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Commercial Remodeling Agreement

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Commercial Remodeling Agreement Powered By Docstoc
					This Remodeling Agreement is a contract between the owner of commercial property
and a contractor for the remodeling of the commercial property. This agreement
includes the terms and conditions for the contractor's duties, payments, description of
the work to be completed, completion dates, and material and labor costs. The 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
document is ideal for commercial property owners to organize and clarify a remodeling
agreement with a contractor.
COMMERCIAL BUILDING REMODELING AGREEMENT

        This Commercial Building Remodeling Agreement (this “Agreement”) is hereby
made and entered into this ____ day of _____________, 2______ by and between
____________________ (“Client”) and __________________ (“Contractor”)
collectively referred to herein as the “Parties”.

       WHEREAS, Contractor provides contracting services (the “Services”) for the
purposes of remodeling; and

      WHEREAS, Client wishes to obtain the Services of Contractor concerning the
remodeling of Client’s commercial property in accordance with the Services outlined in
Schedule “A” attached hereto (the “Project”);

        NOW, THEREFORE, in consideration of the foregoing and of the mutual
promises and covenants contained herein, and other good and valuable consideration, the
receipt of which is hereby acknowledged, the Parties hereto agree as follows:

1.00   SERVICES

        1.01 Client and Contractor hereby agree that Contractor shall provide and
perform the Services for Client at Client’s property located at ______________________
(the “Property”) for the purposes of completing the Project.

        1.02 Client and Contractor hereby acknowledge and agree that the specific
Services to be performed by Contractor for and on behalf of Client to complete the
Project are contained in Schedule “A” annexed hereto.

       1.03 Client hereby acknowledges and agrees that it shall obtain all necessary
permits and approvals from any governmental authorities, including but not limited to,
any zoning, building, or electrical permits, prior to Contractor commencing the Services.

       1.04 Contractor hereby acknowledges and agrees that it shall contact and make
the necessary arrangements with all appropriate authorities for inspections required for
any Services completed in connection with the Project. Contractor shall post bond in
accordance with the requirements of the municipal authority.

2.00   CONSIDERATION

        2.01 Client hereby agrees that it shall pay to Contractor in respect of          the
Services provided by Contractor for completion of the Project, the amount                 of
________________________ dollars ($_______) (the “Consideration”) plus                    all
applicable taxes and all costs incurred by Contractor for materials used in respect of   the
Project.



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        2.02 Client hereby agrees that it shall pay to Contractor the Consideration by
way of cash, check, or certified check, or by such other means as the Parties hereto may
agree in writing.

       2.03 Client shall pay the Consideration due and owing to Contractor plus all
applicable taxes and amounts due and owing to Contractor for all costs incurred by
Contractor in respect of materials used for the Project, upon satisfactory completion of
the Project.

       2.04 Client hereby acknowledges and agrees that interest shall be payable by
Client at the rate of _________ percent (___%) per month on any and all amounts that
remain unpaid to Contractor.

3.00   COMMENCEMENT AND COMPLETION DATE

       3.01 Client and Contractor hereby acknowledge and agree that the Services to
be performed by Contractor in respect of the Project shall commence on the _____ day of
__________, 2________ or at such other date as the Parties hereto in writing may agree.

        3.02 Client and Contractor hereby agree that the Completion Date (the
“Completion Date”) for the Project shall be _____________________, or such other date
as the Parties hereto in writing may agree.

4.00   INDEPENDENT CONTRACTOR

        4.01 Client and Contractor hereby acknowledge and agree that Contractor shall
perform all of the Services contemplated herein for the Project as an independent
contractor and shall at all times or time, use its own tools and equipment for the Services
to be performed.

       4.02 Client hereby acknowledges and agrees that Contractor shall perform all
of the Services contemplated herein independent of Client’s supervision, being only
responsible for satisfactory completion of the Project.

       4.03 Client hereby acknowledges and agrees that 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 and for the quality of work such
subcontractors produce.

5.00   COMPLIANCE BY CONTRACTOR

        5.01 Contractor shall, at all times, be in compliance with all state and local
licensing and registration requirements for the type of Services to be provided to Client
and shall provide to Client copies of such licensing compliance prior to the
commencement of the Services upon request.




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6.00   LIABILITY AND INSURANCE

       6.01 Contractor shall maintain at all times a minimum standard commercial
public liability and property damage insurance with a ____________________ dollar
($____________) coverage limit together with all other state-legislated worker’s
compensation insurance coverage and any other insurance as may be reasonably required.

       6.02 Contractor hereby agrees that it releases and forever discharges Client
from any and all liability for any injuries incurred by Contractor, its employees, or its
subcontractors while performing the Services for Client to the fullest extent allowed by
law.

7.00   LIENS AND WAIVERS

       7.01 Contractor hereby acknowledges and agrees that it shall provide to Client,
upon completion of the Project, lien waivers, releases, or acknowledgements from each
subcontractor or material provider, acknowledging that such subcontractor or material
provider has been paid in full.

       7.02 Contractor hereby agrees that it shall not use any materials from any
supplier without obtaining an acknowledgment of full payment for the materials.

8.00   MATERIALS

       8.01 Any and all material used by Contractor in connection with the Services
shall be new, in compliance with all applicable laws and codes, and be covered by a
manufacturer’s warranty, if applicable.

9.00   REPRESENTATIONS AND WARRANTIES

       9.01   Contractor hereby represents and warrants to Client as follows:

              (i)     Contractor shall complete all Services in a workmanlike manner
                      according to standard practices prevalent in Contractor’s trade;

              (ii)    All Services completed shall comply with all applicable building
                      codes and regulations; and

              (iii)   The materials used for the Services shall be free and clear from
                      defects.

10.00 DISPUTE RESOLUTION

       10.01 Client and Contractor hereby acknowledge and agree that should any


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dispute arise under the terms of this Agreement, the Parties hereto agree to appoint a
mutually-agreeable third party to mediate such dispute.

       10.02 Should any such mediation be deemed unsuccessful, the dispute shall be
decided by a court of applicable jurisdiction. The decision of the judge shall be final and
binding on the Parties.

       10.03 Any fees or costs incurred associated with any such mediation shall be
shared equally by the Parties.

       10.04 Any attorney fees incurred by the prevailing Party shall be paid by the
other Party.

11.00 INDEMNIFICATION

         11.01 Contractor hereby agrees that it shall hold harmless and indemnify Client
for all damages, costs, and attorney fees that may arise out of harm caused to Contractor,
subcontractors, or any other third party, known or unknown, by Contractor’s performance
of the Services.

12.00 GENERAL

       12.01 This Agreement shall be governed by and interpreted according to the
laws of the State of _____________________________.

       12.02 Contractor’s liability, under this Agreement and any other contract entered
into pursuant to the terms hereof, shall be strictly limited to the value of the Services
agreed to be performed.

        12.03 This Agreement may not be assigned or transferred by Contractor without
the express written consent of Client, which consent may be withheld in Client’s
discretion.

        12.04 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 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.

       12.05 This Agreement shall be binding upon and inure to the benefit of the


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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 Parties have executed this Agreement as of the
date first above written.

                                                    CONTRACTOR
                                                    Per:


                                                    Name:
                                                    Title:
                                                    I have authority to bind Contractor.




Witness:                                            Client




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                           SCHEDULE “A”
                             SERVICES




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DOCUMENT INFO
Description: This Remodeling Agreement is a contract between the owner of commercial property and a contractor for the remodeling of the commercial property. This agreement includes the terms and conditions for the contractor's duties, payments, description of the work to be completed, completion dates, and material and labor costs. The 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 document is ideal for commercial property owners to organize and clarify a remodeling agreement with a contractor.
This document is also part of a package Commercial Real Estate Starter Kit 9 Documents Included