AGREEMENT FOR BUILDING WHERE OWNER SUPPLIES PLOT OF LAND ONLY.

An AGREEMENT made on the ………..day of …………….BETWEEN AB, etc. (hereinafter called the “owner”) of the part and CD, etc, (hereinafter called the “contractor”) of the second part.
WHEREAS
1. The owner owns a plot of land measuring ……… metres situate at …. And more particularly described in the plan attached.
2. The owner is desirous of erecting a building on the said plot.
3. The plans, drawings, designs and elevations of the said intended building and specifications of the works to be done and of the materials to be provided in and for the erection of the same as prepared by the architect have been approved by the parties.
4. The contractor is willing to execute the said works for the sum of Rs……
5. The materials to be used for the building will be supplied by the owner himself and the contractor will supply labour as well as the building tools and other accessories necessary for the completion of the said building.
NOW THE PARTIES HERETO HEREBY mutually agree as follows :
1. The contractor will clear and prepare the site for and will erect and complete the building in conformity with the plans, drawings, designs and elevations with the materials supplied by the owner in a thorough and work-manlike manner.
2. Subject to the conditions hereinafter appearing, the owner will pay to the contractor a sum of Rs……. within six months after the contractor has completed the works in accordance with the terms of this agreement and handed over the same to the owner.
3. The contractor will finish and complete the said building on or before the ….. day of ….. and if the said building shall not be completed on or before the said date, the contractor shall forfeit, out of the moneys which shall be due to him by virtue of this agreement, the sum of Rs….. for every days which shall elapse after the …… day of …… until the said building shall be completed : Provided if the contractor is prevented by any strike among the workmen or by reason of any event beyond his control, the owner may extend time for the completion of the work for such reasonable period as he may think fit under CI. (10).
4. The contractor will do and perform all works incidental to the proper execution and completion of the building including all works rendered necessary in consequence of the doing of the works and will supply labour necessary for the same and no additional payment will be made for the same.
5. The contractor will permit the owner to have access to the works while the same are under construction and to inspect the same.
6. The contractor will not vary or deviate from the said plans and specifications without having first obtained the permission in writing of the owner.
7. The contractor will, if so required by order in writing signed by the owner, alter the design or size of the works and the materials to be used in constructing the same, provided that he shall not be bound to do so unless the sum to be paid for any extras or to be allowed for any omission has been first fixed by agreement between him and the owner and, in default of agreement, the sum to be so paid or allowed shall be settled by ………………
8. The contractor shall make good any defects, shrinkage or other faults that may appear in the works within six months after their completion.
9. While the works are in course of construction and until the owner takes over the same, they and all materials or plants used or to be used in constructing the same shall remain at the contractor’s risk and he shall not be entitled to any compensation for injury, to or loss or destruction of, such works or materials arising from any cause whatever.
10. If the contractor requires any extension of time for completing the works he must apply to the owner within seven days from the date of the occurrence of the event on account of which he desires such extension ; and the owner may, if he thinks such request reasonable, grant such extension of time as he may think necessary.
11. If the owner is at any time dissatisfied with the progress of the work or with the quality of materials used or of the workmanship he may apply to ……. To depute an Engineer to inspect the works, and if such officer certifies in writing that the rate of progress or the materials used or the workmanship or any or all of them is or are unsatisfactory or not in accordance with this agreement, the owner may then enter upon the site of the works and may employ another builder to complete the same and may pay such builder the cost of such completion out of the sum payable to the contractor under this agreement or the balance of such sum if advances have been made to the contractor, and, if such cost is more than such sum of balance, then the contractor willpay the excess to the owner.
12. Unless the terms are extended under clause (10) hereof, the contractor will complete a portion of the works of the value of not less than Rs….. on or before the …. And will complete the whole work and will remove from the site of the works all plant, scaffolding, unused materials and rubbish and will leave the works and site clean on or before…….
13. If the contractor fails to comply with the provision of CI. (12) on or before the dates mentioned therein or within such extended time as be permitted in accordance with CI. (13) hereof, he will pay to the owner as liquidated damages a sum of Rs……………for every day’s delay, and the owner may deduct such sum or sums from any money due to the contractor under these presents or may recover it otherwise.
14. At the end of each calendar month commencing from the date when the contractor commences work the owner will pay the contractor a sum equal to 80 per cent of the value as estimated by the parties or in case of disagreement between the parties by…………… of the work executed by the contractor during the month and the owner will make final payment to the contractor at the end of six months from the date when the works are completed.
15. If at any time during the progress of the works or after completion or the alleged completion thereof and at any time during the continuance of this agreement any dispute or differences arise between the parties hereto in relation to or in connection with this agreement, the same shall be referred to the arbitration of Sri…………….as the sole arbitrator or to two arbitrators one to be appointed by each party and provisions or the Indian Arbitration Act, 1940, shall apply . The decision so given shall be final and binding upon the parties.
16. The contractor will indemnify the owner from all claims for injury caused to any person, whether a workman or not, while in or upon the works or the site of the same the said owner shall not be bound to defend any claim brought under the Workman’s Compensation Act unless the contractor first deposits with the owner might incur by reason of defending any such claim.
IN WITNESS WHEREOF the parties hereto have signed this agreement on the day and year first written above.
…………………… …………………..
(Contractor)

AGREEMENT FOR BUILDING WHERE OWNER SUPPLIES PLOT AND ALL MATERIALS

An AGREEMENT made on the ____________..day of ____________.BETWEEN AB, etc. (hereinafter called the ?owner?) of the part and CD, etc, (hereinafter called the ?contractor?) of the second part.

WHEREAS

1. The owner owns a plot of land measuring ____________ metres situate at ?. And more particularly described in the plan attached.

2. The owner is desirous of erecting a building on the said plot.

3. The plans, drawings, designs and elevations of the said intended building and specifications of the works to be done and of the materials to be provided in and for the erection of the same as prepared by the architect have been approved by the parties.

4. The contractor is willing to execute the said works for the sum of Rs____________

5. The materials to be used for the building will be supplied by the owner himself and the contractor will supply labour as well as the building tools and other accessories necessary for the completion of the said building.

NOW THE PARTIES HERETO HEREBY mutually agree as follows :

1. The contractor will clear and prepare the site for and will erect and complete the building in conformity with the plans, drawings, designs and elevations with the materials supplied by the owner in a thorough and work-manlike manner.

2. Subject to the conditions hereinafter appearing, the owner will pay to the contractor a sum of Rs____________. within six months after the contractor has completed the works in accordance with the terms of this agreement and handed over the same to the owner.

3. The contractor will finish and complete the said building on or before the ?.. day of ?.. and if the said building shall not be completed on or before the said date, the contractor shall forfeit, out of the moneys which shall be due to him by virtue of this agreement, the sum of Rs?.. for every days which shall elapse after the ____________ day of ____________ until the said building shall be completed : Provided if the contractor is prevented by any strike among the workmen or by reason of any event beyond his control, the owner may extend time for the completion of the work for such reasonable period as he may think fit under CI. (10).

FORM OF DECLARATION BY THE SOLE OWNER OR OWNERS OF THE LAND FOR SUBMITTING THE LAND AND BUILDINGS UNDER MAHARASHTRA APARTMENT OWNERSHIP ACT, 1970

In the____________..(here enter name of city, town, village, taluka and district). ____________.. on this____________..day of

20____________....................................................... (here enter name of sole owner or all the owners) hereinafter referred to as Grantor who is fully empowered and qualified to execute this deed does hereby state:

FIRST: That the Grantor owns the following land situated in the ____________.. (here enter city town. village. Taluka. district) which is described as follows. namely:?

____________..____________..____________..____________..____________..____________..____________..____________..____________..____________..____________..____________..____________..

Insert metes?and?bounds description of land upon which the building is constructed and add the City Survey or cadastral Survey Number or Survey Number. Also state the date and registration details of the last document of title under which the grantor claims the land.

SECOND: That the Grantor has constructed on the parcel of land described above a building known as ____________.. (here enter name of building),according to the plans attached hereto as Exhibit A which were approved by the ____________.. (here insert name of local authority) on the ____________..day of.....................20____________..and which are made a part thereof. The Municipal or Ward No., Street No. and House No. are as follows ____________..The postal address of the building is ........................................................................

THIRD: That the said building consists of a basement, a ground floor and, ..............upper floors. The ground floor will be used for commercial facilities, or other common purposes. The ground and upper floors consist of individual apartments all for residential purposes. The upper floors are all capable of individual utilisation on account of having their own exit to a common area and facility of the building, and the apartments will be sold to one or more owners each owner obtaining a

particular and exclusive property right thereto and each apartment constituting a heritable and transferable, immovable property within the meaning of any law for the time being in force in the State (hereinafter referred to as "family unit'), and also an undivided interest in the general and/or restricted common areas and facilities of the building, as listed hereinafter in this Deed, necessary for their adequate use and enjoyment and hereinafter referred to as a "general and/or restricted common areas and facilities", all of the above in accordance with the Maharashtra Apartment Ownership Act, 1970.

FOURTH: That the aforesaid building has a total building area of.....................square metres of which, ____________..square metres will constitute family units, and square metres will constitute general and/or restricted common areas and facilities.

FIFTH: That this condominium shall be known as "The Condominium" and that the family units and common areas and facilities of the building will be as follows:?

Family Unit?Upper Floors (1) In each of the ____________..Upper floors, there are ____________..family units. The said family units will be numbered consecutively from one to ____________..on each floor. These numbers will be preceded by the tenth which corresponds to each floor, for example: Those of the first floor will bear the numbers '101", "102", etc., those of the second floor will bear the number "201", "202", etc., and those of the higher floors will be numbered similarly according to the corresponding tenth of each floor. Hereinafter such family units will be referred to as Family Unit Type Number one, Family Unit Type Number Two, etc. respectively. Each family unit is equipped with:

The family units are described here in below. The measures of a family unit include all the outside walls and one?half of the block partitions but exclude bearing walls.

(a) Family Unit ? Type Number One.?It is a rectangular shaped apartment measuring ____________..metres long and ____________..metres wide, making a total area of____________..square metres as specifically shown in Exhibit A of this Deed. Its boundaries are as follows:

Its main door has access to the corridor of the respective floor.

'The family units consist of the following rooms:

A hall of ____________..square metres, a living room of ____________..square metres, a dining room of ____________..square metres, a kitchen of ____________..square metres, which includes the sinks, or washing area, a ____________..gas or electric range, model ____________..colour bedrooms of ____________..square ____________..metres, bathroom of ____________..square metres. In addition, the family unit has a balcony (balconies) facing____________..Street of____________..Square metres [A description of each type of family unit should follow as Items (b), (c), (d), etc.].

Common areas and facilities (2) (a) The parcel of land described in paragraph First of this Deed.

(b) A basement as shown in Exhibit A attached hereto and consisting of...........................square metres.

(c) The following facilities located in the basement.

(d) Parking facilities as shown in Exhibit A attached hereto and consisting of................... square metres.

(e) The ground floor as shown in Exhibit A attached and consisting of a garden lawn, children playing area, swimming pool, tennis or badminton court, etc. admeasuring..........................square metres respectively.

(f)The following facilities located in the ground floor:

(1) Commercial areas and facilities as shown in Exhibit A attached hereto, consisting of ____________..square metres and described as follows:

(2) A lobby and facilities as shown in Exhibit A attached hereto, consisting of.........................square metres and described as follows:?

(g) The following facilities located throughout the building and as shown in Exhibit A, attached hereto:

(1) elevator(s).

(2) An elevator shaft to ____________.square metres for the elevator(s) extending from the ground floor up to the ____________floor.

(3) A stairway, referred to in this Deed as Stairway A of ____________..square metres, which leads from the ground floor to the roof of the building.

(4) A stairway, referred to in this deed as Stairway B, of ____________..square metres, which leads from the open court to the ____________..upper floor.

(5) A flue extending from the incinerator in the basement to the roof of the building. The said flue will have a hopper door in each one of the ................upper floors for the disposal of garbage and rubbish, and will be fed from the janitor's room of each of the ____________..upper floors.

(6) Water tank located on the roof of the building.

(7) Elevator penthouse with corresponding elevator equipment located on the roof of the building.

(8) Plumbing net?work throughout the building.

(9) Electric wiring net?work throughout the building.

(10) Necessary light, telephone and public water connections.

(11) The foundations and main walls, columns, girders, beams and roofs of the building as described in the plans which form part of this Deed as Exhibit A hereof.

(12) Tanks, pumps, motors, fans, fire?fighting equipment, compressor, ducts, central air?conditioning and heating equipment and in general all apparatus and installation existing for common use.

(h) The following facilities located in each one of the ____________..upper floors and as shown in Exhibit A, attached hereto, are restricted common areas and facilities restricted to the family units of each respective floor:?

(1) A lobby which gives access to the ____________..elevators, to the family unit, to the janitor's room, to ____________..to the corridor and to Stairway A.

(2) A room for the use of the janitor.

(3) A corridor extending from the lobby to Stairway B.

SIXTH: (a) That the right, title and interest of each owner of a family unit in the general common area and facilities listed under letter (a) to (g) of sub?paragraph 2 of Paragraph Fifty and their proportionate share in the profits and common expenses in the said general common areas and facilities, as well as the proportionate representation for voting purposes in the meeting of the Association of Apartment owners of the ......................Condominium is based on the proportionate value of each family unit to the total value of all family units as follows:?

Family Unit ? Type Number One ____________..per cent, based on a value of Rs ____________..for this apartment and a total value of for all family units (here follow the proportionate value of Family Unit ? Type Number Two to Family Unit Type Number ____________..____________..).

(b) That the right, title and interest of each owner of a family unit located on each of the ____________..upper floors in the restricted common areas and facilities located in the respective floor and listed under letter (h) of said sub?paragraph 2 of Paragraph Fifty, and their proportionate share in the profits and common expenses in the said restricted common areas and facilities, as well as the proportionate representation for voting purposes with respect to the said restricted common areas and facilities in the meeting of the Association of Apartment Owners of the ____________..Condominium is based on the

proportionate value of each family unit to the total value of all family units located on its respective floors, as follows:?

Family Unit ? Type Number Two ____________..per cent (here follow the right, title and interest of the family unit owners of Family Unit ? Type Number Two to Family Unit ? Type Number in the restricted common areas and facilities located

in their respective floors).

(c) The proportionate representation for voting purposes provided in (a) and (b) hereof may be limited in accordance with the provisions of the bye?laws attached hereto as Exhibit B.

(d) Apartment/apartments and the percentage of undivided interest in the common areas and facilities appertaining to the apartment, (each apartment) are not encumbered in any manner whatsoever on the date of this Declaration.

SEVENTH: That the Administration of condominium consisting as aforesaid of the building and parcel of land described in Paragraphs First and Fifth of this Deed shall be in accordance with the provisions of this Deed and with the provisions of the bye?laws which are made a part of this Deed and are attached hereto as Exhibit B.

EIGHTH: That as appears above a plan of apartment ownership is hereby constituted under and subject to the provisions of the Maharashtra Apartment Ownership Act, 1970 so that the family units of the ____________..upper floors may be conveyed and registered as individual properties capable of independent use, on account of each having its own exit to a common area and facility of the building, each family unit owner having an exclusive and particular right, title and interest over his respective family unit and in addition the specified undivided interest in the common areas and facilities and/or

restricted common areas and facilities.

NINTH : That for the purposes of stamp duty and registration fees to be imposed on the registration of this Deed in the Register of Declaration and Deeds of Apartment under section 13(5) the value of the ____________..Condominium is distributed as follows:?

(a) Parcel of land described in paragraph First hereof is valued at Rupees .........................

(b) The building described in Paragraphs Second and Third hereof is valued at.......................Rupees

TENTH: That so long as the Grantor owns one or more of the family units, the Grantor shall be subject to the provisions of this Deed and of the Exhibits A and B attached hereto and the Grantor covenants to take no action which will adversely affect the rights of the Association of Apartment Owners with respect to assurances against latent defects in the building or other rights assigned to the Association by reason of the establishment of the____________..Condominium.

ELEVENTH: That the general and/or restricted common areas and facilities shall remain undivided and no owner shall bring any action for partition or division thereof.

TWELFTH: That the percentage of the undivided interest in the general and/or restricted common areas and facilities established herein shall not be changed except with the unanimous consent of all the apartment owners expressed in amendment to this Deed duly registered.

THIRTEENTH: That the undivided interest in the general and/or restricted common areas and facilities shall not be separated from the family unit to which it appertains and shall be deemed conveyed or encumbered with the unit even though such interest is not expressly mentioned or described in the conveyance or other instrument.

FOURTEENTH: That each apartment owner shall comply with the provisions of this Deed, the Bye?laws, decisions and resolutions of the Association of Apartment Owners and failure to comply with any such provisions, decision or resolutions, shall be grounds for an action to recover sums due, for damages, or for injunctive relief.

FIFTEENTH: That the dedication of the property to the Plan of Apartment Ownership herein shall not be revoked, or the property removed from the Plan of Apartment Ownership, or any of the provisions herein amended unless all of the apartment owners and the mortgagees of all the mortgages covering the units unanimously agree to such revocation, or amendment, or removal of the property from the Plan by duly registered instruments.

SIXTEENTH: That no apartment owner of a family unit may exempt himself from liability for his contribution towards the common expenses by waiver of the use or enjoyment of any of the general and/or restricted common areas and facilities or by the abandonment of his family unit.

SEVENTEENTH: All sums assessed by the Association but unpaid for the share of the common expenses chargeable to any family unit shall constitute a charge on such family unit prior to all other charges except only (1) charge, if any, on the family unit for payment of Government or municipal taxes or both, and (2) all sums unpaid on a first mortgage of the apartment.

EIGHTEENTH: That all present or future owners, tenants, future tenants or any other person that might use the facilities of the building in any manner, are subject to the provisions of this Deed and that the mere acquisition or rental of any of the family units of the building or the mere act of occupancy of any of the said units shall signify that the provisions of this Deed are accepted and ratified. The respective family unit shall not be rented or given on leave and licence or caretaker basis by the apartment owners thereof for transient or hotel purposes, which shall be defined as (a) rental compensation or compensation for any period less than thirty days, or (b) any rental or if the occupants of the family unit are provided customary hotel or boarding or lodging or paying guest services other than the foregoing obligations, the apartment owners of the respective family units shall have the absolute right to lease such unit or give it on leave and licence or caretaker basis provided that said lease or leave and licence or caretaker basis is made subject the covenants and restrictions contained in this Declaration and further subject to the Bye?laws in Exhibit B attached hereto.