This Construction Contract is being entered into between [Client.FirstName][Client.LastName](“Owner”) and[Sender.Company](“Contractor”) (collectively, the “Parties”). The effective date of this Construction Contract will be the last date of signature below.
This Construction Contract, along with incorporated documents referenced herein, sets forth the terms and conditions agreed to between the Parties relating to construction of type of constructionby Contractor for Owner.
TERMS AND CONDITIONS
Article 1 – Parties and Property
1.1. Owner is [Client.FirstName][Client.LastName]isClient type, the legal owner of the property on which construction will be completed under this Construction Contract, with contact information as follows –
1.2. [Sender.Company]is a duly licensed general contractor in good standing, License number, with contact information as follows –
1.3. The site for the construction to be completed under this Construction Contract is as follows
Street address –
Legal description –
1.4. Construction Project shall mean the work that Contractor (and/or Contractor’s agents) are obligated to perform for Owner as detailed within the following plans and specification documents which are incorporated herein by reference –
Article 2 – Compensation
2.1. In consideration for the work performed by Contractor on the Construction Project, Owner will pay to Contractor the total sum of $ Total project cost, according to the milestones set forth below, and subject to modification on account of any change orders to the scope of work made by the Parties according to the terms of this Construction Contract.
2.2. Upon completion of the scope of work designated in the following milestones, partial payments will be made by Owner to Contractor within 10 days of notice of milestone completion submitted by Contractor to Owner, subject to any applicable dispute provisions in this Construction Contract –
2.2.1. Milestone 1. Upon completion of the following scope of work, Contractor will be entitled to payment of Milestone 1 payment –
work scope 1
2.2.2. Milestone 2. Upon completion of the following scope of work, Contractor will be entitled to payment of Milestone 2 payment –
work scope 2
2.2.3. Milestone 3. Upon completion of the following scope of work, Contractor will be entitled to payment of Milestone 3 payment –
work scope 3
2.2.4. Milestone 4. Upon completion of the following scope of work, Contractor will be entitled to payment ofMilestone 4 payment –
work scope 4
2.2.5. Milestone 5. Upon completion of the following scope of work, Contractor will be entitled to payment ofMilestone 5 payment –
work scope 5
2.3. Contractor will have the right to stop work and keep the Construction Project idle if payments are not made to Contractor when due. If the work is stopped for such reason for a period exceeding stopdays without payments being made, Owner shall be deemed to be in default and Contractor may, at its option, make a final demand for all payments due and owing, and any additional expenditures for work performed, materials ordered or supplied, or any other loss sustained. If payment is not made within numberdays thereafter, Contractor will be entitled to all legal remedies for breach of this Construction Contract.
Article 3 – Contingencies, Commencement, and Completion
3.1. This Construction Contract is not contingent on the Owner obtaining a construction loan as follows: financing conditionson or before the contingency deadline. The owner will provide notice to the Contractor when the construction loan has been approved. If this Construction Contract is contingent on the Owner obtaining a construction loan and such loan is not obtained on or before the contingency deadline set forth herein, neither the Owner nor the Contractor shall have any further obligations under this Construction Contract.
3.2. Work on the Construction Project will commence no later thandays after the Effective Date of this Construction Contract, or after Contractor receives notice from Owner of approval of any construction loan, whichever is later (“Commencement Date”).
3.3. The Construction Project is scheduled to be completed withinmonths of the Commencement Date, unless modified by change order as defined herein.
Article 4 – Change orders
4.1. From time to time during the performance of work under this Construction Contract, there may be changes required or requested to the scope of work, price, and time for completion, under this Construction Contract. All such proposed changes will be submitted to the other Party in writing containing at least the following information: proposal date, the change requested, explanation of how that will affect the cost or time of completion, and signed by the proposing party. When both parties have signed to acknowledge their approval of such a proposal, it will be designated as a “Change Order” and will then be incorporated into this Construction Contract and is binding on both parties.
Article 5 – Additional provisions
5.1. Contractor will obtain, at its own cost, all necessary permits and permissions to perform the work required for the Construction Project.
5.2. Contractor will maintain, throughout the duration of this Construction Contract, all legally required licensure and permissions to perform the work required for the Construction Project. To the extent it is permitted by law, Contractor may subcontract portions of work to properly qualified and licensed subcontractors upon advance notice to Owner, and ensuring that prompt and proper payment is made to such subcontractors as will avoid any liens being placed on the Property.
5.3. Owner will provide Contractor, and its employees, agents, and subcontractors, reasonable access to the Property for purposes of conducting work on the Construction Project.
5.4. During the course of work on the Construction Project, Owner or Owner’s designated agent, will have access to the Property for purposes of inspection, appraisal, and work evaluation. Such access and inspections will be conducted at reasonable times, with advance notice to Contractor when reasonably practicable, and in a manner not to obstruct the progress of construction.
5.5. The Parties will purchase and maintain the following insurance polic(ies) during the course of work on the Construction Project with duly licensed insurance companies in the amount of no less than $ Min insurance amountand with reasonable deductibles not to exceed min deductible amount–i
nsurance policy requirement 1
insurance policy requirement 2
5.6. Contractor will be responsible to properly dispose of all construction materials and debris from the Property from the Commencement Date until the date a certificate of occupancy is issued to the Owner.
5.7. “Hazardous Materials” means any substance commonly referred to, or defined in any Law, as a hazardous material or hazardous substance (or other similar term), including but not be limited to, chemicals, solvents, petroleum products, flammable materials, explosives, asbestos, urea formaldehyde, PCB’s, chlorofluorocarbons, freon or radioactive materials. Contractor will be responsible to comply with legal regulations regarding the removal and disposal of Hazardous Materials at its own cost unless otherwise specified in this Construction Contract. Contractor will indemnify Owner for any damages resulting from improper handling or disposal of Hazardous Materials at or from the Property from the Commencement Date until the date a certificate of occupancy is issued to the Owner.
5.8. Utility services to the Property during the time of construction will be arranged for, and paid by, utility responsible party.
5.9. In the even of destruction of the Property, in whole or in part, from the Commencement Date until the date a certificate of occupancy is issued to the Owner, either party will have the right to terminate this Construction Contract.
5.10.Contractor will not be deemed in breach of this Construction Contract or have liability to Owner for failure to perform obligations under this Construction Contract if the failure is due in whole or in substantial part to strikes, acts of God, unavailability of specified labor or materials, war, acts of terror, or other causes beyond the reasonable control of Contractor.
5.11. Additional Provisions.
Article 6 – Substantial Completion and Punch List
6.1. Contractor will provide notice to Owner when the Construction Project is substantially complete. Owner will inspect the Construction Project within days to inspectafter receiving such notice and deliver to Contractor a “punch list” of deficiencies found on the Construction Project. Contractor will promptly correct the matters identified on the punch list. The Owner may withhold from final payment to the Contractor a reasonable estimate of the cost to correct the punch list items, until such items are corrected.
Article 7 – Warranties
7.1. Contractor warrants and represents that it is duly licensed to perform the work under this Construction Agreement, and will perform such work in a workmanlike manner, in compliance with all applicable laws, regulations, codes, restrictive covenants, and homeowners’ association requirements, with new materials meeting the standards set for in the Construction Contract, including plans and specifications incorporated therein.
7.2. Owner represents that he/she/it is the legal owner of the Property or otherwise has full legal authority to enter into this Construction Contract without approvals from any other person or entity, that the requested work as outlined in the plans and specifications are in compliance with all applicable laws, regulations, codes, restrictive covenants, and homeowners’ association requirements, and that Owner has the financial ability to pay the compensation to the Contractor, and any reasonable adjustments thereto via change orders, when due and that Owner will make such payments.
7.3. Both Parties will execute and deliver to the other or to third parties any and all documents necessary to effectuate the provisions of this Construction Contract, including construction permits, certificate of occupancy, and any other documents.
Article 8 – General terms
8.1. This Construction Contract may not be assigned by either Party without written consent of the other Party and such consent is not to be unreasonably withheld.
8.2. Any notice required or permitted under the terms of this Construction Contract shall be provided to the contact information set forth in Article 1, above.
8.3. If any provision of this Construction Contract is found to be invalid, illegal, or unenforceable, the remaining portions shall remain in full force and effect.
8.4. This Construction Contract is governed and is to be interpreted under the laws of the State of[Sender.State], and any legal proceedings relating to this Construction Contract will be maintained only in the County of [Sender.Country]in the State of [Sender.State].
8.5. This Construction Contract will be binding upon and inure to the benefit of the Parties and, if applicable, to their trustee, successor, executor or administrator, or heirs.
8.6. In the event of conflict between the documents incorporated into this Construction Contract, the specifications will take precedence over the plans, and the plans will take precedence over this document.
8.7. This Construction Contract, and the documents incorporated herein at Section 1.4, and any change orders created per the process outlined in Section 4.1, represent the entire agreement between the Parties and can only be modified in writing signed and dated by both Parties.
Executed by the Parties on the date indicated below.
- Include Contact Information of Both Parties. ...
- Specify Project Terms and Scope. ...
- Establish Payment Terms. ...
- Set the Schedule. ...
- Decide What Happens If a Contract Is Terminated. ...
- Determine Who Owns Final Copyrights.
Launch Word. If Word is already open, click the File tab and select New. Type contract in the Search For Online Templates field. Scroll through the results to find a template that suits your needs or click on any of the categories in the left menu to filter your search results.
FindLaw provides free access to a large archive of sample contracts from public companies that cover a variety of practice areas. You can search by type, such as compensation, finance, business formation, intellectual property licenses, business planning, business operations, corporate, or securities.
Google Docs has all the features you need to create a contract with a standard format.
You can write your own contracts. There is no requirement that they must be written by a lawyer. There is no requirement that they have to be a certain form or font. In fact, contracts can be written on the back of a napkin!
If you're asking whether you need a lawyer to draft a contract, legally, the answer is no. Anyone can draft a contract on their own and as long as the elements above are included and both parties are legally competent and consent to the agreement, it is generally lawful.
Whether you need an independent contractor agreement, a standard service contract, or a non-disclosure agreement, PandaDoc's library of free business contracts has you covered. Our contract templates are free as downloadable PDFs and are fully customizable when using the PandaDoc document editor.
For example, if a children's party entertainer and a parent have a written simple contract stating specific activities that the performer will provide on a certain date, but the event is canceled by one party, the other may choose to sue for damages.
How to Create a Contract in Microsoft Word 2010 - YouTube
- Open Acrobat: Click on the “Tools” tab and select “Prepare Form.”
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A contract is an agreement between two or more persons2, and is enforceable by a court of law or equity. To be enforceable, a contract must contain certain basic information that courts have determined over the past several centuries to be necessary.
Just open docs.google.com, click the Template Gallery button in the top right, and select your company's name. Then, click the Submit Template button. Select the document you just made, add a title and category for it, then click Submit.
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How to create a consulting agreement using Google Docs templates
Handwritten contracts are legally binding if they meet the necessary conditions that apply to all contracts: mutual agreement, capacity, consideration, and legal validity. There are no legal differences between typed and handwritten agreements when it comes to enforceability.
Illegal subject matter
If the subject matter is illegal, the contract will not be valid. All terms of your contract must not contravene any federal or state law. If the formation or performance of the contract will require a party to break the law, the contract is invalid.
In contract law, the term “null and void” means the contract was never valid. Therefore, the contract has no legal effect. This is different from having a contract invalidated.
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Although contracts don't need a lawyer writing them to be legal, but they will benefit from the knowledge and advice that a lawyer can bring.
- Enable Developer Tab. Open Microsoft Word, then go to the File Tab > Options > Customize Ribbon > check the Developer Tab in the right column > Click OK.
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The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality.
- employment contracts.
- lease agreements.
- insurance agreements.
- financial agreements.
Contracts are made up of three basic parts – an offer, an acceptance and consideration. The offer and acceptance are what the purpose of the agreement is between the parties.
Unless you actively want the recipient to edit a file, you should send documents as PDF by default. This is particularly important where you need to control the message, or the document is a formal report: Fee proposals. Tender Documents.
A contract template is a blank, standard form filled out and used as a Contract Document. These templates are frequently employed in situations when the same agreement is drafted regularly with very little change in information.
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The critical difference is that contracts are recognized as legally enforceable promises to perform. Some agreements—such as clickwrap agreements—have been held to be legally enforceable, but those agreements must have certain legal terminology that indicates the parties' intent to enter into a binding agreement.
The three elements required to create a legal contract are offer, acceptance and consideration, which means the exchange of something of value.
The basic rates are calculated by adding transportation cost, national and loacal taxes on the base rate inwhich the material is purchased from the original source.
Construction contracts are multi-faceted legal documents binding different project parties; Owners, Designers, Construction Managers, and Contractors for the purpose of accomplishing a project or a program.
1. Fixed Price. The most common type of contract is the fixed price contract, also known as the lump sum or stipulated sum contract. Fixed price contracts carry more risk to contractors than owners.
A simple contract is an agreement made by two parties. This agreement can be an oral or a written one. There must be an offer, consideration, and an acceptance to make it valid. Even if the document is not drafted by a lawyer, it can still land you in court in the case of a breach of the contract.
For example, whenever we buy a product at a store or go grocery shopping, we are entering into an agreement to purchase whatever it is we are purchasing. When we get a new job, we sign an employment agreement to start work – that's a contract!
The elements of a simple contract are: The parties to it must have intended to be legally bound by it. There must be an offer by one party and an acceptance of that offer by the other party. There must be a valuable consideration.
Most contracts only need to contain two elements to be legally valid: All parties must be in agreement (after an offer has been made by one party and accepted by the other). Something of value must be exchanged -- such as cash, services, or goods (or a promise to exchange such an item) -- for something else of value.