Construction Screen Enclosure Addition

CONSTRUCTION SCREEN ENCLOSURE ADDITION AGREEMENT

This Construction Screen Enclosure Addition Agreement (the Agreement) is entered into by and between Owner Name: and Contractor Name: (collectively, the Parties).

RECITALS

WHEREAS, Owner desires to obtain construction services for the addition of a screened enclosure at the property specified below; and

WHEREAS, Contractor represents that it is duly licensed, insured and competent to perform the work described in this Agreement and agrees to perform such work in accordance with the terms and conditions set forth herein; and

WHEREAS, the Parties desire to set forth the scope, payment, schedule and other terms governing the addition of the screen enclosure.

PROJECT IDENTIFICATION

SCOPE OF WORK

Contractor shall furnish all labor, materials, equipment and supervision necessary to construct and complete a screen enclosure addition in substantial conformance with the plans, specifications and material selections agreed between the Parties. Work includes demolition of required existing elements, installation of framing, screening, fasteners, flashing, sealing, and final cleanup; all as further described below and in any attached exhibits or change orders.

PERMITS, INSPECTIONS AND COMPLIANCE

Contractor shall obtain or cause to be obtained all construction permits required by applicable law unless otherwise agreed in writing. Owner shall promptly provide access for inspections and shall be responsible for compliance with any deed restrictions or homeowner association approvals unless Contractor has expressly assumed such responsibility in writing.

PAYMENT TERMS

Owner shall pay Contractor the Contract Price for full performance of the Scope of Work in accordance with the schedule below. Monetary amounts stated are in lawful currency.

Final payment shall be paid upon substantial completion and acceptance by Owner, subject to retention of any amounts agreed for warranty, punchlist items or lien releases. Owner may withhold amounts only for defects that materially impair use or value and not for minor punchlist items.

TERM, SCHEDULE AND TERMINATION

Either Party may terminate this Agreement for material breach if such breach is not cured within the notice period specified above. Upon termination for cause by Owner, Contractor shall be entitled to payment for work performed and documented costs incurred, less reasonable set-offs. Upon termination by Contractor for nonpayment, Contractor may suspend work following written notice and comply with applicable law for lien and stop-notice remedies.

CHANGES AND CHANGE ORDERS

Any change in the Scope of Work, Contract Price or schedule shall be made only by a written change order signed by Owner and Contractor describing the change, the price adjustment (if any), and any schedule adjustments. Contractor is not required to proceed with changed work until a signed change order is executed.

WARRANTY; MATERIALS AND SUBCONTRACTORS

Contractor warrants that work performed will be free from defects in workmanship for a period of from substantial completion, excluding normal wear, abuse, and damage from acts of God. Materials shall be as specified or, if unspecified, of commercially reasonable quality. Contractor may employ licensed subcontractors; Contractor remains responsible for their performance.

INSURANCE, INDEMNITY AND LIENS

Contractor shall maintain general liability and workers' compensation insurance in amounts customary for the trade and shall provide certificates upon request. Contractor shall indemnify and hold Owner harmless from claims arising out of Contractor's negligence, willful misconduct, or failure to comply with laws. Contractor shall pay subcontractors and suppliers and shall not permit the filing of liens for work or materials for which Contractor has been paid.

CONFIDENTIALITY

Each Party shall keep confidential all nonpublic information disclosed by the other Party in connection with the Project and shall not disclose such information to third parties except as required by law, to perform the Work, or with the disclosing Party's prior written consent. Confidential information does not include information that is or becomes publicly known through no breach of this Agreement.

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 law principles. The Parties shall attempt in good faith to resolve disputes by negotiation. If unresolved, disputes shall be resolved by binding arbitration or litigation as selected by the Party initiating proceedings, subject to any mandatory statutory remedies.

ENTIRE AGREEMENT

This Agreement, together with any referenced exhibits, plans, specifications and written change orders, constitutes the entire agreement between the Parties and supersedes all prior negotiations, representations and agreements, whether written or oral. No amendment shall be effective unless in writing and signed by both Parties.

ADDITIONAL PROVISIONS

The Parties acknowledge that they have read and understand this Agreement, that each has the authority to enter into it, and that it is binding upon them and their respective successors and permitted assigns.

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