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Apartment Remodeling Agreement

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Apartment Remodeling Agreement Powered By Docstoc
					This document is a remodeling agreement between a contractor and the apartment
owner or renter. This agreement outlines the terms and conditions for a remodeling
project, including the price, costs of material and labor, time schedule for the project,
contractor insurance, and liens, waivers and releases that the contractor shall provide to
the client on behalf of each subcontractor. The document contains standard clauses but
can be modified to fit the needs of the contracting parties, including attaching a
schedule of services.
          APARTMENT REMODELING AGREEMENT

                THIS      APARTMENT            REMODELING AGREEMENT            (the
“Agreement”), entered into this ____ day of _____________, 2______, by and between
____________________ (the “Client”) and __________________ (the “Contractor”)
collectively referred to herein as the “Parties”.

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

                AND WHEREAS, the Client wishes to obtain the Services of Contractor i
for the following remodeling project : __________________________ (enter description
of services or work to be completed by the Contractor) (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          The Client and the Contractor hereby agree that the Contractor
shall provide and perform the Services for the Client at the Client’s apartment located at
______________________ (the “Apartment”) for the purposes of completing the Project.

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

        1.03           The 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 the Contractor commencing
the Services.

        1.04           The 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, including
the posting of bond if a requirement of the municipality.

2.00           CONSIDERATION

        2.01          The Client hereby agrees that it shall pay to the Contractor in
respect of the Services provided by the Contractor for completion of the Project, in the
amount of ________________________ ($____________) Dollars (the “Consideration”)



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plus all applicable taxes and all costs incurred by the Contractor for materials used in
respect of the Project.

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

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

3.00           COMMENCEMENT AND COMPLETION DATE

        3.01           The Client and the Contractor hereby acknowledge and agree that
the Services to be performed by the 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             The Client and the 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            The Client and the Contractor hereby acknowledge and agree that
the 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           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 satisfactory completion of the Project.

        4.03           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 and for the quality of
work such subcontractors produce.




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5.00           COMPLIANCE BY CONTRACTOR

         5.01          The 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 the
Client and shall provide to the Client copies of such licensing compliance prior to the
commencement of the Services upon request.

6.00           LIABILITY AND INSURANCE

       6.01          The Contractor shall maintain at all times a minimum a standard
commercial public liability and property damage insurance with a
____________________ ($____________) Dollar coverage limit and having the
Contractor insured together with all other Provincially/Stated legislated workers
compensation insurance coverage and any other insurance as may be reasonably required.

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

7.00           LIENS AND WAIVERS

       7.01           The Contractor hereby acknowledges and agrees that it shall
provide to the 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        The 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 the Contractor in connection with the
Services shall be new, in compliance with all applicable laws and codes and shall be
covered by a manufacturer’s warranty, if applicable.

9.00           REPRESENTATIONS AND WARRANTIES

       9.01            The Contractor hereby represents and warrants to the Client as
follows:

               (i)     the Contractor shall complete all Services in a workmanlike
                       manner according to standard practices prevalent in the


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                       Contractor’s trade;
               (ii)    all Services completed shall comply with all applicable building
                       codes and regulations; and
               (iii)   the materials used for the Services will be free and clear from
                       defects.

10.00          DISPUTE RESOLUTION

       10.01          The Client and the Contractor hereby acknowledge and agree that
should any 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           The Contractor hereby agrees that it shall hold harmless and
indemnify the Client for all damages, costs and attorney fees that may arise out of harm
caused to the Contractor, subcontractors or any other third party, known or unknown, by
the 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 Province /State of _____________________________.

        12.02          The Contractor under this Agreement and any contract entered into
pursuant to the terms hereof the Contractor’s liability 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 the
Contractor without the express written consent of the Client which consent may be
withheld in the 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,


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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 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.

                                                     (CONTRACTOR)
                                                     Per:



                                                     Name:
                                                     Title:
                                                     I have     authority   to   bind   the
Company.




Witness:                                             Client




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                                SCHEDULE A
                                 SERVICES




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DOCUMENT INFO
Description: This document is a remodeling agreement between a contractor and the apartment owner or renter. This agreement outlines the terms and conditions for a remodeling project, including the price, costs of material and labor, time schedule for the project, contractor insurance, and liens, waivers and releases that the contractor shall provide to the client on behalf of each subcontractor. The document contains standard clauses but can be modified to fit the needs of the contracting parties, including attaching a schedule of services.
This document is also part of a package Home and Apartment Owners Bundle 13 Documents Included