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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 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 © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 2 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 © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 3 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 © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 4 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 © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 5
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