Agreement between an Owner and an Architect for Construction of a Building
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About this template
What is this template?
This document is a service contract for professional architectural work. It contains a detailed stage-by-stage payment schedule tied to municipal approvals and a liquidated damages clause for delays. It is not a construction contract between an owner and a builder, as it focuses on design and supervision rather than manual labor.
When should you use it?
Use this when a property owner needs to hire an architect for full lifecycle building management from initial sketches to municipal occupancy permits. Use a Construction Agreement instead if you are hiring the party actually performing the physical building work.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 2 | Architects' Services | Lists ten specific services including sketch designs, obtaining Municipal Corporation approvals, site inspections, and securing building completion certificates. |
| 4 | Duties and Responsibilities | The Architects assume full responsibility for the structural soundness of the works and must ensure execution matches working drawings. |
| 5 | Construction Cost | Restricts the construction cost to a specific amount per square meter and excludes land costs and soil testing fees. |
| 11 | Termination | Allows either party to terminate with two months' written notice, while maintaining the Architects' liability for certifying pre-termination work. |
| 13 | Remuneration | Sets the Architect's fee at 3% of the value of the works estimated or actually executed, whichever is less. |
| 14 | Payment of Fees | Defines a five-stage payment schedule ranging from 10% after site plan approval to the final 10% after building completion. |
| 15 | Liquidated Damages | Imposes a daily penalty of a specified amount if the Architects fail to observe the project time schedule. |
| 17 | Arbitration | Requires all disputes to be referred to arbitration under the Arbitration and Conciliation Act, 1996 with a six-month award deadline. |
Who it's for
- an individual property owner in India commissioning a residential building design
- an architectural firm entering a partnership for private construction supervision
- parties requiring a fixed percentage fee structure for architectural services
- projects subject to the Arbitration and Conciliation Act 1996
How long it runs and how it's signed
Law it's drafted under
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