Windows Doors Installation Agreement

Windows Doors Installation Agreement

Client Name:    Client Address:

Contractor Name:    Contractor Address:

RECITALS

WHEREAS, Client desires to engage Contractor to provide professional removal, supply and installation services for windows and exterior doors at the Client property located at the address noted above; and

WHEREAS, Contractor represents that it is duly licensed, insured, and qualified to perform window and door installation work in accordance with industry standards and applicable building codes; and

WHEREAS, the parties desire to set forth their agreement regarding the scope, schedule, payment and other terms governing the work to be performed.

SCOPE OF WORK

Contractor shall furnish all labor, materials, equipment, supervision and services necessary to complete the work described below in a good and workmanlike manner in accordance with accepted industry standards and applicable codes. The work includes, without limitation, removal of existing units, preparation of openings, installation of new windows and exterior doors, flashing, sealing, trim, and cleanup.

MATERIALS AND EQUIPMENT

Products supplied by Contractor shall be new and as specified in the scope above unless otherwise agreed in writing. Substitutions require written Client approval. Contractor shall maintain general liability and workers' compensation insurance and shall provide its license number and insurance carrier upon request.

PAYMENT TERMS

Total Contract Price: $

Final payment is due upon substantial completion and Client acceptance per the Acceptance clause below. All payments shall be made to the Contractor at the Contractor address shown above unless otherwise directed in writing.

SCHEDULE

Anticipated start date:    Anticipated completion date:

Contractor will use commercially reasonable efforts to meet the schedule but is not liable for delays caused by weather, permit delays, concealed conditions, supply shortages, acts of third parties or other Force Majeure events.

CHANGES AND CHANGE ORDERS

Any change to the scope, materials, or schedule must be documented in a written change order signed by both parties. Change orders shall set forth adjustments to price and time for performance. Contractor shall not be obligated to perform work beyond the written scope without a signed change order.

PERMITS, INSPECTIONS, AND SITE CONDITIONS

Responsibility for permits: Contractor responsible?    Client responsible?

Client represents that the work area is accessible and that all known concealed conditions have been disclosed. Additional costs resulting from concealed conditions or required corrective work will be the responsibility of the Client unless otherwise agreed in writing.

WARRANTY

Contractor warrants that workmanship will be free from defects for a period of from the date of completion. Manufacturer warranties for products are separate and assignable to the Client where permitted but Contractor does not extend manufacturer obligations.

CONFIDENTIALITY

Each party shall keep confidential all non-public business information disclosed by the other party in connection with this Agreement and shall not disclose such information except as required by law or with the other party's prior written consent. Confidential information does not include information that is or becomes public through no fault of the receiving party.

TERMS, TERMINATION AND NOTICE

Term Commencement Date: . Contract shall expire on: , unless earlier terminated in accordance with this section.

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. Notices shall be in writing and delivered to the addresses listed above.

INDEMNIFICATION

Contractor shall indemnify and hold harmless Client from claims, damages and liabilities arising from Contractor's negligent performance of the work. Client shall indemnify and hold harmless Contractor from claims arising from Client's acts or omissions or from conditions at the site not caused by Contractor. This indemnity excludes liabilities resulting from gross negligence or willful misconduct.

LIEN WAIVER

Upon receipt of final payment, Contractor will provide a final waiver of lien for work and materials furnished to the property. Contractor will not be required to provide waivers for progress payments until such payments are made in full.

Contractor will provide final lien waiver:

DISPUTE RESOLUTION

The parties shall attempt in good faith to resolve disputes arising out of this Agreement by negotiation. If negotiation fails, disputes shall be submitted to non-binding mediation, and if mediation does not resolve the dispute, the parties may pursue binding arbitration or litigation as agreed in writing. Each party shall bear its own costs unless otherwise awarded by the arbitrator or court.

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 any attached scopes, drawings, specifications and authorized change orders, constitutes the entire agreement between the parties and supersedes all prior negotiations, representations or agreements, whether written or oral. No amendment shall be effective unless in writing and signed by both parties.

MISCELLANEOUS

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Neither party may assign this Agreement without the prior written consent of the other, except that Contractor may assign to an affiliate or successor in interest.

Acceptance by Client: Client shall inspect the work upon substantial completion. Unless Client provides written notice of nonconformities within seven (7) days of substantial completion, the work shall be deemed accepted and final payment will become due in accordance with the Payment Terms.

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