Fill and Sign the Construction Contract Home Sample Form

Construction Contract for Home Improvements Agreement made on the _____________________ (date), between ___________________ (Name of Owner) of _________________________________________ (street address, city, state, zip code) , referred to herein as Owner, and _____________________ (Name of Contractor), a corporation organized and existing under the laws of the state of _____________________ (name of state), with its principal office located at _________________________________________ (street address, city, state, zip code) , referred to herein as Contractor. I. Scope and Description of Work. A. Contractor agrees to perform for Owner certain alterations and improvements in and upon the home of Owner located at _____________________ (street address, city, state, zip code) , in accordance with the following specifications: _______________________________________________________________ (describe work) . B. Contractor shall furnish all labor and materials for such work. II. Contract Price. Owner will pay Contractor for performance of the work described in the preceding section the total sum of $ _________ (the Contract Price ) payable as follows: A. The sum of $ _________ upon the execution of this Agreement. B. The sum of $ _________ on or before the _________ day of each month, beginning in the month of _____________________ ( month & year) , up to and including the month of _____________________ ( month & year) . C. The sum of $ _________ on final completion of the work and settlement of all claims of laborers and material suppliers. III. Start and Completion of Work. The work shall commence not later than _________ (date) , and shall be completed within _________ ( number) calendar days following such date. Contractor shall not be liable for any delay or nonperformance caused by an act of God, strikes, unavailability of materials, or any other contingency beyond his or her control. In the event of delay or nonperformance by Contractor for causes other than those mentioned above, Contractor shall pay to Owner liquidated damages of $ _________ for each day of delay or nonperformance, but in no event shall the amount of such liquidated damages exceed the Contract Price provided in this Agreement. IV. Cancellation A. This Agreement may be cancelled by Owner within _________ (number) business days following the date of the execution of this Agreement by giving written notice of rescission to Contractor at the address given in this Agreement, in which event Owner shall be entitled to a complete refund of the down payment given to Contractor at the time of the execution of this Agreement. B. After the period expressed in Paragraph A, but before the actual commencement of work by Contractor, Owner may cancel this Agreement, in which event Owner shall forfeit to Contractor the down payment given at the time of the execution of this Agreement. C. If Owner cancels this Agreement after the Contractor has commenced the work, then Owner shall forfeit the amount of the down payment given to Contractor at the time of the execution of this Agreement and, in addition, shall pay to the Contractor such proportion of the Contract Price as the amount of labor and materials furnished bears to the total amount of labor and materials agreed upon to be furnished under this Agreement, which amount is to be paid within (number) days from the date of such cancellation. D. If Contractor is unable to complete the performance of its obligations under this Agreement due to acts of God, strikes, unavailability of supplies or material, or any other contingency beyond his or her control, then Owner may at his or her option cancel this Agreement, in which event Owner shall only be liable to pay Contractor the amount of labor and material already furnished. Such payment is to be made within _________ ( number) days after the date of such cancellation. E. If Owner's home is destroyed by fire, earthquake, or any other cause not attributable to Owner, this Agreement shall automatically be cancelled with the parties having no further obligation to each other, and the down payment given by Owner at the time of the execution of this Agreement shall be retained by Contractor. V. Alterations. Any alterations or modifications initiated by Owner or Contractor must be agreed upon between the parties and the price fixed by them before work on such alteration or modification shall commence. Payment for such alteration or modification shall be made at the time of the final completion of the work. VI. Permits and Licenses. Contractor shall be responsible for securing the necessary permits and licenses for the work at his or her own cost and expense. VII. Warranty. Contractor guarantees that the work will be constructed in accordance with accepted home improvement practices, and it will guarantee against defects in the quality of work and materials for a period of _________ ( number) years from the date of its completion. This warranty does not cover damage or defects that are the result of characteristics common to the materials used or conditions resulting from condensation, expansion, or contraction of such materials. Warranty work must be completed within _________ ( number) days from the date of receipt of written request from Owner. VIII. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. IX. Severability. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. X. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. XI. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _____________________ (name of state). XII. Notices. Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. XIII. Mandatory Arbitration . 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. XIV. Entire Agreement . This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. XV. Modification. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. XVI. Assignment of Rights. The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. XVII. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. XVIII. Compliance with Laws . In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties. XIX. Gender. Words used herein regardless of the gender specifically used, shall be deemed and construed to any other gender, masculine, feminine or neuter, as the context requires. XX. F orce Majeure. In the event of force majeure (as defined below), either Contractor or Owner may terminate this Agreement without liability to the other. For purposes of the Agreement, force majeure shall be defined as circumstances or occurrences beyond Owner's or Contractor’s reasonable control, whether or not foreseeable at the time of signing the Agreement, in consequence of which Owner or Contractor cannot reasonably be required to perform his obligations under this Agreement. Such circumstances or occurrences include, but are not limited to: acts of God, war, civil war, insurrection, fires, floods, labor disputes, epidemics, governmental regulations and/or similar acts, embargoes, and non-availability of any permits, licenses and/or authorizations required by governmental authority. WITNESS our signatures as of the day and date first above stated. _____________________ (Name of Contractor) ______________________ By__________________________ (Signature of Owner) (Signature of Officer) _____________________ _____________________ (Printed Name of Owner) (Name and Office in Corporation)