Fill and Sign the This Contract is Entered into This the Day of 20 by Form

- 1 - CONSTRUCTION CONTRACT THIS CONTRACT IS ENTERED INTO THIS THE ____ DAY OF _______________, 20___, by and between ________________________________________________, hereafter "Contractor" and ________________________________________________ hereafter "Owner". For valuable consideration the parties do hereby agree as follows: 1. SCOPE OF WORK: Contractor shall provide all labor and materials, and shall construct for Owners the residence as described by the plans and specifications (hereafter "the Project") selected by Owners and more particularly described as __________________________________ ______________________________________________________________________________. Copies of said plans and specifications have been executed by Contractor and Owner on the date hereof and are hereby made a part of this contract. 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 specifications no landscaping, finish grading, filling or excavation is to be performed at the Work Site by the Contractor except as is so required. 3. 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 an expense of the Project. 4. SOIL CONDITIONS: Contractor shall have no responsibility for the condition of the soils at the Work Site. Any excavation, filling or other work required by the Owner other than the usual and customary excavation and grading shall be an additional expense of the Owner. Owner shall determine before construction begins if additional site work is required because of the soil conditions at the Work Site and shall provide Contractor written specifications as to such additional site work. Contractor shall not be responsible for any damages suffered by Owner as a result of the soil conditions at the Work Site.
(10) each owner shall be entitled to a payment from the contractor or contractor's employees for the following expenses, exclusive of wages and reasonable overtime, to be determined by the court: 1. Inspection: for inspection purposes the contractor shall make and maintain the necessary records; including invoices, construction reports and surveys (in case of change from manual to automatic excavation) and excavation photos; and shall forward all inspections to the court. 2. Report of excavation: the contractor shall make and maintain a report of excavation covering the time and cost of the construction materials used in the excavation as specified in the plans and specifications (hereafter, project) selected by the owner. 3. Contractor's employees: contractor shall pay its own employees for their time and labor. 4. Construction equipment: for construction equipment costs and expenses as may be incurred by contractor the court is authorized to reimburse the contractor for such costs. 5. Advertising: the court shall authorize contractor, through its employees, to advertise the work being carried on or the price being paid for the work, except as otherwise specified in the parties' agreement. 6. Compensation: each owner shall be paid, exclusive of reasonable compensation of contractor, reasonable expenses incurred in any contract, sale, or other transaction, other than wages, including attorney's fees, for which the award is made including the expenses of this action, exclusive of wages. 7. Legal fees and court costs: 100, for the claim and 100, for each final judgment. (11) in determining the amount to be awarded in this action the court shall consider, but not limited to, the cost, time, materials, and the degree of cooperation between all parties. (12) each party shall indemnify and hold harmless the other from any expenses, including attorneys' fees, resulting from or incidental to the claim made in this action; provided, that the parties may agree other mutually agreeable remedies for any other claim which has arisen between the parties. (13) the case shall be limited to the amount recoverable by the award in this action, except as otherwise agreed by the parties. (14) the parties acknowledge that the action shall be exclusively instituted on the part of the owner and that they are not seeking any other relief. (15) any claim, judgment or award made on behalf of owners or for owners shall be enforceable in all courts without regard to the amount in controversy but may not be altered, modified or construed to include the recovery