Construction Concrete Company Document

CONSTRUCTION CONCRETE COMPANY AGREEMENT

This Construction Concrete Company Agreement ("Agreement") is made effective as of Effective Date: , by and between Contractor Name: whose principal place of business is Contractor Address: ("Contractor"), and Client Name: , with Client Address: ("Client").

RECITALS

WHEREAS, Contractor is duly licensed and experienced in providing concrete construction, placement, finishing, and associated site work and equipment required for concrete projects; and

WHEREAS, Client desires to engage Contractor to perform concrete work at the project location described below and Contractor agrees to perform such work in accordance with the terms and conditions set forth in this Agreement.

WHEREAS, the parties intend that this Agreement set forth their entire agreement concerning the subject matter hereof and that any changes be made only as provided herein.

PROJECT IDENTIFICATION

SCOPE OF WORK

Contractor shall furnish all labor, materials, equipment, tools, supervision and services necessary to perform the concrete work described below in a professional and workmanlike manner in accordance with industry standards, applicable codes, and any project drawings or specifications provided by Client.

PAYMENT TERMS

The total Contract Price for the Scope of Work shall be Contract Amount: $ unless modified by a written change order executed by both parties.

Invoices shall be issued by Contractor upon completion of each scheduled milestone or as otherwise stated in the Payment Schedule. Client shall pay invoices within days of receipt. Retainage: .

Late payments shall accrue interest at the rate of per month (or the maximum lawful rate if less), plus all collection costs, including reasonable attorneys' fees. Contractor may suspend performance if Client fails to timely pay amounts due after seven (7) days' written notice and opportunity to cure.

TERM AND TERMINATION

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

Either party may terminate this Agreement for material breach by the other party if the breach remains uncured for a period of days after receipt of written notice specifying the nature of the breach. Client may terminate for convenience upon days' prior written notice, in which event Contractor shall be entitled to payment for Work performed and materials procured up to the effective date of termination, plus reasonable demobilization costs.

CONFIDENTIALITY

During the term of this Agreement and for a period of three (3) years thereafter, each party shall hold in confidence and not disclose or use any non-public business, technical or financial information of the other party that is designated as confidential or that, by its nature, should reasonably be considered confidential ("Confidential Information"), except as required by law or to perform obligations under this Agreement. Confidential Information shall not include information that is or becomes publicly known through no breach of this Agreement by the receiving party, is lawfully received from a third party without restriction, or is independently developed by the receiving party without use of the disclosing party's Confidential Information.

INSURANCE; INDEMNITY

Contractor shall maintain commercial general liability insurance, automobile liability insurance, and workers' compensation as required by law and adequate to cover the scope of the Work. Contractor shall name Client as an additional insured on commercial liability policies with respect to liability arising out of Contractor's operations under this Agreement, to the extent reasonably available. Contractor shall indemnify, defend and hold harmless Client from and against all claims, damages, losses and expenses (including reasonable attorneys' fees) arising out of Contractor's performance of the Work, except to the extent caused by Client's negligence or willful misconduct.

WARRANTIES; CHANGE ORDERS

Contractor warrants that materials and workmanship supplied under this Agreement shall be free from defects for a period of one (1) year from final completion, except for defects caused by ordinary wear and tear or by Client alterations. Any changes to the Scope of Work shall be made only by written change order signed by both parties specifying additional compensation and any adjustment to schedule.

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 any dispute arising under this Agreement by negotiation between senior representatives. If negotiation fails, the parties shall submit the dispute to mediation prior to initiating litigation.

ENTIRE AGREEMENT

This Agreement, together with any exhibits, attachments 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, and understandings, whether written or oral. No amendment or modification of this Agreement shall be effective unless in writing and signed by authorized representatives of both parties.

NOTICES

All notices required or permitted hereunder shall be in writing and delivered to the addresses set forth above or to such other address as either party may designate by notice to the other. Notices shall be deemed given upon personal delivery, or three (3) days after deposit in the U.S. mail, postage prepaid, certified or registered mail, return receipt requested.

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