Interior Painting Contract for Commercial Premises

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					This Interior Painting Contract for Commercial Premises document contains all of the
important terms necessary to create a binding agreement including an identification of
the parties, description of the premises and work to be performed and the rights and
responsibilities of the parties. This document in its draft form contains numerous of the
standard clauses commonly used in these types of contracts, as well as optional
language to allow for customization to ensure the specific terms of the parties’
agreement are addressed. This Interior Painting Contract for Commercial Premises can
be used by a commercial property owner and painting contractor.
                    PAINTING CONTRACT COMMERCIAL PREMISES

                                             INTERIOR



       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 interior
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
         interior portion of the Premises; and


 II.     The Contractor desires to provide its interior 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 interior painting services of the
               Premises. The Contractor shall perform all of the Work associated with the
               painting by the Contractor of the interior 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


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                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.




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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.


    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




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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
                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:




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                                Name:

                                Title:

                                .




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                                     SCHEDULE “A”



                                PLANS AND SPECIFICATIONS




© Copyright 2012 Docstoc Inc.                              9

				
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Description: This Interior Painting Contract for Commercial Premises document contains all of the important terms necessary to create a binding agreement including an identification of the parties, description of the premises and work to be performed and the rights and responsibilities of the parties. This document in its draft form contains numerous of the standard clauses commonly used in these types of contracts, as well as optional language to allow for customization to ensure the specific terms of the parties' agreement are addressed. This Interior Painting Contract for Commercial Premises can be used by a commercial property owner and painting contractor.
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