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
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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
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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.
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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,
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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 Nevada.
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
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Name and Address of License Holder
NOTICES TO OWNER
Pursuant to NRS 108.221 to 108.246, inclusive, a contractor, subcontractor, laborer, supplier of
materials or other person or entity who:
(1) Performs work or furnishes materials of the value of $500.00 or more to improve the value of
your property; and
(2) Is not paid for the work or materials, has a right to place a lien on your property on which the
work was performed and to sue you in court to obtain payment.
This means that after a court hearing, your property could be sold by an officer of the court, and the
proceeds of the sale used to satisfy the amount you owe. If you did not ask for and receive releases
of liens from the contractors’ subcontractors, laborers or suppliers of materials, a lien may be placed
on your property or you may be sued even if you have paid your contractor in full.
To preserve their right to file a claim or lien against your property, certain claimants, such as
subcontractors, laborers and suppliers of materials, are each required to provide you with a document
called a “preliminary or pre-lien notice.” A preliminary or pre-lien notice is not a lien against your
property. Its purpose is to notify you regarding persons or entities who may have a right to file a lien
or claim against your property if they are not paid. To perfect their lien rights, contractors,
subcontractors, laborers and suppliers of materials must file mechanics’ liens with the county
recorder, which then become recorded liens against your property. Generally, the maximum time
allowed for filing a mechanics’ lien against your property is 90 days after substantial completion of
your project.
TO ENSURE EXTRA PROTECTION FOR YOURSELF AND YOUR PROPERTY, YOU MAY
WISH TO TAKE ONE OR MORE OF THE FOLLOWING STEPS:
(1) Request that your contractor supply you with a payment and performance bond, which
guarantees completion of your project and payment of the subcontractors, laborers and suppliers of
materials who work on the project. This payment and performance bond is different from the surety
bond that a contractor must file for licensure pursuant to NRS 624.270. A payment and performance
bond provides that if the contractor does not complete the project, the bonding company will pay
damages up to the amount of the bond. This payment and performance bond, as well as a copy of
the construction contract, should be filed with the county recorder for your further protection. There
is a fee for a payment and performance bond. This fee is usually equal to between 1 and 6 percent of
the amount of the contract, depending on the ability of the contractor to be bonded.
(2) Require that payments be made directly to subcontractors, laborers and suppliers of
materials through a mechanism that controls payment for construction. In the area in which
you live, services to control the funding of your project may be available, for a fee, to control
payment of your contractor by the use of vouchers or other means. These services may also
provide you with waivers of liens and other forms of protection.
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(3) Issue joint checks for payment, made payable to both your contractor and the subcontractors,
laborers and suppliers of materials who were involved in the project or portion of the project for
which payment is due and who sent a preliminary or pre-lien notice to you. Those persons or entities
have indicated that they may have the right to place a lien on your property, and
therefore you need to protect yourself. Making checks jointly payable will help to ensure that all
persons due payment are actually paid.
(4) Require your contractor to provide you with unconditional “waiver and release” (lien
release) forms so that when you make a payment on any completed phase of your project, each
subcontractor, laborer and supplier of materials involved in that portion of the work for which the
payment was made can sign the waiver and release forms. This protects you from liability to
them for work for which they have already been paid.
Some stationery stores sell waiver and release forms if your contractor does not have them.
The subcontractors, laborers and suppliers of materials from whom you obtain releases
should be those persons or entities who have filed preliminary or pre-lien notices with you.
If you are not certain which subcontractors, laborers and suppliers of materials are working
on your project, you may obtain a list from your contractor. In regard to projects involving
improvements to a single-family residence or a duplex owned by an individual, the persons
signing these releases lose their right to file a mechanics’ lien against your property. In
regard to other types of projects, obtaining such releases may still be important, but may not
provide complete protection.
To protect yourself by use of a waiver and release form, you must be certain that all
subcontractors, laborers and suppliers of materials who work on your project sign a waiver
and release form. If a mechanics’ lien has already been filed against your property, in most
cases the lien can only be released voluntarily by a recorded “release of mechanics’ lien,”
which is signed by the person or entity that filed the mechanics’ lien against your
property. However, if the person or entity that filed the lien fails to bring an action to enforce
the lien in a timely manner, the lien may be removed without voluntary action on the part of
that person or entity. You should not make final payment on your project until all
mechanics’ liens that are filed against your property have been removed.
TO PROTECT YOURSELF FULLY, YOU SHOULD CONSULT AN ATTORNEY:
(1) BEFORE YOU SIGN A CONSTRUCTION CONTRACT; OR
(2) IF A LIEN IS FILED AGAINST YOUR PROPERTY.
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Contractors are required by law to be licensed and regulated by the Nevada State Contractors
Board. The Nevada State Contractors Board has jurisdiction to investigate complaints that are filed
against contractors. Any questions concerning a contractor may be referred to the Board at:
Southern Nevada
Address: 2310 Corporate Circle, Ste 200
Henderson, NV 89074
Phone: (702) 486-1100
Fax: (702) 486-1190
Northern Nevada:
Address: 9670 Gateway Drive, Ste 100
Reno, NV 89521
Phone: (775) 688-1141
Fax: (775) 688-1271
Hours of Operation
Monday - Friday
8:00am - 5:00pm
The law of this state requires a person or entity that enters into a contract to perform construction
work be properly licensed by the Nevada State Contractors Board for the category of work that the
person or entity intends to perform. Laws regulating licensed contractors are designed to protect
the public. If you contract with a person or entity who is not licensed to perform construction work,
your remedies against that person or entity may be limited to a suit in civil court. You may be liable
for damages arising out of any injuries to an unlicensed contractor or that contractor’s employees,
as well as withholding taxes and contributions pursuant to the Federal Insurance Contributions Act
and contributions for industrial insurance and unemployment compensation. In addition, you must
comply with other applicable state and federal laws regarding employment. Finally, you should be
aware that construction performed on your property must comply with all applicable laws,
ordinances, building codes and regulations.
A contractor is required to include his license number on all of his advertising, vehicles, bids and
contracts. You may contact the Nevada State Contractors Board to find out if a contractor has a
valid license and, if so, the status of that license. The Board has complete information on the status
of all licensed contractors in the State of Nevada. This information is available through the “voice
response system” of the Nevada State Contractors Board.
As referenced above, any contractor who works on a residential property is required to provide
Residential Recovery Fund disclosures.
RESIDENTIAL CONSTRUCTION RECOVERY FUND
Payment may be available from the Recovery Fund if you are damaged financially by a project performed
on your residence pursuant to a contract, including construction, remodeling, repair or other
improvements, and the damage resulted from certain specified violations of Nevada law by a contractor
licensed in this State. To obtain information relating to the Recovery Fund and filing a claim for recovery
from the Recovery Fund, you may contact the Nevada State Contractors Board at the following locations:
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Southern Nevada
Address: 2310 Corporate Circle, Ste 200
Henderson, NV 89074
Phone: (702) 486-1100
Fax: (702) 486-1190
Northern Nevada:
Address: 9670 Gateway Drive, Ste 100
Reno, NV 89521
Phone: (775) 688-1141
Fax: (775) 688-1271
Hours of Operation
Monday - Friday
8:00am - 5:00pm
2. The Board may impose upon a contractor an administrative fine:
(a) Of not more than $100 for the first violation of subsection 1; and
(b) Of not more than $250 for a second or subsequent violation of subsection 1.
3. The Board shall deposit any money received pursuant to this section in the account
established pursuant to NRS 624.470.
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