Construction Cladding Document

Construction Cladding Document

This Construction Cladding Document (the Agreement) is made effective as of between Contractor Name: of and Owner Name: of .

WHEREAS

WHEREAS, Owner requires exterior cladding work at the project location identified as Project Address: ;

WHEREAS, Contractor represents that it is qualified and experienced to furnish labor, materials, equipment and supervision for the supply and installation of cladding systems in accordance with applicable codes, industry standards and the specifications incorporated herein; and

WHEREAS, the parties desire to set forth the scope, payment, warranty and other terms governing the furnishing and installation of the cladding system.

SCOPE OF WORK

The Contractor shall furnish all labor, materials, equipment, testing, submittals, mock-ups, removal and disposal as necessary to complete the cladding work in a good and workmanlike manner consistent with the Scope of Work and the Project drawings and specifications. Contractor shall comply with manufacturer requirements for storage, handling and installation of cladding materials and shall coordinate with other trades to avoid damage to installed materials.

PAYMENT TERMS

All overdue amounts shall incur interest at the rate of % per month, or the maximum rate permitted by law if lower, calculated monthly on the unpaid balance, plus any costs of collection, including reasonable attorneys' fees.

TERM AND TERMINATION

Either party may terminate this Agreement for cause upon material breach not cured within days' written notice. Owner may terminate without cause upon days' written notice, in which case Contractor shall be paid for Work performed to date and proven demobilization costs.

CHANGES AND CHANGE ORDERS

All changes to the Scope of Work must be authorized in writing by the Owner's authorized representative and documented by a Change Order specifying adjustments to price, schedule and other affected provisions. Verbal instructions are not binding unless subsequently confirmed in a signed Change Order.

Contractor shall not proceed with extra work without a written Change Order. Emergency work necessary to avoid injury or damage may be performed but shall be followed by a written change directive.

INSPECTION, ACCEPTANCE AND WARRANTY

Contractor shall notify Owner when Work is substantially complete and shall correct defects discovered during final inspection. Acceptance shall be evidenced by a written Certificate of Completion signed by Owner. Contractor warrants workmanship and materials for a period of years from acceptance, subject to standard exclusions. Manufacturer warranties for materials shall be assigned to Owner where assignable.

CONFIDENTIALITY

Each party shall keep confidential all non-public business, technical and financial information disclosed in connection with this Agreement and shall not disclose such information to third parties except as required by law or as necessary to perform its obligations. Confidential information shall not include information that is or becomes publicly available without breach of this Agreement, independently developed, or rightfully received from a third party without obligation of confidentiality.

INSURANCE AND INDEMNITY

Contractor shall maintain commercial general liability, workers' compensation, automobile liability and other insurance as required by the Owner, with limits not less than those customary for similar projects. Contractor agrees to indemnify, defend and hold harmless Owner from claims arising out of Contractor's negligence, breach of this Agreement or failure to comply with laws, except to the extent caused by Owner's negligence.

COMPLIANCE WITH LAWS AND STANDARDS

Contractor shall perform the Work in accordance with all applicable building codes, safety regulations, environmental laws, and industry standards. Contractor shall obtain and pay for all permits, inspections and approvals required for the proper performance of the Work unless otherwise specified in writing.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction of , without regard to principles of conflicts of law.

ENTIRE AGREEMENT

This Agreement, including the Scope of Work, approved drawings, specifications and any executed Change Orders, constitutes the entire agreement between the parties and supersedes all prior negotiations and agreements, whether written or oral. No modification of this Agreement shall be binding unless in writing and signed by authorized representatives of both parties.

NOTICES

All notices under this Agreement shall be in writing and delivered to the addresses specified below or to such other addresses as the parties may designate in writing.

REPRESENTATIONS AND AUTHORIZATIONS

Each party represents that it has the full power and authority to enter into this Agreement, that the persons signing this Agreement are authorized representatives, and that execution of this Agreement does not violate any other agreement to which such party is bound.

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