Deck Posts Construction

Deck Posts Construction Agreement

This Deck Posts Construction Agreement (the Agreement) is entered into between Client Name: and Contractor Name: . Effective Date: .

WHEREAS

WHEREAS, Client is the owner or lawful representative of the real property located at Project Address: (the Property), and desires construction of deck posts as described in this Agreement; and

WHEREAS, Contractor represents that it is duly qualified, licensed, insured and experienced to perform deck post construction and related services, and agrees to perform such 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.

Scope of Work

Contractor shall furnish all labor, materials, equipment and supervision necessary to complete the deck post construction at the Property in a professional and workmanlike manner consistent with industry standards. Work includes: site preparation, excavation for posts, installation of footings (as required), setting and anchoring posts, bracing, cutting to grade, and cleanup. Any work beyond the Scope of Work requires a written change order as set forth below.

Payment Terms

If any undisputed payment is not received within days after written notice, interest shall accrue at percent per month, or the maximum lawful rate, plus all costs of collection, including reasonable attorneys' fees.

Change Orders

All changes to the Scope of Work shall be made only by written change order signed by both parties. Change orders shall describe additional work, cost adjustments and any extensions of time. Contractor shall not be obligated to proceed with any additional work until a signed change order is executed.

Term and Termination

Commencement of Work: Contractor shall commence work on or before and shall substantially complete the work by , subject to adjustments for weather, change orders, permitting delays and other excusable delays.

Termination: Either party may terminate this Agreement for cause upon written notice to the other if the other party materially defaults in the performance of its obligations and fails to cure such default within days after receipt of written notice. Upon termination for cause by Client, Contractor shall be paid for work performed and materials purchased up to the termination date, less setoffs for defective work.

Confidentiality

Each party shall hold in confidence all confidential and proprietary information of the other party disclosed in connection with this Agreement. Confidential information does not include information that is or becomes publicly available other than by breach of this Agreement, or information lawfully received from a third party without restriction. This obligation survives termination of this Agreement for a period of three (3) years.

Insurance, Permits and Compliance

Contractor shall maintain commercial general liability insurance and workers' compensation insurance as required by law and provide certificates of insurance upon Client's request. Contractor shall obtain and pay for all permits, inspections and approvals required for the performance of the work unless otherwise stated in writing.

Permits required: Yes

Warranties and Remedies

Contractor warrants for a period of months from substantial completion that the work performed shall be free of defects in workmanship and materials under normal use. This warranty does not cover damage caused by misuse, modification, acts of God, or normal wear and tear.

Indemnity

Contractor shall indemnify, defend and hold harmless Client and its agents from claims, liabilities, losses, damages and expenses (including reasonable attorneys' fees) to the extent caused by Contractor's negligence or willful misconduct in connection with performance of the work.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to conflict of law principles. Venue for any action arising out of this Agreement shall be the state or federal courts located in the same state.

Entire Agreement

This Agreement, including any written change orders and attachments signed by the parties, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior negotiations, representations and agreements, whether written or oral. No modification of this Agreement is effective unless in writing and signed by both parties.

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