Home Improvement Tile Upgrade

Home Improvement Tile Upgrade Agreement

Effective Date:   Agreement No.:

Parties

WHEREAS

WHEREAS, Contractor is a licensed contractor engaged in the business of tile installation, removal and related home improvement services, and represents that it possesses the skill, personnel, and equipment necessary to perform the tile upgrade described herein; and

WHEREAS, Client desires to engage Contractor to provide tile upgrade services at the Project Location under the terms and conditions set forth in this Agreement; and

WHEREAS, the parties intend for this Agreement to set forth the full scope, payment terms, and responsibilities for the Project.

Scope of Work

Contractor shall furnish all labor, materials, tools, equipment and supervision necessary to perform the tile upgrade described below. Contractor will perform work in a professional and workmanlike manner consistent with industry standards.

Payment Terms

Total Contract Price:

Deposit (due upon signing):

Final payment is due upon substantial completion of the Scope of Work and prior to final cleanup unless otherwise agreed in writing. Client shall not withhold payment for defective items that can be cured in a timely manner.

Late Payment: In the event any undisputed payment is not received within days after the due date, Contractor may charge interest at the rate of on the overdue amount, calculated monthly, and may suspend work after seven (7) days' written notice until payment is made.

Term and Termination

Commencement Date: . Estimated Substantial Completion Date: . Time is of the essence but Contractor is not liable for delays caused by force majeure, permit delays, or Client-requested changes.

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure the breach within days after receipt of written notice specifying the breach. Upon termination, Contractor shall be paid for work performed and materials ordered to date, less offsets for damages.

Confidentiality

Each party shall maintain in confidence all non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential under the circumstances ("Confidential Information"). Confidential Information shall not include information that is publicly available through no fault of the receiving party, known to the receiving party prior to disclosure, or rightfully obtained by the receiving party from a third party without restriction.

The receiving party may use Confidential Information only for the performance of its obligations under this Agreement and shall not disclose such information without prior written consent except as required by law, provided that the receiving party gives prompt notice and cooperates with any protective measures sought by the disclosing party.

Change Orders

All changes to the Scope of Work, including additions, deletions, or alterations, must be made in writing in a Change Order specifying the change, any adjustment to the Contract Price, and any extension of time. No change is effective until signed by both Contractor and Client. Contractor shall not be obligated to perform work outside the written Scope of Work without a fully executed Change Order.

Warranties

Contractor warrants that workmanship performed under this Agreement shall be free from defects for a period of months from the date of substantial completion, subject to normal wear and tear and except for defects arising from improper maintenance or misuse by Client. Manufacturer warranties for materials shall be assigned to Client where transferable.

Insurance; Permits

Contractor shall maintain appropriate liability insurance and workers' compensation as required by law during performance of the work. Contractor shall provide certificates of insurance upon request.

Permits: Contractor to obtain required permits Client to obtain required permits

Indemnification and Limitation of Liability

Each party shall indemnify, defend and hold harmless the other party from and against any claims, damages, losses and expenses (including reasonable attorneys' fees) arising out of the indemnifying party's negligence or willful misconduct in connection with performance under this Agreement. Contractor's total liability for any claim arising under this Agreement shall not exceed the total Contract Price, except for damages resulting from Contractor's willful misconduct or gross negligence.

Dispute Resolution

The parties shall first attempt to resolve disputes in good faith through direct negotiation. If unresolved within thirty (30) days, disputes shall be submitted to binding arbitration administered in the governing state specified below, unless the parties agree otherwise in writing. Each party shall bear its own costs and attorneys' fees, except as awarded by the arbitrator.

Governing Law; Entire 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 principles.

Entire Agreement: This Agreement, including any attached exhibits and written Change Orders signed by both parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral. No modification shall be effective unless in writing and signed by both parties.

Additional Provisions

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

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