Construction Buildings Template

Construction Buildings Template

Agreement Date:

Parties

Recitals

WHEREAS, Owner owns or controls the real property located at: (the "Project Site"); and

WHEREAS, Contractor is duly licensed and qualified to perform construction, renovation and related services and represents that Contractor has the necessary personnel, experience and resources to perform the work described herein; and

WHEREAS, Owner desires to engage Contractor and Contractor agrees to perform construction of buildings and related site work at the Project Site pursuant to the terms and conditions set forth in this Agreement.

Scope of Work

Contractor shall furnish all labor, materials, equipment and supervision and shall perform all work necessary to complete construction of the buildings and related improvements in accordance with the plans, specifications and schedule provided by Owner and as described below.

Payment Terms

Contract Price (Total): $ . All payments shall be made in United States dollars unless otherwise agreed in writing.

Late Payment: Any undisputed payment not made when due shall accrue interest at per month or the maximum rate permitted by law, whichever is less. Contractor may suspend work after written notice if payments are delinquent beyond the cure period set forth in this Agreement.

Final Payment: Final payment shall be subject to delivery of final lien waivers, affidavits of compliance, final invoice and acceptance by Owner in accordance with the acceptance provisions of this Agreement.

Term and Termination

Commencement of Work: Work shall commence on or about (the "Start Date").

Substantial Completion: Contractor shall achieve substantial completion by , subject to extensions for excusable delays.

Termination: Either party may terminate this Agreement for material breach by the other party if the breach is not cured within days after written notice. Upon termination for cause, Contractor shall be paid for work performed and reasonable demobilization costs, less offsets for Owner's damages.

Confidentiality

Each party shall maintain in confidence all proprietary, technical, financial and business information disclosed by the other party that is identified as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential information shall not include information that (a) is or becomes public through no breach by the receiving party, (b) is lawfully received from a third party without restriction, or (c) is independently developed by the receiving party. Obligations under this clause survive termination for a period of three (3) years.

Change Orders and Extras

Any changes to the Scope of Work or Contract Price shall be made only by written change order signed by Owner and Contractor. Change orders shall set forth the change in work, any adjustment to the Contract Price and the schedule, and shall be incorporated into this Agreement.

Insurance, Permits and Compliance

Contractor shall maintain insurance customary for the work including commercial general liability, workers' compensation and automobile liability in amounts not less than those set forth below. Contractor shall provide certificates of insurance upon request.

Permits: Responsibility for obtaining building permits and approvals: Contractor Owner

Indemnification

Contractor shall indemnify, defend and hold Owner harmless from and against all claims, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of Contractor's performance of the Work to the extent caused by Contractor's negligent acts or omissions, breach of this Agreement, or failure to comply with law.

Warranties

Contractor warrants that work performed under this Agreement will be free from defects in workmanship and materials for a period of months from substantial completion, except for defects resulting from abuse, neglect or modifications by others.

Liens and Claims

Contractor shall not permit any mechanic's liens or stop notices to be filed against the Project Site for labor or materials furnished under this Agreement. Contractor shall promptly release and satisfy any such lien or claim and shall indemnify Owner for costs and damages associated with contested liens.

Delays and Force Majeure

Neither party shall be liable for delays caused by events beyond its reasonable control, including acts of God, strikes, shortages, governmental actions, or severe weather. The party affected shall notify the other promptly and the schedule shall be equitably adjusted.

Dispute Resolution

The parties shall attempt in good faith to resolve disputes through negotiation. If unresolved within thirty (30) days, the dispute shall be resolved by: Arbitration Litigation in courts of

Governing Law

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

Entire Agreement

This Agreement, together with the referenced plans, specifications, schedules and executed change orders, constitutes the entire agreement between Owner and Contractor and supersedes all prior negotiations, representations and agreements, whether written or oral. No modification shall be binding unless in writing and signed by both parties.

The parties acknowledge that they have read this Agreement, understand its terms, and accept the obligations set forth herein.

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