Deck Porch Installation

Deck Porch Installation Agreement

Parties and Project

WHEREAS, Client Name: desires installation of a deck/porch structure at the Project Address described above; and

WHEREAS, Contractor Name: represents that Contractor is properly licensed, insured, and qualified to perform deck and porch construction and related services; and

WHEREAS, the parties desire to set forth the terms and conditions under which Contractor will perform the deck porch installation work; effective date:

Scope of Work

Contractor shall furnish all labor, materials, equipment, supervision and services necessary to complete the deck and/or porch installation described below and in any attached plans or drawings. Work shall include framing, ledger installation, joists, decking, railings, stairs, flashing, footings and any other items expressly listed in the Scope of Work. The work excludes utilities and structural modifications to the primary dwelling beyond connection points unless expressly listed in writing in a change order.

Payment Terms

Total Contract Price: $ . Payments shall be made according to the schedule below. Contractor shall not commence work beyond mobilization until any required deposit has been received.

Late payment shall accrue interest at on overdue amounts, plus any costs of collection, including reasonable attorney fees. Contractor may suspend work for nonpayment after 7 days' written notice and shall be entitled to an extension of time for completion.

Check Card ACH/Bank Transfer Cash

Schedule, Term and Termination

Anticipated Start Date: . Anticipated Completion Date:

Either party may terminate this Agreement for material breach if the breaching party fails to cure within days after receipt of written notice specifying the breach. Termination by Client for convenience prior to substantial completion entitles Contractor to payment for work performed, materials purchased, plus reasonable demobilization costs.

Permits, Inspections and Insurance

Responsibility for obtaining permits: . Contractor shall maintain, at Contractor's expense, general liability insurance and workers' compensation as required by law and shall provide certificates of insurance upon Client's request prior to commencement of work.

Change Orders

Any changes to the Scope of Work that affect price or schedule must be documented in a written change order signed by both parties. Change orders will set forth additional compensation or credit and any adjustments to the completion schedule. No verbal change shall be binding.

Warranties and Final Acceptance

Contractor warrants that materials and workmanship furnished under this Agreement shall be free from defects for a period of months from date of final acceptance, excepting normal wear and tear and damage from misuse, neglect, or acts of third parties. Final acceptance occurs upon Client's written acceptance or upon payment of the final invoice where no written rejection is provided within 10 days of substantial completion.

Confidentiality

Each party agrees to keep confidential and not disclose to any third party nonpublic business or technical information of the other party obtained in connection with this Agreement, except information that (i) was publicly available at the time of disclosure, (ii) becomes publicly available through no fault of the receiving party, (iii) is lawfully received from a third party without breach of confidentiality, or (iv) is required to be disclosed by law or a court of competent jurisdiction, in which case the disclosing party shall provide prior written notice to the other party where permitted.

Indemnification

Contractor shall indemnify, defend and hold harmless Client and Client's agents from any liability, loss or expense arising from Contractor's negligent performance of the work, violation of law, or breach of this Agreement, except to the extent caused by Client's negligence or willful misconduct. Client shall indemnify Contractor for liabilities arising from Client-supplied materials or instructions that are defective or unlawful.

Mechanic's Liens and Waivers

Contractor shall not file any mechanic's liens for amounts undisputed by Client. Upon receipt of payment in full, Contractor will provide unconditional lien waivers for the work performed and materials supplied. If Client withholds payment in good faith due to a disputed claim, the parties shall promptly follow the dispute resolution procedure set forth below.

Dispute Resolution and Governing Law

The parties shall attempt in good faith to resolve disputes by direct negotiation. If negotiation fails, disputes shall be resolved by litigation in the state courts located in the state of . This Agreement shall be governed by the substantive laws of that state without regard to conflict of law principles.

Entire Agreement

This Agreement, including any attachments and written change orders signed by both parties, constitutes the entire agreement between the parties concerning the subject matter hereof 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 Provisions

Severability: If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect. Notices under this Agreement must be in writing and delivered to the addresses set forth by the parties.

Representations: Each signatory represents that they have full authority to enter into this Agreement on behalf of the party for which they sign and that all corporate or other required approvals have been obtained.

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