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General Contractor Agreement

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General Contractor Agreement Powered By Docstoc
					This is an agreement between a client and a general contractor for the completion of a
specific construction project. The agreement contains numerous customizable clauses,
such as the project description, payment, scheduling and time of performance,
completion, choice of state law that will govern the agreement, and warranties. This
document is ideal for general contractors or for individuals and entities who want to
employ the services of a general contractor to complete a specific construction project.
                GENERAL CONTRACTOR AGREEMENT
This General Contractor Agreement (this “Agreement”) is hereby made on this ____ day of
__________, 20_____ by and between __________ (“Client”) and ___________ (“General
Contractor”).

                             I.        CONTRACT DOCUMENTS

The Contract Documents shall be comprised of the following: the Construction Contract,
Conditions of the Contract, Addenda, Drawings, Photos or other visual representations of the
proposed work, and attached written Modifications to this Contract, properly signed and
witnessed.

The Contract itself is representative of the whole and complete agreement between Client and
General Contractor and supersedes any and all prior oral and written agreements. The Contract
is modifiable only by the properly documented written consent of both parties.

                               II.     SERVICES AND LABOR

General Contractor agrees to provide all services, materials, and labor necessary for the
completion of: _________________________ (“the “Project”) [Instruction: insert Project
description]. This includes building and construction materials, requisite labor and site security,
and all necessary tools and machinery needed for Project completion. All construction materials
should be new and of the highest quality, unless previously specified by Client.

                                        III.   PAYMENT

Client agrees to pay General Contractor the amount of ________________ dollars ($______)
[Instruction: insert any number] for the labor and materials necessary for Project completion.
Payment     shall    be   made    pursuant     to   the    following     payment     schedule:
__________________________ [Comment: specify schedule].

                   IV.     SCHEDULE AND TIME OF PERFORMANCE

General Contractor shall begin work on _________ to be completed by ________. As this
Project is time sensitive, General Contractor shall be assessed a fee of ____________ dollars
($__) [Instruction: insert any number] per day that work is not completed after the final
deadline of __________________, unless Client consents to a specified extension. Additional
damages shall be assessed and liquidated damages shall be deducted from the total payment
amount due to General Contractor pursuant the payment schedule specified in this Agreement.

                                  V.     COMPLETION

General Contractor sets the following schedule for Project completion, with various Project
stages to be completed on the following specified dates:



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      A.     __________________________________________________________________
      B.     __________________________________________________________________
      C.     __________________________________________________________________
      [Instruction: insert Project stages and dates]

The entire Project and all work by General Contractor for Client shall be completed on or before
the final deadline of ________________.

                             VI.    CHANGES TO THE WORK

All changes or modifications to the work ordered by Client must be made in writing, with
appropriate adjustments made to total payment and payment schedule accordingly. The approval
of both parties shall be required for substantial Project changes such as the date of completion,
Project price, and substantive modifications to the Project itself, and notification of these
changes must be made in a timely manner.

If these changes should require additional expense to General Contractor, General Contractor
must make a claim for increase in payment, in writing, to Client, in a timely manner. Client must
approve any claim for increase in writing prior to any changes to the work, Project, or schedule.

                                       VII.    DELAYS

If General Contractor is delayed from completing required work due to unavoidable casualties,
Client shall grant General Contractor an extension for the completion of work equal to the delay.
Unavoidable casualties include, but are not limited to, fire, flood, natural disasters, delayed
acquisition of materials or material delivery, and/or negligence on the part of Client.

In the event of unavoidable casualties, General Contractor shall properly document both the
event and the impact of that event on Project completion. Documentation shall be presented to
Client in a timely manner.

                           VIII. CLIENT’S REPRESENTATIVE

Client’s Representative shall be: ______________________. [Instruction: insert construction
manager’s name]

Client’s Representative shall be permitted to represent the interests of Client to General
Contractor and shall make regular Project site visits to assess work progress. Client’s
Representative will be scheduled to visit the Project site every ______________. [Comment:
specify time period]

Client’s Representative shall be permitted to assess the work of General Contractor and provide
recommendations to Client about the status of progress payments. Additionally, Client’s
Representative shall possess the authority to accept or reject work of General Contractor and
direct General Contractor to make modifications to defective or non-conforming work. Client’s
Representative’s demands shall be reasonable and Client’s Representative can only reject work if



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it is defective or materially deferent from the Project specifications as agreed upon between
General Contractor and Client.

If General Contractor fails to comply with the directions of Client’s Representative, Client’s
Representative may direct General Contractor to stop all work until a remedy is reached.

                                        IX.     ACCESS

Free access to the work and Project site shall be granted by General Contractor to Client, Client’s
Representative, designated agents of Client and Client’s Representative, and all necessary public
authorities.
                                      X.      WARRANTY

General Contractor hereby warranties that the work performed and the Project completed shall
meet the standards set forth and agreed upon by General Contractor and Client. General
Contractor agrees to fix and otherwise remedy any defects found by Client in the work within
_____________ (___) days/weeks [Comment: specify time period] at General Contractor’s
cost. This includes defects caused by natural phenomena, such as _____________ [Comment:
specify relevant phenomena for the Project/geographical area].

General Contractor is only responsible for damage resulting to the Project from normal wear and
tear and normal and reasonable use. Damage resulting from use that is overly destructive or
dangerous shall not fall under this warranty.

            XI.    INDEMNIFICATION AND LIMITATIONS ON LIABILITY

Client agrees to hold harmless, indemnify, and defend General Contractor and its agents,
affiliates, partners, officers, and stockholders against any and all claims, losses, liabilities,
damages, and expenses, including legal fees, fines, judgments, and settlement amounts made in
connection with, or arising from, errors in any representation or warranty made by Client under
this Agreement, any breach of the Agreement by Client, or any omission or negligent act by
Client in connection with this Agreement, provided that such negligent act, omission, or error
was not done at the direction of General Contractor.

General Contractor agrees to hold harmless, indemnify, and defend Client and its agents,
affiliates, partners, officers, and stockholders against any and all claims, losses, liabilities,
damages, and expenses, including legal fees, fines, judgments, and settlement amounts made in
connection with, or arising from, errors in any representation or warranty made by General
Contractor under this Agreement, any breach of the Agreement by General Contractor, or any
omission or negligent act by General Contractor in connection with this Agreement, provided
that such negligent act, omission, or error was not done at the direction of Client.

                                      XII.    INSURANCE

Client shall be responsible for maintaining full insurance coverage on the work site in both
Client’s and General Contractor’s names.



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General Contractor shall be responsible for maintaining insurance to protect against any property
damage, bodily injury, death, or other claims for damages that may result from the commission
of the work.

                              XIII. LICENSES AND PERMITS

General Contractor shall be responsible for obtaining the necessary permits and licenses to fulfill
the services specified in this Agreement.

                                          XIV. FINES

General Contractor shall be responsible for maintaining proper work, safety, and environmental
protection standards. General Contractor agrees to hold Client harmless for all fines incurred
from federal, state, or local agencies and regulators. General Contractor shall work in
compliance with all standards required by the EPA, OSHA, and other applicable federal
agencies. General Contractor shall be responsible for paying all fines and judgments levied by
these agencies resultant from the performance of this Agreement.

                            XV.     RELATIONSHIP OF PARTIES

The relationship created between Client and General Contractor shall be limited to that of
independent contractors. Neither party shall undertake any actions that would imply or seek to
establish, any partnership, ownership, employment, joint venture, or trust relationship between
the parties, except by amendment to this Agreement.

                                    XVI. ARBITRATION

Any dispute or claim related to or arising from this Agreement, its performance, breach,
interpretation, validity or enforceability, shall be exclusively (except as provided below) resolved
by final binding arbitration before the American Arbitration Association (AAA), utilizing AAA
Commercial Arbitration Rules.

The arbitrator shall be selected using AAA procedures. The Arbitrator shall render a written
decision within thirty calendar days of the hearing. The arbitrator shall not award attorneys’ fees
or punitive, incidental, consequential, treble, or other multiple or exemplary damages, and the
parties hereby agree to waive and not seek such damages.

Arbitration awards shall be final, binding, and non-appealable, with the exception of the grounds
for appeal guaranteed by the Federal Arbitration Act and applicable laws. All awards may be
filed with one or more courts, state, federal, or foreign having jurisdiction over the party against
whom such award is rendered or its property, as a basis of judgment and of the issuance of
execution for its collection.

                                  XVII. ATTORNEYS’ FEES




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If judgment is required to enforce the contents of this Agreement or remedy any breach, the non-
prevailing party shall pay court costs and attorneys’ fees.

                          XVIII.    ASSIGNMENT PROHIBITED

Both Client and General Contractor are expressly prohibited from assigning this Agreement or
any rights or interest flowing herefrom. Assignment shall only occur with the express written
consent of both parties.

                                 XIX. GOVERNING LAW

This Agreement shall be interpreted and enforced under the laws of the State of __________,
without regard to conflict of laws principles.

IN WITNESS WHEREOF, the parties hereto execute this Agreement on the date first above
written.

                            [SIGNATURE PAGE TO FOLLOW]




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CLIENT                                  GENERAL CONTRACTOR

____________________________________    ____________________________________
Authorized Signature                    Authorized Signature
____________________________________    ____________________________________
Name and Title                          Name and Title


WITNESS

____________________________________
Authorized Signature
_____________________________________
Name and Title




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DOCUMENT INFO
Description: This is an agreement between a client and a general contractor for the completion of a specific construction project. The agreement contains numerous customizable clauses, such as the project description, payment, scheduling and time of performance, completion, choice of state law that will govern the agreement, and warranties. This document is ideal for general contractors or for individuals and entities who want to employ the services of a general contractor to complete a specific construction project.
This document is also part of a package General & Subcontractor Agreements 22 Documents Included