Construction Permit Required Form

CONSTRUCTION PERMIT REQUIRED FORM

Owner Name:    Owner Address:

Contractor Name:    Contractor Address:

Project Address:

Recitals

WHEREAS, Owner is the lawful owner or authorized representative of the real property located at the Project Address identified above; and

WHEREAS, Contractor has been engaged by Owner to perform construction, renovation, or related work at the Project Address and represents that certain Construction Permits are required by applicable building codes, ordinances, and agency regulations prior to commencement of specified work; and

WHEREAS, the parties desire to set forth their agreement concerning responsibility for securing permits, payment of permit fees, and related obligations as part of the construction services contract.

Permits and Approvals

Permit Number (if already issued):

Contractor Acknowledgement: Contractor shall obtain all required construction permits, inspections, and approvals required by law before commencing each phase of work and shall provide copies of issued permits and final approvals to Owner prior to billing final amounts for the related scope.

Responsibility for Permit Costs: Owner will pay permit fees directly or reimburse Contractor within the Payment Terms for documented permit fees incurred; otherwise Contractor will pay permit fees and include documented costs in invoices as specified below.

Scope of Work

Payment Terms

Invoices for work performed and for permit fees (if applicable) shall be submitted by Contractor in accordance with the Payment Schedule. Owner shall pay undisputed amounts within the days specified in the Payment Schedule; undisputed late payments shall accrue the Late Fee specified above. The parties agree disputed items must be raised in writing within 10 days of invoice receipt.

Term and Termination

Effective Start Date:    Scheduled Completion Date:

Termination Notice Period (for convenience):

Either party may terminate this Agreement for material breach if the breaching party fails to cure such breach within 14 days of written notice; termination shall not relieve the breaching party of liability for damages or for payment obligations accrued prior to termination. Where work is stopped as a result of failure to secure required permits, the non-breaching party may elect to terminate if the permit deficiency is not cured within 30 days after notice.

Confidentiality

Each party agrees that Confidential Information disclosed by the other party will be held in strict confidence and used only for performance under this Agreement. "Confidential Information" includes non-public technical, financial, permit documentation, bid information, trade secrets, and other proprietary information but does not include information that becomes publicly known through no fault of the receiving party or is independently developed without reference to the disclosing party's Confidential Information.

Confidentiality Duration (years):    The obligations set forth shall survive termination for the period specified above.

Insurance and Indemnity

Contractor shall maintain commercial general liability, worker's compensation, and automobile liability insurance with minimum limits customary for the scope of work and shall provide certificates of insurance upon request. Contractor shall indemnify and hold Owner harmless from claims, damages, and liabilities arising from Contractor's negligent performance, except to the extent caused by Owner's gross negligence or willful misconduct.

Proof of Insurance Provided: Yes

Governing Law

Entire Agreement

This Agreement, including any exhibits or attachments and issued permits incorporated herein by reference, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior discussions, proposals, or agreements. Any modification must be in writing and signed by both parties.

Certifications

By signing below, Contractor certifies that it will apply for and pursue all required permits and will not commence work that requires a permit until the permit is issued unless otherwise agreed in writing. Owner certifies that it has the authority to authorize the work and to request permits for the Project Address.

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