Construction Vapour Barrier Template

CONSTRUCTION VAPOUR BARRIER AGREEMENT

This Construction Vapour Barrier Agreement ("Agreement") is entered into as of between:

WHEREAS

WHEREAS, Owner is undertaking construction work at the property located at (the "Project"); and

WHEREAS, Contractor is engaged in the supply and installation of vapour barrier systems and possesses the experience, personnel, and materials required to perform the Work described herein; and

WHEREAS, the parties desire to set forth the terms and conditions under which Contractor will furnish and install the vapour barrier system for the Project.

SCOPE OF WORK

Contractor shall furnish all labor, materials, equipment and supervision necessary to complete the vapour barrier installation in accordance with the Contract Documents and industry standards. Work includes but is not limited to substrate preparation, installation of vapor retarder materials, sealing of penetrations, flashings, transitions to other building elements, substrate testing, and final inspection and certification.

MATERIALS AND STANDARDS

All materials shall conform to applicable building codes, manufacturer recommendations, and industry standards for vapour control. Contractor shall provide product data and certificates of compliance upon request prior to installation.

Polyethylene sheeting — specify thickness:

Self-adhered membrane (sheet)

Liquid-applied membrane

Other:

INSTALLATION, TESTING, AND ACCEPTANCE

Installation shall follow manufacturer's written instructions and recognized trade practice. Substrate must be clean, dry, and free of materials that impair adhesion. Contractor is responsible for protection of installed vapour barrier until acceptance.

Nonconforming work identified during inspection shall be corrected by Contractor at Contractor's expense. Final acceptance will be evidenced by a written Acceptance Certificate signed by Owner or Owner's designated representative.

CHANGES; UNFORESEEN CONDITIONS

Any changes to the Scope of Work shall be made by written Change Order executed by both parties. Contractor shall promptly notify Owner of concealed conditions that may affect performance or cost. Time and price adjustments for such conditions shall be agreed in writing prior to correction work.

PAYMENT TERMS

The Owner shall pay Contractor the Contract Price in accordance with the schedule below. Payments shall be made upon submission of invoices and applicable inspections or certificates of completion for the work described.

Late payments shall accrue interest at on outstanding amounts, calculated from the due date until paid in full. Owner may withhold payment for defective or incomplete work until corrected.

TERM AND TERMINATION

This Agreement commences on and shall end on unless earlier terminated in accordance with this Agreement.

Either party may terminate for cause if the other party materially breaches this Agreement and fails to cure such breach within days after written notice. Termination without cause requires days' prior written notice.

CONFIDENTIALITY

Each party shall keep confidential all non-public information disclosed in connection with this Agreement and shall not disclose such information to third parties except as required by law or to perform the Work. Confidential information does not include information which is or becomes publicly available through no breach of this Agreement.

WARRANTY; INSURANCE; INDEMNITY

Contractor warrants that materials and workmanship shall be free from defects for a period of from date of final acceptance. This warranty is in addition to any manufacturer warranty and does not extend to damage caused by subsequent construction, misuse, or altered conditions.

Contractor shall maintain insurance appropriate to the Work and shall indemnify and hold harmless Owner from claims arising from Contractor's performance except to the extent caused by Owner's negligence or willful misconduct.

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to its conflicts of law provisions. The parties shall attempt in good faith to resolve disputes by negotiation prior to pursuing formal remedies.

ENTIRE AGREEMENT

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

MISCELLANEOUS

Notices required under this Agreement shall be delivered in writing to the addresses set forth above or to such other address as either party may designate by notice. If any provision is held unenforceable, the remainder shall remain in full force and effect.

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