Construction Without Shot-crete

Construction Without Shot-crete Agreement

Parties and Recitals

This Construction Without Shot-crete Agreement (the Agreement) is entered into by and between:

Client Name:

Contractor Name:

WHEREAS, Client intends to engage Contractor to perform construction work on the Project described below and expressly requires that no shot-crete (sprayed concrete) be used in performance of the work; and

WHEREAS, Contractor represents that it is experienced in the specified methods of conventional cast-in-place, formwork, or other approved concrete placement techniques and agrees to perform the Work consistent with this Agreement and applicable plans and specifications;

NOW, THEREFORE, in consideration of the mutual promises set forth herein, Client and Contractor agree as follows.

Project

Scope of Work

Contractor shall furnish all labor, materials, equipment, supervision and services necessary to perform the Work described below. The Work expressly excludes any shot-crete or sprayed-concrete processes under any circumstance. Contractor shall perform the Work in accordance with the Contract Documents, applicable building codes, and good construction practice.

Payment Terms

Contract Sum: $

Final payment is due upon substantial completion of the Work and after completion of required inspections and receipt of releases of liens and final waivers from Contractor's subcontractors and suppliers.

Change Orders

Any change in the Work, price, or schedule shall be made only by written Change Order signed by both Client and Contractor. Contractor shall not proceed with changed work without an executed Change Order and shall be entitled to additional time and compensation for changes that affect cost or schedule.

Term and Termination

Commencement Date:

Estimated Completion Date:

Either party may terminate this Agreement for material breach by the other party if the breach is not cured within the notice period set forth above. Upon termination, Contractor shall be paid for all Work performed to the date of termination, including reasonable demobilization costs, less payments previously made.

Insurance, Warranty and Indemnity

Contractor shall maintain insurance customary for the scope and size of the Project, including commercial general liability and workers' compensation, and shall furnish certificates upon request. Contractor warrants that materials and workmanship furnished under this Agreement shall be free from defects for a period of one year from substantial completion, unless a longer period is required by the Contract Documents.

Contractor shall indemnify, defend and hold harmless Client, its officers and agents from and against all liabilities, damages, losses and expenses arising out of Contractor's negligence or willful misconduct in connection with the Work.

No Shot-crete Requirement

Contractor affirms that no shot-crete, sprayed concrete, or similar high-velocity concrete application method will be used on the Project. Use of shot-crete shall constitute a material breach of this Agreement and entitle Client to remedies including corrective work at Contractor's expense and other available legal remedies.

Confidentiality

Each party shall keep confidential all proprietary information disclosed by the other party in connection with the Project and shall not disclose such information except as required by law or with the disclosing party's prior written consent. Confidential information does not include information that is or becomes public through no fault of the receiving party.

Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to choice of law principles. The parties agree to attempt good faith negotiation of disputes prior to commencing litigation. If litigation is necessary, venue shall be in the state or federal courts located in the county where the Project is situated.

Representations and Compliance

Contractor represents that it has all licenses, permits and approvals required to perform the Work, will comply with all applicable laws, codes and regulations, and will coordinate with inspectors and authorities having jurisdiction as required.

Entire Agreement

This Agreement, together with any drawings, specifications, addenda and executed Change Orders, constitutes the entire agreement between the parties and supersedes all prior negotiations, representations and agreements, whether written or oral. No modification to this Agreement shall be effective unless in writing and signed by both parties.

Notices

Notices required under this Agreement shall be in writing and delivered to the addresses set forth above or to other addresses specified in writing. Notices may be delivered by personal service, certified mail, or courier and shall be effective upon receipt.

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