THIS AGREEMENT IS MADE ON THIS ………DAY OF APRIL, 2021
BETWEEN
(Client’s full name)
[Address]
[Email]
-AND-
(The Builder’s full name)
[Address]
[Email]
AGREEMENT FOR THE RENOVATION OF THE
CLIENT’S HOUSE LOCATED ON ……….(Insert
Address)
AGREEMENT FOR THE RENOVATION OF A HOUSE LOCATED ON………
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THIS AGREEMENT (the “Agreement”) is made and entered into on…………day
of……………Two Thousand and Twenty-One (2021)
BETWEEN;
(Include your name) ………., a home owner desirous of renovating his house which is
located on …………….and whose address is [insert address] of the one part hereinafter
referred to as “The Client”
AND
(Insert name of Builder)……, a self-taught/qualified builder who possesses expertise
in renovating houses and whose address …………..of the other part. This party shall
hereafter be referred to as “The Builder”.
WHEREAS;
A. The Client is desirous of carrying out renovations in his home and has engaged
the services of the Builder who has agreed to undertake the renovations.
B. The Builder is self-taught/trained and possesses the requisite skill to renovate
the Client’s house to his satisfaction.
C. The Builder has agreed to conduct these renovations at an agreed consideration
which shall be further elaborated in this Agreement.
D. The Builder shall abide by the timelines that shall be agreed upon with the
Client and shall endeavor to conduct this project with utmost honesty and
efficiency.
E. The parties have agreed to be bound by the terms of this written Agreement as
well any other that may be agreed upon in writing.
NOW, THEREFORE, in consideration of the mutual promises, covenants, and
conditions contained herein, the sufficiency of which is hereby acknowledged, IT IS
HEREBY AGREED AS FOLLOWS:
- DEFINITIONS AND INTERPRETATION
1.1. In this Agreement, except to the extent expressly provided otherwise:
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“Agreement” means this Agreement and any amendments to this Agreements
which may be made from time to time;
“Effective Date” means the date of execution of this Agreement;
“Proprietary or Confidential Information” includes, without limitation, (i)
written or oral contracts, business methods, business policies, computer
retained information, notes, or financial information among other related
documents.
1.2. Any annexures or schedules to this Agreement shall form an integral part of and
be construed in accordance with this Agreement.
1.3. Reference to any Party hereto shall, where the context admits, be deemed to
include, as appropriate, its permitted successors, personal representatives or
assigns.
1.4. The headings in this Agreement are included for convenience only and shall not
affect the interpretation or construction of this Agreement.
1.5. Words denoting the singular shall include the plural and vice versa.
1.6. Words denoting any gender shall include a reference to each other gender.
- TERMS OF THE RENOVATION
2.1 The Builder shall supply the Client herein with their full professional details
including their full name, office address, phone number as well as email, being
sure to indicate their preferred mode of communication.
2.2 The Builder shall inform the Client of all the material that shall be required in
carrying out the renovation project, as well as the estimated cost for each
product. This information shall be conveyed to the Client in good time.
2.3 The Client may opt to buy the material required for himself or he may instruct
the Builder to make the purchases. In the event that the Builder makes the
purchases, he shall remit all the original receipts to the Client herein for record
keeping.
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2.4 The Builder will implement the renovation instructions in accordance with the
Client’s strict instructions. The renovations shall include; (List out the
renovations as you want them made)
a) ……..
b) ……..
c) ………
2.5 The renovations shall be conducted within a period of …………… within which
the Builder shall complete the project and vacate the premises of the Client.
2.6 In the event that the Builder is not able to complete the project within the
stipulated period, he shall communicate with efficiency, citing the reasons for
such delay. If those reasons are valid in the opinion of the Client, then such
Client may extend the renovation period. If such reasons do not meet a
reasonable threshold, the Builder shall be at liberty to terminate the Agreement
at the Builder’s cost.
2.7 The Client shall endeavour to provide all the required material for the
renovation to be conducted and shall facilitate the process to ensure that it as
efficient as reasonably possible.
- CONSIDERATION
3.1. The Builder has charged an amount of ………………… for his expertise and skill,
which amount will be paid in instalments. Each instalment will be in the sum of
……….. This amount does not include the cost of the required material.
3.2. The Builder will issue a comprehensive list of all the material that will be
required for the renovation. Each item will contain the expected cost and
possible shops to get it.
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3.3. The Client shall maintain a schedule indicating the amounts that he has paid
the builder, and specifying whether such payment has been made in cash or
through a wire transfer. Both parties shall sign against the amount that has been
paid and shall indicate the date thereon. This schedule shall form part of this
Agreement.
3.4. The Client shall endeavor to make the agreed payment to the Builder in good
time without any unnecessary delay.
- CONFIDENTIALITY AND NON-DISCLOSURE
4.1. The Parties shall maintain the confidentiality of all the private affairs and/or
information of each other and shall not disclose such information to a third party
without the express consent of that party.
4.2. Each party’s Proprietary or Confidential Information shall remain the sole and
exclusive property of that party. The parties agree that in the event of use or
disclosure by the other party other than as specifically provided for in this
Agreement, the non-disclosing party may be entitled to equitable relief. - TERM AND TERMINATION
This Agreement shall come into force and effect on the Effective Date and shall
remain effective for a period of ……………., being the period that the renovation will
be conducted by the Builder.
Either party shall be at liberty to terminate this agreement by giving the other party a
notice, not less than 14 days while ensuring that the terminating party has complied
and fulfilled all their obligations including all financial obligations.
It is agreed that, with respect to any termination of this Agreement, both parties shall
be bound to perform their obligations in respect of orders outstanding as of the date
of notice of termination.
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- FORCE MAJEURE
6.1. In this Section “Force Majeure” shall mean any event beyond the reasonable
control of the Parties, and which is unavoidable notwithstanding the reasonable
care of the party affected, and shall include but not be limited to war,
insurrection, riot, civil unrest, sabotage, boycott, embargo, explosion, fire,
earthquake, flood, unavoidable accident, epidemic, act of God, action or
inaction of any governmental official or agency (civil or military) and refusal of
any licences or permits, if properly applied for.
6.2. If either Party is prevented from or delayed in performing any of its obligations
under this Agreement by an event of Force Majeure, then it shall notify the
other in writing of the occurrence of such event and the circumstances thereof
within fourteen (14) days after the occurrence of such event.
6.3. The Party who has given such notice shall be excused from the performance or
punctual performance of its obligations under this Agreement for so long as the
relevant event of Force Majeure continues and to the extent that such Party’s
performance is prevented or delayed. The occurrence of any event of Force
Majeure affecting either party shall not give rise to any claim for damages or
additional costs and expenses suffered or incurred by reason of Force Majeure. - SEVERABILITY OF PROVISIONS
7.1. If any provision or part-provision of this Agreement is or becomes
invalid, illegal or unenforceable, it shall be deemed modified to the minimum
extent necessary to make it valid, legal and enforceable. If such modification is
not possible, the relevant provision or part-provision shall be deemed deleted.
Any modification to or deletion of a provision or part-provision under this Clause
shall not affect the validity and enforceability of the rest of this Agreement.
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7.2. If one Party gives notice to the other of the possibility that any provision
or part-provision of this Agreement is invalid, illegal or unenforceable, the
Parties shall negotiate in good faith to amend such provision so that, as
amended, it is legal, valid and enforceable, and, to the greatest extent possible,
achieves the intended commercial result of the original provision.
- WAIVER
8.1. Failure by either party to enforce any provision of Agreement will not
constitute a waiver or affect its right to require the future performances
thereof, nor will its waiver of any breach of any provision of this Agreement
constitute a waiver of any subsequent breach or nullify the effectiveness of any
provision.
8.2. No waiver will be binding unless made in writing and signed by the party
making the waiver and specifically stating that it waives a provision of this
Agreement.
- GOVERNING LAW AND DISPUTE RESOLUTION
9.1. This Agreement shall be governed by and construed in accordance with the
laws and regulations of ……….(Insert Country).
9.2. Any dispute arising out of or in connection with this Agreement shall be settled
amicably by the parties in good faith by whatever means the parties deem
appropriate. If the parties cannot themselves resolve any such dispute between
them within 14 days from the time the dispute arose, initial resort shall be had
to private conciliation or mediation in a form agreed by the parties. If within a
further 14 days after the dispute has arisen a satisfactory private conciliation or
mediation process has not been agreed upon by the parties, or if within 30 days
after the dispute has been submitted for private conciliation or mediation it has
not been resolved to the satisfaction of the parties, then the dispute may be
submitted for final and conclusive resolution to the court.
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- NON-ASSIGNMENT
Neither this Agreement nor any rights or obligations hereunder shall be assigned by
either party hereto (other than by operation by law) without the prior written consent
of the parties. - ENTIRE AGREEMENT
3.1. This Agreement constitutes the entire understanding and agreement
between the Parties. This Agreement may not be modified except in a writing
signed by the Parties and expressly referencing this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
in duplicate, each of which shall be considered an original, by themselves/respective
signatory officials thereunto duly authorized as of the day and year first above
written.
Signed by or on behalf of:
THE UNDERSIGNED HAVE READ, FULLY UNDERSTOOD AND BY SIGNING BELOW,
ACCEPTED THE TERMS OF THIS AGREEMENT
CLIENT BUILDER
NAME: NAME:
SIGNATURE: SIGNATURE:
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DATE: DATE:
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