In life you learn there are things that looks normal to do without writing agreements. I realised without agreements written and signed by parties concern its a risky commitment and cannot be enforced by law.
The document below has been so benefit able to me and the Parties I have entered into agreements with. It has been part of my life growth and development. Read the agreement and advice in comment section how we can improve on it.
CONSTRUCTION CONTRACT AGREEMENT
PARTIES
This Construction Contract Agreement (hereinafter referred to as the “Agreement”) is entered into on 21st October 2022 (the “Effective Date”), by and between Ben tiles enterprises limited, with an address of P.o box 81 voi (hereinafter referred to as the “Constructor”), and Voi town lodge, with an address of ________________ (hereinafter referred to as the “Client”) (collectively referred to as the “Parties”).
CONSTRUCTION PROPERTY
The Property that is to be constructed is located at the following address:
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SCOPE OF WORK
The Constructor agrees to perform the construction described below:
Demolision work of the existence asbestos.
Replacement of the new roof as Client preference.
Scavation of the designated deposit site .
Construction of the scavated deposit site
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In addition to the aforementioned, the Constructor agrees to abide by and perform all the work that is shown on the construction plan available on the property’s site.
TERM
This Agreement shall be effective on the date of the signing this Agreement (hereinafter referred to as the “Effective Date”) and will end when the construction services are completed.
The term of this Agreement may be extended upon the provision of written consent from both Parties.
The Parties agree that the Construction will begin on _____________ and will end on or before _____________.
PAYMENT AND FEES
The Parties agree that the total cost of the services will be kshs.1,106,678.00
where materials will be paid full at the signing of this Agreement ,total Labour will be paid 50% at the signing of the agreement and 50% will be paid at the completion.
The Parties agree that the Constructor will provide an invoice to the Client on payment for the Services he/she completes.
The Parties agree that the means of payment will be via cheque or bank transfer
Bank: Kenya commercial bank voi branch
Account Name: Ben tiles
Account no.: 1137722185
PERMITS AND LICENSES
The Parties agree that it is the duty of the Constructor to obtain all permits and licenses needed to commence in the construction of the site and provide his/her services on Client expense.
The Parties further agree that the client will be responsible to pay the fees for the governmental inspections, if need be.
USAGE OF MATERIALS AND LABOR
The Parties agree that it is the Constructor’s responsibility to provide as well as pay for any labor and/or equipment needed to complete the construction as per the Agreement.
The Parties further agree that the materials used for the construction are to be brand new.
ADDITIONAL RESPONSIBILITIES OF THE CONSTRUCTOR
The Constructor agrees to the following:
1. To supervise, manage and complete all the construction services as per this Agreement.
2. To keep record of the documents in a safe place accessible only to the Constructor and the Client.
3. To take all necessary precautions for all safety in general.
4. To bear responsibility for any acts of negligence and emergencies and accidents.
5. To provide a guarantee to the Client that the work commenced will be in accordance with the documents of this Agreement.
6. To maintain the property, keep it clean, and to safely dispose of hazardous materials and waste.
7. To train personnel on handling hazardous materials and to be responsible for any illness, damage, or loss of personnel.
INSURANCE
The Parties agree that it is the Constructor’s responsibility to purchase an insurance policy for the construction.
The Parties further agree that it is the Client’s responsibility to maintain an insurance that covers replacement costs in the event of fire, theft, act of nature and/or casualty(s).
TERMINATION
This Agreement may be terminated in case the following occurs:
Immediately in case one of the Parties breaches this Agreement or one of the conditions set forth in this Agreement and does not amend them within a period of 7days.
This Agreement will automatically be terminated when both Parties complete their obligations.
INDEMNIFICATION
The Constructor agrees to hold harmless as well as indemnify its personnel, employees and others against all liabilities, expenses, claims or other.
The Constructor further agrees to be held responsible for providing a defense against the aforementioned liability, claims and/or demands, if any.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Kenya.
AMENDMENTS
The Parties agree that any amendments made to this Agreement must be in writing where they must be signed by both Parties to this Agreement.
As such, any amendments made by the Parties will be applied to this Agreement.
ASSIGNMENT
The Parties hereby agree not to assign any of the responsibilities in this Agreement to a third party unless consented to by both Parties in writing.
ENTIRE AGREEMENT
This Agreement contains the entire agreement and understanding among the Parties hereto with respect to the subject matter hereof, and supersedes all prior agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.
SEVERABILITY
In an event where any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, then the remaining provisions will remain to be enforced in accordance with the Parties’ intention.
SIGNATURE AND DATE
The Parties hereby agree to the terms and conditions set forth in this Agreement and such is demonstrated throughout by their signatures below:
CONSTRUCTOR
Name:____________________________
Signature:_________________________
Date:_____________________________
CLIENT
Name:____________________________
Signature:_________________________
Date:_____________________________
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