DESIGN-AND-BUILD OFFICE FIT-OUT CONTRACT
BETWEEN
__________, of __________ ("the Client", which expression shall include the Client's successors, legal representatives and permitted assigns), of the ONE PART;
AND
__________, of __________ ("the Contractor", which expression shall include the Contractor's partners, legal representatives and permitted assigns), of the OTHER PART.
The Client and the Contractor are together "the Parties".
1. THE PREMISES AND THE WORK
1.2 The Contractor agrees to design and build the fit-out of the Premises on a single-point-responsibility basis, being both the design and the execution, in accordance with the brief and scope below and the drawings approved under clause 2 ("the Work").
1.5 All materials shall conform to the specifications agreed in the approved drawings and material schedule. The Client or the Client's representative may inspect materials and workmanship at any reasonable time before they are fixed or concealed.
2. DESIGN AND APPROVAL OF DRAWINGS
2.1 Before starting work, the Contractor shall prepare and submit to the Client the layout plan, the ceiling, electrical and flooring drawings, and a material schedule for the Work.
2.3 The Contractor shall not begin any part of the Work that depends on a drawing until the Client has approved that drawing in writing. Drawings approved in writing form part of this Contract.
2.4 The Contractor shall prepare the design with the reasonable skill and care expected of a professional fit-out firm and so that the finished Work is fit for the use stated in the brief. The Client's approval of a drawing does not relieve the Contractor of responsibility for an error in it.
3. PRICE, BOQ AND PAYMENT
3.6 Any change to the approved drawings or the BOQ, whether an addition, omission or substitution, shall be made only by a written variation order signed by both Parties stating the change in price and in time. The Contractor shall not be entitled to payment for extra work done without such an order.
4. TIME FOR COMPLETION
5. PERMISSIONS, SAFETY AND LABOUR
5.4 The Contractor shall follow the building's rules for working hours, material movement and waste, and is responsible for any damage the Work causes to the building, its common areas and other occupiers' premises.
5.5 The Contractor is solely responsible for the safety of its workmen and for compliance with applicable labour law in respect of their wages, provident fund, employees' state insurance and any welfare cess, and shall keep the Client indemnified against any claim arising from the Contractor's failure to do so.
6. HANDOVER AND SNAG LIST
6.1 On completion, the Contractor shall give written notice to the Client, and the Parties shall jointly inspect the Premises within a reasonable time.
6.2 The Client shall record in a written snag list every item that is incomplete, defective or not in accordance with the approved drawings. The snag list shall be signed by both Parties, and any item they dispute shall be marked as disputed.
6.4 The final payment under the payment schedule falls due only after the snag list has been cleared. The Client's taking possession or beginning use of the Premises does not waive any item on the snag list.
7. DEFECT LIABILITY
8. TERMINATION
8.1 Either Party may terminate this Contract on a material breach by the other that remains uncured for fifteen days after written notice, without prejudice to any amount already due.
9. DISPUTE RESOLUTION
10. GENERAL
10.1 This Contract, together with the approved drawings, the BOQ and any signed variation order, is the entire agreement between the Parties on the Work and supersedes any earlier discussion.
CLIENT
_________________
__________
CONTRACTOR
_________________
__________
WITNESSES
- 1. _________________
- 2. _________________