Home Improvement Windows and Doors Template

HOME IMPROVEMENT AGREEMENT — WINDOWS AND DOORS

This Home Improvement Agreement (the Agreement) is made between Owner: whose address is , and Contractor: whose address is .

WHEREAS

WHEREAS, Owner desires to have certain window and door improvements performed at the property located at (the Project);

WHEREAS, Contractor represents that it holds all required licenses and insurances to perform the work, including license number and will provide proof of insurance upon request; and

WHEREAS, Owner and Contractor wish to set forth their rights and obligations with respect to the furnishing of materials and installation of windows and doors described herein.

1. SCOPE OF WORK

Contractor shall furnish all labor, materials, equipment, permits and services necessary to complete the work described in this Agreement at the Project address. Specific work includes supply, delivery, removal (if required), installation, finishing and cleanup for windows and doors as described in the Scope of Work below.

Manufacturer/Model:   Frame Material:

Windows (qty):   Doors (qty):   Glazing Type:

2. PAYMENT TERMS

Total Contract Price: $ (inclusive of labor, materials, sales tax where applicable, and standard jobsite cleanup).

Retainage:   Final payment will be due upon completion, final inspection, and delivery of signed lien waivers as required by Owner.

Late Fee: per month on overdue balances after days.

Contractor shall deliver unconditional final lien waivers from Contractor and its subcontractors upon receipt of final payment: Yes

3. TERM AND TERMINATION

Estimated Start Date:   Estimated Completion Date:

This Agreement shall commence on the Estimated Start Date and shall continue until the work is complete and final payment is made, unless earlier terminated as provided herein. Either party may terminate for material breach if the breaching party fails to cure within days' written notice.

Termination for convenience by Owner requires payment to Contractor for all work performed, materials purchased, reasonable demobilization costs, and any permitted mark-ups set forth in this Agreement.

4. PERMITS, INSPECTIONS AND SUBCONTRACTORS

Contractor shall be responsible for obtaining all required permits and scheduling required inspections unless the parties agree otherwise. Contractor responsible for permits: Yes

Contractor shall maintain liability insurance and workers' compensation insurance as required by law; proof of insurance shall be provided upon Owner's request. Insurance details:

5. CHANGE ORDERS

Any change or addition to the Scope of Work shall be authorized by a written change order signed by both parties, setting forth cost adjustments and any extension of time. No change order is effective until signed by both parties.

6. WARRANTY

Contractor warrants that all work will be free from defects in workmanship for a period of months from the date of final payment, except to the extent longer manufacturer warranties apply to products. Manufacturer warranty information shall be furnished to Owner upon delivery.

7. DELAYS AND FORCE MAJEURE

Contractor shall not be liable for delays due to acts of God, labor disputes, shortages, severe weather, governmental actions or other events beyond Contractor's reasonable control. Contractor shall provide notice of force majeure events and propose a revised completion schedule. Extension notice acceptable for days.

8. CONFIDENTIALITY

The parties acknowledge that certain pricing, product selections, and other information may be proprietary. Each party agrees not to disclose confidential information of the other party to third parties for a period of years, except as required by law or to obtain permits, financing, or legal advice.

9. INDEMNIFICATION

Contractor agrees to indemnify and hold Owner harmless from claims arising out of Contractor's negligence or willful misconduct in the performance of the work. Owner shall indemnify Contractor for claims arising from Owner-supplied conditions or negligent acts of Owner.

10. GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of . Any dispute arising under this Agreement shall be submitted to mediation prior to initiating litigation; if mediation fails, the parties may pursue remedies in a court of competent jurisdiction located in that State.

11. ENTIRE AGREEMENT

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

12. MISCELLANEOUS

If any provision of this Agreement is held invalid, the remainder shall remain in full force and effect. Titles and captions are for convenience only and do not affect interpretation.

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