 |
Sample Form Construction Contract
... First Draft ...
[This Contract is a First Draft which requires extensive additions, deletions, and adaptation to the client's specific jurisdiction, physical location, and physical needs and requirements. It should only be utilized after careful review by an experienced real estate/construction attorney who is familiar with the client and the project.]
CONTRACTOR/OWNER AGREEMENT
FOR REMODEL PROJECT
IN CONSIDERATION OF their mutual promises [*******], Lic. # [***********], (the Contractor) and [********] (the Owner), agree to the below described addition and improvement (the Project) for [*********] (the Property) whose legal description is [*************].
1. The Project. The Contractor shall furnish all labor, equipment, and material to construct and complete in a good workmanlike manner the improvement and addition to the Property pursuant to the plans and specifications drawn by [***** Architects *****], approved by the [*******] Planning and Community Development Department . Said improvement and addition includes putting on a new roof with new flashing throughout on the Property with a 40 year warranty document to protect the Owner. Said improvement and additions includes installing a front door and power button on both sides of the door to open the door (in compliance with the standards for power doors in order to accommodate handicapped persons).
The commencement date shall be: [*****]
The completion date shall be: [*****]
The total contract price shall not exceed $[*****] which includes Contractor's overhead and profit which shall be paid to Contractor in pro rata shares each month based on the percentage of completion at the end of each calendar month; provided, however, that the contract price shall be reduced in the event that Owner's Agents, or any one of them, shall deduct and remove [*****].
2. Owner's Agents. The Owner's Agents shall be [*****].
3. Subcontractors; Lien Releases. Contractor shall make certain that all subcontractors have a minimum of $1 Million liability insurance for all risks and all hazards at all times with respect to the Project. Contractor shall maintain a file which includes copies of Certificates of Insurance and Declaration Sheets with respects to all contractors. Contractor shall promptly obtain a Lien Release from all materialmen and subcontractors for any and all materials, supplies and work performed by each subcontractor and supplier.
4. Contractor's Billings; Payments. Contractor shall submit to [*****]. Final Payment shall be $50,000. of the total Contract Price and said Final Payment of $50,000. shall be withheld and shall not be due and shall not be paid to Contractor unless and until final approval is given by [*****]
5. Attachments. Attached hereto and incorporated herein by this reference are the Cost Sheet consisting of (47) forty seven items (see Budget ID numbers) consisting of [$*****].
6. Supervision and Scheduling. Contractor shall supervise and schedule all construction activity, work of employees and independent contractors, and work of all subcontractors. Contractor shall be solely responsible for all safety and risk management with respect to any dangers and hazards and nuisances in and around the Property at all times during the performance of the contract. The term safety and risk management includes all dangers and hazards to workers on the Property and visitors and members of the public in and around the Property. Contractor shall also monitor and be responsible for the ingress, egress and parking of all vehicles in and around the Property at all times during construction. Contractor shall regularly inspect, discover and correct or repair and make safe all dangers, defects and hazards in and around the Property.
7. Contractor's Costs and Overhead. The Contractor shall be solely responsible for his own costs and overhead items, including but not limited to: wages or salaries of his employees and/or independent contractors and subcontactors; all unemployment compensation, social security, health insurance, liability insurance premiums, and federal income tax withholdings of his employees and/or independent contractors and subcontractors. The Contractor's Profit and Overhead is item 47 in the Cost Sheet [$*******] and no more.
8. Other Jobs, Other Projects. Contractor shall not undertake or be responsible for or connected with any other jobs or projects unless and until this Project is completed and Final and Approved by the City of [******] Planning Department
9. Accidents & Liability. Contractor shall maintain public liability insurance on the Property in the minimum limit of Five Hundred Thousand and No/100ths Dollars ($500,000.00) for property damage and in the minimum of One Million and No/100ths Dollars ($1,000,000.00) for bodily injuries or death, and shall name Owner as an additional insured.
10. Immigration; legal status. Contractor shall make certain that his employees and all subcontractor employees are legally residing in the United States in compliance with all immigration laws.
11. Liens and Insolvency. Contractor shall keep the Property free from any liens arising out of any work performed, materials furnished, or obligations incurred by the Contractor and all subcontractors and suppliers of materials for the Project. Contractor shall promptly obtain Lien Releases from all subcontractors and materialmen as set forth in Paragraph 3, above.
12. Assignment. Contractor shall not assign or delegate any portion of this contract . Contractor may not substitute any other person or party to perform his duties under this contract.
13. Security; Fence; Sidewalk Closure. Contractor is solely responsible for theft or trespass on the Property during the work on the Project. Contractor shall erect and maintain and keep locked a cyclone fence around the Property during the work, 24 hours per day, on the Project. Contractor shall close the sidewalk, and post a Sidewalk Closed sign, on all sidewalks contiguous with the Property. Contractor shall apply for and obtain the City of [******]'s Approval to close the sidewalk. Contractor shall post Safety Rules on a sign on the fence at the entrance to the Project site, and Visitors shall be prohibited from entry, and all persons entering the site shall be required to wear a construction hard hat.
14. Dispute Resolution. In the event of any dispute between Contractor and Owner (during and after the work on the Project): The work on the Project shall continue without interruption and disputes shall not cause any delay in performance by Contractor and Owner. All disputes shall be resolved by a final and binding arbitration in accordance with the rules of the American Arbitration Association. Contractor and Owner shall bear their own attorneys' fees arising from any dispute or arbitration. This arbitration clause shall survive the completion of the Project and shall apply at all times during and after the work on the Project. The decision by the Arbitrator(s) shall be final, binding, and enforceable (in King County Superior Court, in accordance with Washington state law) in Seattle, Washington. There shall be no right of appeal from the decision of the Arbitrator(s) and there shall be no right of appeal from any enforcement action after a King County Superior Court Judge shall have rendered an enforcement decision including, but not limited to, injunction relief granted by the court.
15. Contractor's Compliance With Environmental Laws and Noise and Pollution Laws. The parties acknowledge that there are certain federal, state and local laws, regulations and guidelines now in affect and that additional laws, regulations and guidelines may apply to this Project and its work concerning environmental damage, noise restrictions and pollution from chemicals and carbon emissions. Contractor shall not cause, or permit to be caused, any act or practice by negligence, or omission, or otherwise, that would adversely affect the environment or do anything or permit anything to be done that would violate any of said laws, regulations and guidelines concerning noise and pollution in and around the Property during the Project work.
16. Personal Property Pre-existing Items to be Saved for Owner. Contractor is aware of the following pre-existing items in the Property and Contractor agrees to save these items for the Owner:
[*****************]
17. The Architect. The Architect for this contract is [*****************] and said Architect shall approve in writing each stage of completion. The stages of completion shall be defined as [***************]. Said Architect shall describe with specificity in a written opinion letter all reasons for non-approval, if any there be.
18. Notices. Any notice [***************************]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement with duplicate Originals on the ___________ day of ____________ 2025
Owner:
By: _______________________
Contractor:
By:________________________
|
|
|
|
|
 |
Memorize This Number
|
|
