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Stipulated Price Contract for India

Stipulated Price Contract Template for India

A Stipulated Price Contract, governed by Indian law, is a comprehensive agreement where the contractor agrees to perform specified work or provide services for a fixed price. This contract type, commonly used in construction and infrastructure projects across India, provides cost certainty to the client while placing the risk of cost overruns on the contractor. The agreement incorporates detailed scope specifications, quality standards, and completion timelines, all governed by Indian legislation including the Indian Contract Act, 1872, and relevant industry-specific regulations. It includes specific provisions for payment schedules, performance standards, and dispute resolution mechanisms aligned with Indian legal requirements.

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What is a Stipulated Price Contract?

The Stipulated Price Contract is a fundamental agreement type in Indian commercial transactions, particularly suited for projects where the scope can be clearly defined and quantified. This contract type is extensively used across India when parties seek price certainty and clear risk allocation in their commercial relationships. The document encompasses comprehensive terms covering scope, quality standards, timeline, and payment terms, all structured within the framework of Indian law, particularly the Indian Contract Act, 1872, and various sector-specific regulations. It's especially valuable in construction, infrastructure, and large-scale service projects where budget certainty is crucial. The agreement typically includes detailed specifications, making it suitable for projects where the requirements can be well-defined upfront and where changes during execution are expected to be minimal.

What sections should be included in a Stipulated Price Contract?

1. Parties: Identification and details of the contracting parties including their registered addresses and authorized representatives

2. Background: Context of the agreement, relationship between parties, and brief description of the project or work scope

3. Definitions: Detailed definitions of terms used throughout the contract to ensure clear interpretation

4. Scope of Work: Detailed description of the work, deliverables, or services to be provided under the contract

5. Contract Price: Clear statement of the stipulated/fixed price, including any applicable taxes and duties

6. Payment Terms: Payment schedule, milestones, invoicing requirements, and payment methods

7. Timeline and Completion: Project schedule, milestones, completion criteria, and delivery dates

8. Quality Standards: Required quality standards, specifications, and acceptance criteria

9. Obligations of the Contractor: Detailed responsibilities and obligations of the party providing the work/services

10. Obligations of the Client: Responsibilities and obligations of the party receiving and paying for the work/services

11. Warranties and Representations: Warranties regarding work quality, compliance with laws, and capacity to contract

12. Indemnification: Mutual indemnification clauses protecting parties against losses and damages

13. Force Majeure: Provisions for handling unforeseen circumstances that prevent contract performance

14. Termination: Conditions and procedures for contract termination, including notice periods

15. Dispute Resolution: Procedures for resolving disputes, including arbitration provisions

16. Governing Law: Specification of Indian law as governing law and jurisdiction

17. Notices: Process and addresses for serving formal notices under the contract

18. General Provisions: Standard boilerplate clauses including entire agreement, amendments, and severability

What sections are optional to include in a Stipulated Price Contract?

1. Insurance: Required when specific insurance coverage needs to be maintained by either party

2. Confidentiality: Required when sensitive information will be shared during project execution

3. Intellectual Property Rights: Needed when the work involves creation or use of intellectual property

4. Performance Security: Include when contractor must provide performance bonds or guarantees

5. Health and Safety: Essential for construction or high-risk projects

6. Environmental Compliance: Required for projects with environmental impact considerations

7. Subcontracting: Include when subcontractors may be engaged

8. Site Access and Conditions: Relevant for construction or on-site work contracts

9. Variations and Change Orders: Include for complex projects where scope changes might be needed

10. Liquidated Damages: Include when specific damages for delay or non-performance need to be pre-agreed

What schedules should be included in a Stipulated Price Contract?

1. Schedule A - Detailed Scope of Work: Comprehensive technical specifications and requirements

2. Schedule B - Price Breakdown: Detailed breakdown of the stipulated price including unit rates if applicable

3. Schedule C - Project Timeline: Detailed project schedule with milestones and completion dates

4. Schedule D - Quality Standards and Specifications: Detailed quality requirements and acceptance criteria

5. Schedule E - Payment Schedule: Detailed payment milestones and requirements

6. Schedule F - Key Personnel: List of key personnel from both parties responsible for project execution

7. Schedule G - Forms and Procedures: Standard forms for notices, change orders, completion certificates

8. Schedule H - Site Information: Site details and conditions (if applicable)

9. Appendix 1 - Technical Drawings: Relevant technical drawings and designs

10. Appendix 2 - Performance Standards: Detailed performance standards and testing procedures

Authors

Alex Denne

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

Jurisdiction

India

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions






















































Clauses

















































Relevant Industries

Construction

Infrastructure Development

Manufacturing

Information Technology

Engineering Services

Real Estate Development

Industrial Projects

Energy and Utilities

Telecommunications

Healthcare Infrastructure

Relevant Teams

Legal

Procurement

Finance

Operations

Project Management

Commercial

Risk Management

Technical Services

Construction Management

Contract Administration

Relevant Roles

Project Manager

Contract Manager

Chief Financial Officer

Legal Counsel

Procurement Manager

Commercial Director

Construction Manager

Technical Director

Risk Manager

Cost Controller

Operations Director

Site Supervisor

Quantity Surveyor

Chief Executive Officer

Financial Controller

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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