Construction Concrete Pad

CONSTRUCTION CONCRETE PAD AGREEMENT

Parties and Recitals

This Construction Concrete Pad Agreement (the Agreement) is entered into by and between Contractor Name: and Client Name: .

WHEREAS, Contractor is duly licensed, equipped and experienced in the construction and installation of concrete pads, and represents that Contractor will perform such work in a professional manner consistent with industry standards; and

WHEREAS, Client desires to retain Contractor to furnish labor, materials, equipment and services necessary to construct a concrete pad at the Site described below in accordance with the terms and conditions set forth in this Agreement; and

WHEREAS, the parties desire to set forth their rights, duties and obligations with respect to the work and payment herein.

Project Identification

Scope of Work

Contractor shall furnish all labor, materials, equipment, tools, supervision and incidentals necessary to perform the work described below, including site preparation, subgrade compaction, formwork, reinforcement, concrete placement, finishing, curing and final cleanup in accordance with recognized industry practices and applicable codes.

Payment Terms

Total Contract Price: $ . Client shall pay Contractor in accordance with the following schedule and conditions.

Late Payment: Any undisputed amount not paid when due shall incur a late charge of on the outstanding balance, or the maximum permitted by law, whichever is less. Client is responsible for all costs of collection, including reasonable attorney fees.

Retention: If retention is withheld, retained sums shall be identified and released upon completion of punchlist items and final acceptance as set forth in this Agreement.

Schedule; Commencement and Completion

Anticipated Start Date: . Substantial Completion Date: .

Time is of the essence. Contractor will regularly notify Client of scheduling and any material or weather delays. Contractor shall not be liable for delays caused by acts of God, strikes, supplier failure, changes requested by Client, or other causes beyond Contractor's reasonable control.

Term and Termination

This Agreement begins on the date of last signature below and continues until completion and final payment unless earlier terminated in accordance with this section. Either party may terminate 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 written notice to Contractor; in such event Contractor shall be paid for work performed, materials committed, demobilization and reasonable profit on work performed to date.

Change Orders

Any change to the Scope of Work, price, or schedule shall be made only by a written change order signed by both parties. Contractor shall not be required to perform work beyond the written scope without a signed change order. Change orders may affect the contract price and completion date.

Inspection, Acceptance and Warranty

Client or Client's representative shall have the right to inspect the work during normal work hours. Upon completion, Contractor will notify Client to perform final inspection. Final acceptance shall occur when Client furnishes a written acceptance or upon final payment.

Warranty: Contractor warrants that work performed will be free from defects in workmanship for a period of from final acceptance, subject to exclusions for normal wear, misuse, settlement, or damage from other trades. This warranty is limited to repair or replacement of defective work at Contractor's option.

Confidentiality

Each party shall hold confidential and not disclose to any third party the nonpublic business, technical and financial information of the other party disclosed in connection with this Agreement, except as required by law, to enforce rights under this Agreement, or to perform the services hereunder. Confidential information shall not include information that (i) is or becomes publicly known through no breach by the receiving party; (ii) is independently developed by the receiving party without use of the disclosing party's confidential information; or (iii) is lawfully obtained from a third party without restriction.

Indemnity; Liens

Contractor shall indemnify and hold harmless Client from claims arising out of Contractor's negligent performance, to the extent caused by Contractor. Client shall indemnify Contractor for claims arising from Client-supplied materials or Client's negligence. Contractor retains the right to file mechanics' liens for unpaid sums as permitted by law; Client agrees to cure any valid lien promptly.

Permits and Compliance

Contractor shall obtain and pay for all required permits and inspections unless otherwise agreed in writing. All work will comply with applicable building codes, ordinances and regulations. If plans or specifications are provided by Client, Contractor shall notify Client in writing of any obvious discrepancies prior to performance.

Notices

Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of . The parties shall first attempt in good faith to resolve disputes through negotiation. If unresolved, disputes shall be resolved by binding arbitration or litigation as selected in writing by the prevailing party, subject to applicable statutory lien rights and remedies.

Entire Agreement; Severability

This Agreement, including any documents incorporated by reference and executed change orders, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior negotiations, proposals and agreements. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Miscellaneous Provisions

Assignment: Neither party may assign this Agreement without the prior written consent of the other, except that Contractor may assign receivables for financing. Relationship of Parties: The parties are independent contractors and nothing in this Agreement creates a partnership, joint venture, or employment relationship.

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