Builder Construction Agreement

BUILDER CONSTRUCTION AGREEMENT

This Builder Construction Agreement ("Agreement") is made effective as of between:

RECITALS

WHEREAS, Owner desires to have certain construction work performed at the Project Location described above; and

WHEREAS, Builder is duly licensed, experienced and qualified to perform the construction, and represents that Builder will perform the Work in a good and workmanlike manner in accordance with this Agreement and applicable codes and regulations; and

WHEREAS, the parties agree the material terms of the Work, payment, and responsibilities are set forth below.

SCOPE OF WORK

Builder shall furnish all labor, materials, equipment and supervision and shall perform the work described as follows:

CHANGE ORDERS

Any modification, addition or deletion to the Scope of Work shall be effective only if memorialized in a written change order signed by both parties describing the change, any adjustment to the Contract Price, and any extension to the schedule. No oral instruction shall constitute a change order.

PAYMENT TERMS

Contract Price (Total): $. Payment shall be made as follows:

Retainage: % of each progress payment until substantial completion, unless otherwise agreed in writing.

Invoices shall be due and payable within days of receipt. Late payments shall bear interest at % per month (or the maximum allowed by law), computed from the date payment was due.

TERM AND TERMINATION

Work Commencement Date: . Expected Substantial Completion Date: .

Either party may terminate this Agreement for cause if the other party materially breaches and fails to cure such breach within days after written notice. Owner may terminate for convenience upon written notice, subject to payment for Work performed and reasonable demobilization costs.

CONFIDENTIALITY

Each party shall treat as confidential all non-public technical, financial and business information of the other party disclosed in connection with this Agreement ("Confidential Information"). Confidential Information shall not include information that (i) is or becomes generally available to the public through no fault of the receiving party, (ii) was rightfully in the receiving party's possession prior to disclosure, or (iii) is required to be disclosed by law or regulation, provided that the disclosing party is given prompt notice and an opportunity to seek protective relief.

INSURANCE, INDEMNITY & LIENS

Builder shall maintain insurance customary for the construction industry, including commercial general liability and workers' compensation, and shall provide certificates upon request. Minimum insurance limits: .

Builder shall indemnify and hold Owner harmless from claims, damages or liabilities arising out of Builder's negligent acts or omissions, except to the extent caused by Owner's negligence. Builder shall promptly pay all subcontractors and suppliers to avoid mechanics' or construction liens against the Project.

Require lien waivers on progress and final payments: Yes

WARRANTIES

Builder warrants that all Work performed shall be free from defects in workmanship and materials for a period of months from the date of substantial completion, except for defects arising from ordinary wear and tear or Owner's misuse. Additional warranty details:

PERMITS AND COMPLIANCE

Builder shall, at Builder's expense unless otherwise specified, obtain and pay for all permits, inspections and approvals required by applicable law for performance of the Work. Builder shall perform the Work in compliance with all applicable building codes, ordinances and lawful orders of public authorities.

DISPUTE RESOLUTION

The parties shall attempt in good faith to resolve disputes arising under this Agreement through negotiation. If negotiation fails, the parties agree to submit unresolved disputes to mediation. If mediation is unsuccessful, either party may pursue any available legal or equitable remedies in a court of competent jurisdiction.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to conflict of law principles.

ENTIRE AGREEMENT

This Agreement, including all exhibits and signed change orders, constitutes the entire agreement between Owner and Builder with respect to the subject matter hereof, and supersedes all prior and contemporaneous negotiations and agreements, whether written or oral. No amendment shall be effective unless in writing and signed by both parties.

NOTICES

Notices required or permitted under this Agreement shall be in writing and shall be deemed given when delivered personally, by nationally recognized overnight courier, or by certified mail, return receipt requested, to the addresses set forth below or to such other address as either party designates by notice to the other.

The parties acknowledge that each has had the opportunity to consult with counsel and that any ambiguous provisions shall not be construed against the drafting party.

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