Construction Canopy Template

CONSTRUCTION CANOPY TEMPLATE

This Construction Canopy Agreement ("Agreement") is made between Client Name: and Contractor Name: .

RECITALS

WHEREAS, Client requires the design, fabrication, delivery and installation of a construction canopy (the "Canopy") at the project location: ; and

WHEREAS, Contractor represents that it has the necessary experience, licenses, personnel and insurance to perform canopy construction in accordance with applicable building codes and industry standards; and

WHEREAS, the parties desire to set forth the terms and conditions under which Contractor will provide the Canopy and related services to Client.

SCOPE OF WORK

Contractor shall furnish all labor, materials, equipment and supervision necessary to complete the Canopy work described below in a good and workmanlike manner, consistent with plans and specifications agreed by the parties. Work includes site layout, foundations or anchors, structural framing, cover material, flashing, connections, finish, testing and cleanup.

PERMITS, COMPLIANCE AND SITE ACCESS

Contractor shall comply with all applicable building codes, permit requirements and safety standards. Responsibility for obtaining permits: Contractor   Client

PAYMENT TERMS

Total Contract Price: . Payment shall be made in accordance with the schedule below.

Late Payment: Unpaid sums shall accrue interest at from the due date until paid. Client is responsible for costs of collection, including reasonable attorney fees.

Retainage (if any): — retained until final acceptance or for a specified warranty period.

SCHEDULE

Commencement of Work: . Estimated Substantial Completion: .

TERM AND TERMINATION

Term: This Agreement commences on Start Date: and, unless earlier terminated, expires on End Date: .

Termination: Either party may terminate for material breach if the breaching party fails to cure within Cure Period: days after written notice. Either party may terminate immediately for insolvency, bankruptcy, or abandonment of the project. Upon termination, Client shall pay Contractor for Work performed to date plus reasonable demobilization costs.

CHANGE ORDERS

All changes to the Scope of Work, price, or schedule shall be made only by written change order signed by authorized representatives of both parties. Change orders shall specify adjustments to cost and time. Contractor shall not proceed with changes absent a signed change order except to avoid imminent danger to persons or property.

CONFIDENTIALITY

Each party shall keep confidential all non-public technical, financial and business information disclosed by the other party in connection with this Agreement, except where disclosure is required by law or to enforce rights under this Agreement. Confidential information shall be used solely for the performance of this Agreement.

INSURANCE, WARRANTIES AND LIABILITY

Contractor shall maintain commercial general liability, workers' compensation and automobile insurance with limits customary in the industry and shall provide certificates of insurance upon request. Contractor warrants that materials and workmanship shall be free from defects for Warranty Period (months): months from final acceptance. Remedies for breach of warranty shall be repair or replacement at Contractor's option. EXCEPT AS EXPRESSLY SET FORTH, CONTRACTOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED.

Limitation of Liability: Except for willful misconduct or gross negligence, neither party shall be liable to the other for consequential, incidental or punitive damages. Each party's aggregate liability for direct damages shall be limited to the total Contract Price.

INDEMNIFICATION

Contractor shall indemnify, defend and hold harmless Client, its officers and employees from and against claims, liabilities, losses, damages and expenses (including reasonable attorneys' fees) arising out of Contractor's negligent acts or omissions in the performance of the Work, except to the extent caused by Client's negligence or breach.

INSPECTION AND ACCEPTANCE

Upon substantial completion, Contractor shall notify Client to schedule a final inspection. Final acceptance shall occur when Client issues written acceptance or fails to provide written objections within Acceptance Period (days): days after inspection.

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by the laws of the State of without regard to conflict of law principles. The parties shall first attempt to resolve disputes through good faith negotiations. If unresolved, disputes shall be resolved by binding arbitration in the county where the project is located, pursuant to the rules agreed by the parties.

ENTIRE AGREEMENT; ASSIGNMENT; SEVERABILITY

This Agreement, including attachments and any executed change orders, constitutes the entire agreement between the parties regarding the Canopy and supersedes all prior negotiations and understandings. Neither party may assign this Agreement without the other party's prior written consent. If any provision is held invalid, the remainder of the Agreement shall remain in full force and effect.

NOTICES

All notices shall be in writing and delivered to the addresses set forth above or to such other address as a party designates by notice. Notices shall be effective upon receipt.

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