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Condition of Contract

The document is an agreement between an Employer and Contractor for the construction of a building project. It outlines that the Contractor will carry out and complete the construction works as shown in the contract drawings and bills in exchange for payment of the contract sum. It specifies the roles and responsibilities of the Architect and Quantity Surveyor to oversee the project. The agreement is signed by both parties to signify their acceptance of the terms and conditions for the project.

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Ogunleye Gbenga
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231 views5 pages

Condition of Contract

The document is an agreement between an Employer and Contractor for the construction of a building project. It outlines that the Contractor will carry out and complete the construction works as shown in the contract drawings and bills in exchange for payment of the contract sum. It specifies the roles and responsibilities of the Architect and Quantity Surveyor to oversee the project. The agreement is signed by both parties to signify their acceptance of the terms and conditions for the project.

Uploaded by

Ogunleye Gbenga
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Articles of Agreement

Made the………………………. Day of…………2011

BETWEEN…………………………………………………………………………Of
(or whose registered office is situation at)…………………………………………….

…………………………(hereinafter called “Employer”) of the one part


and…………………………………………………………………………………

of (or whose registered office is situated at)……………………………………………………………………


(hereinafter called “the contractor) of the other part.

WHEREAS the Employer is desirous of erecting and completing…………………………….


………………………………………………

……………………………………hereinafter called „the works”


at)………………………………………………………………………………………
and has caused drawings and bills of quantities showing and describing the work to be
done to be prepared by or under the direction of
...…………………………………………………his Architect.

AND WHEREAS the contractor has supplied the Employer with fully priced copy of the said Bills of
Quantities (which copy is hereinafter referred to as (the contract Bills)

AND WHEREAS the said drawings listed as “schedule of contract Drawings” in the preliminaries Bill
No. 2 therein (hereinafter referred to as “the contract Drawings”) and the contract Bills have been
signed by or on behalf of the parties hereto:

NOW IT IS HEREBY AGREED AS FOLLOWS:

1. For the consideration hereinafter mentioned the contractor will upon and subject to the
condition and annexed hereto carry out and complete the Works shown upon the Contract Drawings
and described by or referred to in the Contract Bill and in the said Conditions.

2. TheEmployerwillpaytothecontractorthesumof
……………………………..……………………………………………………
(Hereinafter referred to as “the contract sum”) or such other sum as shall become payable hereunder at
the times and in the manner specified in the said Conditions.

3. The term “the Architect” in the said condition shall mean the said
Messrs………………………………………………of………………………

………….. .. ……………………………….or in the event of his death or ceasing to be


Architect for the purpose of this contract, such other person as the Employer
shall nominate for that purpose, not being a person to whom the contractor
shall object for reasons considered to be sufficient by an arbitrator or any legal
process in accordance with the said Conditions. Provided always that no
person subsequently appointed to be the Architect under this Contract shall be
entitled to disregard or overrule any certificate or opinion or decision or
approval on instruction given or expressed by the Architect for the time being.

4. The Term “the Quantity Surveyor” in the said conditions shall mean the said
Messrs………………………………………of………………………………
…………… … ……………………or in the event of his death or ceasing to
be the Quantity Surveyor for the purpose of this Contract , such other person
as the Employer shall nominate for that purpose, not being a person to whom
the contractor shall object for reasons considered to be sufficient by any legal
process in accordance with the said Conditions.

IN WITNESS WHEREOF the parties hereto have set their hands the day and year
first

above written.

SIGNED, SEALED AND DELIVERED BY THE SAID EMPLOYER:

………………………………………… ………………………………………
.
Signature
Name of Employer

In the presence of:

Name:

………………………………………………………………………………………

Address:
……………………………………………………………………………………

Occupation:

………………………………………………………………………………

SIGNED, SEALED AND DELIVERED BY THE SAID CONTRACTOR:

………………………………………… ………………………………………
.
Signature
Name of Contractor

In the presence of:


Name:

………………………………………………………………………………………
Address:

……………………………………………………………………………………

Occupation:

………………………………………………………………………………

THE CONDITIONS OF CONTRACT HEREINBEFORE REFERRED TO

1. Contractor’s Obligations

(1) The Contractors shall upon and subject to these conditions carry out
and complete the works shown upon the contract Drawings and described by
or referred to in the contract Bills and in these conditions in every respect to
the reasonable satisfaction of the Architect and the Employer.

(2) If the contractor shall find any discrepancy in or divergence between


the contract Drawings and /or the contract Bills he shall immediately give to
Architect a written notice specifying the discrepancy or divergence, and the
Architect shall issue instructions in regard thereto.

2. Architect’s Instructions

(1) The Contractor shall (subject to sub-clauses (2) and (3) of this
condition)
Forthwith comply with all instructions issued to him by the Architect in regard
to any matter in respect of which the Architect is expressly empowered by
these Conditions to issue instructions. If within seven days after receipt of a
written notice from the Architect requiring compliance with an instruction the
Contractor does not comply therewith, then the Employer may employ and
pay other persons to execute any work whatsoever which may be necessary to
give effect to such instruction and all costs incurred in connection with such
employment shall be recoverable from the Contractor by the Employer as a
debt or may be deducted by him from any monies due or to become due to the
Contractor under this Contract.
(2) Upon receipt of what purports to be an instruction issued to him by the
Architect the Contractor may request the Architect to specify in writing the
provision of these Conditions which empowers the issue of the said
instruction. The Architect shall forthwith comply with any such request, and if
the Contractor shall thereafter comply with the said instruction (neither party
before such compliance having given to the other a written request to concur
in the appointment of an arbitrator under clause 35 of these Conditions in
order that it may be decided whether the provision specified by the Architect
empowers the issue of the said instruction), then the issue of the same shall be
deemed for all the purposes of this Contract to have been empowered by the
provision of these Conditions specified by the Architect in answer to the
Contractor‟s request.

(3) All instructions issued by the Architect shall be issued in writing. Any
instruction issued orally shall be of no immediate effect, but shall be

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