COMMERCIAL CONSTRUCTION AGREEMENT
THIS AGREEMENT, made and entered into this day of , 20 by and between
Owner and Contractor, in consideration of the terms and conditions set forth, hereby agree as follows:
1. Contract Documents. The Contract Documents consist of this Agreement, including the General Conditions,
the Exhibits described in Exhibit A and any duly executed and issued addenda, Change Orders, Work
Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents
are incorporated by reference and made a part of this Agreement (all of said documents including the
Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the
"Agreement"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all
times during the performance of the Work.
2. Scope of Work. The Contractor agrees to complete the work as described in the Contract Documents and
will furnish all management, supervision, labor, materials, and equipment as specified and shall, clean up all
WORK and remove debris from the job site, and perform all work necessary to complete the contract.
3. Contract Sum. Subject to the terms, conditions, additions and deductions as herein provided and provided
Contractor's rate of progress and performance are satisfactory to Owner, Owner shall pay Contractor in
installments and in current funds for the full and faithful performance of Contractor's work, the Contract Sum
of Dollars ($ ).
4. Bonds. The Contractor shall provide a performance bond and a labor and material payment bond, each in
the amount of one hundred percent (100%) of the Contract Sum, which bonds shall be furnished within
days after execution of this Agreement.
The cost of all bond premiums shall be in addition to the Contract Sum, and may be included in their entirety
in Contractor's first Application for Payment.
5. Contract Time. Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor
shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be
performed at the Project site prior to the Commencement Date. The Work shall be substantially completed
within ( ) calendar days from the Commencement Date. The date of substantial
completion of the Work (or designated portions thereof) is the date certified by the Design Professional when
construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or
utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall be fully
completed and ready for final acceptance by Owner within ( ) calendar days
from the Commencement Date ("Contract Time").
When any period of time is referenced by days herein, it shall be computed to exclude the first day and
include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a
day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the
computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal
6. Service of Notices. Any notice required by this Agreement shall be deemed given and effective if in writing
and deposited, postage prepaid, in the United States Mail, addressed to the party to whom such notice is
intended to be given at their last known address, or delivered to such party's authorized representative.
7. Entire Agreement. This Agreement constitutes the entire and integrated agreement between Owner and
Contractor, and supersedes all prior negotiations, representations, understandings and agreements, either
written or oral. This Agreement may be amended only by written instrument signed by both Owner and
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8. Captions. Any captions of the various articles, sections or paragraphs contained in this Agreement are
intended for convenience and for reference purposes only, and shall in no way define or limit the scope or
intent of this Agreement.
9. Conflicting Provisions. In the event of any conflict between any of the terms and provisions of this
Agreement and the Contract Documents, this Agreement shall govern.
10. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their
partners, heirs, personal representatives, successors and duly approved assignees.
11. Assignment. The Contractor shall not assign this Agreement in whole or in part, or any interest therein, nor
assign any amounts due or to become due hereunder, without first obtaining the written consent of Owner.
12. Waiver. The waiver by Contractor of any breach or default of this Agreement by Owner shall not be
construed as a waiver of any other breach or default of the same or any other terms or conditions of this
Agreement. Forbearance from demanding strict compliance with any term or provision of this Agreement
shall not operate as a waiver and shall not prevent Contractor from subsequently demanding strict
The waiver by Owner of any breach or default of this Agreement by Contractor shall not be construed as a
waiver of any other breach or default of the same or any other terms or conditions of this Agreement.
Forbearance from demanding strict compliance with any term or provision of this Agreement shall not operate
as a waiver and shall not prevent Owner from subsequently demanding strict compliance therewith.
13. Interest. All payments due and unpaid under this Agreement shall bear interest from the date payment was
due at the rate of % per annum.
14. Governing Law. This Agreement shall be governed by the law of the state of Florida.
15. Third Party Beneficiary. Nothing contained in this Agreement shall be deemed to create any contractual or
third party beneficiary relationship between any parties other than Owner and Contractor.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their proper officers or duly
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