Decking Installation Proposal

DECKING INSTALLATION PROPOSAL

Parties and Proposal Date

Proposal Date:   |   Project Address:

Recitals

WHEREAS, Contractor represents that Contractor is duly qualified, licensed, and capable of performing decking installation and related construction services in the jurisdiction where the Project is located;

WHEREAS, Client desires to engage Contractor to perform the work described in this Proposal at the Project Address and Contractor is willing to perform such work in accordance with the terms and conditions set forth herein;

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 services necessary to complete the decking installation described below in a professional and workmanlike manner in accordance with industry standards and applicable codes.

Materials and Specifications

All materials shall be new unless otherwise agreed in writing. Specifications below govern; substitutions require Client written approval.

Estimated Costs

The following is Contractor's good faith estimate of costs. Final invoiced amounts will reflect approved change orders and actual measured quantities.

Payment Terms

Client shall pay Contractor in accordance with the following schedule. All sums are due in U.S. dollars unless otherwise stated.

Late Payment: If any undisputed payment is not received within days after the due date, interest will accrue at per month (or the maximum permitted by law). Additionally, Contractor may suspend work until past due amounts are cured.

Change Orders

Any change in scope or materials shall be documented in a written change order signed by both parties. Change orders shall set forth changes to work, time required, and adjustment to the contract price. Contractor shall not be obligated to perform changes without a signed change order.

Project Schedule

Anticipated Start Date:   |   Anticipated Completion Date:

Contractor shall use commercially reasonable efforts to meet the schedule but shall not be liable for delays caused by weather, supply chain interruptions, permitting, or other events beyond Contractor's control. Time is not of the essence unless expressly stated in writing.

Term and Termination

This Proposal and any resulting contract shall commence on the Anticipated Start Date and shall continue until completion of the work unless earlier terminated under this section. Either party may terminate for material breach if the breaching party fails to cure such breach within days after written notice. Client may terminate for convenience upon written notice and shall pay Contractor for work performed, materials purchased, and reasonable demobilization costs.

Permits, Inspections and Site Conditions

Unless otherwise specified, Client is responsible for obtaining and paying for all necessary permits, inspections and approvals. Contractor will assist in preparing documentation, if requested. Contractor is not responsible for concealed conditions at the site not reasonably discoverable prior to mobilization; discovery of such conditions may result in a change order.

Insurance and Liability

Contractor shall maintain commercial general liability and workers' compensation insurance in amounts customary for the trade. Contractor's liability for any claim arising out of or relating to the work shall be limited to direct damages and shall not exceed the total contract price. In no event shall Contractor be liable for consequential, incidental, punitive or special damages.

Warranties

Contractor warrants that work performed shall be free from defects in workmanship for a period of from completion, subject to normal wear and tear and proper maintenance. Manufacturer warranties on materials, if any, are passed through to Client to the extent assignable.

Confidentiality

Each party shall keep confidential all non-public business and technical information disclosed by the other party in connection with this Proposal and the performance of the work. Confidential information does not include information that is or becomes public through no fault of the receiving party, or that the receiving party can demonstrate was independently developed or lawfully received from a third party. The receiving party shall use the same degree of care to protect confidential information as it uses to protect its own confidential information, but in no event less than a reasonable degree of care.

Governing Law; Dispute Resolution

This Proposal and any contract arising from it shall be governed by the substantive laws of the state in which the Project is located, without regard to conflict-of-law rules. The parties shall first attempt in good faith to resolve disputes by negotiation. If unresolved, disputes shall be resolved by binding arbitration in the county of the Project under rules agreed upon by the parties, unless otherwise mutually agreed in writing.

Entire Agreement

This Proposal, together with any executed change orders and attachments expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior negotiations, representations or agreements, whether written or oral. Any amendment or modification must be in writing and signed by both parties.

Acceptance

To accept this Proposal, Client must sign below where indicated. Acceptance of this Proposal creates a binding contract under the terms set forth herein, conditioned on receipt of the required deposit unless otherwise agreed in writing.

Total Agreed Contract Price:

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