Home Improvement Window Replacement

Home Improvement Window Replacement Agreement

Parties and Recitals

This Agreement is entered into by and between Client Name: , located at Client Address: (hereinafter "Client"), and Contractor Name: , License No.: , located at Contractor Address: (hereinafter "Contractor").

WHEREAS, Client desires to have windows removed and replaced at the property located at Project Address: , and Contractor represents that it has the experience, license, and ability to perform the work described herein; and

WHEREAS, the parties desire to set forth the terms and conditions under which Contractor will supply labor, materials, equipment, permits, and supervision necessary to replace windows in accordance with the scope defined below; and

WHEREAS, the parties intend this Agreement to be a complete and binding statement of their rights and obligations with respect to the Work.

Scope of Work

Contractor shall supply all labor, materials, equipment and supervision necessary to perform the Work in a workmanlike manner consistent with industry standards. Contractor shall comply with all applicable building codes and shall obtain permits where required: Permits to be obtained by Contractor: yes

Payment Terms

Late Payment: Unpaid amounts shall accrue interest at a rate of per month (or the maximum permitted by law), calculated daily from the due date until paid in full. Client shall also be responsible for reasonable collection costs, including attorneys' fees.

Retainage (if applicable): . Final payment is conditioned upon completion of Work, removal of debris, correction of punch list items, and provision of lien waivers as provided below.

Client initial to authorize up to specified contingency for minor changes: Initials: . Major changes requiring an increase in contract price or extension of time must be executed by written Change Order signed by both parties.

Term and Termination

Commencement of Work: Contractor shall commence work within days after receipt of deposit and executed Agreement, but in no event later than Start Date: .

Estimated Completion Date: . The parties acknowledge that completion dates are estimates and may be adjusted for excusable delays such as weather, supply shortages, or Change Orders.

Termination: Either party may terminate this Agreement for material breach if the breaching party fails to cure within days after receiving written notice. In the event of termination, Client shall pay Contractor for all work performed, materials purchased, and reasonable demobilization costs, less any setoffs permitted by law.

Warranties; Insurance

Contractor warrants that materials and workmanship provided under this Agreement shall be free from defects for a period of months from completion. This warranty excludes normal wear and tear, damage from abuse, misuse, neglect, or failure of existing structures. Any manufacturer warranties for windows and materials are assignable to Client to the extent permitted by the manufacturer.

Insurance: Contractor represents that it maintains general liability insurance and workers' compensation coverage in amounts customary for this type of work and will provide proof of insurance upon request: Proof provided: yes

Permits, Hazardous Materials, Cleanup & Disposal

Lead Paint / Hazardous Materials: If the Work may disturb known or suspected lead-based paint or other hazardous materials, the parties shall follow applicable laws and abatement procedures. Client must notify Contractor if the property was built prior to 1978: Property built prior to 1978: yes

Cleanup and Disposal: Contractor shall remove construction debris and leave the Work area broom-clean daily and upon completion. Contractor shall be responsible for lawful disposal of waste unless otherwise agreed: Contractor responsible: yes

Liens; Permitted Setoffs

Contractor shall not record a mechanic's lien against the Property if Contractor has been paid in accordance with this Agreement. Client may request conditional lien waivers at payment milestones: Lien waivers to be provided at closeout: yes

Confidentiality

Each party shall treat the other party's non-public business information, pricing, trade secrets, and customer information disclosed in connection with this Agreement as confidential and shall not disclose such information to third parties except as required by law or necessary to perform the Work. Confidential information shall not include information that is or becomes publicly available other than through a breach of this Agreement.

Indemnity

Contractor shall indemnify and hold Client harmless from claims, damages, losses and expenses (including reasonable attorneys' fees) arising out of Contractor's negligent performance of the Work, to the extent caused by Contractor's acts or omissions. Client shall indemnify Contractor for injuries or damages arising from Client's negligence or breach of this Agreement.

Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the state where the Project Address is located. The parties shall attempt in good faith to resolve disputes through negotiation. If unresolved, disputes shall be resolved by binding arbitration or in a court of competent jurisdiction as selected by the prevailing party, consistent with applicable law.

Entire Agreement; Severability

This Agreement, together with any Change Orders and attachments signed by both parties, constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior oral or written agreements. If any provision is held invalid or unenforceable, such provision shall be severed and the remaining provisions shall remain in full force and effect.

Authorizations

Client expressly authorizes Contractor to proceed with the Work upon receipt of the deposit and a signed copy of this Agreement. Client acknowledges responsibility for notifying Contractor of any concealed conditions and understands that concealed conditions may require a Change Order and additional charges.

Client Authorized Representative:    Phone:

Contractor Authorized Representative:    Phone:

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