Builder Project Documents

BUILDER PROJECT DOCUMENTS

This Builder Project Agreement (the Agreement) is entered into as of Effective Date: by and between Client Name: ("Owner") and Builder Name: ("Builder").

WHEREAS

WHEREAS, Owner intends to engage Builder to perform construction and related services for the project identified as Project Name: located at Project Address: ;

WHEREAS, Builder represents that it holds the required licenses, expertise, equipment and personnel to perform the scope of work and shall perform in a professional and workmanlike manner in accordance with applicable law and industry standards.

WHEREAS, the parties desire to set forth the terms and conditions applicable to the performance of work, payment, and completion of the Project as set forth in this Agreement.

SCOPE OF WORK

Builder will supply standard materials as described in the Scope of Work.    Owner will supply owner-selected items (to be specifically listed and approved).

PAYMENT TERMS

Total Contract Price: $

Deposit Amount (due upon execution): $   Retainage: %

Late Payment Fee: . If any invoice is not paid within thirty (30) days of issue, interest shall accrue as set forth above and Owner shall reimburse reasonable collection costs.

Final payment shall be conditioned upon Builder's delivery of lien waivers for all subcontractors and suppliers for which payment is being made, and upon completion of punch list items as reasonably determined by the parties.

CHANGES / CHANGE ORDERS

Change Order Authorization Required: Yes    Estimated Change Order Approval Timeframe:

PERMITS, INSPECTIONS & COMPLIANCE

Builder shall, at Builder's expense unless otherwise agreed, obtain and pay for all permits, inspections and approvals required by local authorities. All work shall comply with applicable codes, regulations and permit conditions.

INSURANCE, INDEMNITY & LIENS

Builder shall maintain commercial general liability insurance, workers' compensation and automobile liability insurance in amounts customary for the scope of the work. Builder shall indemnify and hold harmless Owner from claims arising from Builder's performance, except to the extent caused by Owner's gross negligence or willful misconduct.

Owner shall not unreasonably withhold payment for amounts invoiced for completed work. Builder may, after providing the notices required by law, record mechanic's liens for unpaid amounts; Owner may require conditional lien waivers prior to release of payment.

WARRANTIES

Builder warrants that the work performed under this Agreement shall be free from defects in workmanship for a period of Warranty Period (months): months from substantial completion, provided Owner gives prompt written notice of any defect.

TERM AND TERMINATION

Commencement of Work:   Estimated Substantial Completion:

Either party may terminate this Agreement for material breach if the breaching party fails to cure such breach within Notice Period (days): days following written notice. Upon termination, Owner shall pay Builder for work performed and reasonable demobilization costs.

CONFIDENTIALITY

Each party shall treat as confidential and not disclose to third parties without prior written consent any nonpublic information disclosed in connection with the Project, except information that (a) is or becomes publicly known other than through breach of this Agreement, (b) is rightfully received from a third party free of restriction, or (c) is required to be disclosed by law. The obligations under this Section shall survive termination for a period of Confidentiality Period (years): years.

DISPUTE RESOLUTION

The parties agree to attempt in good faith to resolve disputes by negotiation. If negotiation fails, disputes shall be submitted to binding arbitration in accordance with the chosen arbitration rules of the governing jurisdiction. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The prevailing party shall be entitled to recover reasonable attorneys' fees and costs.

GOVERNING LAW & ENTIRE AGREEMENT

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.

This Agreement, together with any exhibits and written change orders, constitutes the entire agreement between the parties with respect to the Project and supersedes all prior negotiations, representations and agreements, whether written or oral. No amendment shall be effective unless in writing and signed by both parties.

NOTICES

Notices shall be in writing and delivered by personal delivery, nationally recognized overnight courier, or certified mail (return receipt requested) to the addresses set forth above or such other address as a party may designate in writing.

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