Mutual release and termination agreement america online form
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ROOFING CONTRACT
THIS ROOFING CONTRACT (“Contract”), effective as of the date of the last party to
sign below, is between , having an address at ("Contractor")
For valuable consideration the parties hereby agree as follows:
1. SCOPE OF WORK:
New Roof Package: Re-Roof Package:
Shingles Material: Brand/Color:
Year of Warranty: Spacing: Nails:
Felt: Size/Weight: Nails:
Roof Edging: Step Shingle Flashing:
Chimney Flashing: Chimney Counter Flashing:
Valley Flashing: Roof Fans/Vents:
Ice and Weather Shield: Rubberized Roofing;
Soil Pipe Flash Kit: Steel Valley:
2. WORK SITE: The Project shall be constructed on the property of Owner located at
3. TIME OF COMPLETION: Contractor shall commence the work to be performed
under this Contract on or before and shall substantially
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 c opies
of any covenants, conditions, or restrictions that 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 e stimated
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 Contrac t. 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 accomplishe d 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 exc used
from further performance under this Contract and Owner shall pay Contractor a
percentage of the Contract price in proportion to the amount of work 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 sha ll
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 t he
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 New Hampshire.
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 preva iling 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 shal l 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 clea n
condition.
15. WARRANTY: Shingles guaranteed under manufacturer’s warranty for a period of
year(s). Contractor's warranty shall be limited to defects in workmanship within the sc ope
of work performed by Contractor and which arise and become known within
year(s) from the date hereof. Contractor agrees to repair any roofing leaks under normally
anticipated weather conditions. Ice damming is not a normally anticipated condi tion.
Damage done to the roof system through no fault of the Contractor are not warranted by
Contractor. All said defects arising after year(s) and defects in material are
not warranted by Contractor. 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 Holder
OWNER:
Signature
Print Name
Date
NOTICES TO BUYER
NEW HAMPSHIRE LAW, RSA 359-G, CONTAINS IMPORTANT REQUIREMENTS YOU
MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT OR OTHER ACTION FOR
DEFECTIVE CONSTRUCTION AGAINST THE CONTRACTOR WHO CONSTRUCTED,
REMODELED, OR REPAIRED YOUR HOME. SIXTY DAYS BEFORE YOU FILE YOUR
LAWSUIT OR OTHER ACTION, YOU MUST SERVE ON THE CONTRACTOR A
WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE
DEFECTIVE. UNDER THE LAW, A CONTRACTOR HAS THE OPPORTUNITY TO MAKE
AN OFFER TO REPAIR AND/OR PAY FOR THE DEFECTS. THERE ARE STRICT
DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW
THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT OR OTHER ACTION.
*Notice applicable only to home solicitation sales:
ANY BUYER MAY CANCEL THIS TRANSACTION ANY TIME PRIOR TO
MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS
TRANSACTION
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