EIFS Document Template

EIFS DOCUMENT TEMPLATE

This Exterior Insulation and Finish System Agreement (the "Agreement") is entered into by and between Client Name: and Contractor Name: . Effective Date:

WHEREAS

WHEREAS, the Client desires to engage the Contractor to perform exterior insulation and finish system work at the project location described below in accordance with the terms and conditions set forth herein; and

WHEREAS, the Contractor represents that it possesses the experience, skill, personnel and materials necessary to perform the EIFS work in a professional and workmanlike manner consistent with industry standards and applicable manufacturer's specifications; and

WHEREAS, the parties wish to set forth their respective rights and obligations with respect to the performance, payment and administration of the EIFS work.

PROJECT IDENTIFICATION

SCOPE OF WORK

The Contractor shall furnish all labor, materials, equipment and supervision necessary to perform the EIFS work described below, including exterior insulation, base coat, mesh reinforcement, finish coat and related flashing, trim and sealant work in accordance with the project specifications and manufacturer's installation instructions.

PAYMENT TERMS

The Client shall pay the Contractor the Contract Sum in accordance with the schedule below. All payments shall be due as provided and are subject to the conditions of acceptance and inspection set forth herein.

TERM AND TERMINATION

The term of this Agreement commences on the scheduled start date and continues until completion of the Work, unless earlier terminated in accordance with this Section.

Termination for Cause: Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure the breach within the notice period specified above. Upon termination for cause, the Client shall pay the Contractor for all Work performed and materials procured to the date of termination, less offsets for damages and costs resulting from the breach.

CONFIDENTIALITY

Each party shall treat as confidential all non-public technical, financial and business information disclosed by the other party in connection with this Agreement. Confidential information shall not include information that is publicly available or independently developed without reference to the other party's confidential information. The obligations of confidentiality survive termination for a period of three (3) years.

WARRANTY, INSPECTION AND ACCEPTANCE

Contractor warrants that the Work will be free from defects in workmanship for the warranty period specified below, and that materials will conform to applicable manufacturer warranties. The warranty period begins upon Final Acceptance by the Client. Final Acceptance shall occur upon completion of punch-list items and passing inspection by authorized representatives as required by the contract documents.

CHANGES / CHANGE ORDERS

Any change to the Scope of Work or Contract Sum shall be documented by a written change order signed by both parties. The change order shall describe the change, any adjustments to price and schedule, and shall modify the Agreement accordingly.

INSURANCE AND INDEMNITY

The Contractor shall maintain insurance customary for EIFS contractors, including commercial general liability, workers' compensation and automobile liability insurance. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Client from and against claims, damages and liabilities arising out of Contractor's performance of the Work, except to the extent caused by the Client's negligence or willful misconduct.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its conflicts of law principles.

ENTIRE AGREEMENT

This Agreement, including any exhibits and executed change orders, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations and agreements, whether written or oral. No amendment shall be binding unless in writing and signed by both parties.

MISCELLANEOUS PROVISIONS

If any provision of this Agreement is held invalid or unenforceable, the remainder shall remain in full force and effect. Notices required hereunder shall be in writing and delivered to the addresses provided below or to such other address as either party may designate in writing.

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