Construction Contract In Return For Land Share
CONSTRUCTION AGREEMENT AGREEMENT FOR CONSTRUCTION AGREEMENT IN LAND SHARE
Article 1- Parties;
This agreement is between the owners ……… ……… and the contractors ……. ……. and …….. of the immovable registered on … island … plot … zoned parcel … …….. In this contract, the parties shall be referred to as the owners of the immovable (Owner) and the contractors (Contractor).
Article 2 – Subject;
The subject of the contract is the demolition of the existing three-storey reinforced concrete building on the … island, … parcel of the zoning by the contractor and the construction of a new building to be built within the project to be drawn in accordance with the owner’s request by the contractor. The building to be constructed will have three offices and a ground floor, a first basement floor with three commercial warehouses connected to the offices, a second basement floor with a heating room, booster, fuel tank and shelter, and five floors with two apartments on each floor. The caretaker’s apartment will be built in the first or second basement floor according to the arrangement of the project.
Article 3 – Location Delivery;
The immovable will be delivered to the contractor by the owner to be empty.
Article 4 – Nature of Construction;
Construction shall be carried out in accordance with this contract and the attached technical specifications which are an integral part of it.
Article 5 – Division of the Building;
The building to be constructed shall be divided in half between the owner and the contractor. In this division, two offices and … apartments that will fall on it will be considered as the first group and other offices and … apartments that will fall on it will be considered as the second group and the right to choose one of these two groups will belong to the owner. Balance between the groups shall be ensured while organizing the project.
Article 6 – Responsibility in Demolition, Excavation and Construction;
The contractor shall be responsible for all kinds of damages to neighbors or other third parties during or due to the demolition of the existing building, excavation and construction of the new building and for damages arising from work accidents. If a lawsuit is filed against the owner for this reason, this lawsuit shall be notified to the contractor. In this case, the contractor shall follow the lawsuit in the name of the owner.
Article 7 – Expenses;
All kinds of materials required for construction, labor fees, project expenses, insurance premiums and penalties, attorney and title deed expenses, expenses for the revision of type and the establishment of condominium easement and ownership, and all kinds of taxes, duties and fees belong to the contractor, unless otherwise provided in this contract.
Article 8 – Taxes;
… real estate tax, ……… taxes will be divided equally between the owner and the contractor, provided that the year is included. However, the contractor shall first pay the share of the land owner to the relevant administration and after the work is completed, the owner shall pay this debt to the relevant administration and after the work is completed, the owner shall pay this debt to the contractor. The Contractor shall notify the Owner at least … days before making this payment so that he may file a reservation against the Administration. In the event of their return in the future, the amount to be returned shall be divided equally between the owner and the contractor.
The ………………………………… tax and ………………………… tax to be realized on behalf of the owner due to the sale of the independent sections belonging to the contractor shall belong to the contractor.
The ………………. tax and …………………….. tax of the independent sections remaining to the land owners will belong to them. However, after the demolition of the existing reinforced concrete building, when the type of immovable is converted to land, its value will be shown as ………………. lira, and this contract has been drawn up considering the possibility that the total sales price of all of them may reach ………………………. lira in the sale of the independent sections of the contractor to others as land.
Article 9 – Sales of Independent Sections Belonging to the Contractor;
After the change of type and the establishment of the condominium easement, the owner shall give power of attorney to the contractor for the sale of two apartments with the pouring of the ceiling concrete of the first floor excluding the ground floor, one apartment with the pouring of the roof concrete, two apartments with the laying of the walls and the installation of the joinery frames, the office with the start of the interior and exterior rough and thin plasters and the heating and sanitary installations, the complete installation of the joinery, the completion of the tiles and floors and the sanitary contractor for each stage of the sale as requested by the contractor. The contractor shall prepare the necessary documents for the establishment of the floor easement.
Article 10 – No change in the price;
In the event that circumstances that could not be predicted beforehand or that were predicted but not taken into consideration by both parties, and especially in the event that increases in material prices and labor wages prevent the execution or occupy the execution to the last degree, the contractor cannot request an increase in the price or termination of the Contract or a change in the conditions. The Contractor is obliged to perform the work at the agreed price in any case.
Article 11 – Prohibition of assignment;
The contractor cannot assign the work he has received to someone else; he cannot have someone else do it, even by proxy. Otherwise, the owner is authorized to terminate the contract.
Article 12 – Delivery;
The contractor is obliged to complete the work and deliver it to the owner so as to be ready to receive the certificate of occupancy within …. months at the latest from the delivery of the site. However, if the ground delivery is made after the end of the construction season, this period starts when the new construction season begins. The purpose of the construction season is the period between the end and the beginning of the frost that year. The purpose of the completion of the work is that the water, air gas, electricity is ready to be connected, the sewage connection is provided, the elevator and hydrophore installations have been made in accordance with the project, all the facilities have been completed according to the technical specifications and the territory is arranged.
Article 13 – Incomplete and Defective Works;
The contractor is responsible for incomplete and defective works in the building to be constructed. The contractor shall complete or correct the incomplete and defective works in the independent sections and common areas left to the owner, even if they are not notified immediately after the delivery or acceptance of the work, the contractor shall complete or correct them free of charge. The contractor shall be liable for all claims to be brought against the owner by the buyers of the independent sections sold by the contractor due to incomplete and defective works or any disputes related to the sale. The provisions of Article 5 shall also apply to the lawsuits to be filed against the owner for this reason.
Article 14 – Delay in Delivery;
If the contractor fails to complete and deliver the work on the day and in the manner specified in Article 12, he is obliged to pay ……..-TL. delay compensation to the owner for each month as rent deprivation. If this delay exceeds three months, the owner has the right to terminate the contract and demand the actual rent and other damages and losses and also to have the incomplete and defective works completed and corrected on the contractor’s account.
Article 15 – Control During Construction;
A blueprint copy of the architectural project and reinforced concrete, heating, electricity, air gas and water installation projects shall be given to the owner. The owner may have the construction checked at any time whether the construction is carried out in accordance with the contract and technical specifications and projects by a scientist. The contractor is obliged to immediately bring the contrary matters into conformity, to correct the inaccuracies and to replace the materials.
Article 16 – Special conditions;
The name of the apartment building shall be ……………… Facilities such as advertisements, announcements and glass windows will not be placed at the entrance of the apartment building. The Management Plan will be made with the alliance of the parties and no sale will be made before this plan is issued and the acceptance of the plan by the buyers will be provided to the contractor. The doorman shall be hired by the agreement of the parties.
Article 17 – Special Power of Attorney;
The owner shall give a special power of attorney to the contractor for the applications required to be made to the Directorate of Zoning, the Directorate of Public Works, the Directorate of Electricity and Air Gas Operation, the Land Registry Directorate limited to the establishment of the type change and the establishment of the condominium easement.
Article 18 – Responsibility shall be joint and several;
The responsibility of the contractors against the owner is joint and several.
Article 19 – Notification address;
The address of the owner is ……………….
The address of the contractor is ………………………….
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Article 20 – Authorized Courts and Enforcement Offices in Dispute Resolution;
In case of dispute ……………. Courts and Enforcement Offices shall be authorized.
This contract was concluded on the day of …/…/…… at ……..
Owners Contractors
ADDITIONAL TECHNICAL SPECIFICATIONS TO THE CONSTRUCTION AGREEMENT
1 – The building will be constructed by utilizing the maximum construction area of the land and legal overhang rights and will be reinforced concrete, carcass, natural gas, elevator and hydrophore.
2 – The structural system of the building shall be calculated and constructed as reinforced concrete frame in accordance with the technical and static specifications of the Ministry of Public Works. Concretes produced by … shall be used in the concrete parts of the construction. … brand molds will be used in the construction of the building.
3 – Interior and exterior walls will be built with … brand bricks. All plasters will be made with gypsum and cement reinforced mortar.
4 – Flooring of the rooms will be made of first quality … brand parquet.
5 – The roof will be a seated roof covered with … brand … type tiles.
6 – According to the heating project, … cm. thick insulating glass will be used on the under-roof flooring.
7 – … brand radiator will be used in the natural gas installation upon request. … brand combi boilers will be installed in the apartments.
8 – The building will have a water tank and hydrophore installation calculated according to the plumbing project and each independent section (apartments, shops and heating room) will have a separate water meter installed.
9 – Sewage pipes shall be cast iron pipes and pimas as required until they go outside the building. Kitchen, bathroom and WC will be well insulated and WC pipes will be extended as air pipes until the outside of the roof.
10 – All plumbing fixtures will be … brand.
11 – Stair steps will be made of ………………. brand marble.
12 – Flooring and wall covering at the entrance of the apartment will be natural marble in appropriate color.
13 – The walls in the stairwell will be … brand plastic paint or oil paint.
14 – Stair railings will be made of hardwood wood handrail on iron production and glass polish will be applied to the handrail.
15 – Window joinery on normal floors shall be first … brand joinery. On the ground floor, the front facade joinery shall be aluminum profile metal joinery. Window sills will be marble.
16 – Door frames will be first class … brand joinery.
17 – Glass thicknesses will be at least 3 mm, thicknesses will be determined according to the size of the space. Door and window glasses will be double glass.
18 – The front facade of the building shall be exposed concrete or marble cladding, side and rear facades shall be exposed concrete or cement sprinkling as required. Gross concrete surfaces shall be painted with acrylic based paint.
19 – All walls of shops and apartments shall be made of satin plaster. The halls of the apartments will be painted with cream oil paint. Other rooms will be painted white. Ceilings will be covered with plasterboard plaster.
20 – In the shower – W.C.s, the walls will be covered with tile tiles up to the ceiling, if it fits, there will be a shower tray and tubular bathroom faucet, a first class white tile sink of appropriate size, two sink faucets, white tile etagere, mirror, alafranga white tile toilet stone, toilet seat automatic reservoir, bidet faucet, white tile built-in paper holder, white tile soap dish, white tile soap dish, hanger and grounded single-phase socket.
21 – In the kitchen, four rows on the countertop and the oven will be covered with white tile tiles at the same height, a one-meter double-compartment steel sink countertop, a sink faucet on it, the same type of steel cabinet on the countertop, an aspirator will be installed on the oven and there will be two grounded single-phase sockets.
22 – W.C. and sinks in the warehouses of the stores shall be as in the apartments.
23 – Internal television antenna, telephone and electrical installations will be made, and each room will have a telephone and a single-phase power outlet. There will be enough single-phase sockets and one three-phase socket in the stores. Two independent telephone sockets will be installed in each store. A bell will be installed on the installation and street door to call the doorman from the apartments. All electrical fuse tables will be in a sheet metal box.
24 – Appropriate size vending machines will be installed in the kitchens of the apartments. Natural gas installation will be made to connect to the stoves.
25 – The apartment doors will be fitted with mortise locks, suitable knockers and binoculars.
26 – At the entrance of the apartment building, a steel or formica recessed mailbox will be made as many as the number of independent sections, and a glassed-in announcement place will be placed at the head.
27 – The elevator to be placed in the building will be a 4-person ………………………… brand elevator.
28 – All materials and workmanship will be first class.
These technical specifications are issued and signed as an annex to the construction contract dated …/…/…… concluded between the parties. ../…/…
Owners
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Contractors
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