RENOVATION CONTRACT
THIS RENOVATION CONTRACT (“Contract”), effective as of the date of the last
party to sign below, is between , having an address at
("Contractor") and , having an address at
("Owner").
For valuable consideration the parties hereby agree as follows:
1. SCOPE OF WORK: Contractor shall provide all labor and materials, and perform
all work necessary for the completion of the residence, structure, or improvements as
described in the drawings and specifications signed by both Owner and Contractor
(“Project”) and more particularly described as
Such drawings and specifications are hereby made a part of this Contract. Drawings
and specifications shall contain a scale drawing showing the shape, size, and
dimensions of the construction and equipment together with a description of the work
to be done, materials to be used, and the equipment to be used or installed.
The work to be performed includes the following:
The work to be performed does not include the following:
Preparatory work:
Items to be salvaged:
Waste disposal/hauling/hazardous waste handling:
Structural details:
Finishing details:
MATERIALS
ITEM BRAND NAME MODEL/STYLE COLOR SIZE QUANTITY
2. WORK SITE: The Project shall be constructed on the property of Owner located at
and more particularly described as
(hereafter "the Work Site"). Owner hereby authorizes Contractor to commence and
complete the usual and customary excavation and grading on the Work Site as may be
required in the judgment of the Contractor to complete the Project. Unless called for in
the drawings or specifications, no landscaping, finish grading, filling or excavation is to
be performed at the Work Site by the Contractor.
3. TIME OF COMPLETION: Contractor shall commence the work to be performed
under this Contract on or before and shall substantially complete the work
on or before . Contractor shall not be liable for any delay due to circumstances
beyond its control including strikes, casualty, acts of God, illness, injury, or general
unavailability of materials.
4. PERMITS: Contractor shall apply for and obtain such permits and regulatory
approvals as may be required by the local municipal/county government, t he cost thereof
shall be included as part of the Project price.
5. SOIL CONDITIONS: Contractor shall have no responsibility for the condition of the
soils at the Work Site. Any excavation, filling or other work required by t he Owner
other than the usual and customary excavation and grading shall be agreed to in a Change
Order for an amount in addition to the Contract Price. Contractor shall not be
responsible for any damages suffered by Owner as a result of the soil conditions at the
Work Site.
6. INSURANCE: Contractor shall maintain general liability, workers compensation and
builder's risk insurance.
7. 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 an y doubt
about the location of the property lines, Owner shall provide Contractor with boundar y
stakes through a licensed surveyor. In addition, Owner shall provide Contractor
documentation that Owner has title to the Work Site and shall provide Contr actor copies
of any covenants, conditions, or restrictions that affect the Work Site.
8. 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 shal l only be
made by written "Change Order" signed by both parties. Such Change Orders s hall
become part of this Contract. Owner agrees to pay any increase in t he 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 estim ate the cost
thereof and Owner shall pay the actual cost whether or not it is in excess of the estimated
cost.
9. 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 a ll work
performed or materials provided at the time the next periodic payment shall be due.
10. LATE PAYMENT/DEFAULT: A failure to make payment for a period in excess of
thirty (30) days from the due date shall be deemed a material breach of this Contract. 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 12% of all payments that
are more than thirty (30) days late plus interest at the rate of 12% per month.
11. DESTRUCTION AND DAMAGE : If the Project is destroyed or damaged for any
reason, except where such destruction or damage was caused by the sole ne gligence of
the Contractor or its subcontractors, Owner shall pay Contractor for any additiona l 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 a ccomplished 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 excused
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 pri or
to the destruction or damage.
12. ASSIGNMENT : Neither party may assign this Contract, or payments due under the
Contract, without the other party’s written consent. Any such assignment s hall be void
and of no effect.
13. INTERPRETATION: (a) Interpretation of Documents. The Contract, drawings, and specifications are
intended to supplement one another. In the event of a conflict, the specif ications shall
control the drawings, and the Contract shall control both. If work is displaye d on the
drawings but not called for in the specifications, or if the work is cal led for in the
specifications but not displayed on the drawings, Contractor shall be requir ed 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 Kentucky.
14. 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 Contrac t, the prevailing party
in such proceeding shall be entitled to recover reasonable attorney fees and court costs.
15. PERFORMANCE: (a) Contractor may, at its discretion, engage licensed subcontractors t o perform work
pursuant this Contract provided Contractor shall remain fully responsible for the proper
co mpletion of the Project.
(b) All work shall be completed in a workman-like manner and in complia nce with
all building codes and applicable laws. To the extent required by law, a ll work shall 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 cle an
condition.
16. WARRANTY: Contractor's warranty shall be limited to defects in workmanship
within the scope of work performed by Contractor and which arise and become known
within one (1) year from the date hereof. All said defects arising a fter one (1) year and
defects in material are not warranted by Contractor. Contractor hereby assig ns to
Owner all warranties on materials as provided by the manufacturer of such material s.
SECTIONS 411.250 TO 411.260 OF THE KENTUCKY REVISED STATUTES
CONTAIN IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU
MAY FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST THE
BUILDER OF YOUR HOME. YOU MUST DELIVER TO THE BUILDER A
WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE
DEFECTIVE AND PROVIDE YOUR BUILDER THE OPPORTUNITY TO MAKE AN
OFFER TO REPAIR OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED
TO ACCEPT ANY OFFER MADE BY THE BUILDER. THERE ARE STRICT
DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO
FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT
AGREED:
CONTRACTOR:
Signature ______________________________
Print Name & Title
OWNER:
Signature ______________________________
Print Name
__________________
Date
_______________________
License Number _______________________________
Name and Address of License Holder
______________________________
Date
*Optional addendum required only for home solicitation sales: BUYER'S RIGHT TO CANCEL
If this agreement was solicited to your residence and you do not want the goods or services, you
may cancel this agreement by mailing a notice to the seller. The notice must s ay that you do not
want the goods or services and must be mailed before midnight of the third business day after
you sign this agreement. The notice must be mailed to:
____________________________
____________________________
____________________________
* Note: If this is a retail installment contract, the title "Retail Installment Contract" must be
added, along with the following notice, terms, and acknowledgment of receipt:
NOTICE TO THE BUYER. DO NOT SIGN THIS CONTRACT BEFORE YOU READ IT
OR IF IT CONTAINS BLANK SPACES. YOU ARE ENTITLED TO A COPY OF THE
CONTRACT YOU SIGN.
RETAIL INSTALLMENT AGREEMENT
(No Consumer Credit Protection Act Disclosures)
Purchase Price. The total purchase price shall be $____________________________.
Interest. Interest shall be __________% simple interest per annum.
Payment Terms. Principal and interest shall be payable to Seller at
____________________________ (address), or at such other place as the holder hereof may
designate in writing, in __________ consecutive monthly installments of $ ______________.
The first of said installments shall be due and payable on the day of ______________, 20____,
and each subsequent monthly installment shall be due and payable on the first day of eac h
succeeding month thereafter until the entire indebtedness is fully paid. The maximum number of
payments is __________.
Downpayment. The amount of to be paid upfront as downpayment is
$_____________________, to be paid on ______________________________.
Late Fees. Purchaser shall pay Seller, or his/her assignee a late charge of ______% of any
monthly installment not received by the Seller or assignee within ______________ days after t he
installment is due.
Purchase Money Security Interest . Seller hereby reserves and Purchaser hereby grants to
Seller a purchase money security interest in ________________________ (collateral), together
with all additions, parts, replacements, attachments, accessions, and access ories thereto and all
proceeds thereof, to secure payment of the purchase price.
Total Amount of Fees is $________________________.
Principal Balance. The amount of the sales price, total fees, minus any downpayment and the
time price differential, is $________________________.
Amount of Time Price Differential . The difference between a property's immediate purchase
price and the price the same property would cost if purchased on an installment plan is
$________________________.
Time Balance. The principal balance plus time price differential equals the sum of
$______________________.
Buyer's acknowledgement of receipt of copy of retail installment contract:
_______________________________ ___________________________
Buyer's Signature Date
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