Home Improvement Kitchen & Bath Template

HOME IMPROVEMENT AGREEMENT — KITCHEN & BATH

This Home Improvement Agreement ("Agreement") is entered into as of Effective Date: by and between:

WHEREAS

WHEREAS, Client desires certain improvements to be designed, supplied and installed in the Client's residence described above, specifically the kitchen and bathroom areas (the "Property"); and

WHEREAS, Contractor represents that it is duly qualified, licensed and experienced to perform home improvement work including kitchen and bath remodeling, and agrees to furnish labor, materials and supervision in accordance with the terms of this Agreement; and

WHEREAS, the parties desire to set forth the specific scope, payment terms, schedule, warranties and other obligations for the Project in a written Agreement.

1. SCOPE OF WORK

Contractor shall perform the work described below in a professional manner consistent with industry standards. The work shall include, but not be limited to, demolition, structural modifications, installation of cabinets, countertops, fixtures, plumbing, electrical, tiling and finishing as applicable.

2. PAYMENT TERMS

The total contract price for the Scope of Work is USD, payable as set forth below. All payments are due when invoiced and shall be made without setoff.

Late payments shall accrue interest at the rate of on the outstanding balance, compounded monthly, until paid in full. Contractor may suspend work if Client fails to timely pay undisputed amounts after five (5) calendar days' written notice.

Client acknowledges that failure to make payments when due may subject the Property to mechanic's or construction liens; Contractor may record such liens and pursue remedies available under applicable law.

3. TERM AND TERMINATION

Work shall commence on or about and is estimated to be substantially complete by .

Either party may terminate this Agreement for material breach by the other party if the breach remains uncured thirty (30) days after written notice unless a shorter notice period is required by law. For convenience, either party may terminate upon days' written notice; Client shall pay Contractor for all work performed, materials ordered, and reasonable demobilization costs incurred through the effective date of termination.

4. PERMITS, INSPECTIONS AND CODE COMPLIANCE

Contractor shall obtain and pay for all permits required for the Project unless otherwise agreed in writing. If Client elects to obtain permits, Client shall provide Contractor with copies prior to commencement of the affected work. All work will comply with applicable building codes and regulations.

Contractor responsible for obtaining permits
Client responsible for obtaining permits

5. CHANGE ORDERS

Any modification to the Scope of Work, materials, finishes, schedule, or price shall be made only by a written change order signed by both parties. Change orders shall describe the work, the adjustment to the Contract Price and any change to the schedule. Contractor shall not be obligated to perform changed work without a signed change order.

6. COMPLETION, ACCEPTANCE AND WARRANTY

Upon completion, Contractor shall notify Client and the parties shall jointly inspect the completed work. Client shall accept the work when it conforms to the Scope of Work except for minor punch-list items. Contractor warrants labor and workmanship for a period of from substantial completion, and warranties for materials shall be limited to the manufacturer's warranty where applicable.

7. CONFIDENTIALITY

Each party shall treat as confidential all nonpublic information received from the other party that is clearly identified as confidential or that, given its nature, a reasonable person would consider confidential. Confidential information shall not include information that is or becomes public through no fault of the receiving party or that is rightfully received from a third party without restriction.

8. INSURANCE AND INDEMNIFICATION

Contractor shall maintain commercial general liability insurance and workers' compensation as required by law for the duration of the Project. Contractor agrees to indemnify and hold harmless Client from liabilities, claims, damages or expenses to the extent caused by Contractor's negligent acts or omissions in the performance of the work.

9. LIMITATION OF LIABILITY

Except for liability arising from gross negligence or willful misconduct, neither party shall be liable to the other for consequential, incidental, special or punitive damages. Client's sole remedy for Contractor's breach shall be the repair or replacement of defective work or refund of the portion of the Contract Price attributable to such defective work, at Contractor's option.

10. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state of . Venue for any dispute shall lie in the appropriate state or federal court located in that state.

11. ENTIRE AGREEMENT

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

12. MISCELLANEOUS

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Neither party may assign this Agreement without the prior written consent of the other, except that Contractor may assign to a successor in connection with a sale of substantially all of its assets.

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