Escolar Documentos
Profissional Documentos
Cultura Documentos
1. Services to Be Performed
Contractor will furnish all labor and materials to construct and complete the project
shown on the contract documents contained or specified in Exhibit A, which is attached
to and made part of this Agreement.
2. Payment
[ ] ALTERNATIVE A
Owner will pay Contractor for all labor and materials the sum of $_____.
[ ] ALTERNATIVE B
Owner will pay Contractor $_____ for labor. Materials will be paid for by Owner upon
delivery to the worksite or as follows: ___________________
3. Terms of Payment
[ ] ALTERNATIVE A
Upon completing Contractor's services under this Agreement, Contractor will submit an
invoice. Owner will pay Contractor within _______ days from the date of Contractor's
invoice.
[ ] ALTERNATIVE B
Contractor will be paid $_____ upon signing this Agreement and the remaining amount
due when Contractor completes the services and submits an invoice. Owner will pay
Contractor within _______ days from the date of Contractor's invoice.
[ ] ALTERNATIVE C
Contractor will be paid according to the schedule of payments set forth in Exhibit ___,
attached to and made part of this Agreement.
4. Time of Completion
The work to be performed under this Agreement will commence on and be substantially
completed on or before __________________. Time is of the essence.
The work specified in Clause 1 will be considered completed upon approval by Owner;
however, Owner's approval will not be unreasonably withheld.
[ ] ALTERNATIVE A
Owner will be responsible for determining which state and local permits are necessary for
performing the specified work and for obtaining and paying for the permits.
[ ] ALTERNATIVE B
Contractor will be responsible for determining which state and local permits are
necessary for performing the specified work and for obtaining and paying for the permits.
7. Warranty
Contractor warrants that all work will be completed in a good workmanlike manner and
in compliance with all building codes and other applicable laws. Contractor agrees to
correct any defective work at no cost to Owner. This warranty will be in effect for one
year from the date of completion of the work.
Contractor represents and warrants that there will be no liens for labor or materials or
appliances against the work covered by this Agreement and agrees to protect and hold
Owner free and harmless from and against any and all liens and claims for labor,
materials, services, or appliances furnished or used in connection with the work.
To protect Owner against liens being filed by Contractor, subcontractors, and materials
providers, Contractor agrees that final payment to Contractor under Clause 3 will be
withheld by Owner until Contractor presents Owner with lien waivers, lien releases, or
acknowledgment of full payment from each subcontractor and materials supplier.
9. Site Maintenance
Contractor agrees to be bound by the following conditions when performing the specified
work:
• Contractor will remove all debris and leave the premises in broom-clean
condition.
• Contractor will perform the specified work during the following hours:
__________________.
• At the end of each day's work, Contractor's equipment will be stored in the
following location: _________________________.
10. Subcontractors
Contractor may at its discretion engage subcontractors to perform services under this
Agreement, but Contractor will remain responsible for proper completion of this
Agreement.
[ ] Contractor has the right to perform services for others during the term of this
Agreement.
[ ] Contractor has the sole right to control and direct the means, manner, and method by
which the services required by this Agreement will be performed.
Contractor represents and warrants that Contractor has complied with all federal, state,
and local laws requiring business permits, certificates, and licenses required to carry out
the services to be performed under this Agreement.
Contractor's license or registration is for the following type of work and carries the
following number: __________________.
Contractor will pay all taxes incurred while performing services under this Agreement--
including all applicable income taxes and, if Contractor is not a corporation, self-
employment (Social Security) taxes. Upon demand, Contractor will provide Client with
proof that such payments have been made.
17. Insurance
Client will not provide any insurance coverage of any kind for Contractor or Contractor's
employees or subcontractors. Contractor will maintain a broad form commercial general
liability insurance policy providing combined single limits of not less than $_____ per
occurrence and $_____ annual aggregate. Before commencing any work, Contractor will
provide Client with proof of this insurance and that Client has been made an additional
insured under the policy.
Contractor will indemnify and hold Client harmless from any loss or liability arising from
performing services under this Agreement.
[ ] ALTERNATIVE A
With reasonable cause, either Client or Contractor may terminate this Agreement,
effective immediately upon giving written notice.
• any act exposing the other party to liability to others for personal injury or
property damage.
[ ] ALTERNATIVE B
Either party may terminate this Agreement any time by giving _____ days' written notice
to the other party of the intent to terminate.
This Agreement (including any attached exhibits) is the entire Agreement between
Contractor and Client.
[ ] ALTERNATIVE A
If a dispute arises under this Agreement, any party may take the matter to court.
[ ] If any court action is necessary to enforce this Agreement, the prevailing party will be
entitled to reasonable attorney fees, costs, and expenses in addition to any other relief to
which the party may be entitled. [End Option.]
[ ] ALTERNATIVE B
If a dispute arises under this Agreement, the parties agree to first try to resolve the
dispute with the help of a mutually agreed-upon mediator in ___[list city or county where
mediation will occur]___. Any costs and fees other than attorney fees associated with the
mediation will be shared equally by the parties. If the dispute is not resolved within 30
days after it is referred to the mediator, any party may take the matter to court.
[ ] If any court action is necessary to enforce this Agreement, the prevailing party will be
entitled to reasonable attorney fees, costs, and expenses in addition to any other relief to
which the party may be entitled.
[ ] ALTERNATIVE C
If a dispute arises under this Agreement, the parties agree to first try to resolve the
dispute with the help of a mutually agreed-upon mediator in ___[list city or county where
mediation will occur]___. Any costs and fees other than attorney fees associated with the
mediation will be shared equally by the parties. If it proves impossible to arrive at a
mutually satisfactory solution through mediation, the parties agree to submit the dispute
to a mutually agreed-upon arbitrator in ___[list city or county where arbitration will
occur]___. Judgment upon the award rendered by the arbitrator may be entered in any
court having jurisdiction to do so. Costs of arbitration, including attorney fees, will be
allocated by the arbitrator.
23. Notices
All notices and other communications in connection with this Agreement will be in
writing and will be considered given as follows:
• three days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated on this Agreement, or
• when sent by fax or electronic mail, such notice is effective upon receipt
provided that a duplicate copy of the notice is promptly given by first class mail
or the recipient delivers a written confirmation of receipt.
24. No Partnership
This Agreement does not create a partnership relationship. Neither party has authority to
enter into contracts on the other's behalf.
Signatures
By: ____________________________________________Signature
Title: _________________________
Date: ________________
By: ____________________________________________Signature
Title: _________________________
Date: ________________