Restoration Project Facade Template

Restoration Project Facade Template

Parties and Project Identification

Recitals

WHEREAS, Owner desires to repair, restore and preserve the exterior facade and related elements of the building identified above in order to correct weathering, structural deterioration and to restore original architectural features; and

WHEREAS, Contractor represents that it possesses the necessary experience, labor, materials, tools and licenses to execute restoration of historic and non-historic facades, including but not limited to masonry repair, stone repointing, cornice stabilization, flashing replacement and exterior finish restoration, in accordance with industry standards; and

WHEREAS, the parties desire to set forth their respective rights and obligations with respect to the restoration work and related services, including schedule, payment, change order procedures and warranty obligations, all as set forth in this Agreement.

Scope of Work

Contractor shall perform the restoration services described below in a good and workmanlike manner consistent with applicable codes, industry standards and accepted preservation practices. Contractor shall supply all labor, materials, equipment and supervision necessary to accomplish the work unless otherwise specified.

Project Schedule and Milestones

Estimated Start Date:    Estimated Completion Date:

Due Date:    Amount: $

Due Date:    Amount: $

Payment Terms

Total Contract Price: $. Payment shall be made in accordance with the schedule below and subject to inspection and acceptance of work performed.

Retainage: % of each progress payment shall be withheld and released upon final completion and acceptance.

Payment Terms: Net days from Contractor's invoice date. Invoices shall itemize work completed, materials stored and change orders approved.

Late Fee: Overdue amounts shall accrue interest at % per month (or the maximum allowed by law, whichever is less) from the date payment was due until paid in full. In addition, Owner shall reimburse Contractor for reasonable collection costs and attorney's fees incurred to collect overdue payments.

Change Orders

Any changes to the Scope of Work shall be authorized by written change order signed by both parties specifying adjustments to price, schedule and any other affected terms. No oral direction shall be binding. If Contractor proceeds without an executed change order where emergency measures are necessary to protect life or property, the parties shall promptly document such work in writing for adjustment.

Term and Termination

Term Commencement Date: . Expected Termination/Completion Date: .

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure such breach within days after receipt of written notice. In addition, Owner may terminate for convenience upon providing days' advance written notice; in such event Contractor shall be entitled to payment for work performed, materials procured and reasonable demobilization costs.

Insurance, Indemnity and Warranties

Contractor shall maintain at its expense commercial general liability, workers' compensation and automobile insurance in amounts sufficient to cover the work and shall name Owner as an additional insured on commercial general liability policies to the extent permitted by such policies. Contractor shall indemnify and hold Owner harmless from claims arising out of Contractor's negligence or willful misconduct, except to the extent caused by Owner's gross negligence or willful misconduct.

Warranty: Contractor warrants that materials and workmanship furnished under this Agreement will be free from defects for a period of following final acceptance. Remedy for breach of this warranty shall be limited to repair or replacement at Contractor's expense, subject to reasonable inspection and verification by Owner.

Confidentiality

Both parties acknowledge that certain technical, financial and business information exchanged under this Agreement may be confidential. Each party shall hold in confidence and not disclose to third parties such Confidential Information, and shall use it solely for performance under this Agreement. Confidential Information does not include information that is or becomes publicly known through no wrongful act of the receiving party or which is rightfully received from a third party without restriction.

Notices

All notices required or permitted hereunder shall be in writing and delivered to the contact information below by certified mail, overnight courier or personal delivery and shall be effective upon receipt.

Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflicts of law principles. The parties shall first attempt to resolve disputes in good faith through negotiation. If unresolved within 30 days, disputes shall be resolved by binding arbitration in accordance with the arbitration rules elected by the parties at the time of dispute.

Entire Agreement

This Agreement, together with all referenced exhibits, attachments and any executed change orders, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations and agreements, whether written or oral. Any amendment shall be in writing signed by both parties.

Signatures

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