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This Exterior Painting Contract for Commercial Premises can be used by an owner of a commercial property building or by a painting contractor. This agreement contains important terms necessary to create a binding agreement including an identification of the parties, description of the premises, description of the work to be performed, and the rights and responsibilities of the parties. This form contains both standard clauses and opportunities for the use of optional terms and conditions making it fully customizable to fit the needs of the contracting parties.
This Exterior Painting Contract for Commercial Premises can be used by an owner of a commercial property building or by a painting contractor. This agreement contains important terms necessary to create a binding agreement including an identification of the parties, description of the premises, description of the work to be performed, and the rights and responsibilities of the parties. This form contains both standard clauses and opportunities for the use of optional terms and conditions making it fully customizable to fit the needs of the contracting parties. PAINTING CONTRACT COMMERCIAL PREMISES EXTERIOR THIS PAINTING CONTRACT FOR COMMERCIAL PREMISES (the “Agreement”), made this ____ day of ________________, 2_____ (the "Effective Date"), by and between ______________ (the “Contractor”) and ____________________ (the “Client”) for the exterior painting of the Client’s commercial premises located at _______________________ (the “Premises”). RECITALS: I. The Client wishes to obtain the services of the Contractor for the purposes of painting the exterior portion of the Premises; and II. The Contractor desires to provide its exterior painting services to the Client pursuant to the terms and conditions contained herein. NOW THEREFORE for good and valuable consideration of the mutual covenants and agreements contained herein, the receipt and adequacy of which is hereby acknowledged, the Contractor and the Client hereto covenant and agree as follows: 1. TERMS AND CONDITIONS OF SERVICES: A. The Contractor shall provide to the Client exterior painting services of the Premises. The Contractor shall perform all of the Work associated with the painting by the Contractor of the exterior of the Premises (the “Work”) in accordance with the Client’s specific plans, specifications and deadlines. Such plans and specifications are contained on Schedule “A” attached hereto and incorporated herein. B. The Contractor shall be solely responsible for providing all of the necessary equipment and materials required to perform the Work, including but not limited to, all paint brushes, paint rollers and accessories, drop sheets or cloths, painters tape, caulking guns, pails, scrapers, drywall repair tools, wire brushes and © Copyright 2012 Docstoc Inc. 2 cleaning supplies. All paint shall be supplied by the _____________ [Contractor/Client]. C. The Contractor shall perform the Work in a professional and workmanlike manner at all time or times and shall complete all of the Work by the required deadline and within the required work schedule. D. The Contractor shall perform all of the necessary Work in respect of the clean up and disposal of all paint and paint related debris from the Premises upon completion of the Work. E. Any and all surplus paint shall be [retained by the Contractor/returned to the Client]. F. The Contractor shall be solely responsible for the payment of any and all wages and salaries that may be due or become due and owing to any of the Contractor’s employees for the Work performed by such employees at the Premises. The Contractor shall also be solely responsible for the collection and remittance of any mandatory deductions from the wages and salary of an employee of the Contractor. G. The Contractor shall at all time or times, maintain general liability and Worker’s Compensation insurance in an amount to be determined by the Contractor that meets the minimum requirements for the Work to be performed by the Contractor and its employees. The Client shall, at all time or times, maintain insurance on the Premises. All such insurance shall be kept in full force and effect until the Work is completed. The Contractor shall supply a copy of such insurance coverage in place to the Client prior to the commencement of the Work. H. The Contractor shall take all of the necessary precautions and measure to prevent fire hazards and spontaneous combustion while working with any toxic or flammable solvents on the Premises. Smoking shall not be permitted on the Premises by the Contractor or any of its employees while performing the Work. I. During the Contractor performing the Work, the Client shall not, without the Contractor’s prior written consent, direct or attempt to direct any of the Contractor’s employees or subcontractors who are involved in performing the Work. © Copyright 2012 Docstoc Inc. 3 J. Upon completion of the Work, the Contractor and the Client shall conduct a complete inspection of the Premises. During the inspection of the Premises, the Client and the Contractor shall agree on any matters which the Contractor elects to repair, modify or replace. Any such agreement between the Contractor and the Client shall be in writing and executed by each of the Contractor and the Client. Any and all matters which are not expressly set forth in such written agreement shall be conclusively deemed acceptable to the Client and the Contractor and the Contractor shall have no further obligations or liability in respect to such matters. 2. COMMENCEMENT AND COMPLETION DATE A. The Contractor shall commence the Work by no later than the ____ day of ________, 2______ (the “Commencement Date”), unless otherwise agreed by the Contractor and the Client in writing. The Contractor shall complete the Work by the ____ day of _________, 2____ (the “Completion Date”), unless otherwise agreed by the Contractor and the Client in writing. B. In the event the Contractor cannot commence the Work by the Commencement Date or complete the Work by the Completion Date, the Contractor shall provide notice of such to the Client immediately. 3. FEES A. The Client and the Contractor hereby agree that the Client shall pay a total sum of _____________ ($________) Dollars to the Contractor for completion of the Work at the Premises (the “Fees”). B. Upon execution of this Agreement by the Contractor and the Client, the Client shall pay to the Contractor a Deposit in the amount of _________ ($_____) Dollars (the “Deposit”). Such Deposit shall be paid by the Client to the Contractor by way of cash, certified check, bank draft, money order or direct deposit or by such other means as the Contractor and Client may agree. C. Upon the completion of the Work at the Premises, the Client shall pay to the Contractor the balance of the Fees due and owing, subject to adjustments and less the Deposit, in the amount of ____________ ($________) Dollars. The Client shall pay the balance of the Fees due and owing by way of cash, certified check, money order or bank draft, provided the Work has been completed by the Contractor satisfactory to the Client. The balance of the Fees due and owing to © Copyright 2012 Docstoc Inc. 4 the Contractor shall be paid by the Client within ______ (____) days of satisfactory completion of the Work. 4. REPRESENTATIONS AND WARRANTIES OF CONTRACTOR A. The Contractor represents and warrants to the Client as follows: i. that the Contractor and any of the Contractor’s employees or sub- contractors have the necessary skills and licensing requirements to perform the Work at the Premises; ii. that the Contractor has obtained any and all permits and licenses required by the governing jurisdiction to perform the Work at the Premises; iii. that the Contractor will at all times during the performance of the Work, adhere to all health and safety regulations that may be in place by the Client and the governing jurisdiction; iv. that the Contractor has the full right and authority to enter into this Agreement with the Client. 5. SCHEDULING OF WORK A. The Contractor agrees that it shall not deliver any material or equipment to the Premises or commence the Work until the Client receives written notice from the Contractor to do so. B. The Contractor and shall perform the Work on Work Days. The term “Work Days” shall mean the days commencing Monday through Friday between the hours of _______ a.m. and _______ p.m. In the event the Contractor needs to work beyond the hours of the Work Days, the Contractor shall first obtain the consent of the Client to do so. 6. TERMINATION OF AGREEMENT © Copyright 2012 Docstoc Inc. 5 A. This Agreement shall be terminated in the event any of the following occur: i. where an execution or any other process of any court shall become enforceable against one party or a distress or analogous process shall be levied upon the property of one party or any part thereof then in either event the other party, at its sole option, may terminate this Agreement; ii. where one party shall become insolvent or commit an act of bankruptcy, or make an assignment in bankruptcy or a bulk sale of its assets or a bankruptcy petition shall be filed or presented against a party and not be bona fide opposed by such party the other party, at its sole option, may terminate this Agreement; or iii. either party may terminate this Agreement where the other has ceased to carry on the business contemplated by this Agreement and as was being carried on as of the date hereof. 7. GENERAL PROVISIONS A. This Agreement shall be governed by and interpreted according to the laws of the State of ____________________ as amended from time to time. B. The Client’s liability shall be strictly limited to the value of the Work agreed to be performed and for greater certainty the Client shall not be liable for any general, special, incidental or consequential damages including, but not limited to, property and equipment damage, loss of production, loss of profits, loss of revenue, or any other business or economic disadvantage suffered by the Contractor on account of any default or negligence of the Contractor. The Contractor agrees to indemnify and save the Client harmless from any claims or judgments brought or made against it in contravention or excess thereof. C. This Agreement may not be assigned or transferred by either party without the express written consent of the other party which consent may be withheld in the discretion of the consenting party. D. This Agreement and the Schedules referred to herein constitute the entire agreement between the parties and supersede all prior agreements, representations, warranties, statements, promises, information, arrangements and © Copyright 2012 Docstoc Inc. 6 understandings, whether oral or written, express or implied, with respect to the subject matter hereof. The parties further acknowledge and agree that, in entering into this Agreement, they have not in any way relied, and will not in any way rely upon any oral or written agreements, representations, warranties, statements, promises, information, arrangements or understandings, express or implied, not specifically set forth in this Agreement or in such schedules, documents or instruments. E. Each provision of this Agreement is intended to be severable. If any provision hereof is illegal or invalid, such illegality or invalidity shall not affect the validity of the remainder hereof. F. This Agreement shall be binding upon and enure to the benefit of the parties and their respective heirs, administrators, executors, successors and permitted assigns. Nothing herein, express or implied, is intended to confer upon any person, other than the parties and their respective heirs, administrators, executors, successors and permitted assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement. IN WITNESS WHEREOF, the Contractor and the Client have executed this Agreement as of the day and year first written above. (CONTRACTOR) Per: Name: Title: (CLIENT) Per: © Copyright 2012 Docstoc Inc. 7 Name: Title: . © Copyright 2012 Docstoc Inc. 8 SCHEDULE “A” PLANS AND SPECIFICATIONS © Copyright 2012 Docstoc Inc. 9
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