Construction Walls and Coping

Construction Walls and Coping Agreement

This Construction Walls and Coping Agreement (the Agreement) is entered into by and between:

Client Name:

Contractor Name:

WHEREAS

WHEREAS, Client desires to engage Contractor to construct retaining and freestanding walls, including protective coping, and associated work at the project site described below; and

WHEREAS, Contractor represents that it possesses the necessary licenses, experience, personnel, and equipment to perform the Work in accordance with the terms of this Agreement; and

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

1. Definitions

"Work" means all labor, materials, supervision, equipment, permitting, and incidentals necessary to perform construction of walls and coping as set forth in this Agreement, including any Change Orders executed under Section 4.

2. Scope of Work

3. Contract Price and Payment Terms

Total Contract Price:

Deposit Amount (if any):

Final Payment Due Upon Completion and Acceptance:

Late Payment Fee: (applies to any unpaid balance after the due date)

4. Change Orders

Any modification to the Scope of Work, including additional work, substitutions, or changes to materials, shall be made only by written Change Order signed by both parties. Change Orders shall set forth any adjustment to the Contract Price and schedule.

5. Term and Termination

Commencement Date:

Estimated Completion Date:

Either party may terminate this Agreement for material breach if the breaching party fails to cure the breach within the notice period set forth above. Termination for convenience by Client shall require payment to Contractor for Work performed, reasonable demobilization costs, and materials purchased to date.

6. Permits, Codes and Compliance

Contractor shall obtain and pay for all construction permits, inspections, and approvals required by local authorities unless otherwise agreed in writing. Contractor will perform the Work in compliance with applicable building codes, ordinances, and industry standards.

7. Insurance and Warranties

Contractor shall maintain general liability and workers' compensation insurance in amounts consistent with industry practice and shall furnish certificates of insurance upon request. Contractor warrants that materials and workmanship furnished under this Agreement will be free from defects for a period of one (1) year from the date of final payment, except for defects arising from ordinary wear and tear or Client alterations.

8. Confidentiality

Each party shall hold in confidence and not disclose to third parties any proprietary or confidential information obtained from the other party in connection with the Work, including drawings, specifications, pricing, and trade secrets, except to the extent disclosure is required by law or necessary for performance of this Agreement. Confidential information shall not include information that is or becomes publicly available other than by a breach of this provision.

9. Indemnification

Contractor shall indemnify and hold Client harmless from and against all claims, damages, liabilities, and expenses arising from Contractor's negligent performance of the Work, except to the extent caused by Client's negligence. Client shall indemnify Contractor from claims arising from Client-supplied designs or materials or from Client's failure to secure site access or permits.

10. Dispute Resolution

The parties agree to negotiate in good faith to resolve disputes arising under this Agreement. If the parties cannot resolve a dispute within thirty (30) days of written notice, the dispute shall be submitted to mediation. If mediation is unsuccessful, the parties may pursue litigation in the courts identified under Section 12.

11. Governing Law

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

12. Entire Agreement

This Agreement, together with all executed Change Orders and attachments, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, or agreements, whether written or oral. No amendment shall be effective unless in writing and signed by both parties.

13. Notices

14. Additional Provisions

Safety: Contractor shall maintain a safe worksite and comply with applicable occupational safety requirements. Contractor shall promptly remove debris and maintain safe access during performance of the Work.

Materials: Unless otherwise agreed, Contractor is responsible for procuring and paying for all materials specified in the Scope of Work. Client-supplied materials must be delivered on site in a timely manner and meet the required specifications.

Severability: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

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