Building Construction Agreement


BACKGROUND

This Building Construction Agreement (the "Agreement") is made On the 24th day of February, 2022 between JACOB WEST LTD of LA OSU CRESCENT, NYANIBA ESTATES, OSU, ACCRA, GHANA, hereinafter referred to as THE BUILDER (such expression refers to all assigned to act on behalf of the Builder) and {{billing_first_name}} {{billing_last_name}} of , hereinafter referred to as the OWNER (such expression shall refer to all assigned to act on behalf of the owner) for the complete finishing of TWO (2) STOREY BUILDING IN AMASAMAN. Builder desires to provide construction and development services to Owner and the Owner desires to obtain such services from Builder.

THEREFORE, in consideration of the mutual promises set forth below, the Parties agree to the following:

I. SERVICE DESCRIPTION

  1. Beginning on 1st March, 2022, the Builder shall provide to Owner all the necessary development services needed to construct and develop the specified building for which building plan and all necessary specification have been delivered to Jacob West Company Limited on behalf of the Owner.
  2. It is agreed that the work shall be carried out by Builder.
  3. The OWNER has agreed to contract the BUILDER to complete the construction and development project, set out in (II) SCOPE OF WORK and commence work once this agreement has been executed.

II. SCOPE OF WORK

  1. Builder will provide services, materials, and the construction of the building specified above at Amasaman, Accra Ghana
  2. This includes building and finishing materials, necessary labour and site security, and all required tools and machinery needed for completion of finishing.
  3. The scope of this project will be outlined in a bill of quantity document and can include some or all of following: (refer to bill of quantity document)

 

    1. Tiling of the ground floor and first floor.
    2. Installation of plumbing fixtures for all wash rooms.
    3. Installation of main door, internal doors and kitchen cabinet.
    4. Installation of switches, sockets and Air condition units.
    5. Installation of glass work and metal work for staircase.
    6. Skimming and Painting of internal and external walls.
    7. Landscaping and External works.

 

       4. Builder is responsible for no other building additions or improvements unless they are specifically agreed to in writing.

 

III. WORKSITE

  1. The Owner warrants that they Own the property herein described and are authorized to enter into this Agreement detailed on Site. The Builder has agreed to assist the Owner to obtain the necessary and building permit at the cost of the Owner if relevant.
  2. Prior to the Start of the project, the Owner shall provide an easily accessible building site which meets all toning requirements for the structure, and which the boundaries of Owner's property will be clearly identified by stakes at all corners of the property, Builder shall maintain these stakes in proper position throughout finishing.
  3. The Builder shall propose and seek consent from the Owner on which side of the plot the building will be situated.

 

IV. PLANS, SPECIFICATIONS, AND CONSTRUCTION DOCUMENTS

  1. Owner will make available to the Builder all plans, specifications, drawings, blueprints, and similar construction documents necessary for Builder to provide the services described herein.
  2. Any such materials shall remain the property of the Owner. Builder will promptly return all such materials to Owner upon completion of the services.

 

V. CHANGE ORDER

  1. The Owner, or any allowed person, e.g. inspector, may make changes to the scope of the work from time to time during the term of this Agreement.
  2. Any such changes or modifications shall only be made in a written "Change Order" which is signed and dated by the Owner and the Builder. Such Change Orders shall become part of this Agreement.
  3. The Owner agrees to pay any increase in the cost of the construction work as a result of any written, dated, and signed Change Order.
  4. In the event the cost of a Change Order is not known at the time a Change Order is executed, Builder shall estimate the cost thereof and the Owner shall pay the actual cost whether or not this cost in excess of the estimated cost.

 

VI. BUILDING SCHEDULE AND PROGRESS UPDATES

  1. Builder shall begin work on this project within an agreed time of 1st March, 2022 and shall complete the work on or prior to 1st September, 2022 subject to funding.
  2. The Builder shall provide the Owner with regular progress updates via email and/or WhatsApp messages at least once every fortnight (2 weeks) from the 1st of July 2021. Such updates shall include photos and videos of the project.
  3. Time is of the essence in this Agreement.

 

VII. PAYMENT

  1. Payment shall be made to Jacob West Ltd in full of the amount of $60,734 (Sixty thousand Seven hundred and thirty four dollars)

  2. The payment of this project will be made in two (2) stages.

    1. The Owner shall make payment for stage one $30,367or GH$212,569 or whichever is more) within 48 hours of the Builder providing a copy of the necessary building permit to the Owner.

    2. The Owner shall make 9 equal payments  of  $30,367 or GH$212,569 or whichever is more) within five working days of the Builder providing evidence (pictures and videos) to the Owner of completion of stage one. The five working days is to allow the Owner sufficient time to arrange for an independent verification of the completion of the work should the Owner wish to do so.

 

The Owner shall make all payments into a Stanbic bank account in Ghana provided by the Builder. The Owner will not breach the payment terms for any delay in payment as a result of the Builder wanting payment to be sent to a bank account in a different country outside of the United Kingdom.

 

Bank Details : Bank :Stanbic Bank

Account Name Jacob West Company Ltd

Account Number : 9048008907905

Branch : Accra Mall Branch

 

  1. The Stages are
    1. Stage 1 – Tiling, Plumbing installations, Door and kitchen cabinet installation, installation of switches, sockets and AC units
    2. Stage 2 – Metal work, Skimming, painting and external works.

 

  1. In addition to any other rights or remedies provided by law, the Builder may treat Owners non-payment for services rendered by the Builder as a material breach of this Agreement and may cancel the Agreement or seek legal remedies as the Builder desires.

 

VIII. LEGAL COMPLIANCE

  1. Builder shall provide the Services in a workmanlike manner, and in compliance will all applicable national and local laws and regulations applicable to the construction and labour market Of Ghana.

 

IX. CONFIDENTIALITY

  1. The Builder shall safeguard and keep confidential the Confidential Information and shall not disclose any Confidential Information to any other person or entity.
  2. The Builder Shall not use the Confidential Information provided by the Owner for any purpose other than those related to the services they provide to the Owner.
  3. All such Confidential Information and any copies obtained thereof shall be returned to the Owner promptly upon its written request and shall not be retained in any form by Builder.

 

  1. The Builder shall not use the plans to build the same house for another client without the written consent of the Owner.

 

X. WARRANTY

  1. Builder shall provide its services and meet its obligations under this Agreement in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Owner's community and region, and will provide a standard of care equal to, or Superior to, care used by service providers similar to Builder on similar projects.

 

  1. Builder shall finish the structure in conformity with the plans, specifications, and any breakdown and binder receipt signed by guilder and Owner.

 

XI. WORKSITE ACCESS

  1. Owner will allow free access to work areas for workers and vehicles and will allow areas for the storage of materials and debris.
  2. Builder agrees to keep the worksite clean and orderly and to remove all debris as needed during the hours of work in Order to maintain work conditions which do not Cause health or safety hazards.

 

XII. INSPECTION

  1. Owner shall have the right to inspect all work performed under this Agreement. All defects and uncompleted items shall be reported immediately.

 

XIII. TRANSFER OF RIGHTS

  1. This Agreement shall be binding on any Successors of the Parties. 
  2. Neither Party shall have the right to assign interests in this Agreement to any other Party unless the prior written consent of the other Party is obtained.

 

XIV. ENTIRE AGREEMENT

  1. This Agreement contains the entire Agreement of the parties regarding the subject matter of this Agreement, and there are no other promises or conditions in any Other Agreement, whether oral or written any disagreements shall be redressed by arbitration.

 

XV. CURRENCY

  1. Except as otherwise provided in this agreement, all monetary amounts mentioned thereof are in US Dollars or Ghana Cedis (GH$) or whichever is more.

 

XVI. AMENDMENT

  1. This Agreement may be modified or amended if and only if the amendment is made in writing and signed by both Parties.

XVII. WAIVER OF CONTRACTUAL RIGHTS

  1. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel Strict compliance with every provision of this Agreement.

 

XVIII. APPLICABLE LAW

  1. This Agreement shall be governed by the laws of Ghana. This agreement shall be read in consultation with the attached documents.
    1. Final Bill of Quantity from Jacob West Limited

 

IN WITNESS WHEREOF, the parties execute the agreement as follows:

 

October 2, 2022

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Document name: Building Construction Agreement
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August 23, 2022 12:38 pm BSTBuilding Construction Agreement Uploaded by Marilyn Mensah - info@jacobwest.com IP 87.81.117.102