Outdoor Living Pergola Decking

Outdoor Living Pergola Decking Agreement

This Outdoor Living Pergola Decking Agreement ("Agreement") is entered into as of Effective Date: by and between Client Name: and Contractor Name: .

Parties and Contact Information

Recitals

WHEREAS, Client desires the design, supply and installation of a pergola and associated decking and outdoor living components at the Project Address: ;

WHEREAS, Contractor represents that Contractor possesses the necessary skills, personnel, insurance and licensure to perform the work described in this Agreement; and

WHEREAS, the parties desire to set forth their respective duties, payment terms and other agreements in writing.

Scope of Work

Contractor shall furnish all labor, materials, equipment, supervision and transportation necessary to complete the pergola, decking and related outdoor living works as described below. The Work includes removal of existing decking (if applicable), site preparation, footings/foundations, framing, decking installation, pergola erection, sealing/finishing, and final cleanup.

Payment Terms

Contract Price (total): $

Deposit due upon execution (non-refundable unless Contractor fails to commence): $ . Remaining balance payable as follows:

Retention (if any):

Final payment due upon completion and written acceptance by Client, within days of final inspection.

Late payment shall incur interest at the rate of on overdue amounts, together with Contractor's costs of collection, including reasonable attorney's fees.

Change Orders

Any change to the Scope of Work, materials, or schedule shall be made only by a written Change Order signed by both parties stating the scope of the change, any increase or decrease in the Contract Price, and any adjustment to the schedule. Contractor is not required to perform changed work without an executed Change Order.

Term and Termination

Commencement of Work on or about: . Estimated completion by: .

Either party may terminate this Agreement for material breach if the breaching party fails to cure within days after written notice. If terminated, Client shall pay Contractor for all Work performed and materials purchased to the date of termination, subject to offsets for Contractor defaults.

Permits, Inspections and Insurance

Contractor shall obtain and pay for all required permits, inspections and fees unless otherwise agreed in writing. Permit costs estimated at $ .

Contractor represents that Contractor maintains commercial general liability and workers' compensation insurance as required by law and will provide proof of insurance upon Client request prior to commencement.

Warranties

Contractor warrants that materials and workmanship furnished under this Agreement shall be free from defects for a period of months from the date of final acceptance, subject to ordinary wear and tear, misuse, and exposure to elements. Manufacturer warranties for materials shall be assigned to Client where transferable.

Confidentiality

Each party shall keep confidential all non-public technical, financial and business information obtained from the other party in connection with the Project and shall not disclose such information to third parties except as required by law or as necessary to perform the Work. This obligation survives termination of this Agreement for a period of two (2) years.

Indemnification and Limitation of Liability

Contractor shall indemnify and hold Client harmless from and against claims, liabilities and costs arising from Contractor's negligent acts, omissions or willful misconduct in performing the Work. Except for indemnity obligations and willful misconduct, each party's aggregate liability for damages arising out of this Agreement shall be limited to direct damages not to exceed the Contract Price; neither party shall be liable for incidental, consequential or punitive damages.

Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the state identified as Governing State: . Disputes arising out of this Agreement shall be resolved by negotiation between senior representatives of the parties; if unresolved within 30 days, the parties may pursue litigation in a court of competent jurisdiction in the county where the Project is located.

Entire Agreement; Severability

This Agreement, including any executed Change Orders and attachments, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, representations and understandings. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Additional Provisions

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