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
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
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
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
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cleaning supplies. All paint shall be supplied by the _____________
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
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
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
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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.
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
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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
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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
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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
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.
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PLANS AND SPECIFICATIONS
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