Remodeling Repair Agreement

Remodeling Repair Agreement

Parties

This Remodeling Repair Agreement (the Agreement) is entered into by and between Contractor Name: with principal place of business at , Contractor License No.: ; and Client Name: , with address at .

Recitals

WHEREAS, Contractor is engaged in the business of remodeling, repair and related construction services and represents that Contractor is duly licensed, insured and qualified to perform the work described herein; and

WHEREAS, Client desires to engage Contractor to perform remodeling and repair services at the Client premises described above, and Contractor agrees to perform such services under the terms and conditions set forth in this Agreement; and

WHEREAS, the parties intend by this Agreement to set forth the scope, price, schedule, and respective responsibilities for completion of the work and to allocate risks between them.

Scope of Work

Payment Terms

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

Retainage (if any): of each progress payment will be retained until final completion and acceptance.

Any amounts not paid when due shall accrue interest at the lesser of (a) per month, or (b) the maximum rate permitted by law. In addition, Client shall be responsible for reasonable collection costs, including attorneys' fees.

Change Orders

All additions, deletions or modifications to the Scope of Work shall be made only by written change order signed by both parties that specifies the change in work, the change in price (if any), and any adjustment to schedule. Contractor shall not proceed with changed work without a signed change order unless otherwise agreed in writing.

Term and Termination

Effective Date: Month Day Year .

Anticipated Completion Date: Month Day Year .

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure the breach within the notice period specified above. Upon termination for cause, Contractor shall be entitled to payment for work performed and materials purchased prior to termination, less any costs to complete or remedy defective work.

Permits, Insurance, and Licenses

Contractor shall obtain and pay for all permits and inspections required by applicable law unless otherwise agreed in writing. Contractor shall maintain commercial general liability insurance and workers' compensation coverage as required by law and shall provide certificates of insurance upon Client's request. Client shall be responsible for site access and any costs arising from unforeseen site conditions not disclosed at the time of contracting.

Warranties

Contractor warrants that work performed will be free from defects in workmanship for a period of from the date of final completion. Manufacturer warranties for materials shall be passed through to Client to the extent transferable. This warranty does not apply to damage caused by abuse, neglect, ordinary wear and tear, or alterations by others.

Confidentiality

Each party shall keep confidential all non-public proprietary information of the other party obtained in connection with this Agreement and shall not disclose such information except to its employees, subcontractors or agents who have a need to know and who are bound by confidentiality obligations. The obligation of confidentiality shall survive termination of this Agreement for a period of years, except to the extent disclosure is required by law.

Indemnification and Liability

Contractor shall indemnify and hold harmless Client from third-party claims arising from Contractor's negligent performance of the work, except to the extent such claims arise from Client's negligence or willful misconduct. Client shall indemnify Contractor for claims arising from Client-provided materials or directions. Neither party shall be liable for consequential or punitive damages except for liability arising from gross negligence or willful misconduct.

Delays and Force Majeure

Contractor shall not be liable for delays caused by events beyond Contractor's reasonable control, including acts of God, labor disputes, material shortages, or governmental actions. In the event of such delay, the schedule shall be extended for a period equal to the delay, and any additional costs caused by the delay shall be handled via change order as appropriate.

Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflicts of law principles. The parties shall attempt in good faith to resolve disputes through negotiation. If unresolved, disputes shall be submitted to binding arbitration in accordance with commercially reasonable arbitration procedures selected by the parties, or as otherwise required by applicable law.

Entire Agreement

This Agreement, including all attachments and signed change orders, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations and understandings. No amendment to this Agreement shall be effective unless made in writing and signed by both parties.

Additional Provisions

Acknowledgment

By signing below, the parties acknowledge that they have read, understand, and agree to be bound by the terms and conditions of this Agreement and that the persons signing have the authority to bind the respective parties.

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