- 1 - CONSTRUCTION CONTRACT THIS CONSTRUCTION CONTRACT (“Contract”), effective as of the date of the last party to
sign below, is between , having an address at ("Contractor") and , having an
address at ("Owner").
For valuable consideration the parties hereby agree as follows:1. SCOPE OF WORK: Framing shall be to the plans including all details. Floor joist layout shall
be as best to avoid plumbing for tubs and toilets. Framing includes the installation of sill plates;
rim joists; floor joists; sub flooring; plates; exterior and interior walls; ceiling joists; headers; rafters; roof
sheathing; sub fascia and fascia; bridging; joist hangers; rough framing materials for stair jacks, treads and
risers; collar ties; other attic bracing materials; roof overhang and soffit; rake boards; steel and/or wood
girders; columns and posts; sill sealer under the sill plates; sheathing and siding the exterior walls; siding
corners; interior and exterior decorative beams and posts; exterior moldings; drip edge/Z-bar (including
trim materials over z-bar); windows; exterior doors (excepting the garage door); frame and case garage
door as needed; back-out garage door as needed; ventilation materials; termite shield; furring blocks on
concrete walls; bracing; stiffbacks; backing blocks; nailing blocks; shimming windows and doors;
caulking and gluing continuous as needed; set all finish nails; insulation behind tubs located on exterior
walls; drywall behind tubs as required; box in vent areas; box in heat runs as required; framing for future
recessed fixtures; kitchen and bathroom cabinet drops; fire stopping as required; deck posts; deck girders;
deck floor joists and flooring; deck handrail and seating; deck stair jacks, treads and risers; and .
Contractor shall return all excess material and damaged materials. Contractor shall call for inspections of
the work as required.Fra m in g M ate ria ls :S il l I n su la tio n: T erm ite S hie ld : B rid gin g M ate ria l: Jo is t H an gers : S ub F lo o r M ate ria l: S iz e: G lu e: U nd erla y m en t M ate ria l: S iz e: G lu e: W all S heath in g M ate ria l: S iz e: C orn er B ra ce M ate ria l: W all S id in g M ate ria l: S iz e: R oo f S heath in g M ate ria l: S iz e: F li tc h P la te M ate ria l/S iz e: B olts : N ails -F ra m in g M em bers : S id in g: W in dow s: E xte rio r T rim : E xte rio r D oors : U se M ateri al Type Siz eS p acin gG rea te st S pan
Each S iz e S il l P la te N/A N/A Box Sill/Rim Joist N/A N/A 1st Floor-Floor Joists
- 2 - 2nd Floor-Floor Joists Ceiling Joists Rafters/Roof Trusses Exterior Studs Interior Studs Top & Bottom Plates N/A N/A Headers, Windows & Doors N/A Headers, Garage Door N/A Beams N/A Roof Bracing/Collar Ties Exterior Trim M ate ria l T yp e ThicknessSize Fascia Board Soffit Siding Corners Garage Door Trim Window Trim Door Trim Rake Board Exterior Beams Exterior Posts Flashing Material: Windows: Doors: Soffit Vents: Gable Vents: WINDOWS:Manufacturer/Style: Material: Insulated Glass: Screens: Storms: Grilles: Shutters: STAIRS: LOCATION JACKSTREADSRISERS MaterialSizeMaterialSize Material SizeBasement
- 3 - 1st Floor 2nd Floor Disappearing Stairs- Make and Model Number: EXTERIOR DOORS: (Including Storm Doors) Door Brand/Model/Material SizeThicknessHardwareFront Rear Sliding/Patio Garage 2. WORK SITE: The Project shall be constructed on the property of Owner located at and more
particularly described as (hereafter
"the Work Site"). Owner hereby authorizes Contractor to commence and complete the usual and
customary excavation and grading on the Work Site as may be required in the judgment of the
Contractor to complete the Project. Unless called for in the drawings or specifications, no
landscaping, finish grading, filling or excavation is to be performed at the Work Site by the
Contractor.
3. TIME OF COMPLETION: Contractor shall commence the work to be performed under this
Contract on or before and shall substantially complete the work on or before
.
Contractor shall not be liable for any delay due to circumstances beyond its control including
strikes, casualty, acts of God, illness, injury, or general unavailability of materials.
4. PERMITS: Contractor shall apply for and obtain such permits and regulatory approvals as may
be required by the local municipal/county government, the cost thereof shall be included as part of
the Project price.5. INSURANCE: Contractor shall maintain general liability, workers compensation and builder's
risk insurance.6. SURVEY AND TITLE: If the Project is near the Owner’s property boundary, Owner will point
out property lines to the Contractor. If the Owner or Contractor has any doubt about the location
of the property lines, Owner shall provide Contractor with boundary stakes through a licensed
surveyor. In addition, Owner shall provide Contractor documentation that Owner has title to the
Work Site and shall provide Contractor copies of any covenants, conditions, or restrictions that
affect the Work Site.7. CHANGES TO SCOPE OF WORK: Owner may make changes to the scope of the work,
including changes to the drawings and specifications, from time to time during the construction of
the Project. However, any such change or modification shall only be made by written "Change
Order" signed by both parties. Such Change Orders shall become part of this Contract. Owner
agrees to pay any increase in the cost of the Project as a result of a Change Order. In the event the
cost of a Change Order is not known at the time a Change Order is executed, the Contractor shall
estimate the cost thereof and Owner shall pay the actual cost whether or not it is in excess of the
- 4 - estimated cost.8.CONTRACT PRICE:{COST PLUS}Owner agrees to pay Contractor the actual cost to Contractor of
materials plus the sum of$ for performing the services set forth in the
scope of the work. Contractor shall be paid as follows:
.OR{FIXED FEE}Owner agrees to pay Contractor the sum of $ for performing the services set
forth in the scope of the work. Contractor shall be paid as follows:
.Contractor shall furnish Owner appropriate releases or waivers of lien for all work performed or
materials provided at the time the next periodic payment shall be due.9.LATE PAYMENT/DEFAULT: A failure to make payment for a period in excess of ten (10)
days from the due date shall be deemed a material breach of this Contract. If payment is not made
when due, Contractor may suspend work on the job until such time as all payments due have been
made without breach of the Contract pending payment or resolution of any dispute. Owner agrees
to pay a late charge of 1% of all payments that are more than ten (10) days late plus interest at the
rate of 1% per month.10. DESTRUCTION AND DAMAGE : If the Project is destroyed or damaged for any reason,
except where such destruction or damage was caused by the sole negligence of the Contractor or
its subcontractors, Owner shall pay Contractor for any additional work done by Contractor in
rebuilding or restoring the Project to its condition prior to such destruction or damage. If the
estimated cost of replacing work already accomplished by Contractor exceeds 20 percent of the
Contract price, either the Contractor or Owner may terminate this Contract. Upon termination by
either party, Contractor shall be excused from further performance under this Contract and Owner
shall pay Contractor a percentage of the Contract price in proportion to the amount of work
accomplished prior to the destruction or damage.11. ASSIGNMENT: Neither party may assign this Contract, or payments due under the Contract,
without the other party’s written consent. Any such assignment shall be void and of no effect.12.INTERPRETATION:(a)Interpretation of Documents. The Contract, drawings, and specifications are intended to
- 5 - supplement one another. In the event of a conflict, the specifications shall control the drawings,
and the Contract shall control both. If work is displayed on the drawings but not called for in the
specifications, or if the work is called for in the specifications but not displayed on the drawings,
Contractor shall be required to perform the work as though it were called for and displayed in both
documents.(b) Entire Agreement. This Contract constitutes the entire agreement of the parties. No other
agreements, oral or written, pertaining to the work to be performed under this Contract exists
between the parties. This Contract may only be modified only by a written agreement signed by
both parties.(c) Governing Law. This Contract shall be interpreted and governed in accordance with the
laws of the State of Idaho.13. ATTORNEYS’ FEES AND COSTS: If any party to this Contract brings a cause of action
against the other party arising from or relating to this Contract, the prevailing party in such
proceeding shall be entitled to recover reasonable attorney fees and court costs.14.PERFORMANCE:(a)Contractor may, at its discretion, engage licensed subcontractors to perform work pursuant
this Contract provided Contractor shall remain fully responsible for the proper completion of the
Project. (b) All work shall be completed in a workman-like manner and in compliance with all
building codes and applicable laws. To the extent required by law, all work shall be performed by
individuals duly licensed and authorized by law to perform said work.(c)Contractor agrees to remove all debris and leave the premises in broom clean condition.15.WARRANTY: Contractor's warranty shall be limited to due to improper framing labor
techniques, except for the following allowances: floor variance shall not exceed 1/4 inch in 32
inches, bowed or out of plumb walls shall not exceed 1/4 inch in 32 inches, non-excessive floor
squeaks or pops. All said defects arising after one (1) year and defects in material are not
warranted by Contractor. Contractor hereby assigns to Owner all warranties on materials as
provided by the manufacturer of such materials.16. DISCLOSURES: Pursuant to Idaho Code Section 45-525, Contractor provides the necessary
disclosure of information on the final page of this document.AGREED:CONTRACTOR:Signature Print Name & TitleOWNER:Signature Print Name
- 6 - Date License Number Name and Address of License Holder Date
- 7 - DISCLOSURE NOTICE TO OWNER Owner shall have the right at the reasonable expense of Owner to require that Contractor obtain lien
waivers from any subcontractors providing services or materials to Contractor.Owner shall have the right to receive from Contractor proof that Contractor has a general liability
insurance policy including completed operations in effect and proof that the Contractor has worker’s
compensation insurance for his employees as required by Idaho law.Owner shall be informed of the opportunity to purchase an extended policy of title insurance covering
certain unfiled or unrecorded liens.Owner shall have the right to require, at the Owner’s expense, a surety bond in an amount up to the value
of the construction project.Contractor shall provide to Owner a written disclosure statement, which shall be signed by Contractor
listing the business names, addresses and telephone numbers of all subcontractors, material men and
rental equipment providers having a direct contractual relationship with Contractor and who have
supplied materials or performed work on the residential property of a value in excess of five hundred
dollars ($500). Contractor is not required under this subsection to disclose subcontractors, material men or
rental equipment providers not directly hired by or directly working for Contractor. Such information
shall be provided within a reasonable time prior to the final payment to Contractor by Owner for
construction, alteration, or repair of any improvement of residential real property.Contractor shall not be liable for any error, inaccuracy or omission of any information delivered pursuant
to this section if the error, inaccuracy or omission was not within the personal knowledge of Contractor.
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