Kedella Homes's Sample Fixed-Price House Construction Agreement

Sample Fixed-Price House Construction Agreement
Brand Name:Kedella Homes

For Residential House Construction in Sri Lanka

Sample / For Information Purposes Only

Important Notice

This document is a sample fixed-price house construction agreement prepared for general information and illustration purposes.

This is the professional sample/template fixed price contract tied to one particular house or price. The template is aligned with the structure of CIDA's construction documentations. Specially CIDA's standard bidding documents for both major contracts and design-and-build contracts.

The actual construction agreement entered into between Kedella Homes and a homeowner may differ depending on the approved architectural and structural drawings, specifications, BOQ, site conditions, planning and statutory requirements, selected finishes, payment arrangements and other project-specific matters.

This sample does not constitute legal advice, a quotation, tender, guarantee or binding offer. The final agreement should be reviewed and approved by the parties and, where appropriate, by a qualified Quantity Surveyor, Engineer, Architect and Attorney-at-Law before execution.


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Part A - Contract Particulars

Particular Contract Information
Owner [Full Legal Name]
Owner's Address [Address]
NIC/Passport No. [Number]
Contractor Kedella Design and Construction (Pvt) Ltd.
Contractor's Registered Address [Address]
Company Registration No. [Number]
CIDA Registration No./Grade [If applicable]
Project Construction of Residential House
Site Address [Full Property Address]
Land/Assessment Details [Details]
Approximate Floor Area [e.g. 2,000 sq. ft.]
Contract Price LKR [XX,XXX,XXX]
VAT [Included / Excluded / Not Applicable]
Contract Type Fixed Price
Commencement Date [Date]
Contract Period [XX] Calendar Days
Intended Completion Date [Date]
Defects Liability Period [12 Months]
Retention [5%]
Payment Method Stage Payments
Governing Law Laws of Sri Lanka

Part B - Agreement

1. Parties

This Agreement is made on [Date] between:

Kedella Design and Construction (Pvt) Ltd., a company incorporated in Sri Lanka under the applicable laws of Sri Lanka, having its registered office at [Address], hereinafter referred to as the "Contractor";

and

[Owner's Full Legal Name], of [Address], holder of NIC/Passport No. [Number], hereinafter referred to as the "Owner".

The Contractor and the Owner are collectively referred to as the "Parties".

2. Purpose of the Agreement

The Owner appoints the Contractor to construct the residential house described in this Agreement at the Site identified in the Contract Particulars.

The Contractor agrees to execute, complete and, where applicable, rectify defects in the Works in accordance with:

  • This Agreement;
  • Approved drawings;
  • Specifications;
  • BOQ;
  • Material schedules;
  • Finishing schedules;
  • Approved Variations; and
  • Other Contract Documents identified in this Agreement.

3. Definitions

Unless the context otherwise requires:

"Agreement" means this Fixed-Price House Construction Agreement together with its schedules and Contract Documents.

"Contract Price" means the agreed fixed price stated in the Contract Particulars, subject to approved variations and other adjustments expressly permitted under this Agreement.

"Contract Documents" means the documents listed in Clause 5.

"Contractor" means Kedella Design and Construction (Pvt) Ltd.

"Owner" means the person or persons identified as the Owner in this Agreement.

"Works" means all construction, labour, materials, equipment, installation, testing and associated work required under the Contract Documents.

"Site" means the property at which the Works are to be executed.

"Variation" means an approved addition, omission, substitution or alteration to the Works.

"Practical Completion" means the stage at which the Works are substantially complete and capable of being used for their intended residential purpose, subject only to minor outstanding items that do not materially prevent occupation or use.

"Defects Liability Period" means the period specified in the Contract Particulars commencing from Practical Completion.

4. Contract Type - Fixed Price

The Contract is intended to operate as a Fixed-Price Contract.

Subject to the provisions of this Agreement relating to approved Variations, Owner-requested changes, Provisional Sums, Allowances, statutory changes or other expressly permitted adjustments, the Contract Price shall remain fixed.

The Contractor shall be responsible for providing the labour, materials, equipment, supervision, transportation, ordinary wastage, plant, overheads and profit necessary to complete the Works included in the Contract Documents.

Ordinary increases in the Contractor's costs, including increases in labour, materials, fuel, transportation or other construction inputs, shall not by themselves entitle the Contractor to increase the Contract Price where such costs relate to Works already included in the agreed fixed-price scope.

5. Contract Documents

The following documents shall form part of this Agreement:

  1. This Fixed-Price House Construction Agreement;
  2. Contract Particulars;
  3. Architectural drawings;
  4. Structural drawings;
  5. Electrical drawings;
  6. Plumbing and drainage drawings;
  7. BOQ / Schedule of Quantities;
  8. Technical specifications;
  9. Material schedule;
  10. Finishing schedule;
  11. Payment schedule;
  12. Site investigation or soil report, where applicable;
  13. Approved Variations;
  14. Written clarifications agreed by the Parties;
  15. Other schedules expressly identified as Contract Documents.

Where a conflict occurs between Contract Documents, the Parties shall first seek clarification from the Architect, Engineer or Quantity Surveyor responsible for the relevant document.

Unless otherwise agreed in writing, the following order of precedence shall apply:

  1. Written amendments signed by both Parties;
  2. Approved Variations;
  3. This Agreement;
  4. Particular Conditions;
  5. Specifications;
  6. BOQ;
  7. Drawings;
  8. Other supporting documents.

6. Contractor's General Obligations

The Contractor shall:

  • Execute the Works with reasonable skill, care and diligence;
  • Provide appropriately qualified and experienced personnel;
  • Provide the labour, materials, plant and equipment necessary for the Works included in the Contract;
  • Coordinate its subcontractors and suppliers;
  • Comply with applicable laws, regulations and approved requirements relevant to the Works;
  • Maintain reasonable site safety and security;
  • Protect the Works from avoidable damage;
  • Keep the Site reasonably clean and orderly;
  • Remove construction waste generated by the Contractor;
  • Notify the Owner promptly of circumstances that may materially affect the cost, quality or completion of the Works; and
  • Rectify defective workmanship attributable to the Contractor in accordance with this Agreement.

7. Owner's General Obligations

The Owner shall:

  • Provide lawful access to the Site;
  • Provide information and documents reasonably required for the Works;
  • Make payments in accordance with the agreed Payment Schedule;
  • Make selections and approvals within reasonable periods;
  • Provide access to utilities where agreed;
  • Promptly notify the Contractor of material concerns regarding the Works; and
  • Avoid instructing Contractor personnel directly in a manner that changes the Works without following the Variation procedure.

8. Site and Site Conditions

The Owner shall provide the Contractor with access to the Site for the execution of the Works.

Where a soil investigation, survey or other site investigation is required, the relevant report shall be identified as a Contract Document.

The Contractor shall inspect the Site before commencement and shall take reasonable account of visible and reasonably foreseeable site conditions.

Conditions that could not reasonably have been identified before entering into the Agreement shall be dealt with in accordance with the provisions of this Agreement relating to unforeseen conditions and Variations.

Where additional work is required because of an unforeseen physical condition that materially differs from information reasonably available at the time of contracting, the Contractor shall notify the Owner in writing before carrying out such additional work, except where immediate action is reasonably necessary to protect life or property.

9. Scope of Works

The Contractor shall provide the Works described in the Contract Documents.

9.1 Pre-construction and Site Preparation

  • Site establishment;
  • Setting out;
  • Clearing;
  • Excavation;
  • Filling;
  • Disposal of construction waste;
  • Temporary works reasonably required for construction.

9.2 Foundations and Structural Works

  • Foundation works;
  • Reinforced concrete;
  • Reinforcement steel;
  • Columns;
  • Beams;
  • Slabs;
  • Masonry;
  • Structural roof works;
  • Other structural elements shown in approved drawings.

9.3 Architectural Works

  • Plastering;
  • Screeding;
  • Floor finishes;
  • Wall finishes;
  • Painting;
  • Ceilings;
  • Doors;
  • Windows;
  • Staircase;
  • Skirting;
  • Joinery;
  • Other architectural finishes specified in the Contract Documents.

9.4 Electrical Works

  • Electrical wiring;
  • Distribution boards;
  • Protective devices;
  • Switches;
  • Socket outlets;
  • Lighting points;
  • Earthing;
  • Designated communication points;
  • Other electrical installations included in the approved drawings and specifications.

9.5 Plumbing and Drainage

  • Water supply;
  • Drainage;
  • Sanitary installations;
  • Taps and fittings;
  • Water tanks;
  • Pumps;
  • Hot-water provisions where specified;
  • Wastewater systems;
  • Other plumbing works included in the Contract Documents.

9.6 External Works

Only those external works specifically identified in the BOQ or drawings shall be included.

These may include:

  • Boundary walls;
  • Gates;
  • Driveway;
  • Paving;
  • External drainage;
  • Landscaping;
  • External water and electrical works.

10. Materials and Workmanship

Materials shall comply with the specifications and approved material schedules.

Where a brand, model or product is expressly specified, the Contractor shall provide that product or an equivalent approved in writing.

Where the Contract Documents specify a performance standard rather than a particular brand, the Contractor may use a product meeting the specified standard.

The Contractor shall not substitute a material that materially reduces the specified quality, durability, appearance or performance without the Owner's written approval.

Samples may be required for major finishes, including:

  • Tiles;
  • Paint colours;
  • Sanitaryware;
  • Doors;
  • Windows;
  • Countertops;
  • Flooring;
  • Fittings;
  • Other visible finishes.

11. Brand and Material Approval

The Contractor shall provide the Owner with reasonable information regarding proposed materials where selection is required.

Where the Owner is required to select from alternatives, the Contractor shall provide the available alternatives and applicable allowances, if any.

An Owner's selection that exceeds an agreed allowance shall be treated in accordance with Clause 18.

12. Owner-Supplied Items

Items identified in Schedule D as Owner-supplied shall not be included in the Contract Price unless expressly stated otherwise.

The Owner shall supply such items by the date reasonably required for installation.

Delay caused by late delivery of Owner-supplied items may entitle the Contractor to an extension of time to the extent reasonably affected.

13. Exclusions

The Contract Price shall not include items expressly identified as exclusions.

Unless specifically included in the Contract Documents, examples may include:

  • Loose furniture;
  • Curtains and blinds;
  • Movable appliances;
  • Air-conditioning units;
  • Solar photovoltaic systems;
  • Furniture;
  • Landscaping beyond the specified allowance;
  • Utility authority connection charges;
  • Statutory fees;
  • Professional fees payable directly by the Owner;
  • Land acquisition costs;
  • Financing costs.

The actual exclusions applicable to each project shall be listed in Schedule C.

14. Contract Price

The Contract Price is:

LKR [XX,XXX,XXX]

VAT: [Included / Excluded / Not Applicable]

Total Contract Amount: LKR [XX,XXX,XXX]

The Contract Price includes all items identified as included in the Contract Documents.

No additional payment shall be due merely because the Contractor underestimated the cost of Works already included in the fixed-price scope.

15. Taxes and Statutory Charges

The Contract Documents shall expressly identify whether VAT and other applicable taxes are included in the Contract Price.

Where a tax or statutory charge is imposed on the Contractor in relation to the Works after the date of the Agreement and the Agreement expressly permits an adjustment for such change, the Parties shall deal with the adjustment transparently and in accordance with applicable law.

16. Payment Schedule

Payments shall be made against agreed construction milestones.

Milestone Percentage
Contract signing / mobilisation 5%
Foundation completion 10%
Structural frame completion 15%
Roof structure and covering 15%
Masonry and plastering 15%
Electrical and plumbing installation 10%
Tiling, ceilings, painting and finishes 15%
Practical Completion 10%
Final retention 5%
Total 100%

The actual payment percentages shall be stated in the project-specific Contract Particulars.

The Contractor shall not be required to commence a milestone unless the preceding contractual requirements have been satisfied.

17. Payment Certification

Where an Architect, Engineer or Quantity Surveyor is appointed, milestone completion may be certified by the relevant professional.

Where no independent consultant is appointed, the Parties shall use the agreed milestone definitions in Schedule B.

The Owner shall not unreasonably withhold payment for properly completed Works.

If the Owner disputes part of an invoice, the Owner shall identify the disputed amount and reason, and shall pay any undisputed amount when due.

18. Allowances and Provisional Sums

Where the Contract contains an allowance for an item that has not yet been finally selected, the allowance shall be identified in Schedule E.

Item Allowance
Sanitaryware LKR 500,000
Kitchen fittings LKR 750,000
Light fittings LKR 250,000

If the Owner selects an item costing more than the allowance, the difference shall be treated as an approved adjustment.

If the actual cost is lower than the allowance, the Contract Price shall be adjusted downward by the applicable difference, subject to the agreed method of calculation.

The Agreement shall identify whether Contractor overheads, handling charges or other fees apply to allowance adjustments.

19. Variations

A Variation may include:

  • Addition of work;
  • Omission of work;
  • Substitution of materials;
  • Alteration to dimensions;
  • Change to finishes;
  • Change to layout;
  • Additional installations;
  • Owner-requested improvements.

Except in an emergency, the Contractor shall not proceed with a Variation that increases the Contract Price without written approval.

A Variation proposal should state:

  1. Description of change;
  2. Additional or reduced cost;
  3. Effect on Contract Price;
  4. Effect on completion date;
  5. Relevant drawings/specifications;
  6. Date of approval.

20. Variation Approval

A Variation shall become binding when approved by the Owner or the Owner's authorised representative in writing.

The Parties may agree that email or another specified electronic communication constitutes written approval.

Site discussions alone shall not automatically constitute approval of a Variation.

Where urgent work is necessary to protect life, safety or property, the Contractor may take reasonable emergency measures and shall notify the Owner as soon as practicable.

21. Deletions and Omissions

Where the Owner requests the omission of an item, the Contract Price shall be reduced by the agreed value of that omission.

The Contractor shall not be entitled to payment for Works that have been omitted before execution, except for properly incurred non-recoverable costs expressly agreed under the Variation.

22. Programme and Commencement

The Contractor shall commence the Works on:

[Commencement Date]

The contractual construction period shall be:

[XX] calendar days

Subject to approved extensions of time.

The Contractor shall provide a reasonable construction programme where required.

23. Extension of Time

The Contractor may request an extension of time where completion is delayed by an event for which the Contractor is not responsible.

Potential grounds may include:

  • Owner-requested Variations;
  • Delayed Owner decisions;
  • Delayed access to the Site caused by the Owner;
  • Statutory restrictions;
  • Exceptionally adverse events beyond reasonable control;
  • Other events expressly identified in the Contract.

The Contractor shall notify the Owner promptly after becoming aware of the delay.

An extension shall be limited to the period reasonably attributable to the relevant delay.

24. Delay Caused by Contractor

The Contractor shall take reasonable steps to maintain the agreed construction programme.

The Contractor shall not be entitled to an extension of time for delays caused by:

  • Inadequate planning;
  • Failure to procure materials in reasonable time;
  • Avoidable labour shortages;
  • Poor coordination;
  • Failure of subcontractors;
  • Contractor cash-flow difficulties;
  • Defective work requiring rework.

25. Liquidated Damages / Delay Damages

Where agreed in the Contract Particulars, the Contractor shall pay:

LKR [________] per calendar day

for delay beyond the contractual completion date, subject to valid extensions of time.

The Parties should obtain legal advice regarding the appropriate amount and enforceability of any liquidated-damages provision.

26. Inspection

The Owner and/or the Owner's appointed Architect, Engineer or Quantity Surveyor may reasonably inspect the Works during construction.

Inspection shall not unreasonably disrupt the Contractor's operations.

The Contractor shall provide reasonable access for inspection of work before it is permanently covered, where reasonably requested.

27. Testing

Where testing is specified, the Contractor shall arrange the required tests.

Testing may include:

  • Concrete testing;
  • Reinforcement verification;
  • Waterproofing tests;
  • Plumbing pressure tests;
  • Drainage tests;
  • Electrical testing;
  • Other tests specified in the Contract Documents.

Where a test fails because of defective work attributable to the Contractor, the Contractor shall rectify the defect and repeat the test at its own cost.

28. Defective Work

Where work does not comply with the Contract Documents, the Owner may notify the Contractor.

The Contractor shall investigate and, where responsible, rectify the defect within a reasonable period.

The Contractor shall not be responsible for defects caused solely by:

  • Owner misuse;
  • Unauthorised alterations;
  • Normal wear and tear;
  • Damage caused by third parties;
  • Failure to maintain the property;
  • Circumstances outside the Contractor's responsibility.

29. Defects Liability Period

The Defects Liability Period shall be:

[12 months]

from the date of Practical Completion, unless a different period is specified in the Contract Particulars.

During this period, the Contractor shall rectify defects arising from defective workmanship or materials supplied by the Contractor, subject to the terms of this Agreement.

30. Warranty

Specific manufacturer warranties shall be passed to the Owner where applicable.

The Contractor shall provide reasonable documentation for warranties relating to installed products where such documentation is available.

Specific warranties for waterproofing, roof works, structural elements, equipment or other components shall be identified in Schedule F.

A manufacturer's warranty shall not be extended or altered by the Contractor unless expressly stated.

31. Practical Completion

Practical Completion shall occur when:

  1. The Works are substantially complete;
  2. The house is reasonably capable of being used for its intended residential purpose;
  3. Essential electrical and plumbing systems are operational;
  4. Agreed major finishes have been completed; and
  5. Remaining minor items do not materially prevent occupation or use.

A list of minor outstanding items may be prepared as a Snag List.

32. Snagging and Rectification

The Owner may prepare or participate in preparing a snag list at Practical Completion.

The Contractor shall rectify reasonable defects and incomplete items within an agreed reasonable period.

Minor snagging items shall not unreasonably delay Practical Completion where the house is otherwise substantially complete.

33. Handover

At handover, the Contractor shall provide, where applicable:

  • Keys;
  • Warranties;
  • Manuals;
  • Test certificates;
  • Approved certificates;
  • Equipment information;
  • As-built drawings where included;
  • Spare tiles/materials where agreed;
  • Other documents identified in the Contract Documents.

34. Retention

Where retention applies, the Contractor shall be entitled to payment of the retained amount in accordance with the Contract Particulars.

Sample arrangement:

Retention: 5%

The Parties may agree that:

  • Part is released upon Practical Completion; and
  • The balance is released upon expiry of the Defects Liability Period, subject to outstanding defects.

35. Site Safety

The Contractor shall take reasonable measures to maintain safe working conditions at the Site.

The Contractor shall be responsible for the safety of its workers and subcontractors and shall comply with applicable occupational health and safety requirements.

The Owner shall not intentionally interfere with safety procedures or direct workers to undertake unsafe activities.

36. Insurance

The Parties shall identify the insurance requirements applicable to the project.

Depending on the project, these may include:

  • Contractor's public liability insurance;
  • Workers' compensation/employment-related insurance;
  • Construction insurance;
  • Insurance relating to plant and equipment;
  • Other project-specific insurance.

Evidence of relevant insurance shall be provided where required by the Contract.

37. Subcontractors

The Contractor may engage suitably qualified subcontractors for specialist works.

The Contractor shall remain responsible for the performance of its subcontractors to the extent provided by this Agreement.

The use of a subcontractor shall not by itself relieve the Contractor of its contractual obligations to the Owner.

38. Site Security

The Contractor shall take reasonable measures to secure the construction Site during the construction period.

The Owner shall not bring unauthorised persons onto hazardous areas of the Site without appropriate precautions.

39. Damage to the Works

The Contractor shall take reasonable care of the Works until Practical Completion.

Damage resulting from defective workmanship or Contractor negligence shall be rectified by the Contractor.

Damage resulting from an event outside the Contractor's reasonable control shall be dealt with in accordance with the applicable insurance and risk provisions.

40. Utilities

The Contract Documents shall identify responsibility for:

  • Temporary electricity;
  • Temporary water;
  • Permanent electricity connection;
  • Permanent water connection;
  • Telecommunications;
  • Sewer connection;
  • Septic systems;
  • Other utility infrastructure.

Utility authority charges shall be expressly identified as either included or excluded.

41. Approvals and Permits

The Contract Particulars shall identify which Party is responsible for obtaining:

  • Building approvals;
  • Planning approvals;
  • Local authority approvals;
  • Utility approvals;
  • Environmental approvals where applicable;
  • Other statutory permissions.

Neither Party shall knowingly instruct the other to undertake work in breach of applicable law.

42. Owner Changes

The Owner may request changes to:

  • Layout;
  • Room sizes;
  • Finishes;
  • Fittings;
  • Materials;
  • Electrical points;
  • Plumbing points;
  • External works;
  • Other aspects of the Works.

Such changes shall be processed through the Variation procedure.

Changes requested after construction has commenced may have additional cost and time implications.

43. Design Responsibility

The Contract Documents shall identify whether the design is provided by:

[Owner's Architect / Kedella Homes / Design-and-Build Team / Other]

Where the Contractor is responsible for design of a specified element, the Contractor shall be responsible for that design to the extent stated in the Contract.

Where the Owner supplies design documents, the Contractor shall construct in accordance with those documents and shall notify the Owner of apparent discrepancies or issues that should reasonably be identified during construction.

44. Intellectual Property

Drawings, specifications and design documents shall remain the property of their respective creators unless otherwise agreed.

The Owner shall have reasonable rights to use project-specific drawings and documents for the operation, maintenance and future repair of the completed house.

45. Photographs and Marketing

The use of photographs of the completed house for Kedella Homes' marketing purposes shall be subject to the Owner's consent and the Parties' agreed privacy arrangements.

The Contractor shall not publish personal information or identifying details of the Owner without appropriate consent.

46. Confidentiality and Personal Information

Each Party shall take reasonable care with confidential information received from the other Party.

Personal information shall be handled in accordance with applicable Sri Lankan law and the Contractor's privacy practices.

47. Suspension

Where the Owner fails to make a properly due payment after receiving appropriate notice, the Contractor may have rights to suspend the Works subject to applicable law and this Agreement.

Where the Contractor materially breaches the Agreement, the Owner may issue a written notice requiring the breach to be remedied.

The notice shall identify:

  • The alleged breach;
  • Required corrective action;
  • Reasonable time for correction.

48. Termination by Owner

The Owner may terminate the Agreement where the Contractor:

  1. Substantially abandons the Works;
  2. Repeatedly fails to perform material contractual obligations;
  3. Persistently performs defective work and fails to rectify it;
  4. Becomes insolvent or otherwise unable to perform the Contract;
  5. Commits a material breach and fails to remedy it following proper notice; or
  6. Engages in other conduct expressly identified as grounds for termination.

Termination shall be carried out in accordance with applicable law and the procedure in this Agreement.

49. Termination by Contractor

The Contractor may terminate the Agreement where the Owner:

  1. Persistently fails to make properly due payments;
  2. Prevents the Contractor from accessing the Site;
  3. Materially interferes with the Contractor's performance;
  4. Commits a material breach and fails to remedy it following proper notice; or
  5. Otherwise triggers a contractual right of termination.

50. Consequences of Termination

Following termination, the Parties shall determine:

  • Value of completed Works;
  • Value of materials properly purchased for the Works;
  • Outstanding approved Variations;
  • Amounts already paid;
  • Retention;
  • Damages or other amounts legally due;
  • Possession of relevant documents;
  • Removal of Contractor equipment;
  • Protection of completed Works.

A final account shall be prepared where reasonably practicable.

51. Dispute Resolution

The Parties shall first attempt to resolve disputes through good-faith discussion.

If the dispute cannot be resolved, the Parties may refer the matter to:

  1. The appointed Architect, Engineer or Quantity Surveyor for determination where appropriate;
  2. Mediation;
  3. Adjudication;
  4. Arbitration or court proceedings, as applicable.

The final dispute-resolution mechanism shall be stated in the project-specific Contract Particulars.

52. Governing Law

This Agreement shall be governed by the laws of the Democratic Socialist Republic of Sri Lanka, unless otherwise required by applicable law.

53. Notices

Formal notices under this Agreement shall be delivered by:

  • Hand delivery;
  • Registered post;
  • Recognised courier;
  • Email to the designated contractual email address; or
  • Another method agreed in writing.

The Contract Particulars shall identify the official notice addresses.

54. Electronic Communication

The Parties may agree that email and other identified electronic communication methods may be used for:

  • Project correspondence;
  • Document transmission;
  • Material approvals;
  • Meeting records;
  • Variation proposals;
  • Variation approvals.

The Contract Particulars shall identify which electronic communications constitute formal contractual approvals.

55. Entire Agreement

This Agreement and its Contract Documents constitute the agreement between the Parties concerning the Works.

Any amendment shall be made in writing and approved by the Parties.

56. No Oral Modification

No oral statement shall amend the Contract Price, Scope of Works, completion period or other material contractual obligation.

Any material amendment shall be documented in writing.

57. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue to operate to the extent permitted by law.

58. Assignment

Neither Party shall assign its material rights or obligations under this Agreement without the prior written consent of the other Party, except where permitted by applicable law or expressly provided in the Contract.

59. Force Majeure / Events Beyond Control

Neither Party shall be responsible for failure to perform an obligation to the extent caused by an event beyond its reasonable control, subject to applicable law.

The affected Party shall notify the other Party as soon as reasonably practicable.

The Parties shall take reasonable steps to mitigate the effects of such event.

60. Good Faith

The Parties shall cooperate reasonably and act in good faith to facilitate completion of the house in accordance with the Contract Documents.

Neither Party shall deliberately obstruct the performance of the other.

Schedule A - Project Description

Project Name: [____________________________]

Site Address: [____________________________]

Land/Assessment Details: [____________________________]

Approximate Floor Area: [____________________________]

Number of Floors: [____________________________]

Number of Bedrooms: [____________________________]

Number of Bathrooms: [____________________________]

Other Principal Features: [____________________________]

Schedule B - Payment Milestones

No. Milestone Percentage Amount
1 Contract / mobilisation [5%] LKR [ ]
2 Foundation [10%] LKR [ ]
3 Structure [15%] LKR [ ]
4 Roof [15%] LKR [ ]
5 Masonry/plastering [15%] LKR [ ]
6 MEP installation [10%] LKR [ ]
7 Finishes [15%] LKR [ ]
8 Practical Completion [10%] LKR [ ]
9 Retention [5%] LKR [ ]
Total 100% LKR [ ]

Schedule C - Inclusions and Exclusions

Included

The following are included where identified in the approved BOQ/specifications:

  • Foundation;
  • Concrete structure;
  • Masonry;
  • Roof;
  • Doors;
  • Windows;
  • Flooring;
  • Painting;
  • Electrical;
  • Plumbing;
  • Sanitaryware;
  • Kitchen;
  • External works;
  • Other.

Excluded

  • Loose furniture;
  • Curtains;
  • Appliances;
  • Air conditioning;
  • Solar system;
  • Utility connection fees;
  • Landscaping beyond agreed scope;
  • Other.

Schedule D - Owner-Supplied Items

Item Supplied By Required By
[Item] Owner [Date]
[Item] Owner [Date]
[Item] Owner [Date]

Schedule E - Allowances / Provisional Sums

Item Allowance Final Adjustment Method
Sanitaryware LKR [ ] Actual agreed cost
Kitchen LKR [ ] Actual agreed cost
Lighting LKR [ ] Actual agreed cost
Other LKR [ ] [Method]

Schedule F - Warranties and Defects

Item Warranty / Defects Period Responsible Party
General workmanship [12 months] Contractor
Waterproofing [ ] Contractor
Roof [ ] Contractor / Manufacturer
Electrical equipment [ ] Manufacturer
Plumbing equipment [ ] Manufacturer
Other [ ] [ ]

Schedule G - Approved Materials and Finishes

Item Specification Brand/Model Allowance/Rate
Floor tiles [ ] [ ] LKR [ ]/m2
Wall tiles [ ] [ ] LKR [ ]/m2
Paint [ ] [ ] [ ]
Windows [ ] [ ] [ ]
Doors [ ] [ ] [ ]
Sanitaryware [ ] [ ] [ ]
Kitchen countertop [ ] [ ] [ ]
Other [ ] [ ] [ ]

Schedule H - Variation Form

Project: [________________]

Variation No.: [________________]

Date: [________________]

Description of Variation

[________________________________________________]

Reason

[________________________________________________]

Additional Cost: LKR [________________]

Deduction: LKR [________________]

Net Contract Price Adjustment: LKR [________________]

Extension of Time: [None / ___ Calendar Days]

Revised Contract Price: LKR [________________]

Owner Approval

Name: __________________

Signature: ______________

Date: __________________

Contractor Approval

Name: __________________

Signature: ______________

Date: __________________

Schedule I - Practical Completion / Handover Checklist

  • Building substantially complete
  • Electrical system operational
  • Plumbing system operational
  • Sanitaryware installed
  • Doors and windows operational
  • Roof completed
  • Flooring completed
  • Painting completed
  • Kitchen completed
  • External works completed
  • Snag list prepared
  • Defects rectified or scheduled
  • Keys handed over
  • Warranties handed over
  • Manuals handed over
  • Test certificates handed over
  • As-built documents handed over where applicable

Schedule J - Project Communication

Owner's Official Email: [________________]

Contractor's Official Email: [________________]

Owner's Authorised Representative: [________________]

Contractor's Project Manager: [________________]

Architect/Engineer/QS: [________________]

Approved Communication Channels: [Email / Project Management System / Other]

Schedule K - Contract Signature Page

By signing below, the Parties confirm that they have read and understood this Agreement and agree to be bound by its terms, subject to applicable law.

Owner

Full Name:

____________________________________

NIC/Passport No.:

____________________________________

Signature:

____________________________________

Date:

____________________________________

Contractor

For and on behalf of:

Kedella Design and Construction (Pvt) Ltd.

Authorised Representative:

____________________________________

Designation:

____________________________________

Signature:

____________________________________

Date:

____________________________________

Witness 1

Full Name:

____________________________________

NIC/Passport No.:

____________________________________

Signature:

____________________________________

Date:

____________________________________

Witness 2

Full Name:

____________________________________

NIC/Passport No.:

____________________________________

Signature:

____________________________________

Date:

____________________________________

End of Sample Agreement

Kedella Homes

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Disclaimer: This sample document is provided for general information and demonstration purposes only. It does not constitute legal advice, a binding contract, quotation or offer. Actual contract terms may vary according to the project, approved drawings, specifications, BOQ, site conditions and applicable law.

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📍 Legal Name: Kedella Design and Construction (Pvt) Ltd

📍 Brand Name: Kedella Homes

📍 Office Address: No: 247 1/3, Peradeniya Road, Kandy, 20000, Sri Lanka

📍 Service Availability: Islandwide Professional Service Coverage (Across Sri Lanka)

📍 Hotline / Telephone: +94702222111

📍 Official Email: kedallaarc@gmail.com

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📞 Sundays & Public Holidays: Closed (Consultations available by prior appointment)

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Last Updated: 2026-08-12T03:22:17+05:30


About the Author

Eng. Amila Perera: B.Sc. Engineer, AMIESL (A/M 10420) — Founder and Director of Kedalla Design and Construction (Pvt) Ltd. Eng. Amila Perera has over 20 years of professional experience in the design and execution of residential, commercial, and industrial building projects across Sri Lanka. He is an Associate Member of the Institution of Engineers Sri Lanka (IESL) and an alumnus of the Faculty of Engineering, University of Peradeniya . His expertise spans structural design coordination, construction planning, cost estimation, and end-to-end project management.

Reviewed By: Kedalla Design & Construction IT Team