Construction Addition and Renovation

CONSTRUCTION ADDITION AND RENOVATION AGREEMENT

Parties and Project

Owner Name:

Contractor Name:

Agreement Date:

WHEREAS

WHEREAS, Owner is the legal owner of the real property located at the Project Address set forth above and desires to undertake an addition and renovation to the existing improvements (the "Project"); and

WHEREAS, Contractor represents that it is duly licensed, insured, and qualified to perform the Construction and related services described in this Agreement and has represented to Owner that Contractor possesses the necessary experience and personnel to perform the work; and

WHEREAS, Owner and Contractor desire to set forth the terms and conditions under which Contractor will perform the construction addition and renovation work at the Project.

Scope of Work

Contractor shall furnish all labor, materials, equipment, supervision and services necessary to complete the addition and renovation work at the Project in accordance with plans, specifications and any attachments incorporated into this Agreement. The scope shall include, without limitation, structural additions, framing, roofing, exterior finishes, interior finishes, plumbing, electrical, mechanical, insulation, and site work as described below.

Payment Terms

Contract Price (Total Sum): $

Lump sum payment    Progress payments based on schedule of values    Cost plus fee / time and materials

Retainage: of each progress payment until final completion and release of liens, unless otherwise agreed in writing.

Late Fee: If any undisputed payment is not paid within days of its due date, Owner shall pay interest at or the maximum rate permitted by law, whichever is less, plus all costs of collection.

Term and Termination

Work Start Date: . Estimated Completion Date: .

Either party may terminate this Agreement for material breach of its terms, provided that the terminating party gives written notice of the breach and a period of days to cure. If the breach is not cured within such period, the non-breaching party may terminate and seek available remedies.

Change Orders

All changes to the Scope of Work affecting price, schedule or material terms shall be documented in a written Change Order signed by Owner and Contractor prior to commencement of the changed work. Contractor shall not be entitled to payment for extra work absent a signed Change Order, except where emergency work is required to prevent damage or hazard.

Permits and Approvals

Contractor shall obtain and pay for all permits, inspections and approvals required to perform the Work unless otherwise agreed in writing. Contractor shall comply with all applicable building codes and regulations and shall coordinate inspections with Owner as required.

Insurance and Indemnity

Contractor shall maintain commercial general liability insurance, automobile liability insurance and workers' compensation insurance in amounts customary and adequate for the Work and shall name Owner as an additional insured on liability policies to the extent of Contractor's liability for the Project. Minimum liability limits: .

Contractor shall indemnify, defend and hold Owner harmless from and against claims, damages, losses and expenses arising out of Contractor's performance of the Work, to the extent caused by Contractor's negligence or willful misconduct.

Warranties

Contractor warrants that materials and workmanship furnished under this Agreement shall be free from defects for a period of from the date of final completion. Manufacturer warranties, if any, shall also apply and be assigned to Owner where transferable.

Delays and Force Majeure

Neither party shall be liable for delays or failures in performance caused by acts of God, strikes, labor disputes, shortages, governmental actions, adverse weather, or other events beyond the reasonable control of the affected party. The time for performance shall be extended by the duration of such excusable delay; the affected party shall notify the other promptly of the occurrence and expected duration.

Inspection, Acceptance and Liens

Upon substantial completion, Contractor shall notify Owner and arrange for final inspection. Owner shall accept or provide written punch list within a reasonable period. Contractor shall remove all construction debris and shall deliver the Project in broom-clean condition. Contractor shall furnish, upon final payment, unconditional lien releases from Contractor and its subcontractors and suppliers, or otherwise ensure the record is free of liens.

Confidentiality

Each party shall keep confidential and shall not disclose to any third party without prior written consent any non-public information or business terms of this Agreement, except as required by law, regulatory authorities, or to perform the Work. Confidential information shall not include information that is publicly available or rightfully obtained from third parties.

Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflicts of law principles. The parties shall first attempt to resolve disputes in good faith through negotiation. If unresolved, disputes shall be submitted to mediation, and if mediation fails, to binding arbitration before a single neutral arbitrator under procedures agreed by the parties.

Entire Agreement

This Agreement, together with any referenced plans, specifications and Change Orders executed by the parties, constitutes the entire agreement between Owner and Contractor with respect to the Project and supersedes all prior negotiations, representations, or agreements, whether written or oral. No amendment shall be binding unless in writing and signed by both parties.

Miscellaneous Provisions

Notices required under this Agreement shall be in writing and delivered to the addresses set forth above or to such other address as a party designates in writing. If any provision of this Agreement is held invalid, the remaining provisions shall continue in full force and effect.

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