Miscellaneous Concrete Fixes Template

MISCELLANEOUS CONCRETE FIXES AGREEMENT

This Agreement is made effective as of Agreement Date: by and between Client Name: ("Client") and Contractor Name: ("Contractor").

WHEREAS

WHEREAS, Client desires to engage Contractor to perform certain concrete repair, patching, finishing and related incidental work at the Project Address provided below; and

WHEREAS, Contractor represents that Contractor has the skill, experience, equipment and licenses necessary to perform the described work in a professional manner and in accordance with industry standards; and

WHEREAS, the parties desire to set forth the terms, scope, compensation and other obligations applicable to the concrete fixes to be performed.

PROJECT AND PARTIES

Project Start Date:     Estimated Completion Date:

SCOPE OF WORK

Contractor shall furnish all labor, materials, equipment, tools and supervision necessary to perform the concrete repairs described below in a workmanlike manner consistent with prevailing trade practice. The Scope of Work includes but is not limited to removal and replacement of damaged concrete, patching, leveling, surface finishing, sealing, rebar repair or replacement where specified, clean-up and disposal of construction debris.

ITEMIZED WORK AND ESTIMATE

Item 1 Description:   Qty:   Unit Price: $   Line Total: $

Item 2 Description:   Qty:   Unit Price: $   Line Total: $

Item 3 Description:   Qty:   Unit Price: $   Line Total: $

PAYMENT TERMS

Client shall pay Contractor the Total Contract Amount in accordance with the schedule set forth below. All payments are due in U.S. dollars.

Late payments shall incur a late fee of % per month on unpaid balances or the maximum allowed by law, whichever is less, calculated from the date payment was due until paid in full. Client is responsible for any collection costs, including reasonable attorneys' fees.

TERM AND TERMINATION

This Agreement commences on the Project Start Date and continues until completion of the Work and final payment, unless earlier terminated as provided below.

Either party may terminate this Agreement for cause if the other party materially breaches any obligation and fails to cure such breach within days after written notice. Termination for convenience by Client requires days prior written notice and payment to Contractor for all Work performed, materials ordered and reasonable demobilization costs.

CHANGE ORDERS

All changes to the Scope of Work shall be handled by written Change Order signed by both parties. Change Orders shall specify adjustments to price and schedule. Contractor's time-and-materials rate for authorized additional work is $ per hour unless otherwise agreed in writing.

PERMITS, INSURANCE AND COMPLIANCE

Contractor shall comply with all applicable laws, codes and regulations. Responsibility for obtaining permits shall be: Contractor Client

Contractor shall maintain insurance customary for the trade, including commercial general liability and worker's compensation where required by law, and shall provide certificates of insurance upon Client's reasonable request.

WARRANTY

Contractor warrants that workmanship performed under this Agreement shall be free from defects for a period of months from the date of substantial completion. This warranty does not cover damage from subsequent settlement, misuse, chemical attack, acts of God, or repairs by others. Remedies under this warranty are limited to repair or replacement at Contractor's option.

CONFIDENTIALITY

Each party agrees that proprietary information disclosed in connection with the Work, including trade methods, prices, estimates and designs, shall be held in confidence for a period of years, except information that (i) is or becomes public through no fault of the receiving party, (ii) is rightfully received from a third party without obligation of confidentiality, or (iii) is independently developed by the receiving party. Upon termination or request, confidential materials shall be returned or destroyed.

INDEMNIFICATION; LIMITATION OF LIABILITY

Contractor shall indemnify, defend and hold Client harmless from and against claims, liabilities, losses and expenses arising from Contractor's negligent performance or willful misconduct, subject to applicable law. Except for claims arising from gross negligence or willful misconduct, neither party shall be liable to the other for consequential, incidental or punitive damages.

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to conflict of laws principles. The parties shall first attempt to resolve disputes through good faith negotiation; if unresolved within 30 days, disputes may be submitted to mediation and, if still unresolved, to binding arbitration or litigation as agreed in writing by the parties.

ENTIRE AGREEMENT

This Agreement, together with any written Change Orders and attachments expressly incorporated herein, constitutes the entire agreement between the parties concerning the subject matter and supersedes all prior negotiations, proposals or agreements, whether written or oral. No amendment shall be binding unless executed in writing by both parties.

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