SHANKESHWAR LANDMARK LLP

WORK ORDER

DATE :-
WORK ORDER SL(LLP)032A AMMENDMENT
16.12.2019
NO. / SES/ 2019-20 DATE: - ……………..

CONTRACTOR :
EMPLOYER:
M/s. Jagruti Plumbing Engineering
Works. M/s. Shankeshwar Landmark (LLP)

No.22, P.No 31/1, 2nd floor, Laxmiah #110/2,1st Floor

Building, 1st Main Road, 2nd Cross Krishnappa Layout, Lal Bagh Rd
Krinayanpalya, NGEF, Indiranagar Bangalore-560027
Post, Bangalore – 560 038 India. Tel :- +91 080 - 22 115 297/98
Email :- mohantyjb@gmail.com GST NO :- 29ACRFS3007L2ZK
Mob :- +91 86604 80235.
GST NO :- 29AXKPM9624R1ZB

Contact Person : Mr. Janaki Ballava

Mohanty
Sub :- Work order towards Plumbing works for Svamitva Emerald Square project,
Jigani Bommasandra link road, Anekal, Karnataka.

Dear Sir,

With reference to your quotation and as per the subsequent discussion we had with you, we
are pleased to place this work order on you for plumbing work as per the following
specification, terms and conditions.

Scope of Work:

The Scope of work includes wall cutting, installation & testing as per the Annexure -1. This
shall form a part of this contract, which includes the responsibility of coordinating with the
other agencies directly appointed by the Client for execution of other works and services
that are not covered under the scope of this contract.

Contract Value:

Total approximate value of work is Rs. 46,90,123/- Including taxes, (Rupees: Forty Six Lakhs
Ninety Thousand One Hundred and Twenty Three Only) this is an item rate contract and not
lump sum contract. Actual quantity of work done is measured and payment is made
accordingly.
The Total amount mentioned in the Annexure-II is firm inclusive of all taxes levis, men,
materials, transportation, loading, unloading, consumables, lead, lift, royalty, insurance,
labour welfare etc.,.

It is implied that you are strictly following all the statutory requirements and paying all the
taxes & duties applicable to you, as imposed by the local & central government. We shall not
reimburse any taxes even in any future time, towards this contract, as it is deemed to be
included in your price.

Mode of Measurement

This is an item rate contract and measurement shall be made as per IS 1200. Payment is
made for actual executed work at site only. All mode of measurement will be as per actual
executed as site.

Contractors shall submit bill against actual work completion at site dully certified by Project
in charge. However, Contractors shall raise his invoices/RA Bills against actual work
completed and recommended for making payments. Each bill shall be submitted along with
the QC reports and other applicable Tax deposits and duly certified by the project manager.
Payable amount of bill shall be paid within 21 days after final certification of each bill. It is the
responsibility of the Contractors to claim for only completed work and the Client reserves the
right to hold the payment if claims includes the works that are still under progress at the time
of raising the bills. All bills should be in fair copies in duplicate and free from any scratches /
overwriting / corrections etc.

Running Account Bills & Retention

Contractors shall submit monthly RA bill against completion of each activity mentioned in the
payment schedule. The above activity and the payment against the same are derived by
considering all the towers. However, Contractors shall raise his invoices/RA Bills tower-wise
and above mentioned % against each activity shall be proportionately considered for each
tower and recommended for making payments. Each RA bill shall be submitted along with the
reconciliation statements and proof of making WCP and Group insurance and other applicable
Tax deposits and duly certified by the project manager.
Payment of 70% of the payable amount of each RA bill shall be paid within 15 days of
submission of each RA bill and the balance shall be paid within 30 days upon certification. It
is the responsibility of the Contractors to claim for only completed activities and the Land
Owner reserves the right to hold the payment if claims includes the works that are still under
progress at the time of raising the bills. All bills should be in fair copies in duplicate (one for
site and one for head office) and free from any scratches / overwriting / corrections etc.
5% from each bill shall be held back towards retention and the same shall be returned
without any interest upon completion of defect liability period (DLP) of 60months. This
retention amount shall be released upon completion of one year from the date of handing over
the project against Bank Guarantee or Corporate Guarantee/Indemnity Bond in lieu of the
same for an equal amount of the retention money, valid till the completion of DLP. However,
Land Owner prefers to have the Bank Guarantee and the Contractors shall promptly put his
efforts to produce a Bank Guarantee from any Nationalized Banks.
All the bills shall be accompanied with the proof of remittance of WCP / Group Insurance and
GST and reconciliation statements etc.

Defects Liability Period

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This shall be for a period of 12 months from the date of successful completion and handover
of the project. This shall cover any or all the defects that may arise in the works due to poor
workmanship of the works executed by the Contractors. Contractors shall be liable to rectify
all the defects during this period free of cost and shall abide by all the applicable rules and
acts including the latest RERA on behalf of the Land Owner. It is also the responsibility of the
Contractors to update himself on applicable Laws and Acts that are being introduced by the
State/Central Governments from time to time. Contractor’s innocence or ignorance of any
applicable Act or Law shall not be a reason to relieve him from discharging his
responsibilities.

Payment terms

After completion of 100% work including testing, bill needs to be raised by the contractor with
necessary supporting documents, bills duly certified by the Project Manager at site. Income
tax will be deducted at the prevailing rates and TDS certificate will be issued.

Mode of Payment

You are required to hold a valid Bank Account with a recognized bank and provide details of
the same to us in writing, you are also required to provide us your IT/PAN number for our
records and all payments shall be trough bank

Project duration

The Contractors is deemed to be aware that time is of the essence in this Contract and to have
included for the costs for any necessary steps to complete the works in accordance with the
project schedule.
It is envisaged to complete the project in all respects and handover the project to various
home buyers on or before December 2020. The scope covered under this contract shall be
completed in the following manner:

Project Schedule

Svamitva Emerald Square

Plumbing Works
Work completion
Sl. No Towers
at site

1 Tower C 03 Oct '20

2 Tower D 01 Sep '20

3 Basement 28 Aug '20

4 Terrace 02 June '20

UG & STP
5 11 Aug '20
Pumps

ALLOWABLE WASTAGE

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It is the responsibility of the Contractors to unload all the Land Owner supplied materials that
are covered under his scope of works. For all other works, the Contractors, in the best interest
of the project, shall assist with his manpower in loading/unloading on mutually agreed terms
on a case to case basis.

Contractors shall diligently use the materials supplied by the Land Owner for construction
purposes and ensure minimum wastage due to negligence, carelessness or in any manner.
The permissible wastages are as under:

Sl. Free issued by

Material Wastage
No. Land Owner
Limit

Pipe and Pipe Fitting &

1
accessories 5%

2 CP & Sanitary Fittings NA

0%

However any and all damages that may happen due to mishandling of materials supplied by
Land Owner shall be replaced by the contractor free of Cost. For all the other materials the
wastage is Zero percent.

If the wastage crosses the above mentioned limits, then 1.5 times the procurement rate of
materials shall be recovered from the amounts payable to the Contractors. Reconciliation
statement for material supplied has to be submitted with every running bill upon certification
of the Project-in-Charge.

Liquidated Damages for delay in completion

If the contractors fails to fulfill his/their obligations under this contract as specified in the
scope of work in the defined and specified scheduled time period, he/they shall pay to the
Land Owner as liquidated damages, not as penalty a sum equal to one percent (1.0%) of
incomplete portion of contract to ten percent (10%) of the incomplete portion of the contract
per week of delay.
The Land Owner may without prejudice to any other method of recovery, deduct the amount
of such liquidated damages from the monies in his hands due to the contractors or which may
become due to the contractors. The payment or deduction of such damages shall not relieve
the contractors from his/their obligation/ liabilities to complete the work and demonstrate the
performance or from any of his/their other obligations and liabilities under the contract.
The Contractors shall be responsible for any issues/eventuality with respect to his/their work
and shall rectify the same at his/their own costs. The Contractors shall be responsible for all
direct and indirect damages suffered by the Land Owner due to any such issues/ eventuality.
The Contractors shall be responsible and liable for all third party claims and damages
suffered due to any deficiency in its work or any direct and indirect issues/ eventuality with
respect to the work executed by him.

Taxes

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Taxes as applicable presently, and as and when enforced by the law, shall be deducted at
source.

Variation in rates

The rates mentioned are inclusive of all taxes and duties including loading, transportation,
unloading at site, lead, lift, erection, consumables, commissioning, insurance, premium,
royalty, etc., No escalation whatsoever will be applicable on the price due to any reasons. We
presume that you are completely full filling all statutory requirements with respect to the local
and central government tax structure and maintaining all records as per the requirements.
We shall not reimburse any cost towards non-payment of taxes by you during the currency of
the project or in the future.

Termination of the Contract

In case of poor progress of work, we reserve the right to suspend your operation of this
contract without assigning any reason. Payment to you on such a case shall be made to you
for the actual and satisfactory work done up to that stage after deduction for any loss that we
may have to suffer due to your default.

Contractor’s Obligations:

Contractors shall solely be responsible to ensure a good quality workmanship, safety and
security of manpower and equipment deployed by him, storing and reconciling the Land
Owner supplied materials, compliance to applicable labour laws etc. Some of the obligations
are as follows:

1 The layout plans, general building plans, detailed plumbing drawings and other drawings
shall be and remain the property of the Land Owner. All the drawings shall remain in
custody of the contractors during the progress of the work and they shall deliver them to
the Land Owner on the performance of the said works or termination of the contract.
2 The Contractors shall supervise the execution of the project and shall appoint and
constantly retain at keep upon suitably skilled, technically qualified, experienced
supervision team. Contractors shall deploy a team of technical and support staff
progressively.
3 The Contractors shall make his own arrangements for the engagement of labour, local or
otherwise, and for their transport, housing and payment. Contractors shall ensure proper
housing for labour with necessary drinking water and toilet facilities at his/their costs
and risks at any premises suitable to them outside the project site area. All labour/s
engaged by the Contractors shall be and remain the employees of the Contractors and no
claim shall lie against the Land Owner by them or Contractors and any person claiming
on their behalf against the Land Owner in respect of any right or benefit due to them in
their employment. No labour will be allowed to stay on site and the Contractors shall
make his/their own arrangement for the same outside the project site area complying
with basic hygiene standards. Contractor shall also provide necessary medical facilities to
the workmen deployed by him and ensure periodic medical check-ups / health camps
conducted by competent doctors. No women labour is allowed to work between 6 pm and
9 am on any given day. Deployment of child labour is strictly prohibited. However, it is
the sole responsibility of the contractor to create and provide ‘day care’ facilities for the
children of the labour both at the workplace and at the accommodation provided for the
labour by the contractor.
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4 Contractors shall solely be responsible for complying with applicable labour laws and
ACTS. If the Contractors desire to work on any holidays, he/they shall ensure compliance
to Minimum Wages Act and applicable norm associated with. Copies of the monthly
payments made towards WCP / Group Insurance shall be submitted along with each RA
bill. The Land Owner shall, on a report from the competent authority, have the power to
deduct from the monies due to the Contractors any sum notified under the provisions of
the relevant Act.

The Contractors shall indemnify the Land Owner against all or any payments to be
made under and for the observance of any Statutory Act, Laws, Rules and Regulations
aforesaid related to Civil, Criminal and labour enactment compliances without prejudice
to his/their right to claim indemnity from his/their Sub-Contractors. Land Owner
reserves the right to avail Workman Compensation Policy at the costs and risks of the
Contractors or his/their sub-contractor/s or the workforce deployed by the Contractors.
Contractors shall also be deemed to indemnify the Land Owner including but not limited
to the following;
 Contractors shall fully comply with ‘Building & Other Construction Workers (Regulation
of Employment and Condition of Services) Act 1996. Contractors shall be treated as
employer within the meaning of Section 2 (i) (iii) of the said Act.
 All the claims of any labour, 3 rd party/ies, neighbors, general public, statutory
authorities etc regarding any or all safety compliance during construction and violations,
if any.
 Violation of any act and any prosecution thereof, Contractors shall be liable as
employer in accordance with the above said act/s.
 It will be the responsibility of the contractor to update and keep all applicable
insurances related to all tools, tackle and equipment deployed by him on site. He shall
also regularly avail and maintain necessary FCs (fitness certificates) certified by the
competent authorities and a copy of the same shall be available at project site office all
the time.

Labour Laws

During continuance of the contract, the Contractors and his/their Subcontractors shall
abide at all times by all existing labour enactment/s and rules prevalent and all
regulations, notifications and bye laws of the State or Central Government or local
authority and any other labour law (including rules) regulations, bye laws that may be
passed or notification that may be issued under any labour law in future either by the
State or Central Government or the local authority. The Contractors shall keep the Land
Owner indemnified in case any action is taken against the Land Owner by the competent
authority on account of contravention of any of the provisions of any Act or rules made
there under, regulations or notifications including amendments.

If the Land Owner is caused to pay or reimburse such amounts as may be necessary to
cause or observe, or for non-observance of the provisions stipulated in the
notifications/bye laws/Acts/Rules/regulations including amendments, if any, on the
part of the Contractors the Land Owner shall have the right to deduct any money from
the Contractors. The Land Owner shall also have right to recover from the Contractors
any sum required or estimated to be required for making good the loss or damage
suffered by the Land Owner .

The employees of the Contractors and the Subcontractors in no case shall be treated as

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 the employees of the Land Owner at any point of time.

The Contractors shall comply with the current provisions of such laws and shall comply
with any other laws related to the execution of the Works.

• Workmen Compensation Act 1923

• Payment of Gratuity Act 1972
• Maternity Benefit Act 1951
• Contract Labour (Regulation & Abolition) Act 1970
• Minimum Wages Act 1948
• Payment of Wages Act 1936
• Equal Remuneration Act 1979
• Payment of Bonus Act 1965
• Industrial Disputes Act 1947
• Industrial Employment’s (Standing Orders) Act 1946
• Trade Unions Act 1926
• Inter-State Migrant workmen’s (Regulation of Employment & Conditions of
Service) Act 1979
• The Building and Other Construction workers (Regulation of Employment and
Conditions of Service) Act 1996 and the Cess Act of 1996

5 It is the sole responsibility of the Contractors to ensure safety of the workforce deployed
by him/them on site. The Contractors shall provide necessary PPE. Contractors shall restrict
any injured/sick worker from working onsite until the worker becomes fit and healthy.

Contractor is advised to note that safety shall be of paramount importance. No dilution in any
form is accepted on safety related issues and the Contractors will be required to engage only
those workmen who are trained to take up such type of works on this project. The Contractors
shall ensure and provide all safety precautions required for construction like Barricading, Life
lines, Site Signage Warnings, Safety gear like Helmets, safety shoes, safety belts, reflective
jacket, gum boots, hand gloves, Safety Spectacles, Dust masks etc., for the workers and staff
etc. The quoted rate is deemed to include all costs in this regard. Suitable penalty will be
levied on every lapse in Safety at the sole discretion of the Project – in - Charge. If the lapses
are found in spite of repeated advice, Land Owner reserves the right to stop the works, which
will resume only after written assurance from Contractors after paying the penalty. The
Contractors shall solely be held responsible for all actions/inactions, causing/making to
cause, doings/wrong doings etc related to the safety and life of the workmen. Contractors
shall be solely responsible for any/all accidents/death etc., of any workmen, labour,
supervisory staff, third party etc which may occur as a result of wrong practice, negligence or
for whatsoever reasons.

6 The Contractors shall avail necessary scaffolding and supporting systems from civil
contractor free of cost and shall ensure zero accidents.

7 The Contractors shall make his/their own arrangements for drinking water and toilet
facilities for the workers on site. Contractors shall ensure no worker eats/spits pan anywhere
on site and no smoking all the time in the project site premises. Contractors shall be liable for
a penalty up to Rs. 500/- per fault if found violating. Use of alcoholic liquor, drugs or smoking
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is inside the project site premises id strictly prohibited.

8 Contractors shall ensure all the time housekeeping and maintain the project site in a
neat and tidy condition. Contractors shall clear all the construction debris from all levels and
the same to be collected at one point at site as per the instruction of the Engineer in charge
and disposed regularly at his cost.

9 Contractors shall protect the works done by other agencies appointed by the Land
Owner and extend his/their complete cooperation in the best interest of the project.
Contractors shall discuss on overall project planning and work closely with the other agencies
appointed by the Land Owner to ensure the project is executed in a proper sequence.
Contractors shall be responsible for complete coordination with all other agencies and shall
allow other agencies to use his tools, tackle and equipment if the need be, free of cost. This
includes providing scaffolding as per the requirements of the Lift Vendor.

10 Contractor’s tools, tackle and equipment to be deployed shall include but not limited
the following:

 Drilling machine
 Cutting machine
 Crimping machine
 Chipping machine
 PPE including safety jackets, helmets, belts, tapes and signage’s etc along with other
safety measures to be practiced for working at heights.
 Contractor shall ensure proper lighting and keep all the places properly illuminated at
all levels and maintain a safe workplace all the time, and shall be responsible for
security of the Land Owner supplied materials, including establishing and maintaining.
 Besides the above, other necessary tools and tackle required for satisfactory
completion of the project shall be deployed by the Contractor.
 Contractor shall prepare and provide Plumbing schedule in co ordination with civil
contractor for preparation of complete project schedule and clearly mentioning the
requirement of all materials etc.

In a net shell all the tools and tackles shall be arranged by the contractor and only cutting
blades for cutting machine shall be provided by the Land Owner.

11 Contractors to ensure maintaining copies of updated and approved drawings and

documents all the time. All the old drawings to be immediately
discarded/destroyed/returned back to avoid confusions.

12 Contractors shall request for issue of materials through indents in the prescribed
formats through the Project-in-Charge. Contractor shall raise his indents with a minimum
advance notice for various materials as per agreed time lines with project in charge.

Contractors shall make all necessary arrangements for any inspections required by the Land
Owner / Land Owner representatives / design consultants at your cost pertaining to your
scope of works.
13 Contractors shall supply labour with necessary tools & tackle for miscellaneous works
if desired by the Project-in-Charge at the following rates during the project duration.

 Plumber: Rs. 750.00 Per day

 Helper: Rs. 600.00 per day
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The Contractors shall keep a record of such labour consumption by the Land Owner and shall
submit a bill for the same duly certified by the Project-in-Charge along with the RA Bills.

14 The Contractors shall prepare, maintain and submit daily report starting from wall
chasing works to the Project-in-Charge in the prescribed format. The Contractors shall
prepare fortnightly reports of planned and actual progress of work, Stock statements. These
reports shall be submitted to Project Manager/ Project-in-Charge and shall be reviewed in
weekly co-ordination meeting.

The Contractors shall submit monthly report along with monthly bills. The reports shall
include photographs taken from pre-determined locations, which illustrate progress of the
work and shall include the following:

 Physical & financial progress of the project (planned v/s achieved)

 Material reconciliation statements
 Plant and Equipment Schedule.
 Material delivery Schedule.
 Bottleneck issues, if any.

The Contractors shall feel free to highlight any bottleneck issues or matters that may affect
the project progress immediately without any hesitation at any point of time on top priority.
The same with the remedial measures taken can be captured in the reports at a later date.

The submission to and approval by the project Manager/ Project-in-Charge of such

programs / reports or the furnishing of such particulars shall not relieve the Contractors of
any of his/their responsibilities and liabilities.

15 All Constructional Plant, Temporary Works and materials when brought to the Site
shall be deemed to be exclusively intended for the execution of the project and shall become
and remain the property of the Land Owner. The Contractors shall not remove the same or
any part thereof, without the consent, in writing, of the Land Owner, which shall not be
unreasonably withheld.

16 The Contractors shall immediately remove / rectify all such works which in the opinion
of the Project Manager/ Project-in-Charge are defective or unsuitable. It is the responsibility of
the Contractors to re-do all such defective works to the satisfaction of the Project Manager/
Project-in-Charge at no additional costs.

17 During the progress of the Works, the Contractors shall keep the site reasonably free
from all necessary obstructions and shall store or dispose of any debris, wreckage, rubbish etc
on a daily basis/regularly. Contractor shall also adopt suitable dust suppression measures to
minimize spreads of dust that may be generated due to any reasons during any stage of
construction.

18 The Contractors shall strictly adhere to the following

 Applicable technical specifications

 Approved designs and drawings
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 Prescribed QA/QC norms and check-lists
 Safety, Health & Environment management systems as desired by the Land Owner.
 Comply with approved method statement for execution of various items of works.
 Prepare and get the same approved for missing items, if any.

19 To comply with all the Green Building requirements stipulated by IGBC.

20 Contractors shall ensure and follow the Following Terms :

 Work can be carried out on Holidays / Sundays / after shift hours (night) with prior
permissions from Land Owner and concurrence from Project In charge and the same
ought to be under supervision of Contractors
 Temporary barricading has to be done by you, wherever required to safeguard the
movements.
 Strictly follow all the safety precautions at site including regulations stipulated /
directed by Land Owner. Also safety precautionary boards to be displayed at key
locations.
 All Employees and workmen should be given appropriate safety equipments like
helmets, safety belts, shoes etc., and you should enforce its use by them in the work.
You shall follow all safety norms as per industry standards. If safety norms are not
followed in the site, the Contractor shall be penalized for the same.
 Maintain and ensure the following while carrying out the work.
a) Aesthetics, b) Squareness, c) Straightness, d) Cleanliness;
 To keep the area of working clean and tidy during construction on day to day basis.
Good housekeeping shall be given high priority. Scrap shall be cleared as and when
generated by you at site.
 Ensure that workmen are paid as per the Minimum Wages Act and all your workmen at
site shall be covered under PF and ESI and any rules stipulated by LAND OWNER.
 Contractors shall be responsible for security of your material at site.
 Contractors shall ensure 'No Smoking' inside the building.
 Contractors shall submit his month wise resource planning based on project schedule
submitted and his resources will be reviewed each month and accordingly it will be
modified by Land Owner / Architect & Contractors is bound to increase resources to
catch up backlogs if any.
 Contractors should submit Plant & Machinery & tools and tackels list to be deployed to
be approved by Land Owner before start of works.
 Contractors should submit quality Assurance Plans for the projects to be approved by
Land Owner.
 The formats for daily, weekly and monthly progress report will be approved by Land
Owner / project manager and Contractors should submit reports in accordingly.
 Monthly productivity achieved for different categories to be submitted.
 Monthly forecast cash flow statement to be given by Contractors.
 The Contractors should submit both hard and soft copies of all progress reports, Photo
graphs – 4 copies minimum.

21 NON ASSIGNABILITY:

The rights and obligations of the Contractors as provided herein shall not be transferred or
assigned without the prior written consent of the Land Owner . Scope of services as
specifically mentioned in the Annexure-1 shall not be assigned or sub-let/sub-

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contracted/sub-delegated to any other party and in the event of such a disclosure, the
Contractors shall be held fully responsible for the actions of the third party and Land Owner
reserves right to terminate the contract.

22 Contractors to provide everything necessary:

The Contractors shall provide everything necessary for the proper execution of the works
according to the intent and meaning of the drawings, schedule of quantities and specification
taken together whether the same may or may not be particularly shown or described therein
provided that the same can reasonably be inferred there from, and if the Contractors finds any
discrepancy in the drawings or between the drawings, schedule of quantities and
specification, he shall immediately and in writing refer the same to the Land Owner /
Architect/ Project-in-Charge who shall decide which is to be followed.

23 Setting Out:

The Contractors shall be responsible for the true and proper setting out of the works. He/they
shall be responsible for the proper maintenance of all reference benchmarks, stakes and other
evidences existing in the field required in connection with the setting out of works at his/their
own cost till physical completion of all the items of work or prior to that if agreed to by the
Architect/ Project-in-Charge.

24 Land Owner ’s Obligations:

Land Owner, through his representatives shall extend complete support and cooperation in
the best interest of the project. The following are the obligations which shall be abided by the
Land Owner:

1. Providing all construction materials free of cost as per the approved indents from the
Contractor.
2. Providing water and power at one point on the site free of cost depending upon the
availability. However, the Contractors shall make necessary distribution arrangements. The
Contractors shall provide all necessary artificial lighting both internally as well as externally
within project site premises and ensure safe working condition.
The possession of the project site shall under all circumstances and at all times be with the
Land Owner. Providing rent free space to the Contractors to establish his site office, store etc
on site. The Contractors shall have all these facilities built at his/their own costs and risks.
Contractors shall study the site conditions and locate these facilities in consultation with the
project-in-charge in such a way that it will not come in the way of day-to-day working.

25 Parting ways:

The project is envisaged to be completed in all respects on or before 31 st December 2019.

However, the Land Owner shall intimate in writing if he decides to foreclose or abort or stop
the project in the midway. Payments in such a case shall be made for the satisfactory works
executed by the Contractors till such date if intimation on prorate basis.
Nonetheless, the Land Owner reserves the right to terminate this contract if the Contractors:

a) Fails to carry out the works in conformity with the required quality / workmanship
standards conforming to relevant IS codes, prescribed specifications and approved
drawings; or

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 b) Fails to carry out the works as per applicable safety norms & standards; or
c) Fails to carry out the works in accordance with the agreed timeframe mentioned above;
or
d) Fails to supply sufficient or suitable constructional plant, equipment, temporary works,
labour; or
e) Fails to comply with applicable statutory requirements with regards to GST, labour
laws etc.
f) Abruptly abandon the works

Any of the above shall be considered as breach of the Contract and in such a case, Land
Owner will issue a notice to rectify such breach or default within 07 calendar days of issue of
the said notice.
If the Contractors fails to take any remedial action within 07 calendar days after receipt of the
said notice, Land Owner may upon giving a further 7 days’ notice to the Contractors,
terminate the Contract; expel the Contractors from the Site. In such case, Land Owner
reserves the right to take the ownership of the plant, equipment and other resources deployed
by the Contractors and/or get the balance works executed by other agencies, at the risk and
cost of the Contractors.
In case the contract is terminated due to the faults attributable to the contractor, the
temporary structure built by the contractor automatically becomes the property of the Land
Owner.

26 Insurance & failure to insurance:

Without limiting his obligations and responsibilities as mentioned supra, the Contractors
shall provide necessary Insurance in terms approved by the Land Owner, to cover the
following in the joint names of the Land Owner and the Contractors and a copy / copies of
the policy / policies shall be furnished to the Land Owner within 15 days from the award
of the contract. Contractors should reimburse the amount and no payment is payable
against this by the Land Owner.
a] Workmen's Compensation in accordance with latest, revised statutory provision;
b] Contractors tools, tackles and machinery;
c] All risks to materials during transit;
d] Any other Insurance required for fully indemnifying the Land Owner from any claim that
may arise on account of the Contractors' operations at site.
e] Sub-contractors are covered under insurance.
f] Insurance on materials supplied by Land Owner and dumped on site.
g] Personnel from Land Owner side, visiting consultants and their personnel shall be
covered under the insurance.
h] This insurance shall be for the entire period of the contract and valid till the work
completion certificate is issued.
i] All documents pertaining to insurance shall be submitted to the Land Owner with full
details including dates of renewal.

27 SEVERABILITY:

If any provision of this Agreement is held to be illegal, invalid or unenforceable in whole or in

part in any jurisdiction, this Agreement shall, as to such jurisdiction, continue to be valid as
to its other provisions and the remainder of the affected provision; and the legality, validity
and enforceability of such provision in any other jurisdiction shall be unaffected.

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 28 AMENDMENT OF AGREEMENT AND ENTIRE AGREEMENT:

No understanding or representation which would have the effect of altering any term,
obligation or condition of this Agreement shall bind either of the parties unless
incorporated in this Agreement in writing.

Each party acknowledges that in entering into this Agreement it is not relying upon any
representation, warranty, promise or assurance made or given by the other party or any
other person, whether or not in writing, at any time prior to the execution of this
Agreement which is not expressly set out in this Agreement, provided that this shall not
exclude any liability which either party would otherwise have to the other in respect of
any statements made fraudulently by that party prior to the date of this Agreement.
This agreement can be amended in writing upon mutual agreement by both the parties.

29 NOTICES:

Any notice to be given under this Agreement shall be in writing and shall be delivered or
sent by pre-paid first class recorded delivery post or facsimile transmission to the
aforementioned address
Notices will be deemed to be given:
(a) five (5) days after deposit in the mail with postage prepaid;
(b) When delivered by hand; or

30 WAIVER:

1 The failure or delay by either party in exercising any right, power or remedy of that party
under this Agreement shall not in any circumstances impair such right, power or remedy
nor operate as a waiver of it. The single or partial exercise by either party of any right,
power or remedy under this Agreement shall not in any circumstances preclude any
other or further exercise of it or the exercise of any other right, power or remedy.

2 Any waiver of a breach of, or default under, any of the terms of this Agreement shall not
be deemed a waiver of any subsequent breach or default and shall in no way affect the
other terms of this Agreement.

31 Force Majeure:

Neither the Land Owner nor the Contractors shall be considered in default in
performance of the obligations herein if such performance is prevented or delayed by
events such as, but not limited to, War, Hostilities, terrorist strikes Conflagration,
epidemics, accidents, Fire, Revolution, Riots, Civil commotion, Strike, Lock - Out, Flood,
drought, earthquake, invasion or of any act of God, or of any cause beyond the
reasonable control of the party affected, provided notice (in writing of any such cause
with necessary evidence that the obligation herein is thereby affected or prevented or
delayed) is given latest within 10 (ten) days from the date of happening of such event.
As soon as the cause of force majeure has been removed, the party whose ability to
perform its obligation has been affected shall notify the other of such cessation and of
the actual delay incurred in such affected activity adducing necessary evidence of a case
of force majeure, the obligations of the party affected shall be suspended during the
continuance of any inability resulting there from till the time such inability is removed
and the agreed time of completion of the respective obligations, shall stand extended by
the period equal to the approved period of delay occasioned by such events.
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 32 This agreement shall be executed in duplicate. The original shall be retained by the
Land Owner and the duplicate by the Contractors.

33 Appendices to be part of this Agreement:

 Annexure 1: Scope of Work

 Annexure 2: BOQ (Tower C, D, Basement, GF & Terrace Floor works )

As a token of acceptance of this order, we request you to kindly send the duplicate copy you’re
your official stamp.

We look forward to your fruitful association with us on this project.

AUTHORIZED SIGNATORY AUTHORIZED SIGNATORY

…………………………………………….. ………………………………………………
(Seal & Signature) (Seal & Signature)
Director
Shankeshwar Landmark (LLP) M/s. Jagruti Plumbing Engineering
Name :- Works
Date:- Name :-
Date:-

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 Annexure – 1: The Scope of Work/Services.

The scope covers entire Plumbing works that are to be executed within and including
the compound wall/gate excluding the following:

 Tower C & D Internal & Shaft works

 External works (Including Basement, Ground floor & Terrace floor)

The assignment is purely a labour contract and all the materials except cutting blade,
hand tools & power tools (which are under the scope of the Contractor) are supplied by
the Land Owner free of cost for construction purpose. The contract value is mentioned
in the enclosed Contract Agreement. The rate is fixed for the whole project duration and
shall include all necessary lead, lift, shifting, tools, tackles, equipment, testing
commissioning as per IS standards and codes of practices etc that may be required to
complete the project as per required quality and workmanship standards.

It is the duty and responsibility of the contractor to ensure compliance of works and
workmanship either as per the technical specifications provided by the design
consultants or as per applicable IS standards and codes of practices in the absence of
the same.

The scope shall also include but not limited to the following:

1. All Plumbing works at all levels.

2. All basic and necessary civil works including required repair works related to
Plumbing works including packing of the holes / chased lines etc. Final packing
shall be done by the civil contractor.
3. Extracting quantity of items to be provided by the Land Owner and providing a
procurement schedule
4. Preparation of as built drawings.
5. All the chasing/cutting works should be done by using cutting machines and other
appropriate tools & tackle. Basic packing of all chased areas upto block work
including mesh fixing shall be under the scope of the civil contractor.
6. CP & Sanitary fixtures works.
7. Clubhouse works.

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