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Contract for Construction of Building Designed by an Engineer
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					            Contract for Construction of Building Designed by an Engineer

        Agreement made on the (date), between (Name of Owner) of (street address,
city, state, zip code), referred to herein as Owner, and (Name of Contractor), a
corporation organized and existing under the laws of the state of (name of state), with
its principal office located at (street address, city, state, zip code), referred to herein as
Contractor.
      For and in consideration of the mutual covenants contained in this Agreement,
and other good and valuable consideration, the parties agree as follows:
1.     Scope of Work.
       A.   Contractor shall complete all Work as specified in the Contract
       Documents. The Work is generally described as follows: (describe work).

       B.    The Project for which the Work under the Contract Documents may be the
       whole or only a part is generally described as follows: (describe project).

2.      Engineer. The Project has been designed by (Name of Engineer), whose
address is (street address, city, state, zip code), and is hereinafter referred to as the
Engineer. Said Engineer will assume all duties and responsibilities and will have the
rights and authority assigned to Engineer in the Contract Documents in connection with
completion of the Work in accordance with the Contract Documents.

3.     Contract Time.
       A.    The Work will be substantially completed within (number) days after the
       date when the Contract commence to run as provided in Paragraph (number) of
       the General Conditions, and completed and ready for final payment in
       accordance with Paragraph (number) of the General Conditions within (number)
       days after the date when the Contract Times commence to run.

       B.    Liquidated Damages. Owner and Contractor recognize that TIME IS OF
       THE ESSENCE of this Agreement and that Owner will suffer financial loss if the
       Work is not completed within the times specified in Paragraph 3 above, plus any
       extensions allowed in accordance with Article (number) of the General
       Conditions. They also recognize the delays, expense and difficulties in proving
       the actual loss suffered by Owner if the Work is not completed on time.
       Accordingly, instead of requiring any such proof, Owner and Contractor agree
       that as liquidated damages for delay (but not as a penalty), Contractor shall pay
       Owner $____________ for each day that expires after the time specified in
       Paragraph 3 for Substantial Completion until the Work is substantially complete.
       This amount represents an estimate of Owner's damages for loss of use and
       administrative costs associated with delay. After Substantial Completion, if
       Contractor shall neglect, refuse or fail to complete the remaining Work within the
       time specified in Paragraph 3 for completion and readiness or fail to complete
       the remaining Work within the time specified in Paragraph 3 for completion and
       readiness for final payment or any proper extension of it granted by Owner,
     Contractor shall pay Owner $____________ for each day that expires after the
     time specified in Paragraph 3 for completion and readiness for final payment.
     This amount represents an estimate of Owner's damages for loss of use and
     administrative costs associated with the delay.

4.   Contract Price
     A.     Owner shall pay Contractor for performance of the Work in accordance
     with the Contract Documents in current funds at the lump sum or unit prices as
     presented in the Bid Form, which is incorporated and made a part of this
     Agreement by reference.

     B.    The parties agree that the Contract Price is a stipulated sum, except in
     regard to those items in the Bid which are subject to unit prices. As provided in
     Paragraph (number) of the General Conditions, estimated quantities are not
     guaranteed, and determinations of actual quantities and classification are to be
     made by Engineer as provided in Paragraph (number) of the General Conditions.

        Total Price:

        $____________ (In figures)

        $____________ (In words)

5.   Payment Procedures
     A.     Contractor shall submit Applications for Payment in accordance with the
     Contract Documents. Applications for Payment will be processed by Engineer as
     provided in the General Conditions.

     B.     Progress Payments; Retainage. Owner shall make progress payments
     on account of the Contract Price on the basis of Contractor's monthly
     Applications for Payment, as recommended by Engineer, which shall be
     submitted by Contractor the _____ day after the end of each calendar month for
     which payment is requested. All progress payments will be made on the basis of
     the progress of the Work completed.

     C.    Prior to Substantial Completion, progress payments will be made in an
     amount equal to the percentage indicated below, but in each case, less the
     aggregate of payments previously made and less any amounts as Engineer shall
     determine, or Owner may withhold, in accordance with Paragraph (number) of
     the General Conditions:

            1.     _____% of the value of Work completed, with the balance being
            retainage.

            2.    _____% with the balance being retainage, of the value of materials
            and equipment not incorporated in the Work, but delivered, suitably stored
             and accompanied by documentation satisfactory to Owner as provided in
             Paragraph (number) of the General Conditions.

             3.     On Substantial Completion, in an amount sufficient to increase total
             payments to Contractor to _____% of the Contract Price, with the balance
             being retainage, less any amounts as Engineer shall determine, or Owner
             may withhold, in accordance with Paragraph (number) of the General
             Conditions.

      D.     Final Payment. On final completion of the Work in accordance with
      Paragraph (number) of the General Conditions, as supplemented, Owner shall
      pay Contractor an amount sufficient to increase total payments to _____% of the
      Contract Price. However, not less than _____% of the Contract Price shall be
      retained until Record Drawings, specifications, addenda, modifications, and shop
      drawings, including all manufacturers instructional and parts manuals are
      delivered to and accepted by Engineer.

6.   Contractor’s Representations. In order to induce Owner to enter into this
Agreement, Contractor makes the following representations:

      A.     Contractor has examined and carefully studied the Contract Documents
      (including the Addenda listed in Article 7) and the other related data identified in
      the Bidding Documents including "technical data."

      B.     Contractor has visited the site and become familiar with and is satisfied as
      to the general, local and site conditions that may affect cost, progress,
      performance, or furnishing of the Work.

      C.     Contractor is familiar with and is satisfied as to all federal, state, and local
      Laws and Regulations that may affect cost, progress, performance, and
      furnishing of the work.

      D.     Contractor has carefully studied all reports of explorations and tests of
      subsurface conditions at or contiguous to the site and all drawings of physical
    
				
DOCUMENT INFO
Description: Contract for Construction of Building Designed by an Engineer Checklist 1. Name and address of contractor. 2. Name and address of owner. 3. Statement of agreement to enter into contract. 4. General description of project. A. Location. B. Nature of project. C. Scope of project. 5. Name and address of architect or engineer. 6. Contract price. 7. Payment of contract price. price. A. Progress payments. B. Final payment. 8. Contract documents. A. Contractor's bid. B. Contractor's bid bond. 9. Plans, drawings, and specifications -- change orders. 10. Definitions of terms used in contract documents. 11. Conditions for award or rejection of contract. 12. Delivery of bonds. 13. Forfeiture of proposal bond or other bid security. 14. Preparation and review of estimated progress schedule. 15. Qualification of subcontractors and suppliers -- Rejection by owner 16. Commencement of work -- Computation of time for completion 17. Interpretation and effect of contract documents. 18. Insurance. A. Contractor's and owner's liability insurance. B. Property insurance. C. Workers' compensation. 20. Contractor's responsibilities. A. Supervision. B. Furnishing of labor, materials, and equipment. C. Employment of and responsibility for subcontractors. D. Payment of taxes, patent fees, royalties, license and permit fees E. Compliance with applicable laws, ordinances and regulations. F. Protection of persons and property during construction. 21. Owner's responsibilities -- to furnish data in respect to land 22. Architect's or engineer's responsibilities. A. To owner's representative. B. Inspection visits. C. Rejection of defective work. D. Clarification and interpretation of contract documents. E. Settlement of disagreements. 23. Additions, deletions, and revisions in work. A. Written change orders.
PARTNER William Glover
I received my B.B.A. from the University of Mississippi in 1973 and my J.D. from the University of Mississippi School of Law in 1976. I joined the firm of Wells Marble & Hurst in May 1976 as an Associate and became a Partner in 1979. While at Wells, I supervised all major real estate commercial loan transactions as well as major employment law cases. My practice also involved estate administration and general commercial law. I joined the faculty of Belhaven College, in Jackson, MS, in 1996 as Assistant Professor of Business Administration and College Attorney. While at Belhaven I taught Business Law and Business Ethics in the BBA and MBA programs; Judicial Process and Constitutional Law History for Political Science Department); and Sports Law for the Department of Sports Administration. I am now on the staff of US Legal Forms, Inc., and drafts forms, legal digests, and legal summaries. I am a LTC and was Staff Judge Advocate for the Mississippi State Guard from 2004-2008. I now serve as the Commanding Officer of the 220th MP BN at Camp McCain near Grenada, MS. I served on active duty during Hurricanes Dennis (July, 2005), Katrina (August, 2005) and Gustav in 2008. I played football at the University of Mississippi in 1969-1971 under Coach John Vaught. I am the author of the Sports Law Book (For Coaches and Administrators) and the Sports Law Handbook for Coaches and Administrators (with Legal Forms),