ,Central
Park Sohna.. Road. Gurgaon . District Sohna (hereinafter referred to as
the "said plot of land")and is desirous of getting a house construct the
said plot of land.

AND WHERE AS the first party has appointed Shri Babulal S/o Indraraj.

Singh.as the architect and the said architect has prepared the

plans,drawings and elevationsof the said intended house and the

specification of the works to be done and ofthematerials therein. The

architect has obtained the necessary certified drawings and Govt

approvals and has submitted the same to the Central Park contractors

to obtain the go ahead to begin construction work.

AND WHEREAS the second party claims to have the necessary

knowledge,trained human resources, experience and the wherewithal to

carry out the obligation of constructing a building as defined in various

drawings, specifications and standard approved norms by statutory

bodies The contractor states that it has vast experience in construction

of big and small buildings and has agreed to construct the house on the

said plot of land.

NOW IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:

1. The contractors will construct the building on the said plot of land in

conformitywith the plans, drawings, specifications and elevations as

prepared by the architect which has been annexed here to and

marked as Annexure A, with the material of best quality and in the

most substantial and professional workman like manner and to the

satisfaction of the owners and architect and meets the specifications

and standards mentioned at the agreed contracted labour rates.

2. That the contractor shall at all times bring skilled and experienced

workers, supervisors and experts in various trades like, fabricators

 and other workers in various trades required for construction. It shall

maintain a set of workers to meet the job requirements at all times

and shall keep reserves ready without delay in case of absence of

any worker/craftsman/supervisor etc.

3. The Owner shall on his part supply the necessary raw material like

cement, steel, sand, bricks, etc to the contractor to enable timely

completion of work.

4. The contractor shall give receipts of material received/ consumed

and shall be responsible for its book keeping, security and storage

and judicious use. No wastage shall be allowed and best work

practices shall be practiced. Willful wastage shall be penalized and

cost of such wastages/losses shall be borne by the contractor.

5. The contractor states that he has under his possession or shall keep

in his possession all the necessary machinery, supporting tools

implements like, concrete mixer concrete vibrators, ground

compactors, steel / wood stages scaffoldings, wire meshes ,steel rod

benders /cutters, vibrators earth movers,and consumables like

nails ,hammers electric testers, drums for water storage etc and no

extra charges shall be payable to the contractor for such items

required to carry out work.. Further the contractor shall make

necessary arrangements to facilitate movement, of men material

vehicles etc for seamless progress of work. In addition it shall keep

 records of receipt and delivery of material /items supplied by the

owners.

5 The contractor hereby undertakes to commence the construction

within sevendays of execution of these presents and complete the

construction of the structural work within 6 months OR before the 31

Dec 2022. The time limit for completion of structural work shall be 5

months from the date of execution of the sepresents in accordance with

the approved plans duly verified by the architect and Govt

departments.

Structural Work

The following shall essentially comprise and constitute the meaning of

the term “structure” but shall not be limited to the definition so

enumerated below

a)Excavation and earthwork including basement

b) Pre construction Anti Termite Soil Treatment

c) Brickwork and Blockwork

d) Shuttering beam, columns with ply, roof slabs with steel plates

e) Reinforcement steel up to 4kg per Sqft on superstructure,5 kg per

Sqft in basement

f) Internal and External Door Frame

g) Internal and External Plaster

h) Water proofing ( Dr Fix It URP 301) in toilets, balconies and terraces 2

coats.
 i) In case of basements, tapecrete water proofing (Dr Fixit) URP 301on

basement walls from outside

j) Electrical Conduits ,wiringand junction boxesetc

k) Plumbing Pipes and Fittings

l) Lift Shaft Only provisioning for MRL(Machine room lift) from basement

to fourth floor only (Not Terrace)

m) Brick Parapet of height 4 feet including plaster and paint on terrace.

n) Max clearance height of each floor shall be 9 feet. Extra height shall

be chargeable and less height shall be deductible and made good at the

cost of the contractor.

o) The base rate for all material is the landed rate at site inclusive of

freight GST etc.

p) All. tax compliances, labour welfare compliances,are included in the

contracted rates rates agreed upon .and mentioned in the agreement.

The rates mentioned are inclusive of all taxes .All taxes and legal

compliances shall be fulfilled by the contractor.

Q Site barricading, on site temporary toilets cement store room and

other such facilities shall be made good by the contractor liaisonwith

central park officials for seamless progress of work and day to day

matters shall be the contractor’s responsibility.,

Following shall be the owner’s responsibility

a) Cost of Water consumptionfor construction work shall be borne by

the owner.

b) Electrical connection and its usage for construction work shall be

 borne by the owner.

c) To provide space for storage of building material.However the

security and accountability of all such material shall be the

contractor’s responsibility. The contractor shall keep his

representative at site at night as required.

d) The contractor shall keep records of raw material provided

consumed /available balance. Requirements should be projected

at least 10 days in advance to cater to time for

procurement ,transportation exigencies etc.

e) Basement shall have RCC wall plus 9 inch brick wall.

Structure Costing and work labour rate statement

a) Digging of foundation by JCBs

b) Rope /strings tying material , iron nails, fastening materials, steel

wires, for lashing .polythene sheets pannietc if used and other

consumables shall be provided by the contractor and is included in

the contracted labour rate .

c) Construction material mixer, vibrator for packing of concrete ,

compactor for ground packing ,water extractor for removing water

from site, stanchions ,scaffolding, shuttering, material handling

equipments and other working tools etc shall be brought the

contractor. and costs therein is inclusive of the contracted labour

rate.

d) CURING : Concreted /plastered areas need to be cured for better

 strength and bonding. At least 4 times a day for 21 days

Records and Evidence of such curing at different times of the day

shall be provided. NO DRY BRICKS SHALL BE USED. Bricks are to

immersed in water before use.

e) No mixture /material shall be wasted .Proper care of material and

optimum use shall be borne in mind. Willful wastage if any shall be

deducted from the payment

f) Anti termite treatment shall be liberally applied in the basement

pillars and walls etc

g) Finishing shall be of good quality .Newplyboard /steel board shall

be used in shuttering as demanded by the owner.

h) General applicable rates

i) Balconies- half labour rate, roof shall be full rate.

ii) RMC premix concrete shall be used for slabs., iii) Rs 15000/- per

slab shall be deducted from the labour bill wherever RMC mix is

used.

iv)Basement-contracted labour rate plus Rs 70/- per Sq Ft when RCC

walls are built in the basement.

6. If the contractors fail to complete the said work within the period as

stipulated inthe foregoing provision, the contractors shall, at the

option of the owner

butwithoutprejudicetotheotherrightsunderlawoftheownerandotherpro

visionsherein payliquidateddamagescalculatedattherateofRs..1000/

per day(but subject to a maximum of 2% of the total

contract amount payableby the owner under this

agreement) for the period between the said stipulatedtime

for completion of the works. The contractor hereby

specifically agrees andauthorizes the owner to deduct such

liquidated damages, if any, from anyinstallment of

payment becoming due and payable to the contractors in

terms ofthisagreement.

7. Theowner willpaytothecontractors the labour rate

appropriate (a maximum ofRs180/-per Sqftand more
appropriately described in the schedule and as per rates agreed upon by
both parties and placed at attachment. The various stages and proportion of
payments is described at schedule of payments.
8. Approximately 30% of payments at any stage shall be held back
asmeans of securing quality and timely work. progress.
9. 10 % of the overall payment shall be cleared on successful completion of
all work.outof whichtheowner shall pay to the contractor
weekly such sum as may be sufficient to defray
theexpenses incurred by the contractors in respect of
materials used in the works,checked and certified by the
architect.
10. The contractor shall obtain a certificate by thearchitect
that the work upto basement floor has been completed to
 enable claim for payment of dues. Thereafter further dues
shall be claimed after obtaining a certificate by the
architect that the work upto floorhas been completed and
the balance shallbe paid on the certificate by thearchitect
thatthesaidworkshavebeencompletedinall respectsaccording
tothe agreement and the contractor has at their own
expenses removed
andclearedallscaffolding,fencing,unusedmaterialsandrubbis
hfromthepremises and made and prepared the bungalow fit
for use and habitation andimmediate occupation. However,
a sum equivalent to 5 per cent of the totalcontract amount
payable by the owner under this agreement shall be
retainedby the owner as retention money, which shall be
paid after a period of 12months from the date of handing
over the said bungalow complete in allrespects and fit for
occupation. The contractor hereby agrees and undertake
torectify all such defects as may be found or detected
during the period of 12months.
11. If the contractor stops work orfails to rectify the defects

pointed out or declines to curesuch defects as pointed by

the owner/architect within ten days from the date

ofreporting to the contractors either verbally or in writing ,

the owner shall be entitled to have such defectscured by

such other agencies as it may deem fit at the entire cost

and risk ofthe contractor. If the contractor fails to rectify

the defects pointed out or decline to curesuch defects as

pointed by the owner within fifteen days from the date

ofreporting to the contractors, the owner shall be entitled

to have such defectscured by such other agencies as it

may deem fit at the entire cost and risk ofthe contractor
 and utilize the retentionmoney for this purpose. Provided

further that in the eventofthe said retention money being inadequate

to meet such costs, chargesand expenses incurred by the owner for

curing the defects in the construction,the contractors shall within 7

days of a demand in writing made by the ownermake good the

defect, failing which the contractor shall be liable to pay

thesametogether withtheinterestat15%per annum.

12. Theownershallallowfreeingresstoandegressfromthepremisestotheco

ntractor’s workers,employees,sub-contractorsandallother

persons,whoare

necessaryinconnectionwiththecarryingoutoftheworksundertheagreement.

13. If the quality and pace of work suffers or if the contractor does not

progress on work without giving valid and justifiable reasons and /or

shows neglect or inability to progress work then the owner reserves the

right to terminate this contract after giving verbal/written notice to the

contractor.In such an event the owner reserves the right to allocate work to

any other contractor and get the work done. The cost and risk of such an

event shall be upon the contractor solely. No justification or notice shall be

necessary from the owner to take such action if necessitated.

14. The contractor shall approach / liaise the with the central Park
officials for smooth and seamless progress of work. Contractor shall
produce necessary documents and complete formalities necessary to
obtain such passes for easy entry/exit.

13.Theowner

tooshallallowingresstoandegressfromthepremisestothecontractor’s

workers,employees,sub-contractorsandallother persons,whoare
necessaryinconnectionwiththecarryingoutoftheworksunderthe

agreement. and its duration.

TIME; The agreed time to complete all work under the agreement shall be SIX

MONTHS only.
15. The contractors shall indemnify the owner in respect of all claims,

damages orexpenses payable in consequence to any injury to any

employee,

workman,nominee,inviteewhileinoruponthesaidpremises.Thecontract

orsshallalsobe responsible for any damage to buildings, whether

immediately adjacent orotherwise and any damage to roads, streets,

foot-paths, bridges or ways aswell as all damages caused to the

buildings, and work forming the subject tothiscontractbyfrost,rain,

windorother inclemencyofweather.

16. If the contractors abandons the contract or fail to commence the

work or suspendthe progress of the work for 14 days or more without

any lawful excuse under theseconditions, or fail to proceed with the

works with such due diligence and fail tomake such due progress as

would enable dthe works to be completed withinthe time agreed

upon or fail to remove materials from the site or to pull downand

replace work for seven days after receiving from the architect

writtennotice that the said materials or the works were defective and

rejected by

thesaidarchitectorneglectorfailpersistentlytoobserveandperformallora

nyof the acts, materials or things required by this contract to be

observed andperformed by the owner for seven days after written

notice shall have given

tothecontractorsrequiringthemtoobserveorperformthesameandthearc

hitect
 certifies in writing to the owner to the said effect, then and in any of

the saidcases the owner may, notwithstanding any previous waiver,

after giving sevendays notice through the said architect in writing to

the contractors terminate thelicense in favour of the contractors

and in so far as it relates to the completion ofthe remaining

construction work, but without thereby affecting the powers ofthe

architect, or the obligations and liabilities of the contractors, the

whole ofwhich shall continue in force as fully as if this Agreement

had not been sodetermined. And the owner by his servants or

agents may enter uponandtake possession of the work, tools,

scaffolding, sheds, machinery, power,utensils and materials lying

upon the premises or in the adjoining lands orroads and use the

same as its own property or may employ the same bymeans of its

own servants and workmen in carrying on and completing thework

or by employing any other contractor or other person to complete

theworks and the contractors shall not in any way interrupt or do

any act, matter orthing to prevent or hinder such other contractor

or other person or personsemployed for completing and finishing

the works or using the material andplantfor theworks.

17. Whenthesaidworksareterminatedinthemannerasstipulatedintheforeg

oing provision, the architect /owner shall givea notice in writing to

the contractorsto remove their building implements . Should the

contractors fail to remove them within a period ofsevendays,

afterreceipt thereofbythem, then the owner shall be entitled to
Remove or sell the same. The money accrued therein may be refunded

after deducting the cost of removal and associated expenses.

18. The contractors shall be bound to appoint an engineer competent to

receiveinstructions from the architect from time to time, on behalf of

the contractors at allreasonable hours and all directions given to him

by the architect shall bedeemed tohavebeengiventothecontractors.

19. The owner or his representatives shall be entitled to inspect the

progress

oftheconstructionworkandmaterialsusedfortheconstructionandtheysh

allbe entitled to point out to the architect any defects in the

construction work,quality of workmanship or materials dused when

such defective work is inprogress or being executed or such material

is brought on site. If the architectwill be satisfied about the objections

raised, the said architect shall certify

thesameinwritinganddirectthecontractorstorectifyattheirowncostthed

efectin

thesaidconstructionworkorremovesuchdefectivematerials

workmanship andthesameshallberectifiedorremovedbythe

contractorsas directed.
20. All disputes or differences relating to thespecifications, designs,

drawingsand as to quality of workmanship or material used in the

work or as to anyother question arising out of or relating to the

contract, design, drawings,specifications, orders or otherwise in

connection with the agreement or thecarrying out of the works,

whether during the progress of the work or after thecompletion or

abandonment thereof shall be referred to the owner for clarity ,

21. The contractorshall mention his email id for communication .If he

fail to do so then watsapp/sms may be used .The mobile phone

number for such communication shall be provided and messages

conveyed therein shall be deemed-conveyed.

18.Thisagreementshallbeexecutedinduplicate,theoriginalshallberetainedb

ytheowner andtheduplicatebythecontractors.

INWITNESSWHEREOFthepartieshavesignedthesepresentsandaduplicate

thereof, thedayandyearfirsthereinabove written.

Signedanddeliveredby

Owner

SignedanddeliveredbyContractor / contractors,representative

WITNESS 1

WITNESS;2
 14. Schedule of Payment

. As per annexure.A

a) On erection of columns and RCC wall concreting and

brickwork , completion around Neev -15%

b) On fixing of plinth beam and basement slab- 15%

c)Erection of column/pillars till lanter level and brickwork on

room wall and fixing of lanter-15%

d)All work till fixing and placement of ground floor slab and
brickwork around rooms --15%

f) On completion of first floor slab and brickwork .15%

g) Plastering of complete structure, brickwork around first

floor column &lanter and completion of all pending

work--15%
Annexure-B

Payment Schedule /Payment

Sno Area Name Area Total Rate per Plaster

Area square Amount
feet
1 Cover Area
2 Open Area
3 Balcony/Chajja
and Mumty
4 Basement