Home Energy Air Sealing Template

Home Energy Air Sealing Agreement

This Home Energy Air Sealing Agreement (the Agreement) is made between the parties identified below for the provision of air sealing and related energy conservation services at the Property described herein.

Parties and Property

Recitals

WHEREAS, Client desires to reduce uncontrolled air leakage, improve energy efficiency, and achieve measurable air-sealing results at the Property; and

WHEREAS, Contractor represents that it is experienced and qualified to perform air sealing, infiltration testing, and associated repairs in accordance with industry standards and applicable building codes; and

WHEREAS, Client and Contractor desire to set forth the scope, terms, and conditions under which Contractor will perform the services.

Scope of Work

Contractor shall provide the services described below at the Property. Services include identification of air leakage pathways, sealing of identified leaks, and post-work diagnostic testing as specified.

Work Areas and Methods

Contractor will perform work in the following zones (select all that apply) and employ industry-standard sealing materials and methods. Client grants Contractor reasonable access to these areas.

Attic    Crawlspace    Basement

Rim joist / band joist    Wall penetrations and plumbing chases    Duct sealing

Testing, Acceptance, and Performance

Contractor will perform pre- and post-work diagnostic testing, including a blower door test and visual inspection. Test results and a concise report will be provided to Client upon completion.

Payment Terms

Client shall pay Contractor the fees described below in consideration for the Scope of Work. All payments are due in accordance with the schedule set forth.

Term and Termination

This Agreement commences on the Project Start Date and continues until completion of the Scope of Work unless terminated earlier in accordance with this section.

Project Start Date:   Projected Completion Date:

Either party may terminate this Agreement if the other party materially breaches any provision and fails to cure the breach within the notice period set above. Termination does not relieve Client of payment for services performed and materials ordered prior to termination.

Confidentiality

Contractor and Client each agree to maintain as confidential any proprietary information disclosed in connection with this Agreement, including test data, sensitive building characteristics, and pricing, except as required by law or to enforce rights under this Agreement. Confidential information does not include information that is or becomes publicly available through no fault of the receiving party.

Warranties, Insurance, and Liability

Contractor warrants that work will be performed in a professional manner consistent with industry standards. Contractor shall maintain general liability insurance and workers' compensation as required by law. Contractor's liability for claims arising from this Agreement shall be limited to direct damages not to exceed the total contract amount; Contractor shall not be liable for incidental, consequential, or punitive damages except for willful misconduct or gross negligence.

Change Orders

Any modification to the Scope of Work, schedule, or price shall be authorized only by a written change order signed by both parties. Work performed without a signed change order may be unpaid.

Indemnification

Each party shall indemnify, defend, and hold harmless the other party from and against any third-party claims, liabilities, damages, and expenses arising from the indemnifying party's negligence or willful misconduct in performing its obligations under this Agreement.

Governing Law

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

Entire Agreement

This Agreement, including any referenced attachments and executed change orders, constitutes the entire agreement between Client and Contractor with respect to the subject matter and supersedes all prior proposals, negotiations, and agreements, whether written or oral. No amendment or waiver shall be effective unless in writing and signed by both parties.

Miscellaneous Provisions

Notices shall be delivered in writing to the addresses provided in this Agreement. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Time is of the essence with respect to payment obligations.

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