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Construction Statement of Work with Binding Agreement Provision

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Construction Statement of Work with Binding Agreement Provision Powered By Docstoc
					This Construction Statement of Work with Binding Agreement Provision is a short
agreement which states that the contractor agrees to provide the services described in
the Statement of Work, and that the Client agrees to pay the fees set forth in the
Statement of Work. The Statement of Work includes a general summary of the project,
specific requirements, deliverables, timetable for delivery, exclusions, fees, fee schedule
with room for additional project notes. This Agreement contains standard language
used in this type of agreement, however, additional language may be added to suit the
needs of the contracting parties.
                                         AGREEMENT

THIS AGREEMENT (the “Agreement”) made as of ___________ [Instruction: Insert Date],
by and between ___________ [Instruction: Insert Name of Contractor], ___________
[Instruction: Insert Address] (“Contractor”), and ___________ [Instruction: Insert Name of
Property Owner], ___________ [Instruction: Insert Address] (“Client”).

WHEREAS, Client desires to engage the services of Contractor for the purposes of providing
construction services; and subject to the terms and conditions contained herein, Contractor
desires to accept said engagement.

NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter set
forth, the parties hereto agree as follows:

1. Contractor Services. Contractor agrees to provide the construction services (the “Services”)
described in the “Statement of Work”, attached hereto as Exhibit “A”, and incorporated herein
(the “SOW”), upon the schedule and subject to the terms and conditions set forth in the SOW.

2. Client Fees. Client agrees to pay Contractor the fees set forth in the SOW (the “Fees”), upon
the schedule set forth in the SOW. The Fees represents the total fees and charges for the
Services and will not be increased during the term of this Agreement except pursuant to an
Amendment to the SOW.

3. Amendment to the SOW. Any and all additions, deletions, or modifications to the Statement
of Work shall be set forth in writing on an Amendment to the SOW and executed by both parties.
Client reserves the right not to consent to an Amendment to SOW that substantially increases the
Services or the Fee.

4. Miscellaneous.

    A. This Agreement constitutes the entire agreement between the parties hereto with respect
to the specific subject matter hereof and supersedes all prior agreements or understandings of any
kind with respect to the specific subject matter hereof.

    B. In the event that any provision or part of this Agreement shall be deemed void or invalid
by a court of competent jurisdiction, the remaining provisions or parts shall be and remain in full
force and effect.

    C. Any modification to this Agreement must be in writing and signed by the parties or it
shall have no effect and shall be void.

    D. This Agreement is binding upon and shall inure to the benefit of the respective
successors, licensees and/or assigns of the parties hereto. Notwithstanding the foregoing, neither
party may assign or transfer its rights or delegate its obligations under this Agreement without
the other party's prior written consent, which will not be unreasonably withheld.
    E. The waiver by either party of a breach or violation of any provision of this Agreement
shall not constitute a waiver of any subsequent or other breach or violation.

    F. This Agreement shall be governed in accordance with the laws of the State of
_____________ [Instruction: Insert State], applicable to agreements to be wholly performed
therein.

    G. In the event of any dispute between the parties arising out of this Agreement, the dispute
shall be resolved by arbitration under the rules of the American Arbitration Association by an
arbitrator agreed upon in writing by the parties. In the event the parties cannot agree upon the
choice of an arbitrator, each party shall appoint one individual representative and the two party
representatives shall, between themselves, chose an arbitrator.

   H. In the event of any dispute between the parties arising out of this Agreement, the
prevailing party shall be entitled to recover its attorney fees and costs.

IN WITNESS WHEREOF the parties have duly executed this Agreement as of the date first
written above.


CONTRACTOR:


________________________________ [Instruction: sign]
By: ___________________________ [Instruction: Insert Name of Signatory]
Title: ___________________________ [Instruction: Insert Title of Signatory]


CLIENT:


________________________________ [Instruction: sign]
By: ___________________________ [Instruction: Insert Name of Signatory]
Title: ___________________________ [Instruction: Insert Title of Signatory]
                          Exhibit “A”
                   Statement Of Work (SOW)

Project Name
   Submitted                    Project Category
     By
Contact Email                    Project Code
Contact Phone                    Current Date


General Project
 Description




                      Included in Project
Specific Project
 Requirements




 Deliverables




 Timetable for
 Deliverables




                    Excluded From Project
 What shall be
excluded by this
    Project?




                        Fees

    Fee(s)




 Fee Schedule




                   Additional Notes


     Notes
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Description: This Construction Statement of Work with Binding Agreement Provision is a short agreement which states that the contractor agrees to provide the services described in the Statement of Work, and that the Client agrees to pay the fees set forth in the Statement of Work.  The Statement of Work includes a general summary of the project, specific requirements, deliverables, timetable for delivery, exclusions, fees, fee schedule with room for additional project notes.  This Agreement contains standard language used in this type of agreement, however, additional language may be added to suit the needs of the contracting parties.