Outdoor Tile Installation Agreement

Outdoor Tile Installation Agreement

This Outdoor Tile Installation Agreement ("Agreement") is entered into as of between the parties identified below for the installation of tile at the Project Address.

Parties and Project Details

Recitals

WHEREAS, Contractor is qualified and experienced in the installation of exterior tile, including substrate preparation, waterproofing where required, and grouting; and

WHEREAS, Client desires to engage Contractor to perform tile installation at the Project Address in accordance with the terms and conditions set forth in this Agreement; and

WHEREAS, the parties intend for this Agreement to define the scope, price, schedule and responsibilities for the work to be performed.

Scope of Work

Contractor shall furnish all labor, materials, tools and equipment necessary to complete the outdoor tile installation described below. The work shall include substrate inspection and preparation, installation of underlayment and waterproofing where required by code or good industry practice, tile setting, grouting, cleaning and final inspection.

Payment Terms

Total Contract Price: $ . Client shall pay Contractor in accordance with the schedule and conditions set forth below.

Final payment is due upon substantial completion and final inspection, subject to reasonable punch-list items. If Client fails to pay undisputed amounts when due, Contractor may suspend work after five (5) days' written notice and shall be entitled to recovery of costs, interest and collection expenses.

Late payment shall accrue interest at the rate of on overdue balances, or the maximum rate permitted by law, whichever is less.

Term and Termination

Term: This Agreement commences on and shall remain in effect until completion of the Work unless earlier terminated as provided herein.

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure such breach within days after written notice. Client may terminate for convenience upon days' prior written notice, subject to payment for work performed and reasonable demobilization costs.

Change Orders

Any change in the Scope of Work, materials, or schedule shall be documented in a written change order signed by both parties. Change orders shall specify revisions to the Scope, adjustments to the Contract Price, and changes to the schedule. Contractor shall not be obligated to perform changed work without an approved change order.

Permits, Code Compliance and Unexpected Conditions

Client is responsible for obtaining or paying for any permits required by local authorities unless otherwise agreed in writing. Contractor shall comply with applicable building codes and industry standards. If concealed conditions or site difficulties are discovered, Contractor shall stop affected work and promptly notify Client; additional compensation and schedule adjustments shall be addressed by change order.

Warranties and Remedies

Contractor warrants that the installation of tile will be performed in a workmanlike manner for a period of months from substantial completion. This warranty covers workmanship only and does not cover failure of tile or materials supplied by Client or normal wear, misuse, structural movement, or damage resulting from improper maintenance. Contractor's sole obligation under this warranty is repair or replacement of defective workmanship at Contractor's expense.

Insurance, Liability and Indemnity

Contractor shall maintain general liability and workers' compensation insurance appropriate to the Work. To the fullest extent permitted by law, each party shall indemnify and hold harmless the other party from claims, losses or damages to the extent caused by the indemnifying party's negligent acts or omissions. Neither party shall be liable for consequential, special or punitive damages except in cases of gross negligence or willful misconduct.

Confidentiality

"Confidential Information" means non-public business, technical, or financial information disclosed by one party to the other in connection with this Agreement. The receiving party shall: (a) use Confidential Information solely to perform its obligations under this Agreement; (b) restrict disclosure to employees and subcontractors on a need-to-know basis; and (c) not disclose Confidential Information to third parties without prior written consent. Confidential Information does not include information that is or becomes publicly available without breach, was known to the receiving party prior to disclosure, or is independently developed. The obligations of confidentiality survive termination of this Agreement for a period of two (2) years.

Dispute Resolution and Governing Law

The parties shall attempt in good faith to resolve disputes arising out of or relating to this Agreement through negotiation. If the dispute cannot be resolved within thirty (30) days, either party may pursue any remedy available at law or equity. 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 all exhibits and executed change orders, constitutes the entire agreement between the parties with respect to the Work and supersedes all prior oral or written agreements, representations, and understandings. Any amendment to this Agreement must be in writing and signed by both parties.

Acceptance

Client's payment of the deposit and Contractor's commencement of work shall be deemed acceptance of the terms of this Agreement. Final acceptance shall occur upon final inspection and payment in full, subject to any agreed punch-list items.

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