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Garage Free Standing Structure Construction Contract

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Garage Free Standing Structure Construction Contract Powered By Docstoc
					This is an agreement between a contractor and a home owner for the construction of a
garage or other free standing structure on the owner’s property. This agreement
contains both standard clauses as well as opportunities for customization to ensure that
the understandings of the parties are properly set forth. Customizable clauses include
the work to be performed, the schedule and time of performance, payment schedule,
warranties, and much more. This document is ideal for small businesses that provide
garage or free standing structure construction and home owners that want such
services to be performed on their property.
  GARAGE/FREE STANDING STRUCTURE CONSTRUCTION
                   CONTRACT
       This Agreement made on this _____ of _____, 20__ [Instruction: Insert date.]
(hereinafter the “Agreement”) between _____ [Instruction: Insert Client name and address.]
(hereinafter the "Client") and _____ [Instruction: Insert Contractor name and address.]
(hereinafter the "Contractor"), collectively referred to herein as the “Parties”.

                                        ARTICLE I
                   ENGAGEMENT AND DESCRIPTION OF THE WORK

   A. Client engages Contractor and Contractor agrees to provide all necessary services,
      materials and labor necessary for the completion of the construction of _____
      [Instruction: Insert project description.] upon _____, [Instruction: Insert property
      address.] which is the lawful property (the “Property”) of Client (the “Project”),
      including but not limited to, all building and construction materials, requisite labor,
      training and site security, 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 Client. Contractor shall provide Client with
      any and all applicable warranty materials received by Contractor. In the event any such
      warranty is transferrable and requires transfer to the Client to remain in full force and
      effect, Contractor 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.

   B. This Agreement shall be comprised of the following: the Construction Contract,
      Addenda, Drawings, Photos or other visual representations of the proposed work, and
      attached written Modifications to this contract, properly signed and witnessed, each of
      which shall be attached and considered incorporated herein as exhibits, upon the
      agreement to and execution of same by both Parties hereto.

                                        ARTICLE II
                       SCHEDULE AND TIME OF PERFORMANCE

   A. Contractor will begin work on _____ [Instruction: Insert commencement date.] and the
      work is estimated to be completed by _____ [Instruction: Insert anticipated
      completion date.], subject to any change orders or other factors as set forth herein.

   B. Optional language: As this project is time sensitive, Contractor will be assessed a fee of
      _____ [Instruction: Insert dollar amount of fee.] per day that work is not completed
      after the final deadline of _____ [Instruction: Insert final deadline date.], unless Client
      consents to a specified extension or unless such delay is due to any change order
      specified by Client or Client default hereunder, or otherwise due to any delay or fault of
      Client. Additional damages will be assessed and liquidated damages will be deducted



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      from the total payment amount due to Contractor under the payment schedule specified in
      this Agreement.

   C. In the event that Client and Contractor agree on changes to the Project after this
      Agreement is executed, the Parties will agree to new time deadlines that are reasonable in
      light of the modifications.

   D. Any and all portions of the Project which require inspection and/or testing and/or
      certification by any applicable governmental or quasi-governmental agency or authority
      shall be so inspected as and when necessary prior to continuance of further work on the
      Project. Contractor shall make reasonable efforts to schedule any and all such inspection
      and/or testing and/or certification and notify Client of each such inspection and/or testing
      and/or certification. Any and all such inspections and/or testing and/or certifications
      shall be performed at the sole expense of the Client. Failure to follow this requirement
      will be grounds for termination of the contract.

   E. Any materials to be supplied by the Owner shall be delivered to the job site not less than
      forty-eight (48) hours before the date upon which they will be required by the Contractor
      in order to continue the work described. Failure of the Owner to supply such materials in
      a timely manner, and any delay in work on the Project as a result thereof shall also not be
      considered the Contractor’s responsibility.

                                        ARTICLE III
                                   PAYMENT SCHEDULE

   A. In consideration of the performance of this Agreement, Client agrees to pay the
      Contractor on a payment schedule for the services as set forth in Schedule 1, which
      payment schedule shall set forth the amount Contractor will be paid for performance of
      each and every Project phase, as well as the final payment, among other project
      milestones.

   B. Within three business days of notification by Contractor of each stage of completion as
      agreed to and set forth in Schedule 1, Client or its designee will inspect and approve the
      work, or request any necessary adjustments in the work. Client agrees to make payments
      to Contractor within ten calendar days of approving work. Payment shall only be
      adjusted upon the mutual consent of both Parties due to unforeseen events, upon any
      agreed upon change order or if the parameters of the work are expanded materially
      beyond the terms of this Agreement.

                                        ARTICLE IV
                                        COMPLETION

      The parties agree to the milestones and completion schedule for the Project services as set forth
      in Schedule 2. Upon any written change order entered into and signed by both parties, the
      attached Schedule 2 shall be deemed changed by reference as of the date of such change order
      with respect to any milestone and/or completion date affected by such change order.


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                                        ARTICLE V
                                 CHANGES TO THE WORK

   A. All changes or modifications to the work requested by Client must be made in writing,
      with appropriate adjustments made to total payment and payment schedule. 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. Notification
      of all other changes requested by Client, including but not limited to changes in materials
      must be made in a timely manner. Contractor shall bear no liability for failure to perform
      such requested changes, or additional expenses incurred in removal of previously agreed
      upon work performed hereunder and replacement thereof with requested revised
      materials due to Client’s failure to timely notify Contractor of such requested changes.
      Further, in such instance, Client agrees such changes, including but not limited to
      changes to payment therefor, and completion of applicable milestones, including
      completion date shall be deemed incorporated herein.

   B. If these changes should require additional expense to Contractor, Contractor must make a
      claim for increase in payment, in writing, to Client, in a timely manner. Client must
      approve this claim for increase in writing prior to any changes to the work, project, or
      schedule except as otherwise set forth herein.

                                        ARTICLE VI
                                            DELAYS

   A. If the Contractor is delayed at any time in the commencement or progress of its Work by an act
      or neglect of Owner or any architect, or any subcontractor hired specially by Owner, or of an
      employee of either, or by changes ordered in the Services, or by labor disputes, fire, unusual
      delays in deliveries, unavoidable casualties or other causes beyond the Contractor’s control
      (including but not limited to acts of God, total or substantial destruction of the premises through
      no fault of Contractor, acts of war, actual or threatened acts of terrorism, insurrection or
      hostilities, acts of a public enemy, epidemics or quarantines or other causes similar to those
      enumerated) or by delay authorized by Owner’s pending mediation or arbitration or by other
      causes which the Contractor determines may justify delay, then the completion date shall be
      extended by change order for such reasonable time as Contractor may determine.

   B. In the event of unavoidable casualties, the Contractor shall properly document both the event and
      the impact of that event on project completion to the best of his ability. Documentation shall be
      presented to Client in a timely manner, based on the circumstances surrounding such
      unavoidable casualty.

                                       ARTICLE VII
                                   RIGHT TO STOP WORK

      If Contractor fails to correct defective work or persistently fails to supply materials or
      equipment in accordance with the Agreement, Client may order Contractor to stop the


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      work, or any portion thereof, until the cause for such order has been eliminated. Client
      shall remain liable for payment for services rendered and Project work performed until
      such time as such order to stop work.

                                       ARTICLE VIII
                CLIENT’S REPRESENTATIVE [OPTIONAL LANGUAGE]

   A. Client’s representative or construction manager (“Client Representative”) shall be:
      _____ [Instruction: Insert name.].

   B. Client’s Representative shall be permitted to represent the interests of Client to
      Contractor, and shall make regular site visits to assess work progress. Client’s
      Representative will be scheduled to visit the project site every _____ [Instruction:
      Specify time period.]. In the event of Client’s Representative failure to visit the project
      in accordance with this schedule shall be deemed as approval of Contractor’s work. All
      such visits shall be at the sole cost and expense of Client.

   C. Client’s Representative shall be permitted to assess the work of 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 Contractor and
      direct the Contractor to make modifications to defective or non-conforming work. Any
      such assessment, recommendations and/or acceptance or rejection shall be deemed the
      same as if Client himself had provided same. Client’s Representative’s demands shall be
      reasonable, and Client’s Representative can only reject work if it is defective or
      materially different from the project specifications as agreed upon between Contractor
      and Client.

   D. If Contractor fails to comply with the directions of Client’s Representative, Client’s
      Representative may direct Contractor to stop all work until remedy is reached.

   E. Client agrees that its representative shall, at all times during any such visit to the site,
      comply with Contractor’s instructions and requirements regarding conditions to such visit
      for purposes of site safety and the safety of such representative, as well as applicable laws
      and regulations or industry standards. Such conditions may include, but not be limited to,
      the requirement to wear certain protective safety equipment and/or prohibition to access
      certain areas of the site.

                                        ARTICLE IX
                         ACCESS AND CONDITION OF PREMISES

   A. Free access to the work and project site shall be granted by Contractor to Client, Client’s
      Representative, the designated agents of Client and Client’s Representative and all
      necessary public authorities, subject to Contractor’s instructions and requirements
      regarding conditions upon such visits.




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   B. The Owner shall permit the Contractor to use, at no cost, power and water necessary to
      commence work on, proceed to diligently pursue work on and complete work on the
      Project.

   C. Optional language: Owner agrees as part of this Agreement to permit Contractor use of
      on-site loam to the degree available as necessary for the completion of the Project, and
      neither party hereto shall charge either of the other party hereto for use of such on-site
      loam in such manner. In the event such loam is available but unnecessary for use in
      completion of the Project, parties hereto shall agree, to the extent same is not included in
      the payment schedule hereto, to a mutual understanding regarding the hauling away of
      such loam and a price thereto, or such hauling away shall not be the responsibility of
      Contractor, if such an agreement cannot be amicably reached.

   D. Contractor agrees to keep the premises clean and orderly. Contractor 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.

   E. At the end of each day’s work, Contractor agreement to clean all debris from the work
      area. If the Project is being constructed upon a residential site which is currently
      inhabited, Contractor further agrees to keep the premises clean and orderly and in a
      habitable state and condition, or to reasonably notify Client of any known impending
      period of uninhabitability.

                                        ARTICLE X
                      WORK PERFORMANCE AND WORK QUALITY

   A. Contractor shall conduct his activities in a professional manner and adhere to the
      reasonable wishes of Client in relation to his working schedule, except that Contractor
      shall not be required to perform such work in contradiction to applicable law or standards
      or local custom. Additionally, Contractor’s work shall adhere to and be in compliance
      with standard trade practices, manufacturer specifications and applicable law and
      regulations. In performing the work, the Contractor shall employ a sufficient number of
      workers skilled in their trades to suitably perform the work. In any instance where any
      such worker shall be licensed, Contractor shall ensure such worker maintains such
      licensure.


   B. Contractor shall protect all work adjacent to the Project site from any damage resulting
      from the work of Contractor and shall repair or replace any damaged work at his/her own
      expense. Contractor shall take all precautions to protect persons from injury and
      unnecessary interference or inconvenience.

   C. The Contractor hereby acknowledges and agrees that it shall provide to the Owner upon
      completion of the work, lien waivers, releases or acknowledgements from each



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      subcontractor (other than those specially hired by Owner) or material provider,
      acknowledging that such subcontractor or material provider has been paid in full. The
      Contractor hereby agrees that it shall not use any materials from any supplier without
      obtaining an acknowledgment of full payment for the materials.

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

          a. the Contractor shall complete all Work in a workmanlike manner according to
             standard practices prevalent in the Contractor’s trade;
          b. all Work completed shall comply with all applicable building codes and
             regulations;
          c. Contractor shall timely complete and retain any and all required forms required by
             any applicable local, state or federal reporting agency, including but not limited to
             the Internal Revenue Service and local building code enforcement. However, in
             the event Owner must complete any such forms in order to obtain any benefit, tax
             exemption or abatement or service, and Owner fails to do so Contractor shall not
             be liable for such failure or any loss of benefit, tax exemption or abatement as a
             result of such failure; and
          d. the materials used for the Owner will be free and clear from defects

                                         ARTICLE XI
                                           WARRANTY

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

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

                                        ARTICLE XII
                 INDEMNIFICATION AND LIMITATIONS ON LIABILITY

   A. Client agrees to hold harmless, indemnify and defend Contractor 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 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 Contractor.



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   B. Contractor agrees to hold harmless, indemnify and defend Client 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 Contractor under this Agreement, any breach of the
      Agreement by Contractor, or any omission or negligent act by Contractor in connection
      with this Agreement, provided that such negligent act, omission, or error was not done at
      the direction of Client.

                                        ARTICLE XIII
                                           INSURANCE

      Client shall be responsible for maintaining full insurance coverage on the work site in
      both Client’s and Contractor’s name. The Contractor 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-contractors.

                                        ARTICLE XIV
                                   LICENSES AND PERMITS

      Contractor will be responsible for obtaining the necessary permits and licenses to fulfill
      the services as specified in this Agreement. [Comment: This language may be revised
      as per the agreement between the parties as to who will obtain/maintain any
      necessary permits.]

                                        ARTICLE XV
                                              FINES

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

                                        ARTICLE XVI
                                 RELATIONSHIP OF PARTIES

      The relationship created between the Parties 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. The Client hereby
      acknowledges and agrees that the Contractor shall perform all of the Services
      contemplated herein independent of the Client’s supervision, being only responsible for


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      satisfactory completion of the Project. The Client hereby acknowledges and agrees that
      the Contractor may at times use subcontractors for part of the Services to be performed,
      but shall be solely responsible for supervising the work of any subcontractors, the quality
      of work such subcontractors produce and the payment of any such subcontractors. In the
      event Client requests a particular subcontractor for any portion of the Services, it shall be
      Client’s sole obligation to pay such subcontractor. In such instance, Client shall bear sole
      responsibility for the quality of work such subcontractor produces.

                                      ARTICLE XVII
                        ARBITRATION [OPTIONAL LANGUAGE]

   A. 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.

   B. The arbitrator shall be selected using AAA procedures. The Arbitrator shall render a
      written decision within thirty calendar days of the hearing. The arbitrator may award
      attorney’s fees or punitive, incidental, consequential, treble or other multiple or
      exemplary damages.

   C. 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.

                                     ARTICLE XVIII
                                          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.

   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.

   C. The Contractor acknowledges and agrees that it shall be solely responsible to pay any and
      all incomes taxes while performing the construction services under this Agreement. The
      Contractor further acknowledges that the Client will not at any time withhold any taxes
      from the Client’s payments to the Contractor under this Agreement for the purposes of
      income tax or any other applicable taxes.




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   D. This Agreement will be interpreted and enforced under the laws of The State of _____
      [Instruction: Insert State.], without regard to conflict of laws.

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

   F. 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.

   G. 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 Contractor at:

                      ______________________

                      ______________________

                      Attention: _____________
                      Fax No: (____) _________

      (b)     if to the Client 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
      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.



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   H. 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.

   I. 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.

   J. 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.

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

IN WITNESS WHEREOF, the Parties hereto execute this Agreement:

CLIENT                                              CONTRACTOR



Authorized Signature                                Authorized Signature


Name and Title                                      Name and Title




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                                Schedule 1




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                                Schedule 2




© Copyright 2012 Docstoc Inc.                13

				
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Description: This is an agreement between a contractor and a home owner for the construction of a garage or other free standing structure on the owner’s property. This agreement contains both standard clauses as well as opportunities for customization to ensure that the understandings of the parties are properly set forth. Customizable clauses include the work to be performed, the schedule and time of performance, payment schedule, warranties, and much more. This document is ideal for small businesses that provide garage or free standing structure construction and home owners that want such services to be performed on their property.