Fill and Sign the Construction Management Flashcardsquizlet Form

Employment Agreement with a Sales and Construction Manager of Land Development and Residential Home Construction Company Agreement made on the ______ day of ________________, 20______, between _________________________________ (Name of Employer), 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 Employer, and ___________________________ (Name of Employee) of _____________________________ _____________________________________ (street address, city, county, state, zip code) , referred to herein as Employee and/or Manager . Whereas, Employer is in the business of land development and residential home Construction; and Whereas, Employer desires to hire Employee as Sales and Construction Manager; Whereas, Employee accepts said position pursuant to the terms and conditions as set forth in this Contract. Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I. Term and Nature of Employment The Employee shall enter into the employment of the Employer as Sales and Construction Manager (hereinafter called Manager) at its place of business identified above, for the period of _____ year(s), commencing ____________________ (date), subject to the general control of the Employer. II. Duties The Employee shall devote the whole of his time, attention, and energies to the performance of his duties as Manager, which shall consist of overseeing sales, home design, estimating, and overseeing construction. Manager shall not, either directly or indirectly, alone or in partnership, be connected with or concerned in any other competing business or pursuit during the term of employment. The Employee shall, subject to the control of the Employer, employ such help as may be necessary and desirable, serve Employer diligently and according to his best abilities in all respects, and generally do all things for the best interests of Employer that are usually done by persons occupying a position as Sales and Construction Manager III. Supervisory Duties The Employee shall, subject to the control of the Employer, exercise supervision over residential construction, employ such help as may be necessary and desirable, serve Employer diligently and according to his best abilities in all respects, and generally do all things for the best interests of Employer that are usually done by persons occupying a position of such Manager in the business of land development and residential home construction. IV. Rate of Compensation The salary of the Employee shall be $_____________ per month, payable on the last regular working day of each month, and $____________ per month for the next _____ months, payable in the same manner, provided, however, that if the services of the Employee shall be found to be satisfactory to the Employer, the Employee shall be paid for his services at the rate of $___________ dollars per month after the first ______ months of the term of employment mentioned. V. Termination of EmploymentIf the Employee shall be neglectful of the interest of the Employer, or supervise sales or construction badly or in a manner unsatisfactory to Employer, or shall be guilty of misconduct, the Employer may at its option terminate this agreement on ______days' notice to the Employee. The Employee may terminate his service on _______days' notice to the Employer. VI. Vacation Employee shall be entitled to (e.g., ten days) _______________ of paid vacation each year. Such vacation must be taken at a time mutually convenient to the Employer and the Employee, and must be approved by the Employer. Requests for vacation shall be submitted to the (designation of officer, e.g., Chief Operating Officer) ____________________________ (e.g., thirty) ______ days in advance of the requested beginning date. Vacation time may not be carried over into subsequent years. VII. Waiver or Modification Ineffective Unless in Writing It is agreed that no waiver or modification of this agreement or of any covenant, condition, or limitation contained in it shall be valid unless it is in writing and duly executed by the party to be charged with it, and that no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration, or litigation between the parties arising out of or affecting this agreement, or the rights or obligations of any party under it, unless such waiver or modification is in writing, duly executed by the parties. The parties agree that the provisions of this paragraph may not be waived except by a duly executed writing. VIII. 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. IX. Applicable Law The parties agree that it is their intention and covenant that this agreement and performance under it and all suits and special proceedings relating to it be construed in accordance with and under and pursuant to the laws of the State of ______________ and that in any action, special proceeding, or other proceeding that may be brought arising out of, in connection with, or by reason of this agreement, the laws of said State shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which any action or special proceeding may be instituted. WITNESS our signatures as of the day and date first above stated. ___________________________________ (Name of Employer) __________________________ By___________________________ ___________________________ ____________________________ (Name & Signature of Employee) (Name & Office in Corporation)