Construction Concrete Contract

CONSTRUCTION CONCRETE CONTRACT

Parties

Recitals

WHEREAS, Client Name: desires to engage Contractor Name: to perform concrete construction work at the property located at ;

WHEREAS, Contractor represents that it is properly licensed, insured, and qualified to perform the concrete work described in this Agreement and will perform such work in accordance with generally accepted industry standards and applicable law;

NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties agree as follows.

Scope of Work

Contractor shall furnish all labor, materials, equipment, supervision and services necessary to complete the concrete work described below in a professional and workmanlike manner, consistent with the Contract Documents and applicable codes, permits and regulations.

Schedule

Work shall commence on or about and is estimated to reach substantial completion by , subject to adjustments for changes in the Work, weather delays and other excusable delays as specified elsewhere in this Agreement.

Payment Terms

The total contract price for the Work shall be $ (the "Contract Price"), subject to additions and deductions for Change Orders executed in accordance with this Agreement.

Retainage: Contractor agrees that Client may withhold retainage in the amount of % of progress payments until final completion and final lien waivers are provided.

Late Payment: Any undisputed payment not paid within days after the due date shall accrue interest at % per month, compounded monthly, or the maximum lawful rate if lower.

Change Orders

All changes to the Scope of Work shall be authorized by a written Change Order signed by both parties that describes the change, adjustment to the Contract Price, and any change to the schedule. No change shall be binding unless reduced to writing and signed by Client and Contractor.

Warranties

Contractor warrants that all materials supplied shall be new (unless otherwise specified) and that the Work will be free from defects in workmanship and materials for a period of year(s) from the date of substantial completion, unless a different warranty period is expressly set forth in writing. This warranty does not cover defects caused by normal wear and tear, neglect, misuse, or acts of third parties.

Insurance, Permits and Compliance

Contractor shall maintain, at its expense, commercial general liability insurance, workers' compensation insurance and automobile liability insurance in customary amounts for the scope of work, and shall provide certificates of insurance upon request. Contractor shall secure and pay for all permits and inspections required to lawfully perform the Work, and shall comply with all applicable laws, codes and regulations.

Indemnification and Liability

To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless Client and its agents from and against all claims, damages, losses and expenses arising out of or resulting from the performance of the Work, provided such claim is caused in whole or in part by Contractor's negligent acts or omissions, breach of this Agreement, or those for whom Contractor is legally responsible. Client's liability to Contractor for any cause arising out of this Agreement shall be limited to the Contract Price, except in cases of willful misconduct or gross negligence.

Lien Waiver and Final Payment

Prior to final payment, Contractor shall provide unconditional lien waivers for itself and its subcontractors and suppliers for all amounts paid to date. Final payment shall be due upon Client's final inspection and acceptance of the Work and receipt of all required lien waivers, final releases, affidavits and close-out documents.

Term and Termination

This Agreement shall commence on the date entered below and shall continue until the Work is finally completed and final payment is made, unless earlier terminated as provided herein. Either party may terminate this Agreement for cause if the other party materially breaches any provision and fails to cure within days after written notice. Either party may terminate without cause upon days' prior written notice; in such event Contractor shall be paid for Work completed to the date of termination, including reasonable demobilization costs.

Confidentiality

Each party shall treat proprietary information of the other party disclosed in connection with this Agreement as confidential and shall not disclose such information to third parties without prior written consent, except as required by law or necessary to perform the Work. Confidential information shall not include information that is or becomes publicly available through no breach of this Agreement, or was already lawfully in the receiving party's possession.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles. Any dispute arising out of this Agreement shall be resolved as set forth below.

Dispute Resolution

The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement by negotiation between senior representatives. If not resolved by negotiation within thirty (30) days, the parties may pursue any remedies available at law or in equity in the courts of the governing state indicated above.

Entire Agreement

This Agreement, including any attached exhibits 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, representations and understandings, whether oral or written. No amendment to this Agreement shall be effective unless in writing and signed by both parties.

Miscellaneous

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Headings are for convenience only and do not affect interpretation.

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