Miscellaneous Deck Add-on

MISCELLANEOUS DECK ADD-ON AGREEMENT

This Deck Add-on Agreement (the Agreement) is made by and between the parties identified below on the Effective Date set forth herein.

Owner Name:     Owner Address:

Contractor Name:     Contractor Address:

WHEREAS

WHEREAS, Owner and Contractor previously entered into a governing construction agreement described as: Original Agreement Date: ; Contract Identifier:

WHEREAS, the parties desire to amend the Scope of Work of the Original Agreement to add construction of a deck on the property located at:

WHEREAS, the parties agree the terms in this Add-on will govern the deck work described below and, except as modified herein, the Original Agreement remains in full force and effect.

SCOPE OF WORK

The Contractor shall furnish all labor, materials, equipment and supervision necessary to construct the deck as described below and in accordance with applicable codes and permitting requirements. Specific features and performance standards are identified and accepted by the parties.

Deck Dimensions: Length   Width   Height above grade

Primary Material:

Additional Features (check all that apply):
Railing    Stairs    Lighting    Stain/Seal

PERMITS AND APPROVALS

Responsibility for permits and inspections (check one):
Contractor will obtain and pay for all required permits and schedule inspections
Owner will obtain any required permits and approvals unless otherwise agreed in writing

PAYMENT TERMS

Total Add-on Price: $

Suggested examples (select applicable):
Deposit due at signing (amount or %):
Progress payments per milestone (describe in schedule)
Final payment due upon completion and Owner acceptance

Late Payment: A late fee of will be assessed on any unpaid balance not paid within days of the due date. Contractor may suspend work for nonpayment after providing days' written notice.

TERM AND TERMINATION

Anticipated Start Date:    Estimated Completion Date:

This Add-on commences on the Anticipated Start Date and will continue until completion and final payment, unless earlier terminated as provided below. Either party may terminate this Add-on for material breach if the breaching party fails to cure within days after written notice. Owner may terminate for convenience upon days' written notice; in such event Contractor will be paid for work performed and reasonable demobilization costs.

CHANGE ORDERS

Any modification to the Scope of Work, schedule or price shall be made only by written Change Order signed by both parties. No verbal agreement shall bind either party. Change Order Procedure:

CONFIDENTIALITY

The parties acknowledge that business information, pricing, proprietary specifications, and certain communications exchanged in connection with this Add-on may be confidential. Each party agrees not to disclose Confidential Information of the other party to third parties except as necessary to perform this Add-on, to comply with law, or with prior written consent. Confidential Information does not include information that is or becomes generally available to the public other than by breach of this provision.

WARRANTIES AND INSURANCE

Contractor warrants that materials and workmanship provided under this Add-on will be free from defects for a period of months from completion, subject to normal wear and Owner maintenance. Contractor shall maintain general liability and workers' compensation insurance in amounts customary for similar work. Proof of insurance will be provided upon request.

LIENS AND PAYMENT CERTIFICATION

Contractor agrees to provide lien waivers for payments received as required by the Original Agreement. Owner's final payment shall be conditioned on receipt of unconditional final waivers and releases of lien from Contractor and subcontractors for work covered by this Add-on.

INDEMNITY

Each party shall indemnify and hold the other harmless from claims, liabilities, losses or expenses arising from that party's negligence or willful misconduct in performing this Add-on, except to the extent caused by the other party's negligence or willful misconduct.

GOVERNING LAW

This Add-on 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 Add-on, together with the Original Agreement and any executed Change Orders, constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes all prior and contemporaneous agreements, representations and understandings, whether written or oral. Any conflicting term in the Original Agreement is hereby modified only to the extent expressly set forth in this Add-on.

MISCELLANEOUS PROVISIONS

If any provision of this Add-on is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Notices under this Add-on shall be in writing and delivered to the addresses set forth above or to such other address as a party designates in writing.

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