Contract for Construction Work Regarding Improvements to Residential Property
Agreement made on the (date), between (Name of Owner) of (street address, city,
county, state, zip code), referred to herein as Owner, and (Name of Contractor), a corporation
organized and existing under the laws of the state of ______________, with its principal office
located at (street address, city, county, state, zip code), referred to herein as Contractor.
Whereas, Contractor is a construction company licensed by the State of (name of state)
under License No. ________; and
Whereas, Owner desires home improvement construction work (the Work) performed on
his residence at (street address, city, county, state, zip code), hereinafter called the Work Site;
Whereas, Contractor is willing to perform the Work at the Work Site pursuant to the
terms of this Agreement;
Now, therefore, for and in consideration of the mutual covenants contained in this
Agreement, and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
1. Scope of Work
A. The Work to be performed at the Work Site is set forth in Exhibit A attached
hereto and made a part hereof by reference.
B. The Work shall be performed according to the plans and specifications attached
hereto as Exhibit B attached hereto and made a part hereof by reference.
2. Payment Terms
Owner will pay Contractor for performance of the Work described in the preceding
Section the sum of $_________, payable as follows:
A. $___________ upon the execution of this Agreement (the Down Payment); and
B. $____________ on or before the (e.g., 10th) day of each month, beginning in the
month of (name of month), up to and including the month of (name of month).
C. $______________on final completion of the Work and settlement of all claims of
laborers and material suppliers.
3. Time of Performance
The Work shall commence not later than (date), and shall and shall be completed within
(number) calendar days following such date. Contractor shall not be liable for any delay or
nonperformance caused by an act of God, strikes, unavailability of materials, or any other
contingency beyond his control. In the event of delay or nonperformance by Contractor for
causes other than those mentioned above, Contractor shall pay to Owner liquidated damages of
$________ for each day of delay or nonperformance, but in no event shall the amount of such
liquidated damages exceed the total contract price provided in this Agreement.
A. This Agreement may be cancelled by Owner within (number) business days
following the date of the execution of this Agreement by giving written notice of
rescission to Contractor at the address stated above, in which event Owner shall be
entitled to a complete refund of the Down Payment given to Contractor at the time of the
execution of this Agreement.
B. After the period expressed in Paragraph A, but before the actual commencement
of work by Contractor, Owner may cancel this Agreement, in which event Owner shall
forfeit to Contractor the Down Payment given at the time of the execution of this
C. If Owner cancels this Agreement after the Contractor has commenced the work,
then Owner shall forfeit the amount of the Down Payment given to Contractor at the time
of the execution of this Agreement and, in addition, shall pay to the Contractor the sum
of $_____ for each day up to the date of the proposed completion date.
D. If Contractor is unable to complete the performance of its obligations under this
Agreement due to acts of God, strikes, unavailability of supplies or material, or any other
contingency beyond his control, then Owner may at his option cancel this Agreement, in
which event Owner shall only be liable to pay Contractor the amount of labor and
material already furnished. Such payment is to be made within (number) days after the
date of such cancellation.
E. If Owner's home is destroyed by fire, earthquake, or any other cause not
attributable to Owner, this Agreement shall automatically be cancelled with the parties
having no further obligation to each other, and the Down Payment given by Owner at the
time of the execution of this Agreement shall be retained by Contractor.
Any alterations or modifications initiated by Owner or Contractor must be agreed upon
between the parties and the price fixed by them before work on such alteration or mo