Can this agreement be signed electronically?

Yes. Electronic signatures are generally enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA laws in most jurisdictions. Confirm any narrow statutory exceptions such as wills or certain court filings before e-signing.

Do I need a notary or witnesses?

Notarization and witness requirements depend on the document type and state. Deeds typically require notary acknowledgment; some states require witnesses for certain instruments. Check local recorder or notary rules for the project state.

Who must sign on behalf of a company?

An authorized officer or agent with corporate signing authority should sign. Include printed name and title, and provide evidence of authority if requested by the other party or lender.

How do I change terms after execution?

Use a written amendment signed by all parties or a formal change order when related to the scope. Oral modifications are risky; document changes clearly to preserve payment and schedule rights.

Can I cancel or revoke the agreement?

Cancellation rights depend on contract termination clauses and applicable law. Termination for convenience, default remedies, and notice periods should be followed; unilateral revocation without contractual basis risks breach claims.

How should I store the signed agreement?

Retain an unaltered signed copy with audit trail metadata. Use secure encrypted storage and maintain retention according to tax, real estate and industry rules to preserve evidentiary value.

Electronic Signature
Templates
Real estate
Real Estate Build Agreement

Real Estate Build Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

REAL ESTATE BUILD AGREEMENT

Parties

This Real Estate Build Agreement (the Agreement) is made as of by and between:

Owner Name Owner Contact Address

Owner Phone

Owner Email

Builder / Contractor Name Builder Contact Address

Builder Phone

Builder Email

Property Identification

Property Address:

Parcel / APN Number Legal Description

Scope of Work and Plans

Builder shall furnish all labor, materials, equipment and services necessary to perform the work described in the Contract Documents, consisting of plans, specifications and addenda prepared by and as further detailed below.

Detailed Scope / Specifications

Contract Price and Payments

Contract Price (Total Sum): $. Payments shall be made as follows unless otherwise modified by written Change Order.

Initial Deposit / Down Payment Progress Payment Schedule (describe milestones, percentages or amounts)

Retainage: . Final payment due within days after final completion and acceptance.

Interest on Late Payments

Schedule and Completion

Construction Start Date: . Substantial Completion Date: .

Liquidated Damages for Delay Incentives for Early Completion (if any)

Permits, Inspections and Compliance

Builder shall obtain and pay for all building permits, inspections and approvals required by applicable law unless otherwise specified. Builder warrants the work will comply with all applicable codes and regulations.

Permits / Responsible Party

Change Orders

Any change in the Scope of Work, Contract Price or Schedule must be authorized by a written Change Order signed by Owner and Builder. Change Orders shall include description, price adjustment and schedule impact.

Change Order Approval Timeframe

Warranties and Corrections

Builder warrants that materials and workmanship provided under this Agreement shall be free from defects for a period of years from the date of final acceptance. Builder shall promptly correct defects within a reasonable time after notice.

Warranty Details / Exceptions

Insurance, Bonds and Liens

Builder shall maintain commercial general liability insurance and worker's compensation as required by law. Owner may require proof of insurance and, if specified, performance and payment bonds.

Insurance Requirements / Limits

Performance / Payment Bond Required Yes No

Mechanic's Lien Waiver Provisions

Disclosures

The parties acknowledge the following conditions as they are known at the time of execution:

Lead-Based Paint Disclosure Yes No

Known Mold or Water Damage Yes No

Prior Structural Damage or Material Repairs Yes No

Default, Remedies and Termination

Upon material breach by a party, the non-breaching party shall provide written notice specifying the breach and a period of days to cure. If not cured in the allotted time the non-breaching party may pursue remedies at law or equity, including termination, damages and specific performance.

Termination for Convenience

Indemnification

Each party shall indemnify, defend and hold harmless the other from claims, liabilities, losses and expenses arising out of negligence or willful misconduct of the indemnifying party, its agents or employees, except to the extent caused by the negligence or willful misconduct of the indemnitee.

Dispute Resolution

The parties agree to attempt to resolve disputes by good faith negotiation. If unresolved within days, disputes shall be submitted to:

Mediation Arbitration Litigation

Arbitration Rules / Forum (if applicable)

Governing Law; Entire Agreement

This Agreement shall be governed by the laws of the state in which the Property is located. This Agreement, including the Contract Documents and duly executed Change Orders, constitutes the entire agreement between Owner and Builder and supersedes prior negotiations, representations and agreements, whether written or oral.

Governing Law State

Certifications

Each party represents and warrants that it has full power and authority to enter into this Agreement, that the signer is authorized to bind the party, and that entering into this Agreement will not violate any other agreement or law.

Additional Terms or Special Provisions

Owner:

By:

Date:

Builder / Contractor:

By:

Date:

What a Real Estate Build Agreement Covers

A Real Estate Build Agreement is a written contract that sets the terms for constructing, renovating, or completing improvements to real property. It defines scope of work, project schedule, payment terms, change order procedures, warranties, insurance and responsibilities for permits, inspections and compliance. Parties typically include the property owner, general contractor and any guarantors; subcontractors and design professionals are often referenced by exhibit or attachment. The agreement establishes milestones, lien rights, dispute resolution and the governing law that will interpret contractual obligations.

Why a Clear Build Agreement Matters

A well-drafted Real Estate Build Agreement reduces disputes, allocates risk, and documents payment and performance expectations. It creates enforceable milestones, preserves lien rights, and clarifies insurance and warranty coverage so parties can manage budget and schedule with predictable remedies under contract law and applicable statutes.

Who Typically Prepares and Signs This Agreement

Common parties and stakeholders involved before work begins.

Property owners and developers who control the site and approve budgets and timelines.
General contractors responsible for delivery, hiring subcontractors, and holding insurance.
Lenders, project managers, and title companies needing contractual assurances and payment priority.

Each party should verify authority to bind their organization and include signatory names and titles to avoid later enforcement issues.

Core Sections to Include in a Professional Agreement

A robust Real Estate Build Agreement groups contract terms into standard sections so responsibilities, pricing, timing and remedies are easy to find and enforce during construction and afterwards.

Scope of Work

Describe each construction deliverable, referenced drawings and specifications, plus excluded items and any allowance amounts to prevent scope disputes.

Payment Terms

Specify contract price, progress payment schedule, retainage percentage, invoice requirements and conditions for final payment and lien release.

Schedule

Include start and completion dates, milestone deadlines, liquidated damages for delay and procedures for schedule adjustments due to change orders.

Change Orders

Define how scope changes are requested, priced, approved and documented, including time impacts and owner authorization thresholds.

Insurance & Bonds

List required insurance coverages, certificate holders, performance and payment bond amounts and indemnity allocation between parties.

Dispute Resolution

Set preferred dispute path such as negotiation, mediation, arbitration or court, plus choice of governing state law and venue.

Essential Data Elements to Collect

Party Names: Full legal entity names

Contact Details: Street address, phone, email

Project Address: Physical site address

Contract Price: Total and unit pricing

Start/End Dates: MM/DD/YYYY format

Signatures: Printed name and title

Step-by-Step: Completing a Real Estate Build Agreement

Follow these steps to complete and validate the agreement from draft to signed record.

01

Draft Terms: Assemble scope, schedule and budgets before circulating.
02

Attach Exhibits: Add plans, specifications and insurance certificates.
03

Review Legal: Have counsel review indemnities, lien waivers and governing law.
04

Execute: Collect authorized signatures and retain executed originals.

How to Set Up an Online Approval and Signing Workflow

A clear digital workflow speeds execution and preserves an audit trail; configure fields and authentication before sending to signers.

Field	Configuration
Signing Order	Define sequential or parallel signer order
Authentication	Choose email, SMS code or ID check
Required Fields	Mark signature, date and initial fields mandatory
Notifications	Enable reminders and completion receipts

Where to Send and File the Executed Agreement

Decide primary recipients and official filing destinations depending on project structure and lender requirements.

Owner/Lender: Send executed copy to owner and funding lender
Contractor File: Store signed agreement with project records
Title/Escrow: Provide to title company when required for financing
County Recorder: Record notices or mechanics lien where applicable

Digital Signing and Delivery Considerations

Choose a platform that supports audit trails, secure storage, and appropriate signer authentication.

File Formats: PDF and DOCX supported
Integrations: CRM and cloud storage connectors
Security: TLS and AES-256 encryption

Ensure the chosen system meets any industry compliance (for example HIPAA if health data is involved) and retains signed records per legal retention periods.

Typical Timeframes and Deadlines to Track

Real Estate Build Agreements contain time-sensitive obligations; tracking prevents defaults and payment disputes.

Notice Periods:

Time to submit claims or change orders

Progress Payments:

Due dates tied to invoice or milestone

Substantial Completion:

Date when project is usable

Final Completion:

Date for punch-list and retainage release

Warranty Start:

Begins at substantial or final completion

Common Preparation Errors to Avoid

Leaving scope vague or relying on verbal descriptions leads to disputes over deliverables and extra costs.
Missing or unsigned exhibits such as plans, specs or permits creates ambiguity about the work to be performed.
Using ambiguous payment triggers or unclear retainage terms increases the risk of lien claims and payment litigation.
Failing to verify signatory authority or corporate sign-off can render the agreement unenforceable against an organization.

Consequences of an Incomplete or Incorrect Agreement

Payment Disputes: Delayed or withheld payments

Mechanic's Liens: Priority encumbrances on title

Schedule Delays: Extended completion and added costs

Insurance Gaps: Uncovered liability claims

Breach Remedies: Damages or injunctive relief

Enforcement Risk: Voided clauses if improperly executed

eSignature Vendors: Pricing and Key Capabilities

Comparison of starting price and a few core capabilities for common eSignature vendors; signNow is listed first per platform pricing tiers.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes (Premium tier)	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes (BAA required)	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Envelope Cap	No cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Frequently Asked Questions About the Build Agreement

Answers to common legal and execution questions encountered when preparing and signing a Real Estate Build Agreement.

Need help? Contact support

Can this agreement be signed electronically?
Yes. Electronic signatures are generally enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA laws in most jurisdictions. Confirm any narrow statutory exceptions such as wills or certain court filings before e-signing.
Do I need a notary or witnesses?
Notarization and witness requirements depend on the document type and state. Deeds typically require notary acknowledgment; some states require witnesses for certain instruments. Check local recorder or notary rules for the project state.
Who must sign on behalf of a company?
An authorized officer or agent with corporate signing authority should sign. Include printed name and title, and provide evidence of authority if requested by the other party or lender.
How do I change terms after execution?
Use a written amendment signed by all parties or a formal change order when related to the scope. Oral modifications are risky; document changes clearly to preserve payment and schedule rights.
Can I cancel or revoke the agreement?
Cancellation rights depend on contract termination clauses and applicable law. Termination for convenience, default remedies, and notice periods should be followed; unilateral revocation without contractual basis risks breach claims.
How should I store the signed agreement?
Retain an unaltered signed copy with audit trail metadata. Use secure encrypted storage and maintain retention according to tax, real estate and industry rules to preserve evidentiary value.

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