CONSTRUCTION CONTRACT

                                   XXXX

Phone: XXXX

Email: XXX

CONSTRUCTION CONTRACT

THIS AGREEMENT is hereby entered into on this ………………day of …….……………. Two Thousand and ……………………………

BETWEEN

  1. [Contractor Name], with an address of [Contractor Address] hereinafter referred to as (the “Contractor”)
  2. [Client Name], with an address of [Client Address] hereinafter referred to as (the “Client”).

WHEREAS, the Client desires to engage the services of the Contractor, and the Contractor is willing to provide such services in accordance with the terms and conditions set forth herein.

Whereas, the parties desire to establish a clear understanding of the scope of the services to be provided, the compensation to be paid, and the respective rights and obligations of the parties under this Contract;

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the parties agree as follows:

  1. SCOPE OF WORK:

This proposal includes the construction of [insert description of the project], including but not limited to site preparation, foundation, framing, electrical and plumbing installation, roofing, finishing, and cleanup. The materials to be used shall be [insert details of the materials to be used], and the timeline for completion of the project shall be [insert estimated duration of the project]. The specific project goals are to [insert specific project goals, such as meeting building codes, providing a safe and functional space, and achieving the desired aesthetic].

This proposal does not include any work not directly related to the construction of the [insert description of the project], such as landscaping, interior design, or the purchase of furniture and equipment.

Total Bid Price: $[Insert total bid price]. NOTE: This bid price is subject to change based on any changes or modifications to the scope of work or materials used.

  1. PAYMENT TERMS:

The Client agrees to pay the Contractor the following amounts for the work performed:

  1. A $ [Specify the amount] deposit is due at the signing of this document.
  2. Within [Specify the number of days] days after the start of the project, a payment of $ [Specify the amount] will be due to cover the cost of applicable hardware and lumber.
  3. After [Specify the number of days] days, a payment of $ [Specify the amount] will be due.
  4. A final payment of $ [Specify the amount] will be due upon completion of the project.
  5. Late payments will be subject to a penalty of [Specify the penalty amount or percentage] per day until the payment is received in full.

CHANGE ORDERS:

The Contractor will notify the Client in writing of any changes to the work required under this Contract. The Client will have the right to approve or reject any proposed changes, and any additional fees that may apply as a result of the changes. Anything not on plans, or changes requested by the owner will be performed at the rate of eighty-five dollars ($85.00) per man per hour, plus the cost of any additional materials necessary with a fifteen percent (15%) handling fee.

  1. WARRANTIES:

The Contractor warrants that all materials used in the work performed under this Contract will be new, unless otherwise specified in writing. The Contractor further warrants that all workmanship will be of good quality and in accordance with applicable industry standards. All warranties will be effective for a period of [duration of warranties].

  1. INSURANCE AND LIABILITY:

The Contractor will carry insurance that includes general liability, workers’ compensation, and automobile liability insurance. The Client will be named as an additional insured on the Contractor’s general liability policy. The Contractor will be responsible for any damages or injuries that occur during the project, except to the extent caused by the Client’s negligence.

  1. TERMINATION CLAUSE:

Either party may terminate this Contract if the other party fails to meet its obligations under the Contract. In the event of termination, the Client will pay the Contractor for all work performed up to the date of termination.

  1. INDEMNIFICATION:

The Client shall indemnify, defend, and hold harmless the Contractor, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with any breach by the Client of this Contract, any negligent act or omission by the Client or its agents, or any violation by the Client of any applicable law or regulation. The Contractor shall promptly notify the Client of any such claim, and the Client shall have the right to control the defense and settlement of such claim, provided that the Contractor may participate in such defense at its own expense. The obligations of this section shall survive the termination or expiration of this Contract.

  1. DISPUTE RESOLUTION:

Any disputes arising out of or related to this Contract will be resolved through mediation or arbitration, as determined by the parties. The parties will select a mediator or arbitrator and will split the costs of the mediation or arbitration equally. If the dispute cannot be resolved through mediation, the parties agree to submit to the exclusive jurisdiction of the courts located in California.

  1. CONFIDENTIALITY:

This Confidentiality clause defines Confidential Information as any information, document, or material provided by one party that is not generally known to the public and is designated as confidential or proprietary. The Receiving Party agrees to hold this information in strict confidence and take reasonable measures to protect its confidentiality, limiting access to only those who have a need to know. Exceptions to confidentiality include information already known, publicly known, received from a third party without restriction, independently developed, or required to be disclosed by law. Upon termination, the Receiving Party must promptly return or destroy all Confidential Information and such obligations shall survive for a specified period. The Disclosing Party may seek equitable remedies for any breach of this provision.

  1. INDEPENDENT CONTRACTOR STATUS:

The parties acknowledge that they are independent contractors and that nothing in this Contract shall be construed to create a joint venture, partnership, agency, or employer-employee relationship between them.

  1. FORCE MAJEURE CLAUSE:

Neither party will be held liable for any failure or delay in the performance of its obligations under this Contract caused by events beyond its control, including, but not limited to, acts of God, war, terrorism, fire, flood, hurricane, earthquake, strikes, lockouts, or other labor disputes, riots, or government regulations (collectively, “Force Majeure Events”). If a Force Majeure Event occurs, the party affected by it will promptly notify the other party and will use reasonable efforts to resume performance as soon as possible. If the Force Majeure Event continues for more than [number of days] days, either party may terminate this Contract without penalty or liability.

  1. GOVERNING LAW:

This Contract will be governed by and construed in accordance with the laws of California without giving effect to its conflicts of law provisions. Any legal action arising out of or related to this Contract will be brought in the courts of California.

  1. ENTIRE AGREEMENT:

This Agreement constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, between the Parties with respect to the subject matter of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

SIGNED by the parties:                                    )

…………………………….                                          ) _________________

(NAME OF CONTRACTOR- CONTRACTOR)             Signature

Date: ……………………….

AND

………………………………..                                    )_________________

(NAME OF CLIENT-CLIENT)                                  Signature

Date: ……………………….

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