Construction Builder Docs

CONSTRUCTION BUILDER DOCUMENTS

Parties and Effective Date

Effective Date:

Recitals

WHEREAS, Builder is duly licensed and experienced in the construction, repair and improvement of real property and related services, and represents that it has the skill, personnel and resources required to perform the work described in this Agreement;

WHEREAS, Client desires to engage Builder and Builder desires to accept such engagement to perform construction services at the property identified in the Scope of Work on the terms and conditions set forth in this Agreement;

WHEREAS, the parties intend that the performance, payment obligations and allocation of risk between the parties be governed by this written Agreement, which supersedes prior negotiations and understandings.

Scope of Work

Builder shall provide labor, materials, equipment, supervision and services necessary to complete the work described below at the job site in accordance with the terms of this Agreement. The work shall conform to applicable codes and the project specifications set forth herein.

Payment Terms

Contract Price (Total): $

Retainage: of progress payments may be retained as specified in the schedule above.

Payment Due: Payments are due within days of invoice unless otherwise stated in the payment schedule. Invoices shall itemize work completed and materials supplied.

Late Payment Fee: Amounts unpaid after the due date shall accrue interest at the rate of % per month (or the maximum permitted by law), calculated from the date due until paid in full. In addition to interest, Client shall be responsible for reasonable collection costs and attorney fees incurred by Builder.

Term and Termination

Term Commencement: This Agreement shall commence on the Start Date: and shall continue until the End Date: unless earlier terminated in accordance with this Agreement.

Termination for Convenience: Either party may terminate this Agreement for convenience upon providing written notice to the other party at least days prior to the intended termination date. Termination shall not relieve Client of the obligation to pay for work performed and materials ordered through the effective date of termination and any reasonable demobilization costs.

Termination for Cause: Either party may terminate for material breach if the breaching party fails to cure such breach within a commercially reasonable cure period not less than 10 days after receipt of written notice specifying the breach. Upon termination for cause by Builder for nonpayment, Builder may suspend work and exercise any statutory mechanic's lien rights available under applicable law.

Change Orders

All changes to the Scope of Work, including work additions, deletions or modifications, shall be documented in a written Change Order signed by both parties. Each Change Order shall state the change, any adjustment to the Contract Price, and any adjustment to the project schedule. Builder shall not be obligated to perform work outside the written Scope of Work without a signed Change Order.

Confidentiality

Definition: "Confidential Information" means nonpublic business, technical, cost, pricing, design, contract and other information disclosed by a party in connection with this Agreement, whether disclosed orally, in writing or by inspection.

Obligation: Each party shall hold Confidential Information in strict confidence, shall not disclose it to third parties except as required to perform the Services or as required by law, and shall use it solely for performance under this Agreement. This obligation does not apply to information that (a) is or becomes generally known to the public other than by breach of this Agreement, (b) was known to the receiving party prior to disclosure by the disclosing party, or (c) is rightfully obtained from a third party without restriction.

Duration: The obligations of confidentiality shall survive termination of this Agreement for years, except to the extent a longer period is required by applicable law.

Insurance and Indemnification

Insurance: Builder shall maintain at its expense commercial general liability insurance, workers' compensation insurance as required by law, and builders' risk or property insurance where appropriate. Builder shall provide certificates of insurance upon Client's request prior to commencement of work.

Indemnification: To the fullest extent permitted by law, Builder shall indemnify, defend and hold harmless Client from and against claims, damages, losses and expenses arising out of Builder's performance of the Work, but only to the extent caused by the negligent acts or omissions of Builder, its subcontractors or anyone for whom Builder is legally responsible.

Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles. The parties shall attempt in good faith to resolve disputes promptly by negotiation between executives. If unresolved, disputes shall be resolved by binding arbitration conducted in the county where the Work is located, unless the parties mutually agree otherwise.

Entire Agreement

This Agreement, including all referenced attachments, exhibits and executed Change Orders, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, representations and understandings, whether written or oral. No amendment shall be binding unless executed in writing by both parties.

Miscellaneous

Severability: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Assignment: Neither party may assign this Agreement without the prior written consent of the other, except that Builder may assign to a successor entity in connection with a sale of substantially all its assets or business.

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