Site Work Agreement

SITE WORK AGREEMENT

This Site Work Agreement ("Agreement") is entered into by and between:

Effective Date:

RECITALS

WHEREAS, Client is the owner or authorized agent for the property located at the Project Address and desires the performance of site preparation, grading, excavation, and related site work;

WHEREAS, Contractor is experienced and duly qualified to perform the site work described in this Agreement and agrees to perform such work in accordance with the terms set forth herein;

WHEREAS, the parties desire to set forth the scope, payment, schedule, and other terms and conditions governing the Contractor's performance.

SCOPE OF WORK

Contractor shall furnish all labor, materials, equipment, supervision, and incidentals necessary to complete the site work described below. Contractor shall perform the work in a professional and workmanlike manner, in compliance with applicable laws, codes, and permits.

PAYMENT TERMS

Contract Price (Total): $. This price is inclusive of labor, materials, equipment, and disposal unless an itemized exception is listed in the Scope of Work.

Final Payment: Final payment is due within days after completion of the Work and receipt of an accurate invoice. Acceptance by Client of the Work shall not constitute waiver of rights for latent defects.

Late Payment: Any undisputed balance not paid when due shall accrue interest at % per month (or the maximum permitted by law), beginning on the first day following the due date. Client shall also be responsible for costs of collection, including reasonable attorney's fees.

TERM AND TERMINATION

Commencement Date: Work shall commence on or about .

Estimated Completion Date: Contractor shall substantially complete the Work by , subject to adjustment for excusable delays, change orders, and force majeure.

Termination for Convenience: Either party may terminate this Agreement for convenience upon written notice to the other party at least days prior to the effective date of termination. Upon termination for convenience, Contractor shall be paid for work performed and reasonable demobilization costs.

Termination for Cause: Either party may terminate if the other materially breaches this Agreement and fails to cure such breach within 10 days after receipt of written notice. Termination for cause shall be without prejudice to any other remedies available under law.

CONFIDENTIALITY

Each party acknowledges that certain proprietary or confidential information may be disclosed in connection with the performance of this Agreement. Confidential information shall not include information that: (a) is or becomes public through no fault of the receiving party; (b) was already known to the receiving party without breach of an obligation of confidentiality; or (c) is rightfully obtained from a third party without restriction.

The receiving party shall hold confidential information in strict confidence, shall not disclose it to third parties except as necessary to perform the Work, and shall use at least the same degree of care as it uses to protect its own confidential information, but no less than reasonable care.

INSURANCE AND INDEMNITY

Contractor shall maintain, at its expense, insurance in types and limits customary for the scope of work, including commercial general liability, workers' compensation, and automobile liability. Contractor shall provide certificates of insurance upon request and shall name Client as an additional insured for claims arising out of Contractor's operations.

Indemnity: Contractor shall indemnify, defend, and hold Client harmless from and against claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of Contractor's performance of the Work, except to the extent caused by the gross negligence or willful misconduct of Client.

PERMITS, COMPLIANCE, AND SITE CONDITIONS

Contractor shall obtain and pay for all permits, inspections, approvals, and licenses required for the lawful performance of the Work unless otherwise agreed in writing. Client shall disclose known site conditions that may affect performance. Contractor is not responsible for concealed conditions not reasonably discoverable prior to mobilization; such conditions will be addressed by change order.

GOVERNING LAW

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.

ENTIRE AGREEMENT

This Agreement, including any attachments, exhibits, and written change orders executed by both parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, proposals, representations, and agreements, whether written or oral.

NOTICES

CHANGE ORDERS

Any changes to the scope, price, schedule, or other material terms shall be made only by written change order signed by authorized representatives of both parties. No oral statements shall be binding.

DISPUTE RESOLUTION

The parties shall first attempt to resolve disputes through good faith negotiation between authorized representatives. If unresolved, the dispute may be submitted to mediation. If mediation fails, the parties may pursue remedies in a court of competent jurisdiction in the state specified in the Governing Law section.

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