Construction Project NGA Building Template

Construction Project NGA Building Template

This Construction Services Agreement (the "Agreement") is entered into as of by and between Client Name: and Contractor Name: .

WHEREAS

Whereas Client is responsible for the procurement, oversight, and funding of construction work at the NGA Building project site described herein (the "Project"); and

Whereas Contractor represents that it possesses the necessary licenses, experience, equipment, and personnel to perform the construction services set forth in this Agreement in a professional and workmanlike manner in accordance with industry standards; and

Whereas the parties desire to set forth the terms and conditions under which Contractor will perform the Scope of Work and Client will compensate Contractor.

SCOPE OF WORK

Contractor shall furnish all labor, materials, equipment, supervision and services necessary to complete the work described below in accordance with the Contract Documents. The Scope of Work shall include, at minimum, the tasks, deliverables and performance standards described in the project schedule and attachments.

Project Start Date:     Estimated Substantial Completion:

PAYMENT TERMS

Client agrees to pay Contractor for performance of the Scope of Work the total contract sum as set forth below. Payments shall be made in accordance with the invoicing and schedule terms provided in this section and subject to retainage and set-off as provided herein.

Retainage shall be withheld from progress payments in the percentage set forth above and released in accordance with the Contract Documents upon satisfactory completion and acceptance of the Work.

Unpaid amounts not contested in good faith shall accrue interest at the lesser of the rate set above per month or the maximum rate permitted by applicable law, computed from the date due until paid.

TERM AND TERMINATION

The term of this Agreement shall commence on the Project Start Date and continue until Final Completion, unless earlier terminated in accordance with this section.

Either party may terminate this Agreement for cause upon written notice if the other party fails to cure a material breach within the notice period set forth above. Client may terminate for convenience upon providing the notice specified above; in such event Contractor shall be entitled to payment for Work performed and reasonable demobilization costs, subject to offsets for damages.

CONFIDENTIALITY

Each party shall keep confidential and not disclose to any third party any proprietary, financial, technical, or business information of the other party designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure ("Confidential Information"). Confidential Information shall not include information that is (i) already known to the receiving party without obligation of confidentiality, (ii) becomes publicly known through no breach of this Agreement, or (iii) is independently developed by the receiving party. Receiving party shall use Confidential Information solely for performance of this Agreement and shall disclose it only to those employees, agents or subcontractors who need to know and who are bound by confidentiality obligations at least as restrictive as those herein.

CHANGE ORDERS AND CHANGES

All changes to the Scope of Work, price, or schedule shall be made only by written change order signed by authorized representatives of both parties. No oral instructions shall be binding. Contractor shall not proceed with changed work until an agreed change order is executed, except to avoid immediate danger or as otherwise authorized in writing by Client.

INSURANCE, LICENSING AND COMPLIANCE

Contractor shall maintain, at its own expense, policies of insurance with limits sufficient for the scope of the Project, including workers' compensation, commercial general liability, and automobile liability coverage. Contractor shall maintain all required licenses and permits and shall perform the Work in compliance with all applicable laws, codes, ordinances and regulations.

INDEMNIFICATION

Contractor shall indemnify, defend and hold harmless Client and its officers, agents and employees from and against any and all claims, damages, losses, liabilities and expenses (including reasonable attorneys' fees) arising out of or resulting from Contractor's performance of the Work, to the extent caused by Contractor's negligent acts or omissions or willful misconduct, except to the extent caused by Client's negligence or willful misconduct.

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 litigation shall lie in the appropriate state or federal court located in that state.

ENTIRE AGREEMENT

This Agreement, including all attached exhibits, 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 and understandings, whether written or oral. No modification of this Agreement shall be effective unless in writing and signed by authorized representatives of both parties.

REPRESENTATIVES

Sign Now