Fill and Sign the Framing Contract for Contractor Missouri Form

FRAMING CONTRACT THIS FRAMING CONTRACT (“Contract”), effective as of the date of the last party to sign below, is between       , having an address at       ("Contractor") and       , having an address at       ("Owner"). For valuable consideration the parties hereby agree as follows: 1. SCOPE OF WORK: Framing shall be to the plans including all details. Floor joist layout shall be as best to avoid plumbing for tubs and toilets. Framing includes the installation of       sill plates; rim joists; floor joists; sub flooring; plates; exterior and interior walls; ceiling joists; headers; rafters; roof sheathing; sub fascia and fascia; bridging; joist hangers; rough framing materials for stair jacks, treads and risers; collar ties; other attic bracing materials; roof overhang and soffit; rake boards; steel and/or wood girders; columns and posts; sill sealer under the sill plates; sheathing and siding the exterior walls; siding corners; interior and exterior decorative beams and posts; exterior moldings; drip edge/Z - bar (including trim materials over z - bar); windows; exterior doors (excepting the garage door); frame and case garage door as needed; back-out garage door as needed; ventilation materials; termite shield; furring blocks on concrete walls; bracing; stiffbacks; backing blocks; nailing blocks; shimming windows and doors; caulking and gluing continuous as needed; set all finish nails; insulation behind tubs located on exterior walls; drywall behind tubs as required; box in vent areas; box in heat runs as required; framing for future recessed fixtures; kitchen and bathroom cabinet drops; fire stopping as required; deck posts; deck girders; deck floor joists and flooring; deck handrail and seating; deck stair jacks, treads and risers; and       . Contractor shall return all excess material and damaged materials. Contractor shall call for inspections of the work as required. Framing Materials: Sill Insulation:       Termite Shield:       Bridging Material:       Joist Hangers:       SubFloor Material:       Size:       Glue:       Underlayment Material:       Size:       Glue:       Wall Sheathing Material:       Size:       Corner Brace Material:       Wall Siding Material:       Size:       Roof Sheathing Material:       Size:       Flitch Plate Material/Size:       Bolts:       Nails-Framing Members:       Siding:       Windows:       Exterior Trim:       Exterior Doors:       Use Material Type Size Spacing Greatest Span Each Size Sill Plate             N/A N/A Box Sill/Rim Joist             N/A N/A 1st Floor-Floor Joists                   - 1 - 2nd Floor-Floor Joists                         Ceiling Joists                         Rafters/Roof Trusses                         Exterior Studs                         Interior Studs                         Top & Bottom Plates             N/A N/A Headers, Windows & Doors             N/A       Headers, Garage Door             N/A       Beams             N/A       Roof Bracing/Collar Ties                         Exterior Trim Material Type Thickness Size Fascia Board                   Soffit                   Siding Corners                   Garage Door Trim                   Window Trim                   Door Trim                   Rake Board                   Exterior Beams                   Exterior Posts                   Flashing Material:       Windows:       Doors:       Soffit Vents:       Gable Vents:       WINDOWS: Manufacturer/Style:       Material:       Insulated Glass:       Screens:       Storms:       Grilles:       Shutters:       STAIRS: LOCATION JACKS TREADS RISERS Material Size Material Size Material Size Basement                                     1st Floor                                     - 2 - 2nd Floor                                     Disappearing Stairs - Make and Model Number:       EXTERIOR DOORS: (Including Storm Doors) Door Brand/Model/Material Size Thickness Hardware Front                         Rear                         Sliding/Patio                         Garage                         2. WORK SITE: The Project shall be constructed on the property of Owner located at       and more particularly described as       (hereafter "the Work Site"). Owner hereby authorizes Contractor to commence and complete the usual and customary excavation and grading on the Work Site as may be required in the judgment of the Contractor to complete the Project. Unless called for in the drawings or specifications, no landscaping, finish grading, filling or excavation is to be performed at the Work Site by the Contractor. 3. TIME OF COMPLETION: Contractor shall commence the work to be performed under this Contract on or before       and shall substantially complete the work on or before       . Contractor shall not be liable for any delay due to circumstances beyond its control including strikes, casualty, acts of God, illness, injury, or general unavailability of materials. 4. PERMITS: Contractor shall apply for and obtain such permits and regulatory approvals as may be required by the local municipal/county government, the cost thereof shall be included as part of the Project price. 5. INSURANCE: Contractor shall maintain general liability, workers compensation and builder's risk insurance. 6. SURVEY AND TITLE: If the Project is near the Owner’s property boundary, Owner will point out property lines to the Contractor. If the Owner or Contractor has any doubt about the location of the property lines, Owner shall provide Contractor with boundary stakes through a licensed surveyor. In addition, Owner shall provide Contractor documentation that Owner has title to the Work Site and shall provide Contractor copies of any covenants, conditions, or restrictions that affect the Work Site. 7. CHANGES TO SCOPE OF WORK: Owner may make changes to the scope of the work, including changes to the drawings and specifications, from time to time during the construction of the Project. However, any such change or modification shall only be made by written "Change Order" signed by both parties. Such Change Orders shall become part of this Contract. Owner agrees to pay any increase in the cost of the Project as a result of a Change Order. In the event the cost of a Change Order is not known at the time a Change Order is executed, the Contractor shall estimate the cost thereof and Owner shall pay the actual cost whether or not it is in excess of the estimated cost. - 3 - 8. CONTRACT PRICE: {COST PLUS} Owner agrees to pay Contractor the actual cost to Contractor of materials plus the sum of $       for performing the services set forth in the scope of the work. Contractor shall be paid as follows:                   . OR {FIXED FEE} Owner agrees to pay Contractor the sum of $       for performing the services set forth in the scope of the work. Contractor shall be paid as follows:                   . Contractor shall furnish Owner appropriate releases or waivers of lien for all work performed or materials provided at the time the next periodic payment shall be due. 9. LATE PAYMENT/DEFAULT: A failure to make payment for a period in excess of ten (10) days from the due date shall be deemed a material breach of this Contract. If payment is not made when due, Contractor may suspend work on the job until such time as all payments due have been made without breach of the Contract pending payment or resolution of any dispute. Owner agrees to pay a late charge of 1% of all payments that are more than ten (10) days late plus interest at the rate of 1% per month. 10. DESTRUCTION AND DAMAGE : If the Project is destroyed or damaged for any reason, except where such destruction or damage was caused by the sole negligence of the Contractor or its subcontractors, Owner shall pay Contractor for any additional work done by Contractor in rebuilding or restoring the Project to its condition prior to such destruction or damage. If the estimated cost of replacing work already accomplished by Contractor exceeds 20 percent of the Contract price, either the Contractor or Owner may terminate this Contract. Upon termination by either party, Contractor shall be excused from further performance under this Contract and Owner shall pay Contractor a percentage of the Contract price in proportion to the amount of work accomplished prior to the destruction or damage. 11. ASSIGNMENT : Neither party may assign this Contract, or payments due under the Contract, without the other party’s written consent. Any such assignment shall be void and of no effect. 12. INTERPRETATION: (a) Interpretation of Documents. The Contract, drawings, and specifications are intended to supplement one another. In the event of a conflict, the specifications shall control the drawings, and the Contract shall control both. If work is displayed on the drawings but not called for in the specifications, or if the work is called for in the specifications but not displayed on the drawings, - 4 - Contractor shall be required to perform the work as though it were called for and displayed in both documents. (b) Entire Agreement. This Contract constitutes the entire agreement of the parties. No other agreements, oral or written, pertaining to the work to be performed under this Contract exists between the parties. This Contract may only be modified only by a written agreement signed by both parties. (c) Governing Law. This Contract shall be interpreted and governed in accordance with the laws of the State of Missouri. 13. ATTORNEYS’ FEES AND COSTS: If any party to this Contract brings a cause of action against the other party arising from or relating to this Contract, the prevailing party in such proceeding shall be entitled to recover reasonable attorney fees and court costs. 14. PERFORMANCE: (a) Contractor may, at its discretion, engage licensed subcontractors to perform work pursuant this Contract provided Contractor shall remain fully responsible for the proper completion of the Project. (b) All work shall be completed in a workman-like manner and in compliance with all building codes and applicable laws. To the extent required by law, all work shall be performed by individuals duly licensed and authorized by law to perform said work. (c) Contractor agrees to remove all debris and leave the premises in broom clean condition. 15. WARRANTY: Contractor's warranty shall be limited to due to improper framing labor techniques, except for the following allowances: floor variance shall not exceed 1/4 inch in 32 inches, bowed or out of plumb walls shall not exceed 1/4 inch in 32 inches, non-excessive floor squeaks or pops. All said defects arising after one (1) year and defects in material are not warranted by Contractor. Contractor hereby assigns to Owner all warranties on materials as provided by the manufacturer of such materials. AGREED: CONTRACTOR: Signature       Print Name & Title       Date       License Number OWNER: Signature       Print Name       Date - 5 -       Name and Address of License Holder STATUTORY NOTICES TO OWNER: NOTICE TO OWNER FAILURE OF THIS CONTRACTOR TO PAY THOSE PERSONS SUPPLYING MATERIAL OR SERVICES TO COMPLETE THIS CONTRACT CAN RESULT IN THE FILING OF A MECHANIC'S LIEN ON THE PROPERTY WHICH IS THE SUBJECT OF THIS CONTRACT PURSUANT TO CHAPTER 429, RSMO. TO AVOID THIS RESULT YOU MAY ASK THIS CONTRACTOR FOR "LIEN WAIVERS" FROM ALL PERSONS SUPPLYING MATERIAL OR SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT. FAILURE TO SECURE LIEN WAIVERS MAY RESULT IN YOUR PAYING FOR LABOR AND MATERIAL TWICE. CONSENT OF OWNER CONSENT IS HEREBY GIVEN FOR FILING OF MECHANIC'S LIENS BY ANY PERSON WHO SUPPLIES MATERIALS OR SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT ON THE PROPERTY ON WHICH IT IS LOCATED IF HE IS NOT PAID. ___________________________ (date) ___________________________ (owner's signature) SECTIONS 436.350 TO 436.365 OF MISSOURI REVISED STATUTES PROVIDE YOU WITH CERTAIN RIGHTS IF YOU HAVE A DISPUTE WITH A CONTRACTOR REGARDING CONSTRUCTION DEFECTS. EXCEPT FOR CLAIMS FILED IN SMALL CLAIMS COURT, IF YOU HAVE A DISPUTE WITH A CONTRACTOR, YOU MUST DELIVER TO THE CONTRACTOR A WRITTEN CLAIM OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE YOUR CONTRACTOR THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THE CONTRACTOR. READ THIS NOTICE CAREFULLY. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER SECTIONS 436.350 TO 436.365 WHICH MUST BE OBEYED IN ORDER TO PRESERVE YOUR ABILITY TO FILE A LAWSUIT. OTHER THAN REPAIRS TO WORK DONE BY THE CONTRACTOR THAT ARE NECESSARY TO PROTECT THE LIFE, HEALTH, OR SAFETY OF PERSONS LIVING IN A RESIDENCE, OR TO AVOID ADDITIONAL SIGNIFICANT AND MATERIAL DAMAGE TO THE RESIDENCE PURSUANT TO SUBSECTION 10 OF SECTION 436.356, YOU MAY NOT INCLUDE IN CLAIMS AGAINST YOUR CONTRACTOR THE COSTS OF OTHER REPAIRS YOU PERFORM BEFORE YOU ARE ENTITLED TO FILE A LAWSUIT UNDER SECTIONS 436.350 TO 436.365. - 6 - * Optional notice required only for contracts to be paid from insurance proceeds: You may cancel this contract at any time before midnight on the fifth business day after you have received written notification from your insurer that all or any part of the claim or contract is not a covered loss under the insurance policy. See attached notice of cancellation form for an explanation of this right. NOTICE OF CANCELLATION If you are notified by your insurer that all or any part of the claim or contract is not a covered loss under the insurance policy, you may cancel the contract by mailing or delivering a signed and dated copy of this cancellation notice or any other written notice to (name of contractor) at (address of contractor's place of business) at any time prior to midnight on the fifth business day after you have received such notice from your insurer. If you cancel, any payments made by you under the contract, except for certain emergency work already performed by the contractor, will be returned to you within ten business days following receipt by the contractor of your cancellation notice. I HEREBY CANCEL THIS TRANSACTION ___________________________ (date) ___________________________ (insured's signature) - 7 - * Optional notice required only for home solicitation sales: NOTICE OF CANCELLATION ___________________________ (Date of transaction must be filled in at time of sale by seller.) If this agreement was solicited at your residence and you do not want the goods or services, you may cancel, without further obligation, this agreement by mailing a notice to the seller at the address as shown below, within 3 business days following the above date. You shall return the goods to seller in substantially the same condition as when you obtained them. Seller will then cancel all contracts and negotiable instruments executed by you and return any property given by you to seller within 10 days from date of transaction. If seller does not pick up the purchased goods within 20 days from date of your cancellation, you may retain or dispose of the goods without any further obligation. The notice must be mailed to: ___________________________ . (Name and mailing address of seller must be filled in at time of sale.) - 8 -