Contract For Works To Be Performed

Company Name

Project Name: Date Issued:

Project #:

CONSTRUCTION CONTRACT

 
THIS CONSTRUCTION AGREEMENT, herein referred to the "Agreement," and being executed on
________________________ by and between ________________________,
________________________ located at ________________________, ________________________,
________________________ ________________________ in the County of
________________________ and whose contact number is ________________________ whose license
number is ________________________ and ________________________,
________________________ located at ________________________, ________________________,
________________________ ________________________ in the County of
________________________ and whose contact number is ________________________.
 
________________________ desires to provide Construction services to ________________________
and ________________________ desires to obtain said construction services from
________________________.
 
THEREFORE, in consideration of the mutual promises set forth below, ________________________ and
________________________ shall agree to the terms and conditions herein contained in this Contract
and enumerated as follows:
 
Detailed Description of Work to Be Performed
________________________ agrees to perform in a good and workmanlike manner, all work detailed in
the Specifications Sheet which is annexed hereto as Exhibit A, which is incorporated herein by reference.
Any modifications or alterations from the herein contained terms and conditions annexed must be done
in writing.
 
Detailed Scope of Work
________________________ shall provide all services, materials and labor for the construction of
________________________ on the property located at ________________________,
________________________, ________________________ ________________________ hereinafter
referred to as the "Worksite."
 
Detailed Description of Materials to be Used
All materials to be used in the performance of the work herein described in the Specifications Sheet,
which has been annexed, must be in writing. All work completed will meet or exceed the Quality
Standards for the Professional Builder, as established and set forth by the National Association of Home
Builders (www.nahb.org).

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Contract For Works To Be Performed
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In the event that the Contractor is a corporation, then a certificate that the individual executing this
contract is duly authorized to sign must accompany this contract.
 
 
 
Price
________________________ agrees to complete all work herein described and
________________________ shall pay the Contractor for the performance of this contract for the total
sum of ________________________ dollars in accordance with the terms of this contract.
 
Upon the receipt of final payment on this contract, ________________________ shall be released and
discharged from any and all claims against ________________________ for any work performed
hererunder or any alteration hereto.
 
Payment
________________________ agrees to pay ________________________ interest, at the rate of
________________________ per annum, on any unpaid balance owed under this contract that is
outstanding more than thirty (30) days in the arrears. ________________________ further agrees to
pay all reasonable attorney fees and costs of collection in the event ________________________ fails to
pay ________________________ any of the amounts due as outlined in EXHIBIT "C."
 
Checks shall be made payable and sent to:
 
________________________
________________________
________________________, ________________________
________________________
 
Commencement and Completion of Work
Contractor will not begin work or order any materials before the third (3) day following the signing of
this Agreement, unless otherwise specified here in writing. The Contractor will begin work on, or about
________________________. Barring any delay caused by circumstances beyond the Contractor's
control, the work shall be completed by ________________________. ________________________
hereby acknowledges and agrees that the scheduling dates are approximate and that any delay
attributable to the presence of hidden conditions or requiring additional work discovered during the
course of construction, or delays arising out of the receipt of equipment and/or materials, that are not
avoidable by the contractor, shall not be considered as violations of this Agreement.
 
Any materials to be supplied by ________________________ shall be delivered to the worksite not less
than forty eight (48) hours before the date upon which they will be required by the Contractor in order
to continue the work described. Failure of ________________________ to supply such materials in a
timely manner shall also not be considered to be the responsibility of the Contractor.

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No Acceleration of Payments – Escrowing Allowed
________________________ may not require payments to be made in advance of the time frame
specified above for the reason that he deems himself or the payments to be insecure. If, required, as a
prerequisite to continuing the work described herein, but the balance of the payments under this
contract that are in control of ________________________ be placed in a joint escrow account that
requires the signature of both ________________________ and ________________________ for
withdrawal.
 
Insurance
The Contractor agrees to procure and maintain in full force and effect during the term of this Contract,
at its own cost, the following coverage:
 
 Worker's Compensation Insurance as required by the Labor Code of the State of
________________________ and Employer's Liability Insurance.

 Commercial General Liability Insurance with minimum combined single limits of ONE MILLION
DOLLARS ($1,000,000) each occurrence and ONE MILLION DOLLARS ($1,000,000) general
aggregate. The policy shall be applicable to all premises and operations. The policy shall include
coverage for bodily injury, broad form property damage (including completed operations),
personal injury (including coverage for contractual and employee acts), blanket contractual,
independent contractors, products, and completed operations. The policy shall include coverage
for explosion, collapse, and underground hazards.

 Automobile Liability Insurance with minimum combined single limits for bodily injury and
property damage of not less than ONE MILLION ($1,000,000) for any one occurrence, with
respect to each of Contractor's owned, hired or non-owned vehicles assigned to or used in
performance of the services or work under this Contract.

 Contractor shall procure and maintain, and shall cause any Subcontractor of the Contractor to
procure and maintain, the minimum insurance coverage listed herein. Such coverage shall be
procured and maintained with forms and insurers acceptable to the Company/Client. All
coverage shall be continuously maintained to cover all liability, claims, demands, and other
obligations assumed by the Contractor pursuant. In the case of any claims-made policy, the
necessary retroactive dates and extended reporting periods shall be procured to maintain such
continuous coverage.

 A Certificate of Insurance shall be completed by the Contractor's Insurance Agent(s) as evidence

that policies providing the required coverage, condition, and minimum limits are in full force and
effect and shall be subject to review and approval by the Company/Client prior to
commencement of any services under this Contract. The Certificate shall identify this Contract
and shall provide that the coverage afforded under the policies shall not be cancelled,
terminated or materially changed until at least thirty (30) days prior written notice has been

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Company Name

given to the Company/Client. The Certificate shall name Company/Client, its officers, and its
employees as additional insured with respect to the General Liability Insurance. The completed
Certificate of Insurance shall be sent to:
 
 
 
________________________
________________________
________________________, ________________________
________________________
 
 Failure on the part of the Contractor or Subcontractor to procure or maintain policies providing
the required coverage, conditions, and minimum limits shall constitute a material Breach of
Contract upon which the Company/Client may immediately terminate this Contract, or at its
discretion, the Company/Client may procure or renew any such policy or any extended reporting
period thereto and may pay any and all premiums in connection therewith, and all monies so
paid by the Company/Client shall be repaid by Contractor to the Company/Client upon demand,
or Company/Client may offset the cost of the premium against any monies due to Contractor
from the Company/Client.

 Company/Client reserves the right to request and receive a certified copy of any policy and any
endorsement thereto. Contractor agrees to execute any and all documents necessary to allow
the Company/Client access to any and all insurance and endorsements pertaining to this
particular job.

 Every policy required above shall be primary insurance, and any insurance carried by the
Company/Client, its officers, or its employees shall be excess and not contributory insurance to
that provided by the Contractor. The Contractor shall be solely responsible for any deductible
losses under the policies required above.

 The Contractor shall not be relieved of any liability, claims, demands, or other obligations
assumed pursuant to this Contract by reason of its failure to procure and maintain insurance, or
by reason of its failure to procure or maintain insurance in sufficient amounts, duration or types.

 As an independent contractor the Contractor is not entitled to Worker's Compensation benefits

under the Company/Client plan. Furthermore, the Contractor is obligated to pay federal and
state income tax on any monies' earned pursuant to this contractual relationship.
 
 The parties hereto understand and agree that the Company/Client, its officers, and its
employees, are relying on, and do not waive or intend to waive by any provision of this Contract,
the monetary limitation or any other rights, immunities, and protections provided by state and
federal laws.
 

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Subcontracting
Contractor agrees that, not withstanding, any agreement for materials and/or labor between the
Contractor and a third party, Contractor is responsible to ________________________ for completion
of all work described in a timely and workmanlike manner.
 
 
 
Construction-Related Permits
The following construction-related permits will be necessary in order to complete the scope of the work
included in this Agreement: Building, Plumbing, Electrical, Mechanical, Water, Sewer, Smoke Detector
and Gas.
 
The Contractor, in accordance with current state and federal laws, shall be required to apply for and
obtain all construction-related permits. The contractor shall not be deemed responsible for delays in the
work described in this Agreement caused by regulatory, permit granting or inspection agencies,
authorities or individuals.
 
Modification
This Agreement, including the provisions relating to price and payment schedule cannot be changed
except by a written statement signed by both ________________________ and
________________________. However, cancellation by ________________________ is allowed in
accordance with the Notice of Cancellation as outlined under Rights to Cancellation below.
 
Rights To Cancellation
The Company/Client has the right to cancel the Contract Agreement, without any penalty or obligation
within three (3) business days after signing the contract by ordinary posted mail, by telegram or certified
mail, not later than midnight of the third business day of the signing of this agreement.
 
Warranties
The Contractor agrees to warrant the finished project for one year beginning from the date of
completion for one year following. The Contractor agrees to correct any defect during the one (1) year
period in a prompt manner from the time the Contractor is notified. The ________________________
shall notify the Contractor of a defect as soon as the defect is discovered. All notices of defect shall be in
writing and shall state with specificity, the defect discovered.
 
Contractor agrees to provide ________________________ with all manufacturers' warranties,
guarantees, instructional booklets, and other informative literature of the products and materials used
in the home.
 
No employee, agent, or subcontractor is authorized to make any representation or warranty on behalf
of the Contractor other than those contained in this Agreement. This warranty is non-transferable.
 

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Miscellaneous Provisions
This Contract is governed by the laws of ________________________.
 
Contractor shall not assign this contract. The provisions of the Contract are binding on the heirs,
successors or assignees of the parties.
 
The rights and remedies available under this Contract shall be in addition to any rights and remedies
allowed by law.
 
No failure to enforce any provision of this Contract on account of any breach thereof shall be considered
as a waiver of any right to enforce provisions of this Contract concerning any subsequent or continuing
breach.
 
The terms of this Agreement shall remain in full force and effect following final payment.
 
Completeness of Agreement for Execution
________________________ is hereby advised they should not sign this Agreement unless all blank
sections have been filled in or marked as void, delete or as not being applicable, and until all exhibits
and related or referenced documents that are incorporated herein and attached hereto.
 
Copy of Agreement to Be Given to Company/Client
This Agreement is governed by current state and federal laws. It must be executed in duplicate, and an
original signed copy hereof given to the Company/Client at the time of execution. No work under this
Agreement shall begin prior to the signing of this Agreement and transmitted to the Company/Client of
copy thereof.
 
Agreement to Arbitrate in the Extent of Dispute
The Contractor and the Company/Client hereby mutually agree in advance that in the event that the
Contractor has a dispute concerning this contract, the contractor may submit such dispute to either the
American Arbitration Association or to such other private arbitration service which has been approved
by the secretary of the Executive of Consumer Affairs and Business Regulations and the consumer shall
be required to submit to such arbitration as provided under current state and federal laws. The decision
and award of the arbitrator shall be final. The costs of such proceedings shall be borne equally by both
parties.
 
Severability Clause
The provisions of the Contract shall be deemed to be severable, and if any term, condition, phrase or
portion of the Contract shall be determined to be unlawful or otherwise unenforceable, the remainder
of the Contract shall remain in full force and effect, so long as the clause severed does not affect the
intent of the parties.
 

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Indemnification
The ________________________ agrees to indemnify and hold harmless ________________________
and its employees, from and against all liability, claims, demands, and expenses, including court costs
and attorney fees, on account of any injury, loss or damage, which may arise out of or are in any manner
connected with the work to be performed under this Contract, if any such injury, loss or damage is cause
in whole or in part by, or is claimed to be caused in whole or in part by, the negligent acts, errors, or
omissions of the Contractor, any Subcontractor of the Contractor, or any officer, employee, or agent of
the Contractor. The obligations of this Section shall not apply to damages which
________________________ shall become liable by final judgment to pay to a third party as the result
of the negligent act, error or omission of ________________________
 
Executed as our free act and deed on ________________________.
 
 
 
_________________________________________
(Contractor Signature)
 
________________________________________________
(________________________)
 
 
_______________________________________
(Client/Company Signature)
 
______________________________________________
(________________________)
 
 
_______________________________________
(Client/Company Signature)
 
______________________________________________
(________________________)
 
This contract shall be considered null and void if it is not signed and returned to
________________________ within ten (10) business days from the date of the contract.
 
 
 
 
 

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EXHIBIT A
SPECIFICATIONS SHEET
 
WORK DESCRIPTION
Design and construct a ________________________ with the following plan details:
 
ENGINEERING
Prepare and stake off area prior to commencement of work. Survey and draft a design and plan for
submission for the Building Department. ________________________
 
PLANS & PERMITS
________________________ shall supply all required building plans to apply for a building permit from
the City of ________________________ in the Municipality or Township of
________________________. The plans shall consist of all items necessary to complete the construction
work under this contract. The building permit shall consist of, but not limited to, water, sewer, electric,
plumbing and mechanical permit.
 
LANDCLEARING
Remove the desired trees and shrubbery from the site; all branches shall be ground up and left on site.
Any tree stumps shall be dug up and removed from the site to a legal disposal area.
 
EXCAVATION
________________________
 
SITE WORK
________________________
 
FOUNDATION
________________________
 
CONCRETE FLOORING
________________________
 
FRAMING
Frame the structure in accordance to the approved plans and shall be constructed using the following

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materials:
________________________
 
ROOFING
________________________
 
WINDOWS
________________________
 
EXTERIOR & INTERIOR DOORS
________________________
 
GARAGE DOORS
________________________
 
BRICKWORK
________________________
 
FIREPLACE
________________________
 
VENTILATION
________________________
 
ELECTRICAL
________________________
 
PLUMBING
________________________
 
HEATING
________________________
 
GAS LINES
________________________
 
CENTRAL VACUUM
________________________
 

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SECURITY SYSTEM
________________________
 
AIR CONDTIONING
________________________
 
INSULATION
________________________
 
WALL FINISH
________________________
 
INTERIOR TRIM
________________________
 
 CABINETS
________________________
 
PAINTING
________________________
 
FLOORING
________________________
 
LANDSCAPING
________________________
 
SPRINKLER SYSTEM
________________________
 
EXTERIOR WALKWAYS
________________________
 
DRIVEWAY
________________________
 
DECK or PORCH
________________________
 

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APPLIANCES
________________________
 
BATHROOM
________________________
 
FENCING
________________________
 
TILE
________________________
 
DUCT WORK
________________________
 
MISCELLANEOUS
________________________
 
 
 
 
 

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EXHIBIT B
CORPORATION CERTIFICATE OF AUTHORIZATION
 
We, ________________________, Presiding Officer and ________________________, Secretary of the
meeting of the Board of Directors held on ________________________, a quorum being present, said
committee, by majority vote of the members present, did resolve and authorize that
________________________ as ________________________ of the Corporation, is authorized and
directed to execute and deliver the Agreement on behalf of the Corporation and to do and perform all
acts and things which s/he deems to be necessary or appropriate to carry out the terms of the
Agreement and documents contemplated by the Agreement.
 
The undersigned further certifies that ________________________ now holds the office of
________________________ and s/he has held that office since ________________________.
 
IN WITNESS WHEREOF, the undersigned has executed this Certificate of Authority on
________________________.
 
 
Secretary Signature: __________________________________________________
(________________________)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

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EXHIBIT C
PAYMENT SCHEDULE
 
WORK DESCRIPTION PERCENT PAYABLE OF TOTAL COST
Deposit to Begin Work ________________________%
Foundation Completion ________________________%
House Deck Completion ________________________%
Framing Completion ________________________%
Roof Sheathing ________________________%
Windows Installed ________________________%
Roofing Completion ________________________%
Brick Delivered & Started ________________________%
Brickwork Completed ________________________%
Plumbing Roughed ________________________%
Electric Roughed ________________________%
Rough Heating System Completed ________________________%
Insulation Completed ________________________%
Plasterwork Completed ________________________%
Finish Heating Completed ________________________%
Interior Trim Installed ________________________%
Interior Doors Installed ________________________%
Kitchen Cabinets & Tops Installed ________________________%
Concrete Floor Completed ________________________%
Ceramic Tile Flooring Completed ________________________%
Carpeting Completed ________________________%
Finish Plumbing Fixtures Completed ________________________%
Bathroom Cabinets & Counter Completed ________________________%
Finish Electric Completed ________________________%
Interior Painting Completed ________________________%
Landscaping Completed ________________________%
Driveway Completed ________________________%
Appliances Installed ________________________%
Sprinkler System Installed ________________________%
Occupancy Permit ________________________%
Final Company/Client Inspection ________________________%
 
Upon final inspection, the Company/Client shall submit, in writing, a punch list of any item that may
need attention by the contractor upon the completion of substantial construction. At that time, the
contractor will make any needed adjustments to satisfy the aforementioned punch list as soon as

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possible. Upon completion of the punch list, the Company/Client will do a final walk through and sign off
for payment of the balance of the contract which shall be due.
 
All selections of materials shall be made from the contractor's vendors and suppliers. Any overages on
the allowances given will be charged a 10% fee to cover the contractor's overhead and profit.
 
Company/Client agrees not to take occupancy of the premises until the contractor has been paid in full
unless the contractor has provided written permission to the Company/Client.

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