Fill and Sign the Construction Contract Form

Construction Contract with Subcontractor Agreement made on the _____ day of ___________________________ , 20 _____ , between ___________________________ of ___________________________ (street address, city, county, state, zip code) , referred to herein as Subcontractor, and ___________________________ , Inc., a corporation organized and existing under the laws of the State of ___________________________ , with its principal office located at ___________________________ (street address, city, county, state, zip code) , referred to herein as Contractor. 1. For and in consideration of the mutual promises and agreements contained herein, Contractor hereby hires Subcontractor, to perform ___________________________ services, including, but not limited to regular maintenance and repairs, for Contractor at such locations as shall be assigned by Subcontractor. 2. This agreement shall continue in effect until terminated by either party. Termination shall be effected by giving _____ days written notice by certified mail addressed to the other party at the address set forth above, or such other address as the party may advise the other party in writing from time to time. 3. In consideration of all services to be rendered by Subcontractor to Contractor, Contractor shall pay to the to Subcontractor the sum of $ _____________ per hour and the emergency rate of $ _____________ per hour, plus the cost of all necessary materials. An emergency shall be defined as ___________________________ (describe). All payments are due upon receipt of Subcontractor’s invoice. Invoices that are not paid within thirty days will incur a late fee of _____ % per month. 4. Subcontractor acknowledges that he is an independent contractor and is not an agent, partner, joint venturer nor employee of Contractor . Subcontractor shall have no authority to bind or otherwise obligate Contractor in any manner nor shall Subcontractor represent to anyone that he has a right to do so. 5. Since Subcontractor is an Independent Contractor, he shall be responsible for his own income taxes and other employment taxes, as well as medical and general liability insurance. 6. In the event of a default under this agreement, the defaulting party shall reimburse the non-defaulting party or parties for all costs and expenses reasonably incurred by the non-defaulting party or parties in connection with the default, including without limitation, attorney's fees. 7. No waiver of any provision of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. Copyright 2004 USLegalforms.com 8. This agreement shall be governed by and shall be construed in accordance with the laws of the State of ___________________________ . 9. This agreement constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment of this agreement shall be binding unless executed in writing by all parties. 10. Subco ntractor will indemnify Contractor against any and all liability, demands, claims, suits, losses, damages, causes of action, fines or judgments including costs, attorneys = and witnesses = fees, and expenses incident thereto for injuries (including death) to persons or property arising out of or in connection with Subco ntracto r ’s performance of his duties under and pursuant to this agreement, unless caused by the gross negligence or willful misconduct of Contractor . Contractor will give Subcontractor prompt written notice of any such demand, claim, or suit against Contractor , and Subcontractor shall have the right to compromise or defend any such demand, claim, or suit to the extent of his own interest. 11. Any dispute under this agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. WITNESS our signatures as of the day and date first above stated. ___________________________ ___________________________ , INC. Contractor ___________________________ By___________________________ Subcontractor (Name & Office in Corporation) Copyright 2004 USLegalforms.com