Foundation Placement Agreement

FOUNDATION PLACEMENT AGREEMENT

THIS FOUNDATION PLACEMENT AGREEMENT (the Agreement) is made and entered into as of by and between:

Client Name:    Client Address:

Contractor Name:    Contractor Address:

RECITALS

WHEREAS, Client intends to have a concrete foundation placed at the project location described below for the purpose of supporting improvements to real property; and

WHEREAS, Contractor is engaged in the business of providing foundation excavation, formwork, reinforcement, concrete placement, and finishing services and represents that Contractor has the experience, equipment, and licenses required to perform the Work in a professional manner; and

WHEREAS, Client and Contractor desire to set forth the terms and conditions under which Contractor will perform and Client will pay for the Work.

PROJECT LOCATION & IDENTIFICATION

SCOPE OF WORK

Contractor shall perform all labor, materials, equipment, supervision, and services necessary to complete the foundation placement as described below. The Work shall include, but not be limited to, site preparation, excavation, subgrade preparation, formwork, reinforcement placement, concrete placement and finishing, curing, testing, backfill, clean-up, and coordination with other trades.

PAYMENT TERMS

Payments shall be made in accordance with the Payment Schedule above. Unless otherwise stated, each invoice is due within days of invoice receipt. Amounts unpaid after such period shall incur a late fee equal to % per month (or the maximum permitted by law), calculated from the date payment was due.

TERM AND TERMINATION

This Agreement commences on the Start Date: and continues until completion of the Work or the End Date: , whichever occurs first, unless earlier terminated in accordance with this section.

Either party may terminate this Agreement for convenience upon providing written notice to the other party not less than days prior to the effective date of termination. Either party may terminate for material breach if the other party fails to cure the breach within a reasonable cure period not to exceed 15 days following written notice of such breach. Upon termination, Contractor shall be entitled to payment for Work performed and reasonable demobilization costs incurred through the effective date of termination.

CONFIDENTIALITY

Each party shall maintain in confidence any non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (Confidential Information). Confidential Information shall not include information which is or becomes publicly known through no breach of this Agreement, is independently developed, or is rightfully received from a third party without restriction. Neither party shall use Confidential Information except to perform its obligations under this Agreement, and shall not disclose it to any third party except to employees, agents, or subcontractors who need to know and who are bound by confidentiality obligations at least as protective as those herein.

INSURANCE, WARRANTY & INDEMNITY

Contractor shall maintain insurance appropriate to the Work, including commercial general liability and worker's compensation as required by law. Contractor warrants that the Work will be free from defects in workmanship for a period of one year from substantial completion and will conform to the Scope of Work. Contractor shall indemnify and hold Client harmless from claims arising out of Contractor's negligence or willful misconduct in performance of the Work, subject to applicable law and any contractual limits on liability set forth herein.

CHANGES; EXTRA WORK

Any changes to the Scope of Work or additional work shall be documented in a written change order signed by both parties specifying the changed work, the adjustment to the Contract Price, and any change to the schedule. Contractor shall not perform extra work without a signed change order, except in cases of emergency to prevent harm or damage.

GOVERNING LAW

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

ENTIRE AGREEMENT

This Agreement, including any written change orders and attachments expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, and understandings, whether written or oral. No amendment or modification of this Agreement shall be effective unless in writing and signed by both parties.

NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth above or to such other address as either party may specify in writing, and shall be deemed given when personally delivered, delivered by reputable overnight courier, or three days after deposit in the United States mail, postage prepaid.

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