
Adam Frankel
General Counsel · Technology & AI
15+ years as General Counsel to technology, cloud & AI companies
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This is a labor-only building contract for projects where the employer acts as the material supplier. It contains a specific 80% monthly progress payment structure and a mandatory six-month defect rectification period. It is not a turnkey contract because the contractor has no obligation to procure materials or hardware.
Use this agreement when the owner wants to control material quality and costs directly but needs a professional to manage site labor. If the contractor is expected to provide both materials and labor, use a Lump Sum Building Contract instead.
| Clause | Name | What it does |
|---|---|---|
| 1 | Scope of Work | Obliges the Contractor to clear the site and complete the building according to plans using materials supplied by the Owner. |
| 2 | Payment Terms | Requires the Owner to pay the specified labor sum within six months of the Contractor handing over the completed works. |
| 3 | Completion Date and Penalties | Imposes a daily forfeiture of a specified Rupee amount for every day the building remains uncompleted after the agreed deadline. |
| 8 | Defects Liability | Requires the Contractor to repair any defects, shrinkage, or faults appearing within six months after the completion of the works. |
| 14 | Progress Payments | Provides for monthly payments equal to 80 per cent of the value of work executed during that calendar month. |
| 15 | Arbitration | Mandates that disputes be referred to a sole arbitrator under the provisions of the Arbitration and Conciliation Act, 1996. |
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A building contract under which a contractor erects a building on the owner's plot, with the owner supplying the plot and all building materials and the contractor supplying the labour, tools and accessories, in India. It covers the contract price and payment (monthly progress payments of 80% of value, with final payment after completion), the completion date and liquidated damages for delay, extensions of time, variations and extras, the contractor's obligation to remedy defects within six months, risk in the works during construction, the owner's inspection rights and right to engage another builder on unsatisfactory progress, indemnity for injury claims, and dispute resolution by arbitration.