Construction Rough In Template

CONSTRUCTION ROUGH-IN TEMPLATE

This Construction Rough-In Agreement ("Agreement") is entered into on between:

Client Name:    Contractor Name:

Project Address:

WHEREAS

WHEREAS, Client has engaged Contractor to perform the rough-in phase of the construction work for the Project identified above, including but not limited to the installation of electrical, plumbing, mechanical, and framing rough systems necessary for subsequent finish work; and

WHEREAS, Contractor represents that it is duly licensed, insured and qualified to perform the rough-in work in accordance with applicable building codes and industry standards and will perform work in a good and workmanlike manner; and

WHEREAS, the parties desire to set forth the scope, schedule, payment terms and other material terms governing the rough-in stage of the Project.

SCOPE OF WORK

Electrical    Plumbing    HVAC/Mechanical    Framing    Firestopping    Insulation

INSPECTION AND ACCEPTANCE

Inspection Date:    Inspector Name:

PAYMENT TERMS

All payments shall be due in accordance with the payment schedule above. Client acknowledges that failure to pay amounts when due shall entitle Contractor to suspend work, recover costs of delay and collection, and to seek recovery of interest and reasonable collection costs as permitted by law.

TERM AND TERMINATION

Commencement Date:    Estimated Completion Date:

Either party may terminate this Agreement for material breach if the breaching party fails to cure within days after receipt of written notice. Termination shall not relieve Client of obligations to pay for work performed or materials procured through the effective date of termination.

CONFIDENTIALITY

Each party shall keep confidential all proprietary information disclosed in connection with the Project and shall not disclose such information except to its employees, subcontractors, or advisors who have a need to know and who are bound to confidentiality obligations at least as restrictive as those contained herein. Confidential information does not include information that is independently developed or becomes publicly available through no breach by the receiving party.

Confidentiality Acknowledgement: By checking, the party acknowledges and agrees to the confidentiality obligations set forth above.

COMPLIANCE, PERMITS AND LIENS

Contractor shall obtain or assist in obtaining permits required for rough-in work unless otherwise agreed in writing. Permit Number(s):

Contractor represents that it will pay subcontractors and suppliers in a timely manner; however, Contractor may furnish lien waivers upon receipt of payment and in accordance with the payment schedule.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its choice of law principles.

ENTIRE AGREEMENT

This Agreement, together with any drawings, schedules, attachments and executed change orders, constitutes the entire agreement between the parties with respect to the rough-in work and supersedes all prior negotiations, representations, or agreements, whether written or oral. Any modification must be in writing and signed by both parties.

CHANGE ORDERS

All material changes to the scope of work, price or schedule shall be documented in a written change order signed by both parties. Contractor shall not be required to perform work outside the scope until a change order has been executed.

DISPUTE RESOLUTION

The parties shall attempt in good faith to resolve any dispute arising under this Agreement by negotiation. If negotiation fails, the parties agree to submit the dispute to mediation prior to initiating litigation. Remedies available to either party shall be in addition to any other remedies provided by law.

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