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Master Service Agreement (Construction) Template for India

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Key Requirements PROMPT example:

Master Service Agreement (Construction)

"I need a Master Service Agreement (Construction) for my Singapore-based construction company expanding into India, planning to undertake multiple infrastructure projects starting March 2025, with specific requirements for cross-border payment mechanisms and international arbitration provisions."

Document background
The Master Service Agreement (Construction) serves as the primary contractual framework for establishing long-term construction service relationships in India. It is typically used when a client anticipates requiring multiple construction projects or ongoing construction services from the same contractor over time. The agreement incorporates essential elements of Indian contract law, construction regulations, and industry standards while providing flexibility through work orders for specific projects. This document structure is particularly relevant in the Indian construction sector where relationships between developers and contractors often span multiple projects and years. The MSA includes provisions for compliance with key Indian legislation such as the Real Estate (Regulation and Development) Act 2016, labor laws, and environmental regulations, while establishing standardized processes for project execution, quality control, and dispute resolution.
Suggested Sections

1. Parties: Identification of the contracting parties including full legal names, addresses, and company registration details

2. Background: Context of the agreement, relationship between parties, and general purpose of the MSA

3. Definitions and Interpretation: Definitions of key terms, interpretation rules, and hierarchy of contract documents

4. Scope of Services: General framework of construction services covered under the MSA

5. Work Orders and Project Implementation: Process for issuing work orders, project initiation, and execution procedures

6. Contractor Obligations: Key responsibilities, performance standards, and deliverables of the contractor

7. Client Obligations: Client's responsibilities including access, approvals, and information provision

8. Personnel and Subcontracting: Requirements for project staff, subcontractor engagement rules, and labor compliance

9. Quality and Safety Standards: Quality control requirements, safety protocols, and compliance with construction regulations

10. Timeline and Project Schedule: Framework for project scheduling, milestones, and delay management

11. Payment Terms: Pricing structure, payment schedules, invoicing, and GST compliance

12. Warranties and Defect Liability: Quality warranties, defect correction obligations, and liability period

13. Insurance and Indemnity: Required insurance coverage and mutual indemnification provisions

14. Compliance and Permits: Regulatory compliance requirements and responsibility for obtaining permits

15. Intellectual Property Rights: Ownership of project documents, designs, and intellectual property

16. Confidentiality: Protection of confidential information and trade secrets

17. Term and Termination: Duration of agreement, renewal terms, and termination rights

18. Dispute Resolution: Dispute resolution process including arbitration under Indian law

19. Force Majeure: Events constituting force majeure and consequent rights and obligations

20. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law

Optional Sections

1. Environmental Management: Include when projects have significant environmental impact requirements

2. Technology and Systems: Add when project involves specific software or technology requirements

3. Corporate Social Responsibility: Include for large-scale projects with community impact

4. Local Content Requirements: Add when project must meet local content or employment quotas

5. Performance Security: Include when bank guarantees or performance bonds are required

6. Site Conditions: Add for projects where site conditions pose specific risks or challenges

7. Material Management: Include when contractor is responsible for material procurement and storage

8. Building Information Modeling (BIM): Add when BIM requirements are part of the project scope

Suggested Schedules

1. Schedule A - Scope of Services: Detailed description of construction services covered under the MSA

2. Schedule B - Rate Card: Standard rates for labor, equipment, and services

3. Schedule C - Standard Operating Procedures: Detailed procedures for project execution and management

4. Schedule D - Key Personnel: List of key personnel and their roles from both parties

5. Schedule E - HSE Requirements: Detailed health, safety, and environmental requirements

6. Schedule F - Quality Assurance Plan: Detailed quality standards and inspection procedures

7. Schedule G - Forms and Templates: Standard forms for work orders, change orders, and reports

8. Schedule H - Insurance Requirements: Detailed insurance coverage requirements and minimum limits

9. Appendix 1 - Technical Specifications: Standard technical specifications for construction work

10. Appendix 2 - Compliance Checklist: Regulatory and statutory compliance requirements

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


















































Clauses



















































Relevant Industries

Construction

Real Estate

Infrastructure

Commercial Development

Residential Development

Industrial Construction

Public Infrastructure

Healthcare Construction

Educational Infrastructure

Hospitality Construction

Relevant Teams

Legal

Operations

Commercial

Project Management

Procurement

Risk Management

Finance

Technical

Quality Assurance

Health and Safety

Site Operations

Contract Administration

Relevant Roles

Construction Manager

Project Director

Legal Counsel

Contract Manager

Chief Executive Officer

Operations Director

Procurement Manager

Risk Manager

Commercial Director

Project Manager

Site Supervisor

Quality Control Manager

Health and Safety Officer

Technical Director

Finance Director

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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