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Legal AgreementsIndemnity & Compensation

Agreement Between Owner and Contractor

This document is a legally binding agreement between a property owner and a contractor, outlining the terms and conditions for construction or renovation work. It should be used when engaging a contractor for any project to ensure clarity and protection for both parties.

Updated 15d ago
constructionagreementcontractownercontractorSMESouthern Africaindemnity

Company Letterhead

{{company_name}}

{{company_address}}

Phone: {{phone}} | Email: {{email}}

Website: {{website}}

AGREEMENT BETWEEN OWNER AND CONTRACTOR

This Agreement is made and entered into on this {{date}} day of {{month}}, {{year}},

BETWEEN:

{{owner_name}} of {{owner_address}} (hereinafter referred to as 'the Owner')

AND

{{contractor_company_name}} (Registration Number: {{contractor_registration_number}}) of {{contractor_address}} (hereinafter referred to as 'the Contractor')

WHEREAS, the Owner desires to engage the Contractor to perform certain works as defined herein, and the Contractor agrees to undertake such works on the terms and conditions hereinafter appearing.

1. SCOPE OF WORK

The Contractor shall diligently and in a workmanlike manner perform the following works (hereinafter referred to as 'the Works'):

{{detailed_description_of_works_scope}}

Any variations or additions to the Scope of Work must be agreed upon in writing by both parties.

2. CONTRACT PRICE AND PAYMENT TERMS

The total contract price for the completion of the Works shall be {{currency}} {{contract_price}} ({{contract_price_in_words}}).

Payment shall be made by the Owner to the Contractor as follows:

a) An initial deposit of {{deposit_percentage}}% ({{currency}} {{deposit_amount}}) upon signing this Agreement.

b) Progress payments based on achieved milestones, as outlined in Schedule A (attached hereto).

c) The final payment of {{retention_percentage}}% ({{currency}} {{retention_amount}}) upon practical completion of the Works and submission of all relevant completion certificates.

All payments shall be made within {{payment_days}} days of receiving a valid invoice from the Contractor.

3. COMMENCEMENT AND COMPLETION DATE

The Contractor shall commence the Works on or before {{commencement_date}} and shall diligently proceed with the Works to achieve practical completion by {{completion_date}}.

Any delays caused by the Owner, or force majeure events, shall entitle the Contractor to a reasonable extension of time, provided written notice is given within {{notice_days}} days of such event.

4. INDEMNITY

The Contractor shall indemnify and hold harmless the Owner from and against any and all claims, demands, losses, liabilities, costs, and expenses (including legal fees) arising out of or in connection with the Contractor's performance of the Works, including but not limited to, bodily injury, death, or property damage, unless such claims, demands, losses, liabilities, costs, and expenses are solely attributable to the gross negligence or willful misconduct of the Owner.

The Owner shall indemnify and hold harmless the Contractor from and against any and all claims, demands, losses, liabilities, costs, and expenses (including legal fees) arising out of or in connection with any breaches of this Agreement by the Owner or their agents, or any pre-existing conditions on the site not disclosed to the Contractor.

5. INSURANCE

The Contractor shall maintain, throughout the duration of the Works, comprehensive general liability insurance with a minimum coverage of {{currency}} {{contractor_insurance_amount}}.

The Owner shall maintain appropriate property insurance covering the site and the Works during construction.

6. DISPUTE RESOLUTION

Any dispute arising out of or in connection with this Agreement shall first be referred to mediation in accordance with the rules of {{mediation_body}}.

If the dispute is not resolved through mediation within {{mediation_days}} days, it shall be referred to arbitration in accordance with the rules of {{arbitration_body}}.

7. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of {{country}}.

8. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, negotiations, and agreements, whether written or oral.

9. SIGNATURES

IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written.

___________________________ ___________________________

Owner's Signature Contractor's Signature

Name: {{owner_full_name}} Name: {{contractor_authorised_person_name}}

Date: {{owner_signature_date}} Date: {{contractor_signature_date}}

___________________________

Witness Signature

Name: {{witness_full_name}}

Date: {{witness_signature_date}}

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