Construction Helical Piles Template

CONSTRUCTION HELICAL PILES AGREEMENT

This Construction Helical Piles Agreement (the Agreement) is made between Client Name: of Address: and Contractor Name: , Contractor Address: .

RECITALS

WHEREAS, Client requires design, supply and installation of helical pile foundations and associated services at the Project Site described below; and

WHEREAS, Contractor is duly qualified, experienced and licensed to perform helical pile installation and related construction services and represents that it has adequate personnel, tools and insurance to perform the Work in accordance with industry standards; and

WHEREAS, the parties desire to set forth the terms and conditions under which Contractor will perform the Work and Client will compensate Contractor.

PROJECT IDENTIFICATION

SCOPE OF WORK

Contractor shall furnish all labor, materials, equipment and supervision necessary to perform the following Work in a good and workmanlike manner in accordance with the plans, specifications, and applicable codes:

PAYMENT TERMS

Contract Price (lump sum unless otherwise stated): $ .

Retainage:    Late Payment Fee:    All payments are due within days of invoice unless otherwise agreed in writing.

Client shall pay undisputed invoices in accordance with the Payment Schedule. Disputed portions must be identified in writing within seven (7) days of receipt; undisputed amounts remain payable. Contractor may suspend performance for nonpayment after ten (10) days' written notice.

TERM AND TERMINATION

Commencement Date:    Completion Date (estimated):

Either party may terminate this Agreement for material breach if the breaching party fails to cure the breach within days after written notice. Upon termination, Client will pay Contractor for Work performed to date plus reasonable demobilization costs and approved change orders.

CONFIDENTIALITY

"Confidential Information" means non-public technical, financial or business information disclosed by one party to the other relating to the Work, designs, reports, or proprietary methods. Receiving Party shall: (a) hold Confidential Information in strict confidence; (b) not disclose it to third parties except to employees, subcontractors or consultants who need to know and who are bound by confidentiality obligations; and (c) use it solely to perform obligations under this Agreement. Confidentiality obligations do not extend to information that is or becomes publicly available through no fault of Receiving Party, was already known without restriction, or was independently developed.

Confidentiality Duration: years from the date of disclosure. Breach of confidentiality shall entitle Disclosing Party to injunctive relief in addition to damages.

INSURANCE; WARRANTIES; INDEMNITY

Contractor shall maintain commercial general liability, employer's liability and automobile liability insurance with limits customary for the industry and shall provide certificates upon request. Contractor warrants that the Work will be free from defects in materials and workmanship for a period of years, subject to normal wear and proper use.

Contractor agrees to indemnify, defend and hold harmless Client from and against claims, losses or damages arising from Contractor's negligence or willful misconduct in performance of the Work, except to the extent caused by Client's negligence.

CHANGE ORDERS

All changes to the scope, price or schedule shall be made only by written Change Order signed by both parties. Contractor shall not be required to perform changed work without a signed Change Order authorizing the change and any adjustment to the Contract Price or schedule.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its conflict of laws principles. Venue for any dispute shall be proper in the courts located in that State.

ENTIRE AGREEMENT; SURVIVAL

This Agreement, together with all referenced documents and executed Change Orders, constitutes the entire agreement between the parties and supersedes all prior negotiations, proposals, and agreements, whether written or oral, relating to the subject matter hereof. Any amendment must be in writing and signed by both parties. Provisions which by their nature should survive termination shall survive (including, but not limited to, indemnity, confidentiality, warranty, payment obligations and dispute resolution).

NOTICES

All notices shall be in writing and delivered to the addresses set forth above or to such other address as a party designates by written notice. Notices are effective upon personal delivery or three (3) days after deposit in the mail with first-class postage prepaid.

Sign Now