Fill and Sign the Glue Form

- 1 - 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 installat ion of sill plates; rim joists; floor joists; sub flooring; plates; exterior and interior walls; ceiling j oists; 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 c ase garage door as needed; back-out garage door as needed; ventilation materials; termite shiel d; 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 locat ed on exterior walls; drywall behind tubs as required; box in vent areas; box in heat runs as required; fra ming for future recessed fixtures; kitchen and bathroom cabinet drops; fire stopping as required; deck posts; dec k girders; deck floor joists and flooring; deck handrail and seating; deck stair jacks, trea ds and risers; and . Contractor shall return all excess material and damaged materials. Contractor sha ll 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 - 2 - 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 - 3 - 1st Floor 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 usua l 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 specificat ions, 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 include d 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 locat ion 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 tha t 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 const ruction 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 Contrac tor shall estimate the cost thereof and Owner shall pay the actual cost whether or not i t is in excess of the - 4 - estimated cost. 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 paym ent is not made when due, Contractor may suspend work on the job until such time as all payments due have bee n made without breach of the Contract pending payment or resolution of any dispute. Owner agree s 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 Contra ctor 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 t he 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 - 5 - 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, 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 exi sts between the parties. This Contract may only be modified only by a written agreeme nt signed by both parties. (c) Governing Law. This Contract shall be interpreted and governed in accordance with the laws of the State of South Dakota. 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 part y 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 pe rformed 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 i nch 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 OWNER: Signature Print Name Date - 6 - License Number Name and Address of License Holder - 7 - * Optional notice required only for door-to-door sales:YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT NOTICE OF CANCELLATION _____________________________ (enter date of transaction) _____________________________ (Date) YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE. IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN TEN BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELED. IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOU RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER'S EXPENSE AND RISK. IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN TWENTY DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT. TO CANCEL THIS TRANSACTION, MAIL, OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM, TO _____________________________ (Name of seller) AT _____________________________ (address of seller's place of business) NOT LATER THAN MIDNIGHT OF _____________________________ (Date). I HEREBY CANCEL THIS TRANSACTION. __________________ (Date) __________________ (Buyer's signature) - 8 - NOTICE OF CANCELLATION _____________________________ (enter date of transaction) _____________________________ (Date) YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE. IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN TEN BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELED. IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOU RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER'S EXPENSE AND RISK. IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN TWENTY DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT. TO CANCEL THIS TRANSACTION, MAIL, OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM, TO _____________________________ (Name of seller) AT _____________________________ (address of seller's place of business) NOT LATER THAN MIDNIGHT OF _____________________________ (Date). I HEREBY CANCEL THIS TRANSACTION. __________________ (Date) __________________ (Buyer's signature)