Construction Railing Agreement

Construction Railing Agreement

This Construction Railing Agreement (Agreement) is made and entered into as of Day: Month: Year: (Effective Date) by and between Client Name: and Contractor Name: .

WHEREAS

WHEREAS, Client requires the design, fabrication and installation of railings and associated hardware at the Project Location described below; and

WHEREAS, Contractor represents that it is duly licensed, experienced and equipped to perform railing construction, to procure necessary materials, and to comply with applicable codes, standards and permit requirements; and

WHEREAS, the parties desire to set forth the terms and conditions under which Contractor will perform the work and Client will pay for the work.

PROJECT LOCATION & NOTICES

SCOPE OF WORK

Contractor shall furnish all labor, materials, equipment, supervision and services necessary to design, fabricate, deliver and install railing systems in accordance with plans, specifications and applicable building codes. Work includes measurements, material selection, shop drawings, finish, anchorage, anchors, welding, and final cleanup.

MATERIALS, STANDARDS AND WORKMANSHIP

All materials shall conform to industry standards and applicable codes. Contractor warrants that work will be performed in a professional and workmanlike manner in accordance with recognized construction practices. Materials not specified in the Contract Documents shall be of equal or better quality than specified and are subject to Client's reasonable approval.

SCHEDULE

Commencement of work: Day: Month: Year: .

Substantial completion target: Day: Month: Year: .

Contract time is of the essence. Contractor shall provide a proposed schedule and notify Client promptly of any event reasonably likely to delay performance.

PAYMENT TERMS

Deposit amount (due upon execution): Final payment due upon Substantial Completion and Client acceptance, subject to retention as set forth in the Payment Schedule.

Late payments shall accrue interest at per month (or maximum permitted by law) on any unpaid balance. Contractor may suspend performance for nonpayment after five (5) days' written notice.

CHANGE ORDERS

Any changes to the Scope of Work, including changes to materials, quantities, or schedule, shall be made only by a written Change Order signed by both parties. Change Orders shall specify adjustments to price and time for performance. Contractor is not obligated to perform changes without a signed Change Order.

PERMITS, INSPECTIONS AND COMPLIANCE

Responsibility for obtaining building permits and approvals: . Contractor shall comply with applicable codes, inspections and coordinate with the authority having jurisdiction. Any costs associated with required permits shall be charged as follows: .

INSURANCE, INDEMNITY AND SAFETY

Contractor shall maintain commercial general liability insurance, workers' compensation coverage and automobile liability insurance with limits customary for railing construction work. Contractor shall, to the fullest extent permitted by law, indemnify and hold harmless Client from claims, liabilities and expenses arising from Contractor's negligence or willful misconduct, except to the extent caused by Client's negligence.

WARRANTY

Contractor warrants workmanship for a period of months from the date of completion. Warranty covers defects in workmanship and installation under normal use; it does not cover damage from misuse, alteration, improper maintenance, or acts of third parties.

INSPECTION, ACCEPTANCE AND LIEN WAIVERS

Client shall inspect the work within days of notice of completion and shall provide written acceptance or itemized punch list. Upon receipt of payment, Contractor shall provide conditional or unconditional lien waivers as appropriate for the payment received.

TERMINATION

Term: This Agreement commences on the Effective Date and remains in effect until completion of the work and final payment, unless earlier terminated as provided herein. Termination for convenience by Client requires written notice of days and payment for work performed and documented costs. Either party may terminate for material breach if the breaching party fails to cure within ten (10) days of written notice.

CONFIDENTIALITY

Each party shall treat non-public technical, business and financial information disclosed by the other party in connection with the work as confidential. Confidential information shall not include information that is or becomes publicly available through no breach of this Agreement, or that is independently developed.

FORCE MAJEURE

Neither party shall be liable for delays or failures in performance caused by events beyond its reasonable control, including acts of God, labor disputes, shortages, governmental orders, or severe weather. The affected party shall give prompt notice and take reasonable steps to mitigate the delay.

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.

ENTIRE AGREEMENT

This Agreement, including all attachments and signed Change Orders, constitutes the entire agreement between the parties and supersedes all prior negotiations, representations or agreements, whether written or oral, relating to the subject matter hereof. Any modifications must be in writing and signed by both parties.

SEVERABILITY; ASSIGNMENT

If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force. Neither party may assign this Agreement without the prior written consent of the other, except that Contractor may assign receivables.

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