Fill and Sign the Trim Carpenter Contract for Contractor Montana Form

TRIM CONSTRUCTION CONTRACT THIS TRIM 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: Trim work is interior or exterior construction made by cutting, surfacing, joining, gluing and fabricating various grade materials and moldings, such as paint-grade or stain-quality wood or other products to provide a functional surface, and placing, erecting and finishing such work in structures. Trim products are installed wherever different construction finishing materials intersect along joints, corners, door frames, windows and other building features. Trim work services include determining trim requirements, installing various types of trim (including door, bifold, casing, base or baseboard, base shoe, base cap, window stop, window stool, picture, corner guard, chair rail, wainscoting, and staircase, and ceiling molding, paneling, handrails, cased openings, stairway railings, custom woodworking, built-in shelving, cabinetry, countertops, entry door surrounds, mantels, closet shelves, hanger rods, window hardware and door stops), setting doors, door sills, windows and window sills, and finishing trim by sanding and ensuring even intersection with walls, ceilings and floors. Contractor shall provide all necessary trim labor and materials, and perform all necessary trim work services described above and/or as set forth in the plans and specifications signed by both Owner and Contractor (“Project”). Such plans and specifications are hereby made a part of this Contract and may contain pictures, d iagrams or measurements of the work area together with a description of the work to be done, materials to be used, and the equipment to be used or installed. 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 plans 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 and workers compensation insurance. 6. CHANGES TO SCOPE OF WORK: Owner may make changes to the scope of the work, including changes to the plans and specifications, from time to time during the construction of the - 1 - 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 estimated cost. 7. 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. 8. 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. 9 . 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. 10. 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. - 2 - 11. INTERPRETATION: (a) Interpretation of Documents. The Contract, plans, and specifications are intended to supplement one another. In the event of a conflict, the specifications shall control the plans, and the Contract shall control both. If work is displayed on the plans but not called for in the specifications, or if the work is called for in the specifications but not displayed on the plans, 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 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 Montana. 12. 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. 13. PERFORMANCE: (a) Contractor may, at its discretion, engage licensed subcontractors to perform work pursuant to 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. 14 . WARRANTY: Contractor's warranty shall be limited to defects in workmanship within the scope of work performed by Contractor and which arise and become known within one (1) year from the date hereof. 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. AGREED: CONTRACTOR: Signature       Print Name & Title OWNER: Signature       Print Name - 3 -       Date       License Number       Name and Address of License Holder       Date - 4 - * Optional provisions required only for retail installment contracts: Notice to the Buyer. Do not sign this contract before you read it or if it contains any blank spaces. You are entitled to an exact copy of the contract you sign. Under the law, you have the right to pay off in advance the full amount due and to obtain a partial refund of the finance charge. I, the Buyer, have received a completed copy of the contract. ____________________________________ Buyer's Signature ____________________________________ Buyer's Residence ___________________________________ Date of Acknowledgement of Receipt The cash price of the goods and services which are the subject matter of the sale is ____________________________ . Collateral has been given as security for payment and is described as : ____________________________ . The amount of the buyer's down payment is $ ____________ . This includes an allowance given by the contractor of $ _____________ . The amounts paid in money is $ ___________ . The amount paid in goods, described as ____________________________ , is $ ___________ . The unpaid cash balance is $ ___________ . Insurance Premium Payments (if applicable): a. Type of insurance: ____________________ Term of insurance: ___________ Premium paid: $ ___________ To be procured by: Buyer Contractor b. Type of insurance: ____________________ Term of insurance: ___________ Premium paid: $ ___________ To be procured by: Buyer Contractor The amount of official fees, if any, is $ ___________ . The principal amount financed is $ ___________ . The amount of the finance charge is $ ___________ . The time balance, which is the sum of the principal amount financed and finance charge, payable by the buyer to the contractor is $ ___________ . - 5 - The number of installments required is ___________ . The amount of each installment is $ ___________ . The due date or period of each installment is ___________ . The time sale price, which is the total of the cash price of the goods and services or services, the finance charge, and the amounts, if any, included for insurance premiums and official fees, is $ ___________ . - 6 -