This Painting Contract is between a painter and a customer for painting services. This agreement covers the scope of work, fees to be paid, insurance, and methods for mediation and arbitration of disputes. This form contains both standard clauses and opportunities for the use of optional terms and conditions making it fully customizable to fit the needs of the contracting parties. This form should be used by painting contractors when seeking to contract for work with clients.
This Painting Contract is between a painter and a customer for painting services. This agreement covers the scope of work, fees to be paid, insurance, and methods for mediation and arbitration of disputes. This form contains both standard clauses and opportunities for the use of optional terms and conditions making it fully customizable to fit the needs of the contracting parties. This form should be used by painting contractors when seeking to contract for work with clients. PAINTING CONTRACT This Painting Contract (the “Contract”) is hereby made on this _____ day of __________, 2______ [Instruction: insert date] by and between _______________ [Instruction: insert the name of the customer] (the “Client”) and _____________ [Instruction: insert the name of the painter or painting company] (the “Painting Contractor”). WHEREAS, Client hereby desires Painting Contractor to perform painting services to Client’s premises in accordance to the provisions set forth in this Contract; and WHEREAS, Painting Contractor desires to perform the services requested by Client. NOW, THEREFORE, in consideration of the mutual promises herein contained and other good and valuable consideration, Client and Painting Contractor hereby acknowledge and agree as follows: 1. SCOPE OF WORK 1.1 Painting Contractor hereby agrees that it shall provide all labor and materials necessary to perform the painting services requested by Client (the “Painting Services”), which Painting Services are more particularly described on Schedule “A” attached hereto. 1.2 The Painting Services shall be performed by Painting Contractor at the property municipally known as ________________________ [Instruction: insert the address of the premises to be painted] (the “Premises”). 1.3 Painting Contractor will provide all of the necessary equipment, including but not limited to, ladders, brushes, rollers, paint trays, drop clothes, scaffolds, and clothes that may be necessary to carry out the Painting Services contemplated in Schedule “A.” 2. FEES 2.1 Client hereby agrees to pay to Painting Contractor the following sum(s) in connection with Painting Contractor’s performance of the Painting Services (the “Fees”): (i) __________ dollars ($______) [Instruction: insert dollar amount] per hour for the actual time spent by Painting Contractor performing, overseeing, and directing the Painting Services at the Premises; or (ii) A flat fee of __________ dollars ($______) [Instruction: insert dollar amount] for the completion of the Painting Services to be performed by Painting Contractor. The Fees will be due and payable in full to Painting Contractor upon satisfactory completion of the Painting Services by Client. Painting Contractor shall furnish to Client a detailed invoice for all Painting Services and Materials (as defined herein) purchased by Painting Contractor upon completion of the Painting Services at the Premises. Client shall pay such invoice in full within ______ (___) [Instruction: insert number of days] © Copyright 2013 Docstoc Inc. 2 days of Client’s receipt of same by way of cash, check, or by other methods as mutually agreed to by the parties herein. 2.2 Client agrees to pay to Painting Contractor a non-refundable deposit in the amount of ____________ dollars ($______) [Instruction: insert dollar amount] (the “Deposit”) upon execution of this Contract to reserve Painting Contractor’s services. The Deposit will be paid to Painting Contractor by way of cash, check, or by other methods as mutually agreed to by the parties herein. 2.3 Painting Contractor will purchase all of the paint, including but not limited to, primer, drywall, compound, or stains (the “Materials”) that are reasonably necessary to carry out the Painting Services for Client. Painting Contractor agrees that it will only purchase quality-grade Materials for use in completion of the Painting Services. Client agrees that it shall reimburse Painting Contractor in full for all of the Materials purchased by Painting Contractor to carry out the Painting Services. Client agrees to pay Painting Contractor the actual costs of the Materials purchased by Painting Contractor upon the completion of the Painting Services. 2.4 In the event that Painting Contractor requires additional Materials to be purchased in order to complete the work, which Materials and costs thereof were not reasonably foreseeable at the time of commencement of work, Painting Contractor shall notify Client of such additional Materials needed and costs prior to purchasing same. 3. COMMENCEMENT DATE 3.1 Client and Painting Contract agree that Painting Contractor shall commence the Painting Services at the Premises on the ____ day of _________, 2_____ [Instruction: insert date] or at such other time as Client and Painting Contractor may mutually agree in writing. 3.2 Painting Contractor estimates that the amount of time needed to complete the Painting Services at the Premises is ___________ (____) [Instruction: insert the estimated time for completion] days/weeks/months. 4. PERFORMANCE OF PAINTING SERVICES 4.1 Painting Contractor warrants, represents, and agrees that it shall perform the Painting Services in a thorough, first-class, workmanlike manner under the direction and to the satisfaction of Client and in accordance with the scope of the Painting Services contained in Schedule “A” attached hereto. 4.2 Painting Services will be completed by Painting Contractor in accordance with all standard practices prevalent in Contractor’s trade. 4.3 Painting Contractor warrants to Client that the Painting Services will be completed and performed in compliance with all applicable laws, ordinances, building codes, and applicable regulations. © Copyright 2013 Docstoc Inc. 3 4.4 Painting Services contemplated in Schedule “A” shall be considered completed upon final approval by Client, provided that Client’s approval shall not be unreasonably withheld. 5. INDEMNITY 5.1 Painting Contractor agrees to indemnify and hold Client harmless from and against any and all damages, losses, costs, and fees arising from harm caused to Painting Contractor or any other third parties in connection with the performance of the Painting Services by Painting Contractor. 6. INSURANCE 6.1 Contractor shall at all times maintain business liability insurance in an amount of no less than ______________ dollars ($_________) [Instruction: insert dollar amount] to cover the performance of the Painting Services by Painting Contractor and any injuries arising from or in connection with the performance of the Painting Services by Painting Contractor or any third parties. 6.2 Painting Contractor agrees that it shall provide evidence of such insurance coverage to Client prior to the commencement of the Painting Services. 7. PREMISES 7.1 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, [Instruction: insert applicable work hours], or at such other times at Painting Contractor and Client may in writing agree. 7.2 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, Painting Contractor shall leave the Premises in a clean and orderly fashion free and clear of all debris, equipment, and painting Materials. Painting Contractor shall ensure that all non-painted surfaces shall be free and clear of all paint. 8. PREMISE LIABILITY Client agrees to keep Premises free from any and all reasonable foreseeable dangers that are known or should have been known to Client prior and during commencement of Painting Contractor’s services. 9. DISPUTE RESOLUTION 9.1 Should a dispute arise between Client and Painting Contractor regarding the interpretation or construction of, compliance with, or breach of, the Contract, Client and © Copyright 2013 Docstoc Inc. 4 Painting Contractor shall meet and negotiate in good faith in an attempt to resolve the dispute. 9.2 If the dispute cannot be resolved through good faith negotiations between Client and Painting Contractor within a reasonable time, Client and Painting Contractor agree that such dispute shall be submitted to mediation under the mediation rules of ______________. [Instruction: insert name of mediation service or organization whose rules will govern mediations related to this agreement] Any mediation settlement by Client and Painting Contractor shall be documented in writing. Should such mediation settlement vary the language of this Contract, the variation shall be recorded in writing, signed by both Client and Painting Contractor and added hereto as an attachment. 9.3 If the dispute cannot be resolved through mediation within ___ (__) days following the commencement of the mediation process, the dispute shall be conclusively settled by a single arbitrator in accordance with the rules and provisions of ______________________ [Instruction: insert name of arbitration service or organization whose rules will govern arbitrations related to this Contract] and all hearings shall take place in the City of _____________, County of ______, State of _________ [Instruction: insert name of city, county, and state where arbitrations will occur] unless agreed otherwise by Client and Painting Contractor. [Comment re Section 9: Dispute Resolution is optional, however, favorable to both parties where both parties may settle their differences and thereby avoid possible timely and costly litigation.] 10. LIENS AND WAIVERS OF LIENS 10.1 Painting Contractor shall protect Client against any liens filed by Painting Contractor as follows: (i) 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 Client; and (ii) 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 Client. 11. GENERAL PROVISIONS 11.1 This Contract may be amended from time to time by mutual consent of Client and Painting Contractor. All amendments to this Contract shall be set forth in writing and signed by each of Client and Painting Contractor. 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 Client and Painting Contractor and attached to this Contract. © Copyright 2013 Docstoc Inc. 5 11.2 The silence, failure, or delay by Client or Painting Contractor in exercising any right hereunder shall, under no circumstances, be implied, interpreted, or construed as a waiver of such right by Client or 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. 11.3 This Contract may be signed in several counterparts, each of which, when so signed, shall be deemed to be an original. Together, however, such counterparts shall represent one and the same document. 11.4 Client and Painting Contractor agree that this Contract may be transmitted by facsimile, E-mail, or similar forms of communication. Client and Painting Contractor also agree that signatures duplicated by facsimile, electronic signature methods, or similar authentication modes shall be treated as originals. 11.5 Any notice, request, demand, approval, consent, or other communication provided or permitted hereunder shall be in writing, made by personal delivery, sent via registered or ordinary mail with postage prepaid, or fax addressed to the party for which it is intended. 11.6 If any provision of this Contract is be held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall in no way be affected or impaired thereby. 11.7 This Contract shall be governed, construed, and interpreted by and in accordance with the laws of the State of _________________ [Instruction: insert applicable state name]. IN WITNESS WHEREOF, the parties have hereunto executed this Contract as of the date first written above. [SIGNATURE PAGE TO FOLLOW] © Copyright 2013 Docstoc Inc. 6 CLIENT Per: ______________________________ Name: ______________________ Title: _______________________ I have authority to bind Client. [Instruction: insert name and title of individual who will sign on behalf of Company] PAINTING CONTRACTOR Per: ______________________________ Name: ______________________ Title: _______________________ I have authority to bind Painting Contractor. [Instruction: insert name and title of individual who will sign on behalf of Company] © Copyright 2013 Docstoc Inc. 7 SCHEDULE “A” SCOPE OF PAINTING SERVICES TO BE PERFORMED ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ _____________ [Instruction: describe the painting services to be performed] © Copyright 2013 Docstoc Inc. 8
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