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Contract Between Builder And Subcontractor Template for India

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Key Requirements PROMPT example:

Contract Between Builder And Subcontractor

"I need a Contract Between Builder And Subcontractor for a commercial high-rise construction project in Mumbai, with specific provisions for green building compliance and phased completion over 18 months starting March 2025."

Document background
A Contract Between Builder And Subcontractor is a crucial document in the Indian construction industry that establishes the legal and operational framework for subcontracted construction works. This agreement is typically used when a main contractor needs to delegate specific portions of a construction project to specialized contractors. The document must comply with Indian contract law, construction regulations, labor laws, and state-specific building codes. It includes comprehensive details about scope of work, payment terms, quality standards, safety requirements, insurance obligations, and dispute resolution mechanisms. The agreement is particularly important for risk management and establishing clear lines of responsibility in construction projects, while ensuring compliance with regulations such as RERA and the Building and Other Construction Workers Act.
Suggested Sections

1. Parties: Identification of the Builder (Main Contractor) and Subcontractor with full legal names and addresses

2. Background: Context of the main construction project and the need for subcontracting specific works

3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules for interpreting the contract

4. Scope of Work: Detailed description of the works to be performed by the Subcontractor

5. Contract Price and Payment Terms: Amount payable, payment schedule, retention money, and billing procedures

6. Duration and Timeline: Project schedule, milestones, and completion dates

7. Subcontractor's Obligations: General and specific obligations including quality standards, labor, materials, and compliance requirements

8. Builder's Obligations: Builder's responsibilities including site access, information provision, and coordination

9. Safety and Compliance: Safety standards, statutory compliance, and regulatory requirements

10. Quality Control: Quality standards, inspection procedures, and approval processes

11. Warranties and Defects: Warranty period, defect liability, and remediation procedures

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

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

14. Dispute Resolution: Procedures for resolving disputes including mediation and arbitration

15. General Provisions: Standard clauses including notices, amendments, governing law, and severability

Optional Sections

1. Performance Security: Required when the project value is significant, specifying bank guarantees or other security requirements

2. Intellectual Property Rights: Needed when the work involves design elements or proprietary methods

3. Confidentiality: Required when sensitive information will be shared during the project

4. Force Majeure: Specific provisions for handling unforeseen circumstances and their impact on the project

5. Environmental Compliance: Required for projects with significant environmental impact

6. Labor Welfare: Detailed provisions for projects with significant labor component

7. Material Storage and Security: Required when substantial materials are to be stored on site

8. Equipment and Tools: Needed when specific equipment requirements or responsibilities need to be detailed

9. Variations and Change Orders: Detailed procedures for handling changes when significant variations are expected

Suggested Schedules

1. Schedule A - Scope of Work: Detailed technical specifications and drawings of the works to be performed

2. Schedule B - Bill of Quantities: Itemized list of works with quantities and rates

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

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

5. Schedule E - Quality Standards: Specific quality requirements and acceptance criteria

6. Schedule F - Safety Requirements: Detailed safety procedures and requirements

7. Schedule G - List of Approved Materials: Specifications and brands of materials to be used

8. Schedule H - Form of Performance Security: Format for bank guarantees or other security instruments

9. Appendix 1 - Site Rules and Regulations: Site-specific rules and procedures to be followed

10. Appendix 2 - Required Insurance Coverage: Details of insurance types and coverage amounts required

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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 Development

Infrastructure

Commercial Development

Residential Development

Industrial Construction

Public Works

Renovation and Restoration

Healthcare Construction

Educational Infrastructure

Hospitality Construction

Retail Construction

Relevant Teams

Legal

Operations

Construction

Project Management

Procurement

Quality Control

Health and Safety

Commercial

Risk Management

Compliance

Contract Administration

Relevant Roles

Project Manager

Construction Manager

Contract Administrator

Legal Counsel

Site Supervisor

Procurement Manager

Quality Control Manager

Safety Officer

Commercial Manager

Operations Director

Chief Engineer

Construction Director

Quantity Surveyor

Risk Manager

Compliance Officer

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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