Outdoor Patio Enclosure

OUTDOOR PATIO ENCLOSURE AGREEMENT

This Outdoor Patio Enclosure Agreement (the "Agreement") is made and entered into by and between:

Client Name:

Contractor Name:

WHEREAS

WHEREAS, Client desires the design, construction and installation of an outdoor patio enclosure at the premises located at Project Address: (the "Project");

WHEREAS, Contractor represents that Contractor has the skill, experience, personnel and licenses necessary to perform the work described in this Agreement and agrees to perform such work in accordance with the terms set forth herein;

WHEREAS, the parties desire to establish their rights and obligations with respect to the Project and to reduce their agreement to writing.

SCOPE OF WORK

The Scope of Work includes, without limitation, design, procurement of specified materials, site preparation, foundation or anchoring as required, assembly and installation of framing, glazing or screening, sealing, weatherproofing, finishing, removal of construction debris, and a final inspection and punchlist completion. Any work not expressly described in the Scope of Work is excluded unless agreed by the parties in a written Change Order signed by both parties.

MATERIALS & SPECIFICATIONS

Contractor shall supply materials meeting the following selections and specifications. Client may select one or more options below; any material substitutions require prior written consent.

PROJECT SCHEDULE

Estimated Commencement Date:    Estimated Substantial Completion Date:

Contractor will commence work within a reasonable time after issuance of all required permits and receipt of any initial deposit required under this Agreement. Time is of the essence with respect to the schedule to the extent expressly set forth in a written schedule attached as an exhibit or approved by the parties in writing.

PAYMENT TERMS

Deposit (due upon signing):

Progress Payment 1 (milestone description): Amount:

Final Payment (upon substantial completion):

Late Payment Fee: If any payment is not received within days after the due date, interest shall accrue at , or the maximum rate permitted by law, whichever is less. Client shall also be responsible for reasonable collection costs and attorney fees incurred by Contractor in enforcing payment.

Payments shall be made by check, wire transfer, or other method agreed in writing. Contractor shall provide invoices for progress payments describing completed work and materials procured.

CHANGES / CHANGE ORDERS

Any changes to the Scope of Work, materials, or schedule shall be made only by a written Change Order signed by both parties. Change Orders shall identify the change, any adjustment to the Contract Price, and any extension of the schedule. Contractor may require payment for any additional materials or labor prior to implementing a Change Order.

PERMITS, APPROVALS, AND SITE CONDITIONS

The party responsible for obtaining permits: . Contractor shall notify Client of any conditions discovered at the site that materially increase the scope or cost of the Work. Unforeseen site conditions shall be addressed by Change Order.

TERM AND TERMINATION

Term Commencement Date:    Anticipated Termination / Completion Date:

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

CONFIDENTIALITY

Each party shall keep confidential all non-public business and technical information provided by the other party in connection with this Agreement and shall not disclose such information to third parties except as necessary to perform under this Agreement, to comply with law, or with the other party's prior written consent. Confidential information does not include information that is or becomes generally available to the public through no fault of the receiving party.

INSURANCE, WARRANTY & INDEMNITY

Contractor shall maintain at its expense commercial general liability and workers' compensation insurance in amounts customary for the construction industry. Contractor warrants that materials and workmanship provided under this Agreement shall be free from defects for a period of months from substantial completion, subject to normal wear and exclusions for damage from misuse, alterations, or acts of God. Each party shall indemnify and hold harmless the other from claims arising out of its negligent acts or omissions in performance of this Agreement.

INSPECTION & ACCEPTANCE

Upon substantial completion, Contractor will notify Client and schedule a joint inspection. Client shall provide a written punchlist of items to be completed or corrected within seven (7) days of inspection. Contractor shall complete punchlist items within a commercially reasonable time.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its conflict of laws principles.

ENTIRE AGREEMENT

This Agreement, including any written Change Orders executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, whether written or oral. No amendment to this Agreement is effective unless in writing and signed by both parties.

NOTICES

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