This agreement is made on this seventeenth day of April 2001 at Shahjahanpur between Seth Dwarka Das s/o Seth Ayodhya Prasad r/o Bajaja, Shahjahanpur hereinafter described as ‘owner’ and Devendra Gurrani s/o Mahendra Gurrani r/o 36, Mahatma Gandhi Marg Dehra Dun hereinafter described as the Architect which expressions shall include the heirs, executors, administrators and successors of the respective parties.
Whereas the owner has plans to build a market complex on Bhawalkhera Road in Shahjahanpur district and is in possession of a duly sanctioned plan a copy whereof has been annexed hereto marked ‘A’.
And whereas the architect has agreed to supervise the construction of the said market complex on the terms and conditions set forth hereunder :
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ADVERTISEMENTS:
1. That the architect shall visit the site of construction every day between 4 P.M. to 5 P.M. He shall inspect the on going construction work along with the engineer of the owner shall and shall ensure that the construction was going on will in accordance with the plan and specifications.
2. That the architect shall prepare drawings, explain the details thereof to the engineers of the owner incharge of the works and to the contractor. He will check and approve the work executed by the contractor, examine materials used by him, assess the value of the construction completed or nearly completed.
3. That the architect shall consider and examine all the sketches, drawings, specifications, proposals and opinion submitted before him by the engineer of the owner and approve the same with or without modifications. He shall advise the engineer of the owner regarding the quality and quantity of the material to be used by the contractor. He shall advise the owner in respect of any deviation from the original scheme.
ADVERTISEMENTS:
4. That the architect shall endeavour to guard the owner against any defects and deficiencies in the work of the contractor or his artisans but shall not be required to guarantee the performance of the contractor.
5. That the architect shall examine the preliminary estimates on the cost of the work of the contractor prepared by the engineer of the owner and manage the same so as to keep the cost of the work as low as possible while maintaining the quality of the work.
6. That the architect shall not assign or transfer his interest in this agreement without prior written consent of the owner.
7. That dispute if any between the owner and the architect in relation to this agreement shall be referred to the president of Engineer’s Association Shahjahanpur whose decision shall be final and binding on the parties.
ADVERTISEMENTS:
In witness, whereof the parties have signed this agreement on the date aforementioned at Shahjahanpur.
Witnesses
Signature of the parties