General Form of Plumbing Contract or Agreement

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General Form of Plumbing Contract or Agreement Powered By Docstoc
					This is an agreement between a plumber and a customer for the provision of plumbing
services. The agreement includes all of the essential terms, such as the duration of the
work, the price, the payment schedule, warranties, and much more. Additionally, an
addendum should be attached to this agreement providing a blueprint describing the
work to be completed. The project can range from instillation of a new toilet or sink, to
instillation of new pipes. This document should be used by small businesses that
provide plumbing services or by a customer looking to employ a plumber for a certain
project.
                     General Form of Plumbing Contract or Agreement

       Agreement made on the (date), between (Name of Owner) of (street address, city, state,
zip code), referred to herein as Owner, and (Name of Contractor), of (street address, city, state,
zip code), referred to herein as Contractor.

      For and in consideration of the mutual covenants contained in this Agreement, and other
good and valuable consideration, the parties agree as follows:

1.      Description of Work.
        Contractor will furnish all labor and materials for plumbing work in the building (the
Building) located at (street address, city, state, zip code), in accordance with the plans and
blueprints attached hereto as Addendum A and made a part of this Agreement, including, but
not limited to, the following specifications:

        A.     Provision and installation of, in the designated place, a bathtub and attachments
        as described in the Addendum attached hereto;

        B.     Provision and installation of, in the designated place, a lavatory as described in
        the Addendum attached hereto;

        C.    Provision and installation of, in the designated place, a toilet as described in the
        Addendum attached hereto;

        D.    Provision and installation of, where designated, a sink as described in the
        Addendum attached hereto;

        E.     Provision and installation of a (identify type) boiler as described in the Addendum
        attached hereto;
:.
        F.     Provision and installation of a water heater as described in the Addendum
        attached hereto;
.
        G.     Provision and installation of equipment so that all pipes can be drained as
        described in the Addendum attached hereto;

        H.       All pipes on outside of house will be laid below level of ground subject to action
        of frost;

        I.     Provision and installation of waste and vent pipes as described in the Addendum
        attached hereto;

        J.     Provision and installation of all sewer pipes as described in the Addendum
        attached hereto;

        K.    Connections to private sewer or water mains will be made only after permission
        to make same has been secured by Owner;

        L.       Excavations in rock, not otherwise provided for, will be treated as extra work; and

        J.       Contractor will paint boiler and all exposed pipes (not specified as nickel plated)



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        with ( describe type) paint.

2.      Contract Time. The work shall be completed within (number) calendar days from (date).

3.     Contract Price. Owner will pay contractor $____________ for performance of work and
completion of project in accordance with the payment schedule set forth in Section 4, subject to
adjustment by modifications as provided in the payment schedule.

4.      Payment Schedule. Owner will make payments on account of the Contract Price as
follows:
        A.     On or about the _____day of each month during construction, a payment
        equivalent to ______% of the value of the work completed, and

        B.     On substantial completion, a sum sufficient to increase the total payments to
        Contractor to an amount equivalent to _______% of the Contract Price.

        C.     On final completion of the work and settlement of all claims, the remainder of the
        Contract Price.

5.      Warranty of Fitness of Equipment and Materials. Contractor represents and warrants
to Owner and that all equipment and materials used in the work, and made a part of the
structures on the work, or placed permanently in connection with the same, will be new unless
otherwise specified, of good quality, free of defects, and in conformity with the Contract. It is
understood between the parties that all equipment and materials not so in conformity are
defective.

6.      Title to Material. Title to the material to be furnished by Contractor shall be and remain
in Contractor until all sums of money called for are fully paid. In case of default in payment of
any of the installments provided for in this contract, Contractor is authorized to enter the
premises and take possession of and remove material at any time after the default.

7.      Severability. The invalidity of any portion of this Agreement will not and shall not be
deemed to affect the validity of any other provision. If any provision of this Agreement is held to
be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and
effect as if they had been executed by both parties subsequent to the expungement of the
invalid provision.

8.     No Waiver. The failure of either party to this Agreement to insist upon the performance
of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the
terms and conditions of this Agreement, shall not be construed as subsequently waiving any
such terms and conditions, but the same shall continue and remain in full force and effect as if
no such forbearance or waiver had occurred.

9.    Governing Law. This Agreement shall be governed by, construed, and enforced in
accordance with the laws of the State of (name of state).

10.     Notices. Unless provided herein to the contrary, any notice provided for or concerning
this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified
or registered mail if sent to the respective address of each party as set forth at the beginning of
this Agreement.




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11.     Attorney’s Fees. In the event that any lawsuit is filed in relation to this Agreement, the
unsuccessful party in the action shall pay to the successful party, in addition to all the sums that
either party may be called on to pay, a reasonable sum for the successful party's attorney fees.

12.      Mandatory Arbitration. Notwithstanding the foregoing, and anything herein to the
contrary, any dispute under this Agreement shall be required to be resolved by binding
arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall
select one arbitrator and both arbitrators shall then select a third. The third arbitrator so
selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the
American Arbitration Association then in force and effect.

13.     Entire Agreement. This Agreement shall constitute the entire agreement between the
parties and any prior understanding or representation of any kind preceding the date of this
Agreement shall not be binding upon either party except to the extent incorporated in this
Agreement.

14.     Modification of Agreement. Any modification of this Agreement or additional obligation
assumed by either party in connection with this Agreement shall be binding only if placed in
writing and signed by each party or an authorized representative of each party.

15.     Assignment of Rights. The rights of each party under this Agreement are personal to
that party and may not be assigned or transferred to any other person, firm, corporation, or
other entity without the prior, express, and written consent of the other party.

16.    Counterpart. This Agreement may be executed in any number of counterparts, each of
which shall be deemed to be an original, but all of which together shall constitute but one and
the same instrument.

17.    Compliance with Laws. In performing under this Agreement, all applicable
governmental laws, regulations, orders, and other rules of duly-constituted authority will be
followed and complied with in all respects by both parties.

        WITNESS our signatures as of the day and date first above stated.



        ________________________                   _________________________
        (Signature of Owner)                       (Signature of Contractor)
        (Printed Name of Owner)                    (Printed Name of Contractor)


Attach Addendum




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Description: This is an agreement between a plumber and a customer for the provision of plumbing services. The agreement includes all of the essential terms, such as the duration of the work, the price, the payment schedule, warranties, and much more. Additionally, an addendum should be attached to this agreement providing a blueprint describing the work to be completed. The project can range from instillation of a new toilet or sink, to instillation of new pipes. This document should be used by small businesses that provide plumbing services or by a customer looking to employ a plumber for a certain project.
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