Monday, June 10, 2013

Sample: Construction Industry Contract Form


Before agreeing to construct anything for your client in Kenya, it would be necessary to assign an agreement form aka contract form or just referred to as a "Contract". Below is a sample contract form between two companies. 
CONTRACT  BETWEEN COMPANY A AD COMPANY B
This is a contract entered between A (hereinafter referred to as “the provider) located at ____________
, and B (hereinafter referred to as “the client”) located at ______________, on this date, ___________.
The client herby engages the Provider to provide services as described under “Scope and manner of services.” The provider hereby agrees to provide the client with such services in exchange for consideration as described under “Payment for Services Rendered”
Scope and manner of services
Beginning on upon agreement to this contract, A will provide to B the following services (collectively, the “Services”):   
(list of all services to be offered)
Duties of  the Client
B hereby undertakes and agrees as follows:
(Mention client obligation if any)
Payment for Services Rendered
In exchange for the services B will pay A according to the following schedule:
(talk about things like down payment /deposit, date of payment of the remainder or the whole amount, any penalty arising from delay in payment etc)
e.g
The client shall pay the provider for services rendered according to payment schedule attached, within N calendar days of the date on the provider’s invoice (s). Should the client fail to pay the Provider the full amount specified in any invoice within Q calendar days of the invoice date, a late fee equal  to Ksh. ______ shall be added to the amount due and interest of P% per annum shall accrue from the calendar day following the invoice date.
Termination
a)      This contract will terminate automatically upon the completion by A of the services required by this contract.
b)      If either party shall fail to perform any of its obligations hereunder the other party may terminate this agreement forthwill upon notice to the other party and the other party so terminating the agreement shall be relieved of any of its obligations hereunder, without prejudice to any rights to seek damages or such other right or remedy as it may have at law.
Warranty
A shall provide its services and meet its obligation under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in A’s community and region, and will provide a standard of care equal to or superior to, care used by service providers similar to A on similar projects.
Applicable Law
This contract shall be governed by the laws of contract of the Republic of Kenya and applicable state law.

In witness of their agreement to the terms above, the parties or their authorized agents hereby affix their signatures.
Name of Client or Agent: Company B
By: ______________                   Signature________________                  Date__________
(Designation)                                                                   

Name of Provider or Agent: Company A              
By:_____________                       Signature _______________                   Date___________

(Designation)

No comments:

Post a Comment