Construction Company Document

CONSTRUCTION SERVICES AGREEMENT

THIS CONSTRUCTION SERVICES AGREEMENT (the Agreement) is entered into as of by and between:

Parties

WHEREAS

WHEREAS, Contractor is duly qualified and experienced in the performance of construction, renovation and repair services and holds all licenses, permits and insurance required to perform the Work described herein;

WHEREAS, Client desires to retain Contractor to perform certain construction services at the project location and Contractor agrees to perform such services under the terms and conditions set forth in this Agreement;

NOW, THEREFORE, in consideration of the mutual covenants set forth below, the parties agree as follows:

Scope of Work

Contractor shall furnish all labor, materials, equipment and supervision necessary to perform the construction services described below (the Work). Contractor shall perform the Work in a professional and workmanlike manner in accordance with industry standards and applicable laws and codes.

Payment Terms

The total contract price for the performance of the Work shall be $ (Contract Price), subject to additions and deductions for approved Change Orders.

Retainage: Client may withhold retainage in the amount of of progress payments pending substantial completion of the Work.

Late Payment: Payments not received within days of their due date shall accrue interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law, and Client shall be responsible for reasonable collection costs and attorney fees.

Change Orders

Any change to the Scope of Work or Contract Price shall be made only by a written Change Order signed by both parties, specifying the change, the adjustment in price, if any, and any change to the project schedule. Contractor shall not be required to perform any Work beyond the original Scope without an executed Change Order.

Term and Termination

Term: This Agreement commences on the Start Date of and shall continue until the earlier of completion of the Work or the End Date of .

Termination: Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure the breach within days after written notice. Client may terminate for convenience upon days' written notice, subject to payment for Work performed and costs reasonably incurred up to the effective date of termination.

Confidentiality

Each party shall keep confidential and not disclose to any third party any non-public business, technical or financial information disclosed by the other party in connection with this Agreement, except to the extent necessary to perform the Work, to comply with a legal obligation, or as otherwise agreed in writing. Confidential information shall not include information that is publicly available through no fault of the receiving party or that was independently developed without use of the disclosing party's confidential information.

Insurance; Indemnification; Warranties

Insurance: Contractor shall maintain commercial general liability, workers' compensation and automobile liability insurance in amounts customary for the type of Work to be performed and shall provide certificates upon Client request.

Indemnification: Contractor shall indemnify, defend and hold harmless Client from claims, liabilities, losses and expenses arising out of Contractor's negligent acts, omissions or willful misconduct in the performance of the Work, subject to applicable law and limits set forth in this Agreement.

Warranties: Contractor warrants that Work performed shall be free from defects in labor and materials for a period of from substantial completion. This warranty does not apply to damage resulting from ordinary wear and tear, misuse, alteration, or acts of 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 its conflict of laws principles. The parties shall attempt in good faith to resolve disputes by negotiation. If unresolved, disputes shall be subject to binding arbitration or litigation as agreed below:

Entire Agreement; Severability

Entire Agreement: This Agreement, together with any written Change Orders and attachments signed by both parties, constitutes the entire agreement between the parties with respect to the Work and supersedes all prior negotiations, proposals, representations or agreements, whether written or oral.

Severability: If any provision of this Agreement is held invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect and the invalid provision shall be reformed only to the extent necessary to make it enforceable.

Notices

All notices under this Agreement shall be in writing and shall be delivered by hand, certified mail, or other nationally recognized courier service to the addresses set forth above or to such other address as a party may specify in writing.

Signatures

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