Flooring Replacement Document

FLOORING REPLACEMENT AGREEMENT

This Flooring Replacement Agreement (the Agreement) is entered into as of the Effective Date by and between:

Client Name:

Client Address:

Contractor Name:

Contractor Address:

WHEREAS

WHEREAS, Client desires to replace existing flooring at the property identified below and has engaged Contractor to perform professional flooring replacement services in accordance with the terms and conditions of this Agreement; and

WHEREAS, Contractor represents that it is duly qualified, licensed, insured and experienced to perform the scope of work described in this Agreement and agrees to perform the work in a professional manner consistent with industry standards.

WHEREAS, the parties intend this Agreement to set forth the full responsibilities, compensation and remedies related to the flooring replacement project.

PROJECT

SCOPE OF WORK

Contractor shall furnish all labor, materials, equipment and supervision necessary to complete the flooring replacement as described below. Work includes removal and lawful disposal of existing flooring materials, preparation of subfloor, installation of new flooring, installation of transition pieces and base trim as necessary, and final cleaning. Specifics to include material, pattern and finish selection as set forth by Client and Contractor.

SCHEDULE

Estimated Start Date:   Estimated Completion Date:

Time is of the essence. Contractor will proceed diligently and shall notify Client in writing of any anticipated delays. If permit approval or material lead times delay performance, Contractor shall provide written notice of revised schedule.

PAYMENT TERMS

Final payment is due upon substantial completion and final inspection, subject to any agreed punch list. Client agrees to pay undisputed amounts in accordance with the schedule above. Contractor may withhold final deliverables until payment is received in full.

TERM AND TERMINATION

Term Commencement Date:   Term End Date:

Either party may terminate this Agreement for material breach if the breaching party fails to cure within the notice period. Upon termination, Client will pay Contractor for work performed and materials procured to date, less any setoffs permitted by law.

CHANGES / 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 the change, any adjustment to the contract price and any adjustment to the schedule. Contractor is not required to perform work outside the written scope without an approved change order.

WARRANTY

Contractor warrants that the installation services will be free from defects in workmanship for the Warranty Period. Material warranties provided by manufacturers are separate and are the responsibility of the Client to pursue if required. Contractor's warranty does not cover damage due to misuse, improper maintenance, or normal wear and tear.

CONFIDENTIALITY

Contractor and Client acknowledge that in the course of performance each may be exposed to non-public business information and trade secrets of the other. Each party agrees to hold such information in strict confidence and not to disclose it to third parties or use it for any purpose other than the performance of this Agreement, except as required by law. Confidential information does not include information that is publicly known or independently developed without use of the other party's confidential information.

INSPECTION AND ACCEPTANCE

Upon completion, Contractor will notify Client that work is ready for final inspection. Client shall inspect within a reasonable period and provide a written acceptance or a punch list of deficiencies. Acceptance shall be deemed if Client fails to provide written objections within seven (7) days following Contractor's notice of completion.

INDEMNIFICATION

Contractor shall indemnify and hold Client harmless from claims, liabilities, losses and expenses arising from Contractor's negligent performance of the work, except to the extent caused by Client's negligence or willful misconduct. Client shall indemnify Contractor for claims arising from conditions at the site known to Client and not disclosed to Contractor.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction of:

ENTIRE AGREEMENT

This Agreement, together with any written change orders and attachments executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, negotiations and communications, whether written or oral. No modification of this Agreement will be effective unless in writing and signed by both parties.

MISCELLANEOUS

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will continue in full force and effect. Headings are for convenience only and do not affect interpretation. Notices shall be in writing and delivered to the addresses set forth above.

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