Residential Tenant Improvement Construction Contract


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									This attorney reviewed Residential Tenant Improvement Construction Contract sets
forth the terms of an agreement between a home owner and tenant for the performance
of certain home repair construction services to be performed within a residential rental
unit. This particular document format indicates that the tenant will be performing the
work at his sole cost and expense. The document contains standard contract terms as
well as optional language and opportunities for complete customization to ensure the
particular specifications between the parties are met.

         This Agreement made on this _____ of _____, 20__ [Instruction: Insert date.]
(hereinafter the “Agreement”) between _____ [Instruction: Insert Landlord name and
address.] (hereinafter the "Landlord") and _____ [Instruction: Insert Tenant name and
address.] (hereinafter the "Tenant"), collectively referred to herein as the “Parties”. Landlord
hereby represents and warrants Landlord is the sole, lawful owner of the property located at
_____ (hereinafter, the “Premises”) [Instruction: Insert property address, including unit
number, if applicable.]. Tenant lawfully resides and occupies the Premises pursuant to a
certain tenancy agreement entered into by and between Landlord and Tenant. As of the date of
this Agreement, Landlord and Tenant agree that Tenant is not in default or breach of any
provision of the tenancy agreement, or such default or breach has been waived by Landlord in so
far as is necessary to enter into this Agreement. Pursuant to that certain tenancy agreement
entered into between Landlord and Tenant, Tenant shall be permitted to make certain agreed
upon improvements to the premises.

                                           ARTICLE I


        Landlord hereby permits Tenant to complete, or have completed by a licensed and
        insured contractor (where same is necessary by applicable law or regulation) and Tenant
        agrees to provide or have provided all necessary services, materials and labor necessary
        for the completion of _____ [Instruction: Insert project description.] (the ‘Project”),
        including but not limited to, all building and construction materials, requisite labor, and
        all necessary tools and machinery needed for project completion. All construction
        materials should be new and of good quality, in compliance with all applicable laws and
        codes and shall be covered by a manufacturer’s warranty, if applicable, unless previously
        specified by Landlord. Tenant shall provide Landlord with any and all applicable
        warranty materials received by Tenant. In the event any such warranty is transferrable
        and requires transfer to the Landlord to remain in full force and effect, Tenant shall, to
        the best of its ability, perform all such actions and complete any and all such forms
        necessary to transfer any and all such warranties. [Optional language: Parties may
        revise the above to indicate that Landlord is providing all materials.]

                                          ARTICLE II

                                    PAYMENT SCHEDULE

        Tenant, at his sole cost and expense, shall pay for all such necessary services, materials
        and labor necessary for the completion of the Project. In the event any contractor or
        subcontractor is hired by Tenant (for purposes of this Agreement, each such contractor or
        subcontractor, as the case may be shall respectively be a “Contractor”), Tenant shall bear

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        the sole cost and expense of choosing same, and paying for the services of any and all
        such Contractors. At all times, Tenant shall ensure that the payment of any and all such
        Contractors do not result at any time in the filing of a mechanics, materialman’s, or other
        lien upon any portion or all of the Premises.

        Tenant and Landlord hereby further expressly acknowledge and agree that performance
        of any work on or with respect to the Project shall not act as any limitation on Tenant’s
        obligation to pay rent due to Landlord or perform any and all other obligations pursuant
        to the Parties’ tenancy agreement.

                                          ARTICLE III


        The parties that completion of the work must be done prior to the end of Tenant’s tenancy
        agreement. The parties hereto acknowledge and agree that upon the termination of
        Tenant’s tenancy agreement, the materials and labor provided to complete the Project
        shall be considered a fixture upon the Premises and become the sole property of
        Landlord, at no cost and expense to Landlord, except as otherwise set forth herein.

                                          ARTICLE IV

                                   CHANGES TO THE WORK

        All changes or modifications to the work agreed to between the Parties herein must be
        made in writing, and Tenant must obtain Landlord’s approval prior to substantive
        modifications to the Project itself.

                                           ARTICLE V

                                    RIGHT TO STOP WORK

        If Tenant fails to correct defective work or persistently fails to supply materials or
        equipment in accordance with the Agreement, Landlord may order Tenant to stop the
        work, or any portion thereof, until the cause for such order has been eliminated. In such
        event, and Tenant’s continuance of failure to cure such defects or failure to supply
        materials or equipment in accordance with this agreement, Landlord may then enter upon
        the premises to cure such defect. Any cure by Landlord shall be at Tenant’s sole cost and
        expense. In such event, Landlord shall supply Tenant with an invoice for materials,
        supply and/or labor, as the case may be, for such cure within 30 days of receipt of such
        invoice. Tenant shall make payment to Landlord for any such invoice within 10 business
        days of receipt of same.

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                                         ARTICLE VI

                            ACCESS AND CONDITION OF PREMISES

    A. Free access to the work and project site shall be granted by Tenant to Landlord and all
       necessary public authorities.

    B. Tenant agrees to keep the premises clean and orderly and in a habitable state and
       condition. Tenant shall remove all debris and garbage as needed during the hours of
       work in order to maintain work and habitability conditions free of health or safety
       hazards. Tenant hereby waives his right of habitability within the unit for any condition
       caused by Tenant’s performance of the work agreed to hereunder.

    C. At the end of each day’s work, Tenant agreement to clean all debris from the work area
       and leave all appliances and facilities in good working order except as follows: _____
       [Instruction: Insert any applicable language.]

    D. At the end of each day’s work, Tenant’s equipment shall be stored in the following
       location: _____ [Instruction: Insert location information.].

    E. Tenant agrees to confine all work-related activity, materials and products, including dust
       and debris, to the following areas: _____ [Instruction: Insert location information.].

                                         ARTICLE VII


    A. Tenant shall conduct his activities in a professional manner and adhere to the reasonable
       wishes of Landlord in relation to his working schedule, except that Tenant shall not be
       required to perform such work in contradiction to applicable law or standards or local
       custom. In no instance shall Tenant commence work on any weekday prior to _____ or
       continue working past _____, and further, in no instance shall Tenant commence work on
       any weekend or holiday prior to _____ or continue working past _____ [Instruction:
       Insert applicable information. Also, please consider whether any particular
       religious objections may be made regarding work hours, and days.]. Additionally,
       Tenant’s work shall adhere to and be in compliance with standard trade practices,
       manufacturer specifications and applicable law and regulations. Tenant shall at all times
       maintain any necessary license or employ a Contractor who maintains any necessary
       license for performing the Work specified hereunder. In any instance where any such
       Contractor shall be licensed, Tenant shall ensure such Contractor maintains such

    B. Tenant shall protect all work adjacent to the Project site from any damage resulting from
       the work of Tenant and shall repair or replace any damaged work at his/her own expense.

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        Tenant shall take all precautions to protect persons from injury and unnecessary
        interference or inconvenience.

    C. The Tenant hereby acknowledges and agrees that it shall provide to the Owner upon
       completion of the work, lien waivers, releases or acknowledgements from each
       Contractor (other than those specially hired by Owner) or material provider,
       acknowledging that such Contractor or material provider has been paid in full. The
       Tenant hereby agrees that it shall not use any materials from any supplier without
       obtaining an acknowledgment of full payment for the materials.

    D. The Tenant hereby represents and warrants to the Owner as follows:

            a. the Tenant shall complete all Work in a workmanlike manner according to
               standard practices prevalent in the Tenant’s trade;
            b. all Work completed shall comply with all applicable building codes and
               regulations; and
            c. the materials used for the Owner will be free and clear from defects.

                                          ARTICLE VIII


    A. Tenant hereby warrants that the work performed and the Project completed will meet the
       standards set forth and agreed upon by the Parties. Tenant agrees to fix and otherwise
       remedy any defects in Tenant’s work found by Landlord in the work within _____
       [Instruction: specify time period.] at Tenant’s own cost.

    B. Tenant is only responsible for damage resulting to the Project from negligence,
       dangerous activities, disregard of professional standards of care normally exercised
       within the industry, or breach of any governmental statute, ordinance, local rule or law.

                                           ARTICLE IX


        Tenant agrees to hold harmless, indemnify and defend Landlord and each individual or
        entity that is an agent, affiliate, partner, officer or stockholder against any and all claims,
        losses, liabilities, damages and expenses, including legal fees, fines, judgments,
        settlement amounts all made in connection with, or arising from errors in any
        representation or warranty made by Tenant under this Agreement, any breach of the
        Agreement by Tenant, or any omission or negligent act by Tenant in connection with this
        Agreement, provided that such negligent act, omission, or error was not done at the
        direction of Landlord.

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                                           ARTICLE X


    A. Each of the parties shall remain responsible to insure the property as set forth in the
       tenancy agreement.

    B. The Tenant shall be responsible for insurance to protect against any property damage,
       bodily injury, or death or other claims for damages that may result from the commission
       of the work, including worker’s compensation insurance for its employees or sub-
       Tenants. Further, Tenant shall be responsible for the payment of any necessary deductible
       payments and other uninsured costs, in the event any such payments are necessary as a
       result of a loss resulting from work on the Project.

    C. Any insurance proceeds obtained for a loss caused by the performance of the Work shall
       be placed into a trust account, which proceeds shall be disbursed as restoration work
       proceeds, according to the schedule set forth by the insurance company.

                                          ARTICLE XI

                                   LICENSES AND PERMITS

        Tenant will be responsible for obtaining the necessary permits and licenses to permit
        Tenant to fulfill the services as specified in this Agreement.

                                          ARTICLE XII


        Tenant is responsible for maintaining proper work, safety, and environmental protection
        standards. Tenant agrees to hold Landlord harmless for all fines from federal, state, or
        local agencies and regulators incurred by Tenant as a result of Tenant’s work in
        connection with the Project. Tenant will work in compliance with all standards required
        by the EPA, OSHA, and other applicable federal agencies. Tenant will be responsible for
        paying all fines and judgments levied by these agencies resultant from the performance of
        this Agreement.

                                         ARTICLE XIII


    A. Both Parties are expressly prohibited from assigning this Agreement or any rights or
       interest flowing from this Agreement. Assignment will only occur with the express
       written consent of both Parties.

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    B. This Agreement contains the entire agreement and understanding between the Parties and
       supersedes any prior or contemporaneous written or oral agreements, representations and
       warranties between them respecting the subject matter of this Agreement. This
       Agreement will be interpreted and enforced under the laws of The State of _____
       [Instruction: Insert State.], without regard to conflict of laws.

    C. This Agreement may only be amended, modified or supplemented by a written agreement
       signed by each party.

    D. No waiver of or consent to departure from the requirements of any provision of this
       Agreement shall be binding against any party unless the same is in writing and is signed
       by such party and then such waiver or consent shall be effective only in the specific
       instance and for the specific purpose for which it has been given. No failure on the part
       of any party to exercise, and no delay in exercising any right under this Agreement shall
       operate as a waiver of such right. No single or partial exercise of any such right shall
       preclude any other or further exercise of such right or the exercise of any other right.

    E. Any notice or other communication required or permitted to be given hereunder or for the
       purposes hereof to any party shall be in writing and shall be sufficiently given if
       delivered personally to such party, or if sent by prepaid registered mail or if transmitted
       by telecopier to such party:

        (a)     if to the Tenant at:



                        Attention: _____________

                        Fax No: (____) _________

        (b)     if to the Landlord at:



                        Attention: _____________

                        Fax No: (____) _________

        or at such other address as the party to whom such notice is to be given shall have last
        notified the party giving such notice. Any notice delivered to the party to whom it is
        addressed as provided herein shall be deemed to have been given and received on the day

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        it is so delivered at such address, provided that if such day is not a business day, then the
        notice shall be deemed to have been given and received on the next business bay. Any
        notice mailed as provided herein shall be deemed to have been given and received on the
        third business day following the date of its mailing provided that no postal strike is then
        in effect or comes into effect within two business days after such mailing. Any notice
        transmitted by telecopier shall be deemed given and received on the day of its
        transmission if such day is a business day and if not on the next business day.

    F. This Agreement may be signed in one or more counterparts, each of which when
       exchanged will be deemed to be an original, binding upon the parties as if a single
       document had been signed by all, and all of which when taken together will constitute the
       same agreement. Any true and correct copy of this Agreement made by customary,
       reliable means (e.g., photocopy or facsimile) shall be treated as an original.

    G. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable,
       the other provisions of this Agreement will be unimpaired and the invalid or
       unenforceable provision will be deemed modified so that it is valid and enforceable to the
       maximum extent permitted by law.

    H. The descriptive headings used herein are for convenience of reference only and they are
       not intended to have any effect whatsoever in determining the rights or obligations of the
       parties hereto.

    I. The pronouns used herein shall include, where appropriate, either gender or both,
       singular and plural.

IN WITNESS WHEREOF, the Parties hereto execute this Agreement:

 LANDLORD                                               TENANT

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