Project Progress Reports

PROJECT PROGRESS REPORT AND AGREEMENT

Client Name:    Contractor Name:

WHEREAS

WHEREAS, Client has engaged Contractor to perform certain services described in the governing contract for the project identified in this report; and

WHEREAS, the parties require periodic written progress reports to document performance, expenditures, schedule status, and any changes to scope; and

WHEREAS, this Project Progress Report and Agreement memorializes the reported status and establishes certain administrative terms governing payment, confidentiality, termination, and dispute resolution between the parties.

PROJECT IDENTIFICATION

SCOPE OF WORK (AS REPORTED)

The Contractor certifies that the following scope items were addressed during the reporting period. This description supplements, but does not amend, the terms of the underlying contract except where change order documentation is attached and executed by the parties.

PROGRESS SUMMARY

ISSUES, RISKS, AND CHANGE REQUESTS

BUDGET STATUS

Total Contract Amount: $    Amount Invoiced To Date: $    Amount Paid To Date: $

Current Period Invoice Amount: $    Percent Complete (estimate):

PAYMENT TERMS

Contractor acknowledges that payment shall be made in accordance with the following terms unless superseded by an executed change order: Total contract compensation as reported above; invoices shall be submitted as indicated in the underlying contract. The Client shall pay undisputed invoices within days of receipt. Late payments shall accrue interest at per month (or the maximum permitted by law) and may be subject to suspension of work after 10 days' written notice.

TERM AND TERMINATION

This Report shall be effective as of Contract Start Date: and shall continue through Contract End Date: unless earlier terminated in accordance with the governing contract.

Either party may terminate for convenience upon days' prior written notice to the other. Termination for material breach shall follow the cure and notice provisions set forth in the underlying contract.

CONFIDENTIALITY

Each party acknowledges that this Report may contain Confidential Information. "Confidential Information" means non-public business, technical, financial and other proprietary information disclosed in connection with the project. The receiving party shall: (a) hold Confidential Information in strict confidence; (b) use it solely to perform obligations under the contract; and (c) not disclose it to third parties except to employees, consultants or subcontractors who have a need to know and who are bound by confidentiality obligations no less protective than those herein. Confidential obligations do not apply to information that is: (i) already known to the receiving party without obligation of confidentiality; (ii) becomes publicly available other than by breach; (iii) rightfully received from a third party without restriction; or (iv) independently developed. The obligations of confidentiality shall survive termination of the contract for a period of years.

GOVERNING LAW; DISPUTE RESOLUTION

This Report and any dispute arising out of or related to it shall be governed by the laws of the State of without regard to conflicts of law principles. The parties shall attempt to resolve disputes promptly and in good faith; if unresolved, the dispute resolution procedures set forth in the underlying contract shall control.

ENTIRE AGREEMENT

This Project Progress Report and Agreement, together with the governing contract and any duly executed change orders or amendments specifically referenced herein, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior written or oral communications relating thereto. No modification of this Report shall be binding unless made in writing and executed by authorized representatives of both parties.

DELIVERABLES, ATTACHMENTS & CERTIFICATION

As-built plans or drawings   Invoices or payment documentation   Photographic evidence

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