Contractor Agreement

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Contractor Agreement Powered By Docstoc
					This is an agreement between the owner of a property and the contractor who is hired to
work on the property. This document sets forth the details of the agreement including
access to the work site, services to be provided, payment and date of completion. The
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
document is useful for both property owners and contractors who are hired to perform
work.
       AGREEMENT BETWEEN OWNER AND CONTRACTOR
This Agreement is made on this _______________ day of ____________________ of
______________ [Instruction: enter date] (the “Effective Date”) by and between
______________ [Instruction: insert the owner’s name] (“Owner”) and ______________
[Instruction: insert the contractor’s name] (“Contractor”) (the “Agreement”).

                                              ARTICLE 1
                                         AGREEMENT DOCUMENTS

The Documents comprising this Agreement are as follows: the Construction Contract,
Conditions of the Contract, Addenda, Drawings, Photos or other visual representations of the
proposed work, and attached written Modifications to this contract, properly signed and
witnessed.

Entire Agreement: This Agreement represents the whole and complete agreement between the
Owner and Contractor, and supersedes all prior oral and written agreements. This Agreement is
modifiable only by the properly documented written consent of both parties.

                                              ARTICLE 2
                                        OWNER’S REPRESENTATIVE

Owner’s Representative shall be: _________________________________ [Instruction: insert
construction manager’s name]. Owner’s Representative shall be permitted to represent the
interests of Owner to Contractor, and shall make regular site visits to assess work progress.
Owner’s Representative shall be permitted to assess the work of Contractor and provide
recommendations to Owner about the status of progress payments. Additionally, Owner’s
Representative shall possess the authority to accept or reject work by Contractor and direct
Contractor to make modifications to defective or non-conforming work.

If Contractor fails to comply with the directions of Owner’s Representative, Owner’s
Representative may direct Contractor to stop all work until a remedy is reached.

                                                    ARTICLE 3
                                                     ACCESS

Free access to the work and project site shall be granted by Contractor to Owner, Owner’s
Representative, designated agents of Owner and Owner’s Representative, and all necessary
public authorities.

                                                 ARTICLE 4
                                            SERVICES AND LABOR

Contractor agrees to provide all necessary services, materials, and labor necessary for the
completion of: ____________________________________________ [Instruction: insert
project description]. This includes building and construction materials, requisite labor and site


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security, and all necessary tools and machinery needed for project completion. All construction
materials should be new and of the highest quality, unless previously specified by Owner.

                                                    ARTICLE 5
                                                    PAYMENT

Owner agrees to pay Contractor the amount of ____________________ dollars ($__)
[Instruction: insert dollar amount] for the labor and materials necessary for work completion.

Payment to Contractor will be made pursuant to the following payment schedule:

         Date                                        Payment
         ________________                            __________
         ________________                            __________
         [Instruction: insert details for the payment schedule]

                                         ARTICLE 6
                              SCHEDULE AND TIME OF PERFORMANCE

Contractor will begin work on _____________________ [Instruction: commencement date]
and complete work by ______________ [Instruction: insert completion date].

As time is of the essence, Contractor will be assessed a fee of ___________________ dollars
($__) [Instruction: insert penalty fee] per day for each day that work is not completed after the
final deadline of [date], unless Owner consents to a specified extension. Additional damages
will be assessed and liquidated damages will be deducted from the total amount due to
Contractor under the payment schedule specified in this Agreement.

                                                    ARTICLE 7
                                                   COMPLETION

Contractor sets the following schedule for work completion, with various project stages to be
completed on specified dates. [Instruction: Insert project stages and dates]

         ____________________________________________________________
         ____________________________________________________________
         ____________________________________________________________

The entire project and all work by Contractor for Owner shall be completed on or before the final
deadline of _____________________ [Instruction: enter date].

                                               ARTICLE 8
                                          CHANGES TO THE WORK

All changes or modifications to the work ordered by Owner must be made in writing, with
appropriate adjustments made to the total payment due to Contractor and payment schedule



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accordingly. If these changes require additional expense to Contractor, Contractor must make a
claim for increase in payment, in writing, to Owner, in a timely manner. Owner must approve
any claim for increase in writing prior to the making of any changes to the work, project, or
schedule.

                                                    ARTICLE 9
                                                     DELAYS

If Contractor is delayed from completing required work due to unavoidable casualties, Owner
shall grant Contractor an extension for the completion of work equal to the delay. Unavoidable
casualties include, but are not limited to, fire, flood or natural disasters, delayed acquisition of
materials or material delivery, and negligence on the part of Owner.

                                                   ARTICLE 10
                                                   INSURANCE

Owner shall be responsible for maintaining full insurance coverage on the work site in both
Owner’s and Contractor’s names. Contractor shall be responsible for maintaining insurance to
protect against any property damage, bodily injury, death, or other claims for damages that may
result from the commission of the work.

                                                   ARTICLE 11
                                                     FINES

Contractor is responsible for maintaining proper work, safety, and environmental protection
standards. Contractor agrees to hold Owner harmless for any and all fines assessed by federal,
state, or local agencies and/or regulators. Contractor will work in compliance with all standards
required by the EPA, OSHA, and other applicable federal agencies. Contractor will be
responsible for paying all fines and judgments levied by these agencies resulting from the
performance of this Agreement.

                                                 ARTICLE 12
                                               ATTORNEYS’ FEES

If judgment is required to enforce the contents of this Agreement or remedy any breach thereof,
the __________ will pay court costs and attorneys’ fees

                                               ARTICLE 13
                                         ASSIGNMENT PROHIBITED

Both Owner and Contractor are expressly prohibited from assigning this Agreement or any rights
or interest flowing herefrom. Assignment shall only occur with the express written consent of
both parties.

                                     ARTICLE 14
                      GOVERNING LAW AND CONSENT TO JURISDICTION



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This Agreement shall be interpreted and enforced pursuant to the laws of the State of
______________ [Instruction: insert state name] without regard to conflict of law principles.
Both parties voluntarily consent to the jurisdiction of state and federal courts in the State of
______________ [Instruction: insert state name].


IN WITNESS WHEREOF, the parties hereto execute this Agreement on the Effective Date.

OWNER                                                            CONTRACTOR




Authorized Signature                                             Authorized Signature


Name and Title                                                   Name and Title




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DOCUMENT INFO
Description: This is an agreement between the owner of a property and the contractor who is hired to work on the property. This document sets forth the details of the agreement including access to the work site, services to be provided, payment and date of completion. The 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 document is useful for both property owners and contractors who are hired to perform work.
This document is also part of a package Business Contracts Starter Kit 22 Documents Included