Fill and Sign the Contract Construction Building Agreement Form

Contract for Construction of Building Designed by an Engineer Agreement made on the       day of       , 20       , between       of       , (Name of Owner) (Street Address, City, County, State, Zip Code) referred to herein as Owner, and       , a corporation (Name of Contractor) organized and existing under the laws of the state of       , with its (Name of State) principal office located at       , referred to herein as (Street Address, City, County, State, Zip Code) Contractor. For and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the parties agree as follows: 1. Scope of Work. A. Contractor shall complete all Work as specified in the Contract Documents. The Work is generally described as follows:       . (Describe Work) B. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows:       . (Describe Project) 2. Engineer. The Project has been designed by       , (Name of Engineer) whose address is       , and is hereinafter referred to (Street Address, City, County, State, Zip Code) as the Engineer. Said Engineer will assume all duties and responsibilities and will have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 3. Contract Time. A. The Work will be substantially completed within       days after the date (Number) when the Contract commence to run as provided in Paragraph       of the General (Number) Conditions, and completed and ready for final payment in accordance with Paragraph       of the General Conditions within       days after the date when the (Number) (Number) Contract Times commence to run. B. Liquidated Damages. Owner and Contractor recognize that TIME IS OF THE ESSENCE of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3 above, plus any extensions allowed Contract for Construction of Building Designed by an Engineer Page 1 of 6 in accordance with Article       of the General Conditions. They also recognize the (Number) delays, expense and difficulties in proving the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $       for each day that expires after the time specified in Paragraph 3 for Substantial Completion until the Work is substantially complete. This amount represents an estimate of Owner's damages for loss of use and administrative costs associated with delay. After Substantial Completion, if Contractor shall neglect, refuse or fail to complete the remaining Work within the time specified in Paragraph 3 for completion and readiness or fail to complete the remaining Work within the time specified in Paragraph 3 for completion and readiness for final payment or any proper extension of it granted by Owner, Contractor shall pay Owner $       for each day that expires after the time specified in Paragraph 3 for completion and readiness for final payment. This amount represents an estimate of Owner's damages for loss of use and administrative costs associated with the delay. 4. Contract Price A. Owner shall pay Contractor for performance of the Work in accordance with the Contract Documents in current funds at the lump sum or unit prices as presented in the Bid Form, which is incorporated and made a part of this Agreement by reference. B. The parties agree that the Contract Price is a stipulated sum, except in regard to those items in the Bid which are subject to unit prices. As provided in Paragraph       (Number) of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by Engineer as provided in Paragraph       of the General Conditions. (Number)  Total Price:  $       (In figures)  $       (In words) 5. Payment Procedures A. Contractor shall submit Applications for Payment in accordance with the Contract Documents. Applications for Payment will be processed by Engineer as provided in the General Conditions. B. Progress Payments; Retainage . Owner shall make progress payments on account of the Contract Price on the basis of Contractor's monthly Applications for Payment, as recommended by Engineer, which shall be submitted by Contractor the Contract for Construction of Building Designed by an Engineer Page 2 of 6       day after the end of each calendar month for which payment is requested. All progress payments will be made on the basis of the progress of the Work completed. C. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but in each case, less the aggregate of payments previously made and less any amounts as Engineer shall determine, or Owner may withhold, in accordance with Paragraph       of the General Conditions: (Number) 1.       % of the value of Work completed, with the balance being retainage. 2.       % with the balance being retainage, of the value of materials and equipment not incorporated in the Work, but delivered, suitably stored and accompanied by documentation satisfactory to Owner as provided in Paragraph       of the General Conditions. (Number) 3. On Substantial Completion, in an amount sufficient to increase total payments to Contractor to       % of the Contract Price, with the balance being retainage, less any amounts as Engineer shall determine, or Owner may withhold, in accordance with Paragraph       of the General Conditions. (Number) D. Final Payment. On final completion of the Work in accordance with Paragraph       of the General Conditions, as supplemented, Owner shall pay Contractor an (Number) amount sufficient to increase total payments to       % of the Contract Price. However, not less than       % of the Contract Price shall be retained until Record Drawings, specifications, addenda, modifications, and shop drawings, including all manufacturers instructional and parts manuals are delivered to and accepted by Engineer. 6. Contractor’s Representations . In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents (including the Addenda listed in Article 7 ) and the other related data identified in the Bidding Documents including "technical data." B. Contractor has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance, or furnishing of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the work. D. Contractor has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Contract for Construction of Building Designed by an Engineer Page 3 of 6 Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph       of the General Conditions. Contractor accepts the (Number) determination set forth in Paragraph       of the Supplementary Conditions of the (Number) extent of the "technical data" contained in the reports and drawings on which Contractor is entitled to rely as provided in Paragraph       of the General Conditions. (Number) Contractor acknowledges that the reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. E. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident to it. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. F. Contractor is aware of the general nature of Work to be performed by Owner and others at the site that relates to the Work as indicated in the Contract Documents. G. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the site, reports, and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the written resolution of it by Engineer is acceptable to Contractor, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 7. Contract Documents . The Contract Documents which comprise the entire Agreement between Owner and Contractor are attached to this Agreement, are made a part of this Agreement and consist of the following: A. This Agreement which includes pages       to       . (Number) (Number) Contract for Construction of Building Designed by an Engineer Page 4 of 6 B. Performance Bond, Payment Bond, and Certificates of Insurance [Sections       and       , respectively]. (Number) (Number) C. Notice of Award and Notice to Proceed [Sections       and       , (Number) (Number) respectively]. D. General Conditions       as amended by the Supplementary (Section number ) Conditions. E. Supplementary Conditions [Section       ] . (Number) F. Project Manual bearing the general title:       . (Title) G. Drawings consisting of a cover sheet and sheets numbers       through (Number)       , inclusive, with each sheet bearing the following general title: (Number)       . (Title) 8. Severability. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 9. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 10. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of       . (Name of State) 11. Notices. Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 12. Attorney’s Fees. In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. Contract for Construction of Building Designed by an Engineer Page 5 of 6 13. Mandatory Arbitration. Notwithstanding the foregoing, and anything herein to the contrary, any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 14. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 15. Modification of Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 16. Assignment of Rights. The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 21. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. 22. Compliance with Laws. In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties. WITNESS our signatures as of the day and date first above stated.       (Name of Contractor) By: By: (P rinted Name of Owner) (P rinted Name & Office in Corporation)             (Signature of Owner) (Signature of Officer) Contract for Construction of Building Designed by an Engineer Page 6 of 6