Subfloor Installation Template

SUBFLOOR INSTALLATION AGREEMENT

Parties and Contact Information

Recitals

WHEREAS, Client Name: desires to have the subfloor installed at the property located at ; and

WHEREAS, Contractor Name: represents that Contractor has the experience, personnel and equipment necessary to perform subfloor installation services; and

WHEREAS, the parties wish to set forth the terms and conditions under which Contractor will perform the work described below.

Scope of Work

Contractor shall furnish all labor, materials, equipment, supervision and services necessary to perform the subfloor installation described below in a professional and workmanlike manner in accordance with industry standards.

Materials, Labor and Pricing

The total Contract Price for the work described in this Agreement shall be: $ (the "Contract Price"), subject to adjustments for approved change orders, unforeseen conditions, or corrections to scope.

Payment Terms

Client shall pay the Contract Price according to the following schedule:

Contractor shall invoice Client in accordance with the payment schedule. Payment is due within days of invoice receipt. Unpaid amounts shall bear a late fee of % per month or the maximum permitted by law, whichever is less.

Term and Termination

This Agreement commences on the Start Date and, unless earlier terminated in accordance with this Agreement, shall continue until completion of the Work or the End Date, whichever occurs first.

Start Date:     End 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, Client may terminate for convenience upon days' written notice, in which case Client shall pay Contractor for all Work performed and reasonable demobilization costs to date.

Change Orders

Any change to the Work, Contract Price or schedule shall be documented in a written change order signed by both parties. Contractor is not required to proceed with changed work without an approved signed change order.

Confidentiality

Each party shall keep confidential all non-public information and documents disclosed by the other party in connection with this Agreement and shall not use such information for any purpose other than performance of this Agreement. Confidential information does not include information that is or becomes generally available to the public through no fault of the receiving party or information lawfully received from a third party without restriction.

Insurance and Warranties

Contractor shall maintain commercial general liability insurance and workers' compensation as required by law and shall provide certificates of insurance upon request. Contractor warrants that all materials and workmanship shall be free from defects for a period of from the date of completion, subject to normal wear and tear and misuse.

Indemnification

Contractor agrees to indemnify, defend and hold Client harmless from and against claims, liabilities, damages and expenses arising out of Contractor's negligent acts or omissions in the performance of the Work, except to the extent caused by Client's negligence or willful misconduct.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state of , without regard to conflict of law principles.

Entire Agreement

This Agreement, including all exhibits and any executed change orders, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written. No amendment, modification or waiver shall be effective unless in writing and signed by both parties.

Dispute Resolution

The parties shall first attempt to resolve disputes arising out of this Agreement through good faith negotiation. If negotiation fails, the parties agree to submit the dispute to non-binding mediation before pursuing litigation. Any litigation shall be brought exclusively in the state and federal courts located in the state specified in the Governing Law section.

Notices

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth above or to such other address as either party may designate by notice to the other in accordance with this section. Notices shall be deemed given when delivered personally, by overnight courier, or three (3) days after deposit in the U.S. mail, postage prepaid.

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