REMODELLING AGREEMENT BETWEEN________________________(“CONTRACTOR”)
AND_____________________________ (“CLIENT”)
THIS AGREEMENT is made on the …………..day of………….20……., (hereinafter, “Effective
Date”) entered into by the Contractor and the Client (Contractor and Client collectively referred to as
the “Parties” or individually as the “Party”) and includes that Party’s successors and assigns.
In consideration of covenants and agreements contained in this agreement, and other good and
valuable consideration, the receipt of which is hereby acknowledged, Parties agree to the following
terms and conditions and to be bound thereby:
1. REMODELING SERVICES
The Client wishes to obtain the Contractor’s services to perform the following work:
___________________________________________________________________________
___________________________________________________________________________
_____________________________________________________________(the “Services”).
The Services are to be performed at the following address:
_____________________________________________________________(the “Property”).
2. CHANGES IN THE SERVICES
The Client may request reasonable changes to the Services described in Section 1. Any changes to the
Services must be in writing and signed by both the Contractor and the Client. The Client agrees that
any changes to the Services may result in additional charges and extend the Remodeling Schedule
described in Section 3.
3. REMODELING
The Contractor will complete the Services in approximately 4-6 weeks from the commencement of the
Services. The Client agrees that all dates are subject to change (at the Contractor’s discretion)
following project demolition, or if the Client requests any changes or additions to the Services.
The Client understands that the Contractor will strive to provide quality product, respecting their
estimated delivery times as precision work is their goal, therefore, the Client shall do the same and be
mindful when setting their time expectations.
Preliminary design renderings are only meant to provide the Client with an estimated visualization of
their delivered product, they do not constitute the final product.
4. PAYMENT
The Client agrees to pay the Contractor $__________________for the Services payable as follows:
Upon execution of the Contract to secure commencement of the Services:30%
Upon commencement of the Services: 30%
Upon completion of 80% of the Services: 35%
Upon completion of all Services (after final walkthrough): 5%
The deposit herein of $_____________________shall be NON-REFUNDABLE.
This payment reflects the Services provided in Section 1 above, any extra work will be billed
separately; the estimates and invoices only cover the specified Services in Section 1. The Contractor
agrees to provide the Client a breakdown of all costs (i.e., materials and labor) upon the Client’s
request. Estimated prices are only valid for 60 days after which they will be adjusted; any decorative
elements such as light fixtures and design items are not included in the estimate and are only meant to
enhance rendering’s presentation. If the Client fails to make payment by the agreed time, the
Contractor shall be entitled to claim interest on any overdue amount at the rate of _____% per
__________, The Contractor shall also assert rights to or claim a lien, or encumbrance of any type or
kind, including any mechanic’s lien herein for non-payment.
5. EVENTS BEYOND THE CONTRACTOR’S CONTROL
The Client agrees that if the Contractor is unable to complete the Services by the Completion Date
because of reasons that were not caused by the Contractor (i.e., availability of necessary supplies,
materials, etc.) or because of events beyond the Contractor’s control (such as the weather, labor issues,
fire, flood, acts of God, vandalism, etc.), the Contractor will not be deemed to have breached this
Contract and the time for the Contractor to complete the Services will be extended by the amount of
time reasonably necessary for the Contractor to complete the Services and at a schedule agreeable to
the Parties. The time for the Client to pay the Contractor for the Services will be extended in the same
manner.
6. SAFETY PRECAUTIONS
The Contractor will take all reasonable safety precautions in performing the Services. The Contractor
will comply with all applicable laws, ordinances, rules, regulations, and orders of public authorities for
the safety of persons and property. The Client agrees to keep the Property clear of all known and
potential hazards. The Client further agrees to keep all pets out of the work area of the Property, and to
be out of the premises (where applicable) to avoid any accidents or possible injuries since the property
will be considered a job site while the Services are being undertaken. The Client shall be responsible
for removing any valuable items on the Property, the Contractor shall not be liable for any loss or
damage therein.
7. LIABILITY WAIVER
If the Contractor, any of its employees, contractors, agents, or the like are injured in the course of
performing the Services, the Client is exempt from liability for those injuries to the fullest extent
allowed by law, unless the injury is due to the Client’s negligence.
8. WARRANTY
The Contractor warrants workmanship for a period of five (5) years from the completion of the
Services.
9. NON-ASSIGNMENT
The Client shall not transfer or assign this agreement without the Contractor’s consent. However, the
Contractor may transfer or assign this agreement or subcontract its obligations hereunder at any time
without the Client’s consent.
10. DISPUTE RESOLUTION
The Parties to this agreement will submit all disputes arising under this agreement to arbitration before
the American Arbitration Association (“AAA”). The dispute shall be referred to three arbitrators, one
to be chosen by each party and the third by the two Arbitrators so chosen. The expense of such
arbitration shall be borne by the Client.
11. TERMINATION
The Client can terminate the Contract by giving written notice if the Contractor commits any
material breach of this Contract and fails to correct the breach within ten (10) days of notice of
the breach.
The Contractor can terminate the Contract by giving written notice: (a) if the Client fails to
make the payments required herein within five (5) days of notice of failure to make a
payment; or (b) if the Client commits any other material, non-financial breach and fails to
correct the breach within ten (10) days of notice of the breach.
12. CONFIDENTIALITY
All non-public, confidential or proprietary information of the Contractor, disclosed by the Contractor
to the Client, whether disclosed orally or disclosed or accessed in written, electronic or other form or
media, and whether or not marked, designated or otherwise identified as "confidential" in connection
with this Agreement is confidential, solely for the use of performing this Agreement and may not be
disclosed, copied, or dealt with in any similar manner unless authorized in advance by the Contractor
in writing. Upon the Contractor’s request, the Client shall promptly return all documents and other
confidential materials received from the Contractor. The Contractor shall be entitled to injunctive
relief for any violation of this Section. This Section does not apply to information that, at the time of
disclosure, (i) is or has been available publicly, other than for the reason of disclosure directly or
indirectly by the Client; or (ii) has been made available to the Client and not bound by the obligation
of confidentiality, or confidential information obtained independently by the Client without assistance,
utilization, or use of confidential information.
13. NO PRESUMPTION AGAINST DRAFTING PARTY
This Agreement shall be construed as if drafted jointly by the parties hereto. In the event an ambiguity
or question of intent or interpretation arises, no presumption or burden of proof shall arise favoring or
disfavoring any party by virtue of the authorship of any provisions of this Agreement.
14. GENERAL PROVISIONS
Either Party may request changes to the agreement, but they will only be effective if agreed in writing,
and signed by all Parties. If any ambiguity is found in the agreement or various documents forming
this agreement, the Parties shall issue any necessary clarification or instruction. Unless otherwise
provided, failure by the Contractor to enforce any of the terms or conditions of this Agreement shall
not be a waiver of their right to enforce the terms and conditions of this Agreement. A waiver by the
Contractor of any right or benefit provided in this Agreement does not infer or permit a further waiver
of that right or benefit, nor does it infer or permit a waiver of any other right or benefit provided in this
Agreement. The provisions of this agreement are severable. If any provision is held to be invalid or
unenforceable, it shall not affect the validity or enforceability of any other provision. This agreement
may be executed in any number of counterparts, each of which shall be deemed to be an original and
all of which taken together shall constitute one instrument. This agreement constitutes the entire
agreement between the parties. It supersedes all prior oral or written agreements or understandings
between the Parties concerning the subject matter of this agreement.
All documents annexed to this agreement shall be subject to the terms under this agreement, provided
that the Parties append their signatures on the documents. The Parties will exercise utmost good faith
in this agreement. The article and section headings in this agreement are for convenience; they form in
no part of this agreement and shall not affect its interpretation. All pronouns and any variations thereof
shall be deemed to refer to the masculine, feminine, neuter, singular, or plural, as the identity of the
person or entity may require. As used in this agreement: words of the masculine gender shall mean
and include corresponding neuter words or words of the feminine gender, and words in the singular
shall mean and include the plural and vice versa. This Contract shall be governed and construed in
accordance with the laws of the state where the Property is located, without giving effect to any
conflicts of laws provisions.
Any notice required to be given between the Parties pursuant to the provisions of this Agreement shall
be in writing and shall be deemed duly given:
(i) if delivered by hand and receipted for by the party addressee, on the date of such receipt,
(ii) (ii) if mailed by domestic certified or registered mail with postage prepaid, on the third
business day after the date postmarked, or
(iii) sent by email.
at the following addresses or such changed address as the Party shall have specified by written notice,
provided that any notice of change of address shall be effective only upon actual receipt.
Any notice delivered by email shall request a receipt thereof confirmed by email or in writing by the
recipient, and the effective date of such notice shall be the date of receipt, provided such receipt has
been confirmed by the recipient.
Contractor: _______________________________________________________________
Client: ___________________________________________________________________
IN WITNESS WHEREOF, each of the Parties has executed this agreement, as of the day and year
set forth below.
BY SIGNING BELOW, THE CLIENT ACKNOWLEDGES HAVING READ AND UNDERSTOOD
THIS CONTRACT AND THAT THE CLIENT IS SATISFIED WITH THE TERMS AND
CONDITIONS CONTAINED IN THIS CONTRACT. THE CLIENT SHOULD NOT SIGN THIS
CONTRACT IF THERE ARE ANY BLANK SPACES. THE CLIENT IS ENTITLED TO A COPY
OF THIS CONTRACT AT THE TIME OF SIGNATURE.
Signed by the duly authorized representative of
the CONTRACTOR
Signature:
Name: ……………………………………………
Designation: ……………………………………
Signed by the CLIENT
Signature:
Name:
Date:…………………………………………
Date: ……………………………………………
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