Construction Document Template

CONSTRUCTION DOCUMENT TEMPLATE

This Construction Agreement is entered into effective as of by and between Client Name: and Contractor Name: .

RECITALS

WHEREAS, Client requires construction, installation, and related services at the project location described below; and

WHEREAS, Contractor is duly licensed, insured and experienced to perform the construction services and agrees to perform such services in accordance with the terms of this Agreement;

WHEREAS, the parties desire to set forth the terms, scope, schedule, and compensation for the work to be performed.

PROJECT IDENTIFICATION

SCOPE OF WORK

Contractor shall furnish all labor, materials, equipment, permits, supervision and services necessary to complete the work described in this Agreement in a workmanlike manner consistent with industry standards. Work to be performed includes, but is not limited to, the items described below and in the attached scope:

Contractor may engage subcontractors provided Contractor remains responsible for subcontractor performance and compliance with this Agreement.

PAYMENT TERMS

The total Contract Price for the work is:

Invoices are due within days of receipt unless otherwise specified. Payments not made when due shall accrue interest at the rate of per month (or the maximum lawful rate), after a grace period of days.

All change orders that affect cost or schedule must be made in writing and signed by both parties before work on the change is performed. Contractor shall not be required to perform changed work without a fully executed change order.

TERM AND TERMINATION

This Agreement commences 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 breaching party fails to cure the breach within days after written notice. Either party may also terminate without cause upon days' prior written notice. Upon termination, Contractor shall be paid for all work performed and proven costs incurred to the date of termination, including reasonable demobilization costs.

CONFIDENTIALITY

Each party shall maintain in confidence all proprietary, technical, and business information disclosed by the other party in connection with this Agreement that is designated confidential or that reasonably should be understood to be confidential given the nature of the information ("Confidential Information"). Confidential Information shall not include information that is publicly known through no fault of the receiving party or is rightfully received from a third party without restriction.

The obligations of confidentiality shall continue for years after termination or expiration of this Agreement, except that trade secrets shall be protected for so long as they remain trade secrets under applicable law.

INSURANCE AND INDEMNITY

Contractor shall maintain, at Contractor's expense, commercial general liability insurance, workers' compensation, and automobile liability insurance in amounts customary for the type and scope of work. Contractor agrees to indemnify and hold harmless Client from and against claims, liabilities, damages, and costs arising from Contractor's negligent acts or omissions in performance of the work, except to the extent caused by Client's negligence.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to choice of law principles.

ENTIRE AGREEMENT

This Agreement, including all attachments, schedules, 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, understandings, negotiations and discussions, whether oral or written. No modification shall be binding unless executed in writing by both parties.

DISPUTE RESOLUTION

The parties shall first attempt to resolve disputes arising under or related to this Agreement through good faith negotiation. If unresolved, the parties agree to submit claims to mediation prior to initiating litigation. Either party may seek injunctive relief where necessary to protect its rights.

MISCELLANEOUS PROVISIONS

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Neither party may assign this Agreement without the prior written consent of the other party, except that Contractor may assign to an affiliate or to a purchaser of substantially all of Contractor's assets.

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