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Construction Payment Agreement Template for India

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Key Requirements PROMPT example:

Construction Payment Agreement

"I need a Construction Payment Agreement for a large-scale commercial development project in Mumbai, where payments will be made in monthly installments with a 10% retention, and we need to include specific provisions for advance payment guarantees and milestone-based payments."

Document background
The Construction Payment Agreement serves as a crucial document in Indian construction projects, establishing a clear framework for managing payment obligations between project owners and contractors. This agreement is typically used when parties need to establish detailed payment mechanisms separate from or supplementary to the main construction contract. It addresses specific Indian regulatory requirements, including those under the Real Estate (Regulation and Development) Act, 2016, and various construction industry regulations. The agreement includes provisions for payment scheduling, processing procedures, security mechanisms, and dispute resolution, while ensuring compliance with Indian tax laws and statutory requirements. It is particularly important in large-scale construction projects where significant financial transactions are involved and where clear payment procedures are essential for project success.
Suggested Sections

1. Parties: Details of the parties entering into the agreement, including their legal status and registered addresses

2. Background: Context of the agreement, including reference to the main construction contract and purpose of this payment agreement

3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation

4. Scope of Work: Brief description of the construction work for which payments are being arranged

5. Contract Price: Total contract value and breakdown of major cost components

6. Payment Terms: Core payment obligations, including payment milestones and conditions precedent

7. Payment Procedure: Process for submitting and processing payment applications, including documentation requirements

8. Payment Timeline: Specific timeframes for payment processing and completion

9. Taxes and Duties: Allocation of tax responsibilities and handling of statutory deductions

10. Default and Consequences: Events of default and resulting remedies regarding payment obligations

11. Dispute Resolution: Procedures for resolving payment-related disputes

12. Force Majeure: Events affecting payment obligations beyond parties' control

13. Notices: Process for serving payment-related notices and communications

14. Governing Law and Jurisdiction: Applicable law and courts having jurisdiction

Optional Sections

1. Advance Payment: Terms for advance payment and its recovery - include when advance payments are part of the agreement

2. Retention Money: Provisions for retention amount and its release - include for projects with retention requirements

3. Performance Security: Details of performance guarantees or bonds - include when additional payment security is required

4. Price Adjustment: Formula and process for price adjustments - include for long-term projects subject to price variations

5. Joint Venture Provisions: Special payment terms for joint ventures - include when contractor is a JV

6. Escrow Arrangements: Details of escrow account management - include when payments are managed through escrow

7. Step-in Rights: Lender's or owner's rights to step in for payments - include when project involves external financing

8. Payment Netting: Provisions for offsetting mutual payment obligations - include when multiple contracts exist between parties

Suggested Schedules

1. Schedule 1 - Payment Schedule: Detailed breakdown of payment milestones and amounts

2. Schedule 2 - Rate Card: Unit rates for various items of work

3. Schedule 3 - Payment Application Format: Standard format for submitting payment applications

4. Schedule 4 - Supporting Documents: List of required documents for payment processing

5. Schedule 5 - Bank Details: Banking information for payment transfers

6. Schedule 6 - Tax Forms: Required tax forms and certificates

7. Appendix A - Performance Security Format: Standard format for performance security documents

8. Appendix B - Advance Payment Guarantee Format: Standard format for advance payment guarantee

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions









































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Relevant Industries

Real Estate Development

Infrastructure

Commercial Construction

Industrial Construction

Residential Development

Healthcare Construction

Educational Institutions

Hospitality

Retail Development

Public Works

Transportation Infrastructure

Energy and Utilities

Manufacturing Facilities

Technology Parks

Smart Cities

Relevant Teams

Legal

Finance

Construction

Project Management

Commercial

Procurement

Operations

Risk and Compliance

Treasury

Accounts Payable

Contract Administration

Technical Services

Relevant Roles

Project Manager

Construction Manager

Finance Director

Commercial Director

Contract Manager

Quantity Surveyor

Chief Financial Officer

Legal Counsel

Project Director

Construction Director

Procurement Manager

Financial Controller

Site Manager

Operations Director

Risk Manager

Compliance Officer

Treasury Manager

Accounts Payable Manager

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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