Basic Building Contract

Basic Building Contract Template for India

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Key Requirements PROMPT example:

"I need a Basic Building Contract for a residential apartment complex construction project in Mumbai, valued at INR 50 crore, with specific provisions for green building certification and renewable energy installations, scheduled to commence in March 2025."

Document background

The Basic Building Contract serves as a fundamental legal instrument for construction projects in India, designed to establish clear contractual relationships between property owners and contractors. This document is typically used for straightforward construction projects where detailed works are defined and standard industry practices apply. It incorporates essential elements required under Indian law, including provisions from the Indian Contract Act, 1872, the Real Estate (Regulation and Development) Act, 2016, and relevant building codes. The contract covers crucial aspects such as scope definition, payment terms, completion timelines, quality standards, and dispute resolution mechanisms, while ensuring compliance with local regulations and industry standards. It is particularly suitable for projects where the design is complete at the time of contract execution and where the works can be clearly defined and measured.

Suggested Sections

1. Parties: Identification and details of the Owner/Employer and the Contractor

2. Background: Context of the construction project and the basis for entering into the agreement

3. Definitions: Definitions of key terms used throughout the contract

4. Scope of Work: Detailed description of the construction work to be performed by the Contractor

5. Contract Sum: The agreed price for the works, including payment terms, stages, and mechanisms

6. Time for Completion: Project timeline, completion date, and provisions for extensions of time

7. Contractor's Obligations: General and specific obligations of the Contractor including quality, safety, and compliance requirements

8. Owner's Obligations: Responsibilities of the Owner including site access, approvals, and payments

9. Materials and Workmanship: Standards for materials and quality of work required

10. Variations: Procedures for handling changes to the scope of work

11. Payment Terms: Detailed payment procedures, stages, and conditions

12. Insurance and Indemnity: Required insurance coverage and indemnification provisions

13. Defects Liability: Contractor's responsibilities for rectifying defects during the liability period

14. Termination: Grounds and procedures for contract termination by either party

15. Dispute Resolution: Procedures for resolving disputes between parties

16. Force Majeure: Provisions for handling unforeseen circumstances and their impact

17. Notices: Requirements for formal communications between parties

18. Governing Law: Specification of Indian law as governing law and jurisdiction

Optional Sections

1. Architect's Role: Define architect's authority and responsibilities when an architect is involved in the project

2. Subcontracting: Terms and conditions for subcontracting when permitted by the Owner

3. Performance Security: Requirements for performance bonds or guarantees for larger projects

4. Environmental Compliance: Specific environmental obligations for projects with significant environmental impact

5. Site Security: Special security requirements for high-security or sensitive locations

6. Liquidated Damages: Specific damages calculations for delay or non-performance

7. Quality Assurance Program: Detailed quality control requirements for complex projects

8. Project Management: Specific project management requirements for larger projects

9. Testing and Commissioning: Detailed testing requirements for projects with complex systems

10. Intellectual Property Rights: IP provisions for projects involving design elements or innovative solutions

Suggested Schedules

1. Schedule 1 - Drawings and Specifications: Detailed technical drawings and specifications for the construction work

2. Schedule 2 - Bill of Quantities: Itemized list of quantities and rates for the work

3. Schedule 3 - Payment Schedule: Detailed breakdown of payment stages and amounts

4. Schedule 4 - Construction Timeline: Detailed project schedule with milestones and completion dates

5. Schedule 5 - Material Specifications: Detailed specifications for materials to be used

6. Schedule 6 - Quality Standards: Specific quality standards and testing requirements

7. Schedule 7 - Site Plan: Detailed plan showing the construction site and access points

8. Schedule 8 - Insurance Requirements: Specific insurance types and coverage amounts required

9. Schedule 9 - Forms and Certificates: Standard forms for variations, completion certificates, and other documents

10. Schedule 10 - Safety Requirements: Detailed safety protocols and requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Real Estate

Construction

Infrastructure

Commercial Property

Residential Property

Industrial

Hospitality

Healthcare

Education

Retail

Relevant Teams

Legal

Operations

Construction

Commercial

Finance

Procurement

Risk & Compliance

Technical Services

Project Management

Property Development

Quality Assurance

Health & Safety

Relevant Roles

Construction Manager

Project Director

Legal Counsel

Contract Manager

Property Developer

Site Engineer

Quantity Surveyor

Procurement Manager

Risk Manager

Compliance Officer

Finance Director

Operations Manager

Technical Director

Building Inspector

Facilities Manager

Project Coordinator

Commercial Manager

Chief Executive Officer

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