Architectural Balustrade Template

Architectural Balustrade Agreement

WHEREAS, Client Name: (the "Client") desires to procure design, supply and/or installation services for balustrade, guardrail and related architectural elements for the project described below; and

WHEREAS, Contractor Name: (the "Contractor") is qualified and willing to perform such services in accordance with the terms and conditions set forth in this Agreement; and

WHEREAS, Project: located at Site Address: (the "Project").

1. Scope of Work

The Contractor shall furnish all labor, materials, equipment, supervision and services necessary to perform the work described in this Agreement and in any attached drawings, specifications and shop drawings. Work includes fabrication, finishing, anchorage, site coordination with other trades, test-fitting and final installation as required for code-compliant balustrade systems.

Supply of prefabricated balustrade components
Supply and installation (turnkey)
Design and shop drawings
Site modifications, cutting, welding, or finishes beyond standard scope

2. Contract Sum and Payment Terms

Contract Sum: $ payable in accordance with the payment schedule below. All sums are exclusive of applicable sales tax unless otherwise indicated.

Retainage (if any): . Progress payments are due upon submission of an invoice and shall be paid within days of invoice date.

Late Payment: Unpaid balances shall accrue interest at or the maximum legal rate if lower. Contractor may suspend work if payments are more than days overdue after written notice.

3. Term and Termination

Commencement of Work: Work shall commence no later than subject to timely receipt of deposit, approved shop drawings and required permits.

Substantial Completion Target Date: . Actual completion time may be extended for change orders, weather, labor disruptions, material lead times, or other excusable delays.

4. Changes and Change Orders

Any changes to scope, materials, finishes, dimensions or schedule shall be issued only by written Change Order signed by authorized representatives of both parties. Change Orders shall specify cost adjustments, if any, and time impacts. Contractor shall not be required to proceed with work subject to an unresolved change without written authorization.

5. Warranties and Acceptance

Contractor warrants that materials and workmanship provided under this Agreement shall be free from defects for a period of from date of substantial completion, subject to normal wear and misuse exclusions. Manufacturer warranties, if any, will be assigned to the Client to the extent assignable.

Final acceptance shall be based on inspection and written acceptance by the Client or the Client's representative within after notice of completion. Failure to provide timely written notice of defects shall be deemed acceptance.

6. Confidentiality

Each party shall treat as confidential all proprietary drawings, shop details, pricing, fabrication techniques and other non-public information disclosed in connection with this Agreement (the "Confidential Information"). Confidential Information shall not be disclosed to third parties except to agents, fabricators or subcontractors who have a need to know and who are bound by confidentiality obligations no less protective than those herein. Confidentiality obligations survive termination of this Agreement for a period of three (3) years.

7. Insurance, Indemnity and Liens

Contractor shall maintain commercial general liability, employer's liability and workers' compensation insurance in amounts customary for the trade and shall provide certificates upon reasonable request. Contractor shall indemnify, defend and hold the Client harmless from claims arising out of Contractor's negligent acts or omissions in performance of the Work, except to the extent caused by the Client's negligence.

Contractor shall promptly provide waivers of lien upon receipt of final payment. If Contractor fails to timely remove any lien, Client may withhold funds sufficient to bond off or satisfy such lien.

8. Drawings, Samples and Submittals

Contractor shall submit shop drawings, material samples and finish mock-ups for Client's review and approval in a timely manner. Approval of submittals shall not relieve Contractor from responsibility for compliance with contract documents or applicable codes.

9. Delays and Force Majeure

Neither party shall be liable for delays due to causes beyond its reasonable control, including but not limited to acts of God, strikes, shortages, acts of government, material delays or severe weather. The party affected shall notify the other promptly and use reasonable efforts to mitigate delay and resume performance.

10. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of laws principles. The parties shall attempt in good faith to resolve disputes by negotiation; if unresolved, disputes shall be resolved by binding arbitration or in the courts of competent jurisdiction as agreed below.

11. Entire Agreement

This Agreement, together with any attached drawings, specifications, shop drawings and executed Change Orders, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations and agreements, oral or written. No amendment shall be effective unless in writing and signed by authorized representatives of both parties.

12. Notices

13. Miscellaneous

Assignment: Neither party may assign its rights or delegate its obligations under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld.

Severability: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

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