Painting Contract by HPDocuments

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									Painting Contract



            A contract between a client and contractor for
            painting services


            Who should use this document?
                  Lawyers
                  Contractors/Painters




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                              PAINTING CONTRACT

THIS PAINTING CONTRACT (the “Contract”), made this _____ day of __________, 2______,
by and between _______________ (the “Client”) and _____________ (the “Painting
Contractor”).

     THE CLIENT AND THE PAINTING CONTRACTOR HEREBY ACKNOWLEDGE
AND AGREE AS FOLLOWS:

1. SCOPE OF WORK

1.1    The Painting Contractor hereby agrees that it shall provide all labor and any materials
       necessary to perform the Painting Services (the “Painting Services”) for the Client, which
       Painting Services are more particularly described on Schedule “A” annexed hereto.

1.2    The Painting Services shall be performed by the Painting Contractor at the Premises
       municipally known as ________________________ (the “Premises”).

1.3    The Painting Contractor will provide all of the necessary equipment, including but not
       limited to, ladders, brushes, rollers, paint trays, drop clothes, scaffolds and clothes, which
       may be necessary to carry out the Painting Services contemplated on Schedule “A”
       annexed hereto for the Client.

2. FEES

2.1    The Client hereby agrees to pay to the Painting Contractor the following sum(s) in
       connection with the Painting Contractor’s performance of the Painting Services (the
       “Fees”):

           (i)    __________ ($______) Dollars per hour for the actual time spent by the
                  Painting Contractor performing and overseeing and directing the Painting
                  Services at the Premises; or

           (ii)   a flat fee of __________ ($______) Dollars for the completion of the Painting
                  Services to be performed by the Painting Contractor.

The Fees will be due and payable in full to the Painting Contractor upon satisfactory completion
of the Painting Services by the Client. The Painting Contractor shall furnish to the Client a
detailed invoice for all Painting Services and Materials purchased by the Painting Contractor
upon completion of the Painting Services at the Premises. The Client shall pay such invoice in
full within ______ (___) days of the Client’s receipt of same by way of cash or check.

2.2    The Client agrees to pay to the Painting Contractor a non-refundable deposit in the
       amount of ____________ ($______) (the “Deposit”) Dollars upon execution of this



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      Contract to reserve the Painting Contractor’s services. The Deposit will be paid to the
      Painting Contractor by way of cash or check.

2.3   The Painting Contractor will purchase all of the paint, including but not limited to,
      primer, drywall compound or stains (the “Materials”), to carry out the Painting Services
      for the Client. The Painting Contractor agrees that it will only purchase quality grade
      Materials for completion of the Painting Services. The Client agrees that it shall
      reimburse the Painting Contractor in full for all of the Materials purchased by the
      Painting Contractor to carry out the Painting Services. The Client agrees to pay the
      Painting Contractor the actual costs of the Materials purchased by the Contractor upon
      the completion of the Painting Services.

3. COMMENCEMENT DATE

3.1   The Client and the Painting Contract agree that the Painting Contractor shall commence
      the Painting Services at the Premises on the ____ day of _________, 2_____ or at such
      other time as the Client and the Painting Contractor may mutually agree in writing.

3.2   The Painting Contractor estimates that the amount of time to complete the Painting
      Services at the Premises is ___________ (____) days/weeks/months.

4. PERFORMANCE OF PAINTING SERVICES

4.1   The Painting Contractor agrees that it shall perform the Painting Services in thoroughly,
      first class workmanlike manner under the direction and to the satisfaction of the Client
      and in accordance with the scope of the Painting Services contained on Schedule “A”
      annexed hereto.

4.2   The Painting Services will be completed by the Painting Contractor in accordance with
      standard practices prevalent in the Contractor’s trade.

4.3   The Painting Contractor warrants to the Client that the Painting Services will be
      completed and performed in compliance with all applicable building codes and
      regulations.

4.4   The Painting Services contemplated on Schedule “A” annexed hereto shall be considered
      completed upon final approval by the Client, provided that the Client’s approval shall not
      be unreasonably withheld.

5. INDEMNITY

5.1   The Painting Contractor agrees to indemnify and hold the Client harmless from and
      against any and all damages, costs and fees which arise out of harm caused to the
      Painting Contractor or any other third parties in connection with the performance of the
      Painting Services by the Painting Contractor.




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6. INSURANCE

6.1   The Contractor shall at all times maintain business liability insurance in an amount of no
      less than ______________ ($_________) Dollars to cover the performance of the
      Painting Services by the Painting Contractor and any injuries which may arise in
      connection with the performance of the Painting Services by the Painting Contractor or
      any third parties.

6.2   The Painting Contractor agrees that it shall provide evidence of such insurance coverage
      to the Client prior to the commencement of the Painting Services.

7. PREMISES

7.1   The Painting Contractor agrees that it shall perform the Painting Services at the Premises
      between the hours of _________ a.m. and ___________ p.m., Monday through Friday, or
      at such other times at the Painting Contractor and the Client may in writing agree.

7.2   The Painting Contractor agrees that it shall remove all debris and equipment from the
      Premises at the end of each day.

7.3   Upon completion of the Painting Services, the Painting Contractor shall leave the
      Premises in a clean and orderly fashion free and clear of all equipment and painting
      Materials. The Contractor shall ensure that all non-painted surfaces shall be free and clear
      of all paint.

8. DISPUTE RESOLUTION

8.1   Should a dispute arise between the Client and the Painting Contractor regarding the
      interpretation or construction of, compliance with or breach of, the Contract, the Client
      and the Painting Contractor shall meet and negotiate in good faith in an attempt to resolve
      the dispute.

8.2   If the dispute cannot be resolved through good faith negotiations between the Client and
      the Painting Contractor within a reasonable time, the Client and the Painting Contractor
      agree that such dispute shall be submitted to mediation under the mediation rules of
      ______________. Any mediation settlement by the Client and the Painting Contractor
      shall be documented in writing. Should such mediation settlement vary the language of
      the Contract, the variation shall be recorded in writing, signed by both the Client and the
      Painting Contractor and added to the Contract as an attachment.

8.3   If the dispute cannot be resolved through mediation within thirty (30) days following the
      commencement of the mediation process, the dispute shall be conclusively settled by a
      single arbitrator in accordance with the provisions of ______________________, and all
      hearings shall take place in the City of _____________ unless agreed otherwise by the
      Client and the Painting Contractor.




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9. LIENS AND WAIVERS OF LIENS

9.1    The Painting Contractor shall protect the Client against any liens being filed by the
       Painting Contractor as follows:

          (i) the Painting Contractor shall not use a subcontractor or the services of any third
                  party without first obtaining a lien waiver or release and delivering an
                  executed copy of same to the Client; and

          (ii) the Painting Contractor will not use any Materials without first obtaining an
                   acknowledgement of full payment from the supplier of the Materials and
                   delivering an executed copy of same to the Client.

10. GENERAL PROVISIONS

10.1    The Contract may be amended from time to time by mutual consent of the Client and the
       Painting Contractor. All amendments shall be set forth in writing and signed by each of
       the Client and the Painting Contractor to the Contract. As the case may be, no variation
       or amendment so made shall be effective prior to the day of its recording in a written
       instrument duly executed by the Client and the Painting Contractor and attached to this
       Contract.

10.2   The silence, failure or delay by the Client or the Painting Contractor in exercising any
       right hereunder shall under no circumstances be interpreted or construed as a waiver of
       such right by the Client or the Painting Contractor and such right and any of the available
       remedies required to enforce it shall remain valid until such time as they contractually or
       legally expire.

10.3   This Contract may be signed in several counterparts, each of which, when so signed, shall
       be deemed to be an original. Such counterparts shall, however, represent one and the
       same document.

10.4   The Client and the Painting Contractor agree that this Contract may be transmitted by
       facsimile, E-mail or similar forms of communication. The Client and the Painting
       Contractor also agree that signatures duplicated by facsimile, electronic signatures or
       similar authentication modes shall be treated as originals.

10.5   Any notice, request, demand, approval, consent or other communication provided or
       permitted hereunder shall be in writing and given by personal delivery or sent by
       registered mail or by ordinary mail, postage prepaid or fax addressed to the party for
       which it is intended.

10.6   If any provision of this Contract shall be held to be invalid, illegal or unenforceable, the
       validity, legality and enforceability of the remaining provisions shall in no way be
       affected or impaired thereby.




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10.7   This Contract shall be governed by and construed in accordance with the Laws of the
       State of _________________.

        IN WITNESS WHEREOF the parties have hereunto set their respective hands and seals
as at the date first written above.


                                                Per:


                                                ______________________________
                                                Name:
                                                Title:
                                                I have authority to bind the Client.




Witness:                                        Client




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                                SCHEDULE “A”

               SCOPE OF PAINTING SERVICES TO BE PERFORMED




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