- 1 - HVAC CONTRACT THIS HVAC CONTRACT (“Contract”), effective as of the date of the last party to sign below,
is between , having an address at
("Contractor") and ,
having an address at
("Owner").
For valuable consideration the parties hereby agree as follows:1. SCOPE OF WORK: Contractor shall provide all labor and materials, and perform all work
necessary for the completion of the residence, structure, or improvements as described in the
drawings and specifications signed by both Owner and Contractor (“Project”) and more
particularly described as Such drawings and specifications are hereby made a part of this Contract. Drawings and
specifications shall contain a scale drawing showing the shape, size, and dimensions of the
construction and equipment together with a description of the work to be done, materials to be
used, and the equipment to be used or installed. Typ e o f H ea t: H ea tin g B ra n d N am e, M od el, S iz e : H ea tin g B ra n d N am e, M od el, S iz e: H ea t P um p/A ir C on dit io n er B ra n d N am e, M od el, S iz e: E va p ora to r C oil , B ra n d N am e, M od el, S iz e : T herm osta t, B ra n d, T yp e: S up ply D uctw ork M ate ria l: T here w ill b e d am pers i n sta lle d i n t h e s u pply d uctw ork t o c o n tr o l a ir f lo w . In su la te d s u pply : R etu rn A ir D uctw ork M ate ria l: In su la te d r etu rn s: Basement-Zone 1First Floor-Zone
2Second Floor-
Zone 3Third Floor-
Zone 3Supplies Hi-Lo Returns Furnace Vents Water Heater
Vents Dryer Vent Clothes Chute Kitchen Vent Bath Fan Vent Safety Drain
Pans L/F Valley
Flashing
- 2 - Chimney
Flashing A/C-Heat
Pump Furnace Thermostat Air Cleaner Brand Name, & Model: Humidifier Brand Name, & Model: A/C Pad: Wiring: Registers Brand Name, Style, & Number: Grilles Brand Name, Style, & Number: Fireplace Firebox Manu./Size: Flue Material/Size: Hearth Material/Size: Glass Doors: Mantel: Baseboard Heat Brand Name, Model & Numbers: Gas Line: 2. WORK SITE: The Project shall be constructed on the property of Owner located at and more
particularly described as (hereafter
"the Work Site"). Owner hereby authorizes Contractor to commence and complete the usual and
customary excavation and grading on the Work Site as may be required in the judgment of the
Contractor to complete the Project. Unless called for in the drawings or specifications, no
landscaping, finish grading, filling or excavation is to be performed at the Work Site by the
Contractor.
3. TIME OF COMPLETION: Contractor shall commence the work to be performed under this
Contract on or before and shall substantially complete the work on or before
.
Contractor shall not be liable for any delay due to circumstances beyond its control including
strikes, casualty, acts of God, illness, injury, or general unavailability of materials.
4. PERMITS: Contractor shall apply for and obtain such permits and regulatory approvals as may
be required by the local municipal/county government, the cost thereof shall be included as part of
the Project price.5. INSURANCE: Contractor shall maintain general liability, workers compensation and builder's
risk insurance.6. SURVEY AND TITLE: If the Project is near the Owner’s property boundary, Owner will point
out property lines to the Contractor. If the Owner or Contractor has any doubt about the location
of the property lines, Owner shall provide Contractor with boundary stakes through a licensed
surveyor. In addition, Owner shall provide Contractor documentation that Owner has title to the
Work Site and shall provide Contractor copies of any covenants, conditions, or restrictions that
- 3 - affect the Work Site.7.CHANGES TO SCOPE OF WORK: Owner may make changes to the scope of the work,
including changes to the drawings and specifications, from time to time during the construction of
the Project. However, any such change or modification shall only be made by written "Change
Order" signed by both parties. Such Change Orders shall become part of this Contract. Owner
agrees to pay any increase in the cost of the Project as a result of a Change Order. In the event the
cost of a Change Order is not known at the time a Change Order is executed, the Contractor shall
estimate the cost thereof and Owner shall pay the actual cost whether or not it is in excess of the
estimated cost.8. CONTRACT PRICE:{COST PLUS}Owner agrees to pay Contractor the actual cost to Contractor of materials plus the sum of$ for performing the services set forth in the scope of the work. Contractor
shall be paid as follows:
.OR{FIXED FEE}Owner agrees to pay Contractor the sum of $ for performing the services set
forth in the scope of the work. Contractor shall be paid as follows:
.Contractor shall furnish Owner appropriate releases or waivers of lien for all work performed or
materials provided at the time the next periodic payment shall be due.9.LATE PAYMENT/DEFAULT: A failure to make payment for a period in excess of ten (10)
days from the due date shall be deemed a material breach of this Contract. If payment is not made
when due, Contractor may suspend work on the job until such time as all payments due have been
made without breach of the Contract pending payment or resolution of any dispute. Owner agrees
to pay a late charge of 1% of all payments that are more than ten (10) days late plus interest at the
rate of 1% per month.10. DESTRUCTION AND DAMAGE : If the Project is destroyed or damaged for any reason,
except where such destruction or damage was caused by the sole negligence of the Contractor or
its subcontractors, Owner shall pay Contractor for any additional work done by Contractor in
rebuilding or restoring the Project to its condition prior to such destruction or damage. If the
estimated cost of replacing work already accomplished by Contractor exceeds 20 percent of the
Contract price, either the Contractor or Owner may terminate this Contract. Upon termination by
either party, Contractor shall be excused from further performance under this Contract and Owner
shall pay Contractor a percentage of the Contract price in proportion to the amount of work
- 4 - accomplished prior to the destruction or damage.11.ASSIGNMENT: Neither party may assign this Contract, or payments due under the Contract,
without the other party’s written consent. Any such assignment shall be void and of no effect.12.INTERPRETATION:(a)Interpretation of Documents. The Contract, drawings, and specifications are intended to
supplement one another. In the event of a conflict, the specifications shall control the drawings,
and the Contract shall control both. If work is displayed on the drawings but not called for in the
specifications, or if the work is called for in the specifications but not displayed on the drawings,
Contractor shall be required to perform the work as though it were called for and displayed in both
documents.(b) Entire Agreement. This Contract constitutes the entire agreement of the parties. No other
agreements, oral or written, pertaining to the work to be performed under this Contract exists
between the parties. This Contract may only be modified only by a written agreement signed by
both parties.(c) Governing Law. This Contract shall be interpreted and governed in accordance with the
laws of the State of South Carolina.13. ATTORNEYS’ FEES AND COSTS: If any party to this Contract brings a cause of action
against the other party arising from or relating to this Contract, the prevailing party in such
proceeding shall be entitled to recover reasonable attorney fees and court costs.14.PERFORMANCE:(a)Contractor may, at its discretion, engage licensed subcontractors to perform work pursuant
this Contract provided Contractor shall remain fully responsible for the proper completion of the
Project. (b) All work shall be completed in a workman-like manner and in compliance with all
building codes and applicable laws. To the extent required by law, all work shall be performed by
individuals duly licensed and authorized by law to perform said work.(c)Contractor agrees to remove all debris and leave the premises in broom clean condition.15.WARRANTY: Contractor warrants the heating and cooling design performance: at degrees
outside temperature, the heating system will maintain degrees Fahrenheit in the center of
each heated room at a height of 5 feet 6 inches above the floor, and degrees outside
temperature the cooling system will maintain degrees Fahrenheit in the center of each
cooled room at a height of 5 feet 6 inches above the floor. Contractor agrees to repair or replace
any defective or improperly operating equipment, fixtures, materials, valves, leaking or clogged
refrigerant lines, leaking gutters and downspouts for a period of year(s); and repair or
replace defective equipment (whose warranty period extends beyond ) during the full term
of the manufacturer's warranty, according the manufacturer’s terms. Contractor agrees to repair or
replace leaking valley or flu flashing, separated or detached duct work, and to eliminate unusual
booming sound, not including typical mildly noisy ductwork, caused by stiffening or flexing of the
ductwork for a period of year(s). Owner agrees to inspect all fixtures and equipment within
- 5 - days after installation. If such inspection finds chipped, cracked or otherwise defective and
malfunctioning fixtures, equipment, ductwork, lines or other installed items, then Contractor shall
repair or replace same. Contractor shall not be responsible after this period. Contractor shall not be
responsible for Owners’/Builders' negligence. Contractor hereby assigns to Owner all warranties
on materials as provided by the manufacturer of such materials.AGREED:CONTRACTOR:Signature Print Name & Title Date License Number Name and Address of License HolderOWNER:Signature Print Name Date
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