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 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. RESIDENTIAL TENANT IMPROVEMENT CONSTRUCTION CONTRACT 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 ENGAGEMENT AND DESCRIPTION OF THE WORK 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 © Copyright 2012 Docstoc Inc. 2 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 COMPLETION 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. © Copyright 2012 Docstoc Inc. 3 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 WORK PERFORMANCE AND WORK QUALITY 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 licensure. 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. © Copyright 2012 Docstoc Inc. 4 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 WARRANTY 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 INDEMNIFICATION AND LIMITATIONS ON LIABILITY 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. © Copyright 2012 Docstoc Inc. 5 ARTICLE X INSURANCE 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 FINES 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 GENERAL 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. © Copyright 2012 Docstoc Inc. 6 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 © Copyright 2012 Docstoc Inc. 7 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 © Copyright 2012 Docstoc Inc. 8
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