VIEWS: 7,357 PAGES: 8 CATEGORY: Business Services POSTED ON: 9/17/2009
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 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: © Copyright 2013 Docstoc Inc. 2 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 © Copyright 2013 Docstoc Inc. 3 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. © Copyright 2013 Docstoc Inc. 4 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 © Copyright 2013 Docstoc Inc. 5 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] © Copyright 2013 Docstoc Inc. 6 CLIENT GENERAL CONTRACTOR ____________________________________ ____________________________________ Authorized Signature Authorized Signature ____________________________________ ____________________________________ Name and Title Name and Title WITNESS ____________________________________ Authorized Signature _____________________________________ Name and Title © Copyright 2013 Docstoc Inc. 7
Pages to are hidden for
"General Contractor Agreement"Please download to view full document