Construction Roof Buildups

CONSTRUCTION ROOF BUILDUPS

Parties and Project Identification

Recitals

WHEREAS, Contractor is duly licensed and experienced in the construction and installation of roof systems, and represents that Contractor possesses the skill, labor, materials and equipment necessary to perform the services described in this Agreement at the Project Address; and

WHEREAS, Owner desires to engage Contractor to furnish labor, materials and supervision for the roof buildup, and Contractor agrees to perform such work under the terms and conditions set forth in this Agreement;

WHEREAS, the parties desire to set forth the scope, price, schedule and other terms that will govern the performance and completion of the Work.

Scope of Work

Contractor shall furnish all labor, materials, tools, equipment and supervision necessary to perform the roof buildup work described below at the Project Address in a good and workmanlike manner in accordance with applicable codes and industry standards.

Roof Buildup Specification

Specify layers from exterior to substrate. For each layer indicate material type, approximate thickness and any manufacturer or product designation.

Layer 1 (top finish): Material:    Thickness:

Layer 2: Material:    Thickness:

Layer 3: Material:    Thickness:

Layer 4: Material:    Thickness:

Additional layers or notes:

Change Orders; Permits; Standards

All changes to the Scope of Work shall be made by written Change Order signed by Owner and Contractor. Contractor shall not proceed with changed work without Owner's written approval. Change Orders shall state the adjustment to the Contract Price and to the Contract Time. Contractor's markup for approved subcontractor or material changes shall be .

Contractor shall obtain all required building permits and shall perform the Work in compliance with applicable building codes, ordinances and manufacturer instructions unless otherwise agreed in writing.

Payment Terms

All invoices are due net days from invoice date. Late payments shall incur a late fee of per month (or the maximum allowed by law), plus any costs of collection, including reasonable attorneys' fees.

Term and Termination

This Agreement shall commence on Start Date: and Contractor shall achieve Substantial Completion by Completion Date: , subject to adjustments for approved Change Orders or excusable delays.

Either party may terminate this Agreement for cause if the other party materially breaches any provision and fails to cure within days after written notice. Owner may terminate for convenience upon days' prior written notice; in such event Contractor shall be entitled to payment for work performed, materials committed and reasonable demobilization costs.

Confidentiality

Each party shall treat as confidential all technical, financial and business information disclosed by the other party in connection with this Agreement and shall not disclose such information to any third party except to its employees, subcontractors, insurers or lenders who have a need to know and who are bound by confidentiality obligations no less protective than those herein. Confidential information does not include information that is or becomes publicly available through no breach of this Agreement, independently developed without reference to the other's confidential information, or rightfully received from a third party without confidentiality obligations.

Insurance; Indemnity

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

Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to conflict of laws principles. The parties shall attempt to resolve disputes through good faith negotiation prior to initiating litigation. Remedies provided herein are cumulative and are not exclusive of any remedies available at law or equity.

Entire Agreement; Severability

This Agreement, including any attached exhibits and executed Change Orders, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, proposals and representations, whether written or oral. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

The parties acknowledge that they have read this Agreement, understand its terms and that the individuals signing this Agreement are authorized to bind the respective parties.

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