Residential Garage Contract

Residential Garage Contract

This Residential Garage Contract (the "Agreement") is entered into as of Effective Date: by and between Owner Name: whose address is ("Owner"), and Contractor Name: whose principal place of business is ("Contractor").

Recitals

WHEREAS, Owner is the owner of certain residential real property located at (the "Property"); and

WHEREAS, Owner desires the construction, installation, or repair of a garage structure on the Property (the "Work"); and

WHEREAS, Contractor represents that Contractor is duly licensed, bonded, and qualified to perform the Work and is willing to perform the Work pursuant to the terms and conditions set forth in this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

1. Scope of Work

Contractor shall furnish all labor, materials, equipment and supervision necessary to perform the Work described below and in any written attachments executed by the parties. Contractor shall perform the Work in a good and workmanlike manner and in compliance with applicable codes and industry standards.

2. Contract Price and Payment

Owner shall pay Contractor the total contract sum (the "Contract Price") for the performance of the Work. The Contract Price is as follows:

Unless otherwise agreed in writing, Owner shall make payment within the times specified in the payment schedule. Any undisputed late payment shall accrue interest at the rate of if not paid when due.

3. Time for Completion

Contractor shall commence the Work on or about Start Date: and substantially complete the Work by Completion Date: , subject to adjustments for excusable delays.

Liquidated damages for failure to achieve substantial completion by the Completion Date shall be unless otherwise agreed in writing.

4. Changes; Change Orders

Any modification to the Work, Contract Price, or Time for Completion shall be made only by written change order signed by Owner and Contractor. Contractor shall not perform changed work until a change order is executed. Pricing for changes shall be based on defined labor rates, materials cost and reasonable overhead and profit.

5. Permits, Inspections and Compliance

Responsibility for obtaining and paying for permits, inspections and governmental approvals shall be allocated as follows. Check applicable responsibility:

Contractor shall perform the Work in accordance with applicable laws, building codes and ordinances. Contractor shall notify Owner promptly of any code conflicts, concealed conditions, or required design changes.

6. Materials; Warranties

Contractor shall provide materials of good quality and, unless otherwise specified, new materials. Contractor warrants the Work against defects in workmanship and materials for a period of from substantial completion. Manufacturer warranties, if any, shall be assigned to Owner to the extent transferable.

7. Insurance and Indemnity

Contractor shall maintain commercial general liability insurance with limits not less than per occurrence, and workers' compensation as required by law. Contractor shall indemnify, defend and hold Owner harmless from claims arising out of Contractor's performance of the Work, except to the extent caused by Owner's negligence.

8. Site Conditions and Access

Owner shall provide access to the Property during reasonable hours and shall identify and mark any known utilities. Contractor shall be responsible for protecting existing improvements and for reasonable cleanup. Unforeseen site conditions not reasonably apparent at the time of contract shall entitle Contractor to an equitable adjustment in price and schedule.

9. Termination and Suspension

Either party may terminate this Agreement for material breach if the breach is not cured within days after written notice. Owner may suspend the Work for convenience upon written notice; compensation for suspended time shall be negotiated in good faith.

10. Dispute Resolution

The parties shall attempt in good faith to resolve disputes by negotiation. If negotiation fails, disputes arising out of or relating to this Agreement shall be resolved by binding arbitration administered in the governing jurisdiction selected below, or by litigation if mutually agreed in writing. The arbitrator shall apply the substantive law of the governing jurisdiction.

11. Notices

All notices required or permitted under this Agreement shall be in writing and delivered to the parties at the addresses set forth below by certified mail, recognized courier, or personal delivery, and shall be effective upon receipt.

12. Licenses and Representations

Contractor represents that it holds all licenses required to perform the Work. Contractor's license number:

13. Amendments, Waiver and Counterparts

This Agreement may be amended only by a written instrument signed by both parties. Failure to enforce any provision shall not constitute a waiver of the right to enforce such provision thereafter. This Agreement may be executed in counterparts, each of which shall be deemed an original.

14. Governing Law; Entire Agreement; Severability

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its choice of law principles. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior negotiations, proposals and agreements, whether written or oral. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15. Miscellaneous Provisions

The parties agree that time is of the essence with respect to Contractor's performance. Contractor shall comply with Owner's reasonable site rules and shall secure the Work area when not actively working. Any subcontractors engaged by Contractor shall be bound by the terms of this Agreement to the extent applicable.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

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