This Painting Contract is between a client and a painting contractor whereby the client retains the services of the painting contract to perform painting services at a specified premise.
Painting Contract A contract between a client and contractor for painting services Who should use this document? Lawyers Contractors/Painters ALL INFORMATION AND FORMS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY, INCLUDING AS TO LEGAL EFFECT OR COMPLETENESS. They are for guidance and should be modified by you or your attorney to meet your specific needs and the laws of your state. Use at your own risk. Docstoc, its employees or contractors who wrote or modified any form, are NOT providing legal or any other kind of advice and are not creating or entering into an Attorney-Client relationship. The information and forms are not a substitute for the advice of your own attorney. Subject to our Terms of Service (http://www.docstoc.com/popterm.aspx?page_id=15). See back cover page and read more here (http://www.docstoc.com/popterm.aspx?page_id114) for additional disclaimers and more. This document is not approved, endorsed by, or affiliated with any State, or governmental or licensing entity. Entire document © Docstoc, Inc., 2010, 2011 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 © Copyright 2011 Docstoc Inc. 2 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. © Copyright 2011 Docstoc Inc. 3 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. © Copyright 2011 Docstoc Inc. 4 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. © Copyright 2011 Docstoc Inc. 5 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 © Copyright 2011 Docstoc Inc. 6 SCHEDULE “A” SCOPE OF PAINTING SERVICES TO BE PERFORMED © Copyright 2011 Docstoc Inc. 7
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