Home Construction Self Build Template

HOME CONSTRUCTION SELF BUILD AGREEMENT

Parties

This Home Construction Self Build Agreement ("Agreement") is entered into by Owner Name: and Contractor Name: (collectively, the "Parties") for construction and related services at the project address set forth above.

WHEREAS

WHEREAS, Owner intends to self-build or substantially self-administer construction of a residential structure and desires certain trades, materials, and professional services to be provided under the supervision of Owner or designated representatives; and

WHEREAS, Contractor is duly licensed, experienced and willing to perform specified portions of the work, furnish labor and materials, comply with applicable codes and permits, and coordinate with Owner's self-build schedule in accordance with the terms and conditions set forth in this Agreement.

WHEREAS, the Parties intend that this Agreement define the scope, payment, schedule, and risk allocation for the project.

Scope of Work

Contractor shall perform the Work described below. The Work shall be performed in a professional manner consistent with industry standards and applicable law. Owner retains the right to inspect and approve completed phases and to require correction of deficient work as set forth herein.

Schedule and Milestones

Contract Start Date:    Estimated Substantial Completion Date:

Payment Terms

Total Contract Amount: $ . Owner shall pay Contractor in accordance with the schedule below, subject to approved change orders and reasonable retainage.

Retainage: of each progress payment may be withheld until final completion and acceptance, unless otherwise agreed in writing.

Late Payment Fee (applies to overdue undisputed amounts): calculated monthly on outstanding balance.

All changes to the Scope of Work shall be authorized in writing by Owner and Contractor prior to performance. Contractor shall provide a written change order detailing cost and schedule impact. Owner approval: Yes

Permits, Insurance, and Compliance

Responsibility for obtaining permits: . Contractor shall comply with permit conditions, inspections, and applicable building codes for work performed by Contractor.

Warranties and Defects

Contractor warrants that labor and materials provided by Contractor shall be free from defects for a period of from date of substantial completion for the portions of work performed by Contractor. Owner shall notify Contractor in writing of defects within a reasonable time after discovery.

Term and Termination

Term Commencement Date: . Termination Date (if applicable): .

Either Party may terminate this Agreement for material breach if the breaching Party fails to cure the breach within days after written notice. In the event of termination, Contractor shall be paid for work performed and materials suitably stored as of the termination date, less offsets for Owner damages.

Confidentiality

The Parties acknowledge that certain proprietary or sensitive information may be exchanged in the course of the project. Each Party shall keep confidential and not disclose to third parties any information expressly designated as confidential by the other Party, except information which: (a) is or becomes publicly available through no fault of the receiving Party; (b) is lawfully received from a third party without restriction; or (c) is required to be disclosed by law or court order, provided prompt notice is given to permit the disclosing Party to seek protection.

Indemnification

Contractor shall indemnify, defend and hold Owner harmless from claims, damages, losses and expenses (including reasonable attorneys' fees) arising out of Contractor's negligent acts, omissions or willful misconduct in connection with the performance of the Work, except to the extent caused by Owner's negligence or breach of this Agreement.

Governing Law

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

Entire Agreement

This Agreement, together with any written change orders and attachments expressly incorporated by reference, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, whether written or oral. Any modification must be in writing and signed by both Parties.

Notices

Notices under this Agreement shall be in writing and delivered to the addresses provided above or to such other address as a Party may designate in writing. Notices are effective upon personal delivery, confirmed electronic delivery, or three days after deposit with prepaid certified mail.

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