Fill and Sign the Agreement House Form

Renovation of House Damaged by Water Agreement made on the ___________________ (date), between _______________________ (Name of Owner) of ______________________________________________________ (street address, city, state, zip code) , referred to herein as Owner , and _________________________ (Name of Contractor) , a corporation organized and existing under the laws of the state of ____________________ (name of state) , with its principal office located at ________________ _____________________________________ (street address, city, state, zip code) , referred to herein as Contractor. Whereas, Owner holds legal title to the real property (the Property ) described in Exhibit A attached hereto, made a part hereof, and initialed by both Owner and Contractor; and Whereas, Owner has requested that Contractor renovate a residential dwelling, hereinafter called the Dwelling on the Property in accordance with the provisions of this Agreement; and Whereas, the Dwelling has suffered extensive water damage; and Whereas, Contractor has agreed to renovate said Dwelling pursuant to the terms of this Agreement; Now, therefore, for and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the parties agree as follows: I. Renovation of the Dwelling Pursuant to Plans and Specifications. A. Contractor hereby agrees to renovate the Dwelling on the Property in accordance with provisions of this Agreement and in general conformity with the Plans and Specifications described in Exhibit B attached hereto, made a part hereof and hereinafter called the Renovation Work. B. The Plans and Specifications have been signed and dated simultaneously with the execution of this Agreement by both the Contractor and Owner. Any changes in the Plans and Specifications which have been agreed upon by both the Contractor and Owner have been clearly shown and initialed by both the Contractor and Owner. The Renovation Work shall not include the repair, replacement, or remedy of any existing condition of the Dwelling which is not specifically included in the Plans and Specifications, and Contractor shall have no responsibility or obligation with respect thereto. II. Date of Commencement and Substantial Completion. Contractor shall commence the Renovation Work on or before ___________________ (date), hereinafter called the Commencement Date and shall cause the Renovation Work to be substantially complete on or before ____________________ (date), hereinafter called the hereinafter the Completion Date, subject to such extensions of the Completion Date as might occur pursuant to the provisions of this Agreement. The Renovation Work shall be deemed completed upon the issuance of a Certificate of Occupancy by the applicable governmental building inspection department, if there is such a department in the jurisdiction in which the Property is located, and, if no such department exists, then upon the reasonable determination by the Contractor that the Renovation Work is substantially complete and ready for occupancy. III. Consideration. Owner shall pay to Contractor in current funds for the Renovation Work by Contractor as follows: A . The sum of $____________ on Commencement Date; B. The sum of $____________ upon the finishing of the damaged dry walls and ceilings; C. The sum of $____________ upon finishing the damaged hardwood floors; D. The sum of $____________ upon completion of the repair of the _______ (number) bathrooms and the fire place walls; and E. The sum of $____________ upon finishing sanding, coating floors and painting as necessary. IV. Cancellation A. This Agreement may be cancelled by Owner within _______ (number) business days following the date of the execution of this Agreement by giving written notice of rescission to Contractor at the address given in this Agreement, in which event Owner shall be entitled to a complete refund of the down payment given to Contractor at the time of the execution of this Agreement. B. After the period expressed in Subparagraph A, but before the actual commencement of work by Contractor, Owner may cancel this Agreement, in which event Owner shall forfeit to Contractor the down payment given at the time of the execution of this Agreement. C. If Owner cancels this Agreement after the Contractor has commenced the work, other than as set forth above, then Owner shall forfeit the amount of the down payment given to Contractor at the time of the execution of this Agreement and, in addition, shall pay to the Contractor a sum equal to $___________ for each day worked by Contractor from the Commencement Date. D. If Contractor is unable to complete the performance of its obligations under this Agreement due to acts of God, strikes, unavailability of supplies or material, or any other contingency beyond its control, then Owner may at his or her option cancel this Agreement, in which event Owner shall only be liable to pay Contractor a sum equal to $___________ for each day worked by Contractor from the Commencement Date. E. If the Dwelling is destroyed by fire, earthquake, or any other cause not attributable to Owner, this Agreement shall automatically be cancelled with the parties having no further obligation to each other, and the down payment given by Owner at the time of the execution of this Agreement shall be retained by Contractor. V. Alterations. Any alterations or modifications initiated by Owner or Contractor must be agreed upon between the parties and the price fixed by them before work on such alteration or modification shall commence. Payment for such alteration or modification shall be made at the time of the final completion of the work. VI. Permits and Licenses. Contractor shall be responsible for securing the necessary permits and licenses for the work at his or her own cost and expense. VII. Warranty. Contractor guarantees that the work will be constructed in accordance with accepted home improvement and repair practices, and it will guarantee against defects in the quality of work and materials for a period of ________ ( number) years from the date of its completion. This warranty does not cover damage or defects that are the result of characteristics common to the materials used or conditions resulting from condensation, expansion, or contraction of such materials. Warranty work must be completed within ______ ( number) days from the date of receipt of written request from Owner. VIII. Severability. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. IX. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. X. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of __________________ (name of state). XI. Notices. Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. XII. Attorney’s Fees. In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. XIII. Mandatory Arbitration. Notwithstanding the foregoing, and anything herein to the contrary, any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. XIV. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. XV. Modification of Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. XVI. Assignment of Rights. The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. XVII. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. XVIII. Compliance with Laws. In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties. WITNESS our signatures as of the day and date first above stated. ___________________________________ (Name of Contractor) ________________________ By: _______________________________ (P rinted Name of Owner) (P rinted Name & Office in Corporation) ________________________ __________________________________ (Signature of Owner) (Signature of Officer)