Home Improvement Railings Template

HOME IMPROVEMENT RAILINGS AGREEMENT

Parties and Project Identification

Agreement Date:

Recitals

WHEREAS, Contractor is engaged in the business of fabricating, supplying and installing guardrails, handrails and related railing systems and possesses the necessary skill, personnel and equipment to perform the work described herein;

WHEREAS, Client desires to engage Contractor to furnish materials and perform the installation of railings at the Project Address in accordance with the terms and specifications set forth in this Agreement;

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows.

Scope of Work

Contractor shall furnish all labor, materials, equipment and supervision necessary to complete the railing work described below and in accordance with applicable codes, industry standards and the permit requirements of the jurisdiction where the Project is located. Specific components include but are not limited to the following items and deliverables:

Permits, Inspections and Codes

Contractor shall obtain and pay for all trade permits and schedule required inspections unless otherwise agreed in writing. If Client elects to obtain permits, Client must notify Contractor in writing and provide copies of permits prior to commencement.

Payment Terms

The total contract price for the Scope of Work is:

Payment schedule shall be as follows. Contractor shall not be required to commence or continue work until required payments are received.

Late payments shall accrue interest at the rate of on any undisputed past due amount, beginning after days from invoice date. Client shall also be responsible for collection costs and reasonable attorneys' fees incurred to enforce payment.

Term and Termination

This Agreement commences on the estimated start date set forth above and shall terminate upon completion of the Work and final payment unless earlier terminated as provided below.

Either party may terminate this Agreement for material breach by providing written notice to the other party. Termination shall be effective if the breaching party fails to cure within days after receipt of written notice. Upon termination, Client shall pay Contractor for all work performed and materials purchased to the date of termination, together with reasonable demobilization costs.

Change Orders

Any deviation from the Scope of Work, including additional materials, altered finishes, field conditions or design changes, shall require a written change order describing the change and the adjustment to price and schedule. Work performed without an approved written change order that results in additional charges will be billed to Client and is payable upon receipt.

Warranties

Contractor warrants that materials furnished under this Agreement will be new (unless otherwise specified) and that workmanship shall be free from substantial defects for a period of from date of final acceptance. This warranty does not cover damage due to misuse, vandalism, normal wear, acts of God, or corrosion where excluded by material manufacturer. Manufacturer warranties, if any, are passed through to Client to the extent assignable.

Liens, Indemnity and Insurance

Contractor shall keep the work area free of lienable claims by paying subcontractors and suppliers. Contractor shall indemnify and hold Client harmless from claims arising from Contractor's negligence in performance, subject to limitations herein. Contractor represents that it maintains general liability insurance in customary amounts and shall provide proof upon request.

Confidentiality

Neither party shall disclose proprietary business information of the other party obtained in connection with this Agreement to third parties except as required for performance, to comply with legal process, or as otherwise permitted in writing. Confidential materials do not include information that becomes publicly available without breach of this Agreement or information independently developed by the recipient.

Completion, Acceptance and Final Payment

Upon substantial completion, Contractor shall notify Client to perform final inspection. Client shall accept or provide a written punch list within days. Final payment is due upon satisfactory completion of punch list items and final invoice. Receipt of final payment constitutes conditional release of liens to the extent of payments received.

Governing Law; Dispute Resolution

This Agreement shall be governed by the laws of the state where the Project is located without regard to conflict of law rules. The parties agree to negotiate disputes in good faith. If unresolved, disputes shall be resolved by binding arbitration or litigation as selected by the prevailing party; arbitration selection (if any) shall be specified in a subsequently executed mutual arbitration agreement.

Entire Agreement; Severability

This Agreement, including any exhibits and signed change orders, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior negotiations and agreements. If any provision is held unenforceable, the remainder shall remain in full force and effect and the parties shall attempt to replace the unenforceable provision with a valid provision achieving the original intent.

Additional Provisions

Each party represents and warrants that the signatory below is authorized to bind the party to the terms of this Agreement.

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