AGREEMENT FOR THE RENOVATION OF A HOUSE

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Agreements
September 9, 2021

 

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………

 

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;  

  1. 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.
  2. The Builder is self-taught/trained and possesses the requisite skill to renovate the Client’s house to his satisfaction.
  3. The Builder has agreed to conduct these renovations at an agreed consideration which shall be further elaborated in this Agreement.
  4. 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.
  5. 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:

 

  1. DEFINITIONS AND INTERPRETATION
  • In this Agreement, except to the extent expressly provided otherwise:

“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.

  • Any annexures or schedules to this Agreement shall form an integral part of and be construed in accordance with this Agreement.
  • Reference to any Party hereto shall, where the context admits, be deemed to include, as appropriate, its permitted successors, personal representatives or assigns.
  • The headings in this Agreement are included for convenience only and shall not affect the interpretation or construction of this Agreement.
  • Words denoting the singular shall include the plural and vice versa.
  • Words denoting any gender shall include a reference to each other gender.

 

  1. TERMS OF THE RENOVATION
    • 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.

 

  • 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.

 

  • 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.

 

  • 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)

 

  1. ……..
  2. ……..
  3. ………

 

  • The renovations shall be conducted within a period of …………… within which the Builder shall complete the project and vacate the premises of the Client.

 

  • 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.

 

  • 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.

 

 

  1. CONSIDERATION
    • 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.

 

  • 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.

 

  • 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.

 

  • The Client shall endeavor to make the agreed payment to the Builder in good time without any unnecessary delay.

 

  1. CONFIDENTIALITY AND NON-DISCLOSURE
    • 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.
    • 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.

 

  1. 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.

 

 

 

  1. FORCE MAJEURE
    • 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.
    • 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.
    • 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.

 

  1. SEVERABILITY OF PROVISIONS
    • 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.

 

  • 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.

 

  1. WAIVER
    • 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.

 

  • 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.

 

  1. GOVERNING LAW AND DISPUTE RESOLUTION
    • This Agreement shall be governed by and construed in accordance with the laws and regulations of ……….(Insert Country).

 

  • 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.

 

 

 

 

  1. 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.

 

 

 

 

  1. ENTIRE AGREEMENT
    • 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:

_________________________                     _________________________

 

DATE:                                                                    DATE:

_________________________                     _________________________

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