Outdoor Living Fireplace and Patio

Outdoor Living Fireplace and Patio Agreement

Agreement Date:

Parties

Recitals

WHEREAS, Client is the owner or authorized occupant of the property located at ; and

WHEREAS, Contractor is engaged in the business of designing, supplying materials for, and constructing outdoor living spaces and represents that it holds the necessary skill, licensing, and insurance to construct an outdoor fireplace and patio in accordance with applicable codes; and

WHEREAS, Client desires to engage Contractor, and Contractor agrees to perform work described in this Agreement under the terms and conditions set forth below.

Scope of Work

Contractor shall perform all labor, supply all materials, obtain required permits (unless otherwise specified below), and complete the following work:

Work includes, at minimum: excavation and grading, sub-base preparation, installation of hardscape materials, construction and finishing of outdoor fireplace (including flue and hearth), gas or wood-burning connections as specified, drainage considerations, cleanup, and final inspection. All materials shall be of merchantable quality and installed in a workmanlike manner consistent with industry standards.

Permits and Approvals

Permit required:    Permit responsibility:

Contractor shall apply for and secure any permits for which Contractor is designated responsible. Client shall furnish access, authorize utility connections, and provide required approvals at the property address identified above.

Schedule

Commencement Date:    Estimated Completion Date:

Contractor will use commercially reasonable efforts to perform the work in accordance with the schedule above. Client acknowledges that weather, permit delays, subcontractor availability, or unforeseen site conditions may extend the schedule. Contractor shall provide written notice of delays affecting substantial completion.

Payment Terms

Late payment charge: . All payments not received within the agreed payment period shall incur interest at the rate specified above or the maximum permitted by law, whichever is lower. Client shall be responsible for costs of collection, including reasonable attorneys' fees.

Retainage (if any):

Change Orders

Any changes, additions, or deletions to the Scope of Work shall be made only by written Change Order signed by both parties and shall set forth any adjustments to the contract price, schedule, and other affected provisions. Contractor shall not be obligated to perform extra work without an executed Change Order.

Warranties and Acceptance

Contractor warrants that materials supplied will be new unless otherwise stated and that work will be free from defects in workmanship for a period of months from date of final acceptance, except for defects caused by misuse, modifications by others, or normal wear and tear.

Final acceptance shall occur when the work is substantially complete, free of major defects, and after Client performs a final walkthrough and delivers any written punch list to Contractor. Contractor shall complete punch list items within a reasonable time.

Insurance, Licenses, and Indemnity

Contractor shall maintain general liability insurance and workers' compensation as required by law and provide proof of coverage upon Client request. Contractor license number:

Each party shall indemnify, defend, and hold harmless the other party from and against third-party claims, liabilities, losses, and expenses arising out of the indemnifying party's negligent performance or breach of this Agreement.

Site Conditions and Client Responsibilities

Client shall notify Contractor of any known site conditions that could affect performance. Client is responsible for ensuring utilities and underground conditions are identified. Contractor is not liable for additional costs caused by concealed or unknown conditions unless Contractor had actual knowledge prior to execution.

Confidentiality

During the term of this Agreement and for a period of two (2) years following termination, each party shall keep confidential and shall not disclose to third parties any pricing, proprietary methods, design drawings, or other nonpublic information provided by the other party, except information that (i) is or becomes publicly available other than by breach of this obligation, (ii) was in the receiving party's possession prior to disclosure, or (iii) is required to be disclosed by law or a governmental authority.

Term and Termination

Term Start Date:    Term End Date:

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure within days after written notice. Upon termination for convenience by Client, Client shall pay Contractor for work performed, materials ordered, and reasonable demobilization costs.

Governing Law and 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. Any dispute arising out of this Agreement shall be resolved by binding arbitration or litigation as agreed in writing by the parties; absent agreement, jurisdiction shall lie in the appropriate state or federal court in the governing state.

Entire Agreement

This Agreement, including any attached exhibits and executed Change Orders, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written. No modification of this Agreement shall be binding except in writing signed by both parties.

Miscellaneous Provisions

Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Notices shall be in writing and delivered to the addresses provided above. Neither party may assign this Agreement without the prior written consent of the other, except that Contractor may subcontract portions of the work.

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