Fill and Sign the Contract or Agreement for the Construction of a Residence or Home Form

Contract or Agreement for the Construction of a Residence or Home Agreement made on the _______________ (date) , between _____________________ (Name of Owner) of ___________________________________________________________ ________________ (street address, city, county, state, zip code) , referred to herein as Owner , and ______________________ (Name of Contractor) , a corporation organized and existing under the laws of the state of ______________, with its principal office located at ____________________________________________________________________________ (street address, city, county, state, zip code) , referred to herein as Contractor . 1. Structure and Site Contractor shall furnish all labor and materials necessary to construct a (number) ____- bedroom, _________________________ (model and type of structure) upon the following described property, which Owner warrants that he owns, free and clear of liens and encumbrances: _______________________________________________________________ (legal description of property) . 2. Plans Contractor shall construct the structure in conformance with the plans, specifications, and breakdown and binder receipt signed by Contractor and Owner and will do so in a workmanlike manner. Contractor is not responsible for furnishing any improvements other than the structure, such as landscaping, grading, walkways, painting, sewer or water systems, steps, driveways, patios and aprons, etc., unless they are specifically stated in the breakdown. 3. Payment A. Owner shall pay Contractor $___________ installments as set forth in primary lender's schedule signed by Owner . B. If any installment is not paid when due, Contractor may stop work until payment is made and for ______ (number) days afterward. C. If any installment is not paid within _______ (number) days after it is due, Contractor may take such action as may be necessary, including legal proceedings, to enforce his rights under this Agreement. 4. Preparation of Site and Boundaries A. Prior to the start of construction, Owner shall provide a clear, accessible building site, properly excavated and correctly zoned for the structure, and shall identify the boundaries of Owner 's property by stakes at all corners. Owner shall maintain such stakes in proper position throughout construction. B. If Contractor cannot obtain a building permit within _____ (number) days of the effective date of this Agreement, then Contractor may declare this Agreement of no further force or effect. 5. Utilities Prior to the start of construction, and at all times during construction, Owner shall provide and maintain, at Owner 's sole expense, an all-weather roadway to the building site and water and electrical service, including 220-amp outlet. Owner shall, at Owner 's expense, connect permanent electrical service, gas service or oil service, whichever is applicable, and tanks and lines to the structure upon acceptable cover inspection and prior to wall covering. Owner shall, at Owner 's expense, connect sewage disposal and water lines to the structure within ______ (number) days after the rough plumbing is complete. 6. Responsibility A. Contractor shall not be responsible for claims arising out of improper placement or positioning of boundary stakes or house stakes and for damage to existing walks, driveways, cesspools, septic tanks, sewer lines, arches, shrubs, lawns, trees, telephone, and electric lines and other property incurred in performance of the work or delivery of materials for construction; nor shall Contractor be responsible for damages to persons or property occasioned by Owner or his or her agents, third parties, acts of God, or other causes beyond Contractor 's control. B. Owner shall hold Contractor completely harmless from, and shall indemnify Contractor for, all costs, damages, losses, and expenses, including judgments and attorneys' fees, resulting from claims arising from causes enumerated in this section. 7. Possession Owner shall not have possession of the structure until such time as all payments or other obligations required of Owner as set forth in this Agreement have been fully paid or performed by Owner . If possession of the structure is taken by Owner before the obligations set forth in this Agreement are met, without the written consent of Contractor , it shall be considered as acceptance of the structure by the Owner as complete and satisfactory. 8. Owner’s Financing A. Owner agrees to promptly complete the necessary requirements to obtain financing and to prepare the site for construction. B. If Owner has not secured acceptable financing and/or has not properly met the site preparation requirements by ______________ (due date) , Owner agrees that the Agreement price will be adjusted to the current price list in effect at the time the financing and lot preparation requirements are met. 9. 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. 10. 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. 11. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _____________. 12. Notices 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. 13. 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. 14. Mandatory Arbitration 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. 15. 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. 16. 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. 17. 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. 18. In this contract, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated. _________________________________ (Name of Contractor) ________________________ By:_________________________ (P rinted name) __________________________ ________________________ (P rinted name & Office in Corporation) (Signature of Owner) __________________________ (Signature of Officer)