Construction Siding Agreement

CONSTRUCTION SIDING AGREEMENT

This Construction Siding Agreement ("Agreement") is made as of by and between Client Name: and Contractor Name: .

RECITALS

WHEREAS, Client owns or controls the property located at: (the "Property"); and

WHEREAS, Contractor is duly licensed and qualified to perform exterior siding installation, repair and replacement services and represents that Contractor has the skill, personnel and insurance to perform the Work described herein; and

WHEREAS, Client desires to engage Contractor to perform siding work on the Property and Contractor agrees to perform such work under the terms and conditions set forth in this Agreement.

SCOPE OF WORK

Work to commence on or about: and is estimated to be substantially completed by: . Contractor shall adhere to applicable building codes and obtain required permits unless otherwise noted below.

PAYMENT TERMS

Deposit due on or before: . Deposit is non-refundable after materials are ordered.

Late payments shall incur a late fee of per month after days from invoice date. Client shall be responsible for collection costs and reasonable attorneys' fees incurred to collect overdue amounts.

CHANGE ORDERS

Any change to the scope, materials, specifications, schedule or price must be documented in a written Change Order signed by both parties. No oral instructions constitute an authorized change. Change Orders shall specify additional cost or credit, and any adjustment to the schedule.

INSURANCE, LICENSES AND INDEMNITY

Contractor shall maintain commercial general liability and workers' compensation insurance in amounts customary for the trade and shall provide proof of insurance upon Client request. Contractor represents that Contractor holds all licenses required to perform the Work. Contractor shall indemnify and hold Client harmless from liabilities arising from Contractor's negligence or willful misconduct, except to the extent caused by Client's negligence.

WARRANTY

Contractor warrants the workmanship of the installed siding for a period of from substantial completion, subject to the manufacturer's warranty on materials. This warranty does not cover damage due to normal wear and tear, acts of God, structural settlement, alterations by others, neglect, or failure to provide reasonable maintenance.

TERM AND TERMINATION

Term Commencement Date: Term Expiration Date: .

Either party may terminate this Agreement for material breach if the breaching party fails to cure within days after written notice. Client may terminate for convenience upon days' written notice; Client will pay Contractor for Work performed to the date of termination and reasonable demobilization costs.

CONFIDENTIALITY

Each party shall maintain in confidence all non-public information furnished by the other party that is designated in writing as confidential or that a reasonable person would consider confidential under the circumstances. Confidential information shall not include information that is or becomes public through no fault of the recipient, or that is required to be disclosed by law. Confidential information may be disclosed to employees, subcontractors and agents on a need-to-know basis provided they are bound by confidentiality obligations at least as protective as those set forth herein.

DEFAULT, DELAYS AND FORCE MAJEURE

Contractor shall not be liable for delays caused by weather, acts of God, labor disputes, shortages of materials, supplier delays, or other causes beyond Contractor's reasonable control. Such events shall extend the schedule by the period of the excusable delay. If a delay exceeds ninety (90) days, either party may elect to terminate upon written notice without further liability except for payment for Work performed to the date of termination.

GOVERNING LAW

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

ENTIRE AGREEMENT

This Agreement, including any written Change Orders executed by the parties, constitutes the entire agreement between Client and Contractor with respect to the Work and supersedes all prior negotiations, representations, proposals and agreements, whether written or oral. No modification, waiver or amendment shall be effective unless in writing and signed by both parties.

MISCELLANEOUS PROVISIONS

If any provision of this Agreement is held unenforceable, the remaining provisions shall remain in full force and effect. The parties agree that any dispute arising out of this Agreement first shall be subject to non-binding mediation, and if unsuccessful, resolved through litigation in the courts of the governing state unless the parties mutually agree to arbitration in writing.

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