CONSTRUCTION SERVICE AGREEMENT
BETWEEN
THIS GUY CONSTRUCTION & FLOORING, LLC.
AND
“THE OWNER”
CONSTRUCTION SERVICE AGREEMENT
This Construction Service Agreement, herein referred to the “Agreement,” made this _______ day of ______________ 20__ between This Guy Construction & Flooring LLC, herein referred to as “The Contractor” and _______________________ herein referred to as “The Owner” for services in connection with Construction of the following described project: ____________________________________.
WHEREAS the Contractor desires to provide Construction services to the Owner, and the Owner desires to obtain the said construction services from the Contractor.
THEREFORE, in consideration of the mutual promises set forth below, the Contractor and the Owner shall agree to the terms and conditions herein contained in this Contract and enumerated as follows:
- DESCRIPTION OF SERVICE.
The Contractor agrees to perform in a good and workmanlike manner and shall provide all services, materials and labor for the construction of ________________________ on the property located at ________________________ hereinafter referred to as the “Worksite.”
- DOCUMENTS.
Any related documents, such as designs, drawings, or descriptions of work that relate to the service to be provided shall be supplied by the Owner unless the Owner explicitly instructs the Contractor to obtain the same on their behalf.
- PAYMENT TERMS.
In consideration of the performance of the Agreement, the Owner agrees to pay to the Contractor in current funds as compensation for his services as follows:
- Fifty percent (50%) of the total cost of the project at the beginning of the construction as a down payment.
- Thirty percent (30%) of the total cost of the project when in the middle of the construction.
- Twenty percent (20%) of the total cost of the project after completion of the construction.
For delays in the Project, not the responsibility of the Contractor, there will be an equitable adjustment in the fee to compensate the Contractor for his increased expenses.
- CHANGES/MODIFICATIONS.
Any party herein can request for any changes to the terms in the agreement and/or the scope of work or service being performed as well as any cost associated with change requests upon a written request (which will not be unreasonably withheld) and parties will prepare an addendum to this contract.
- SUBCONTRACTS.
A Subcontractor is a person or entity who has a direct contract with the Contractor to perform any Work in connection with the Project. The term Subcontractor does not include any separate contractor employed by the Owner or the separate contractors’ subcontractors.
All portions of the Work that the Contractor does not perform with his forces shall be performed under subcontract.
No contractual relationship shall exist between the Owner and any Subcontractor. The Contractor shall be responsible for the management of the Subcontractors in the performance of their work.
- TERMINATION.
The Owner has the right to terminate this service Agreement, without any penalty or obligation within three (3) business days after signing the contract by ordinary posted mail or certified mail, not later than midnight of the third business day of the signing of this agreement.
If the Owner terminates the Agreement without any cause, he shall reimburse the Contractor for any unpaid Cost of the Project due to him, plus any unpaid balance of the Contractor’s Fee. In case of such termination of this Agreement, the Owner shall further assume and become liable for obligations, commitments, and unsettled claims that the Contractor has previously undertaken or incurred in good faith in connection with said Work.
If the Project is stopped for a period of thirty (30) days under an order of any court or other public authority having jurisdiction, or as a result of an act of government, such as a declaration of a national emergency making materials unavailable, through no act or fault of the Contractor or if the Project should be stopped for a period of thirty (30) days by the Contractor for the Owner’s failure to make payment thereon, then the Contractor may, upon seven days written notice to the Owner, terminate this Agreement and recover from the Owner payment for all Work executed, the Contractor’s Fee earned to date, and for any proven loss sustained upon any materials, equipment, tools, construction equipment, and machinery, including reasonable profit and damages.
- COMMENCEMENT AND COMPLETION OF WORK.
The 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 ________________________.
The Owner 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.
- 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 Washington and Employer’s Liability Insurance.
- The Contractor shall procure and maintain, and shall cause any Subcontractor of the Contractor to procure and maintain, the minimum insurance coverage listed herein.
- The parties hereto understand and agree that the contractor, 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.
- CONSTRUCTION-RELATED PERMITS.
The following construction-related permits will be necessary to complete the scope of the work included in this Agreement:
- ______________________________
- ______________________________
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.
- 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 Owner 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.
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.
- DISPUTE/CONFLICT RESOLUTION.
The Contractor and the Owner hereby mutually agree to have mutual negotiations if there arises a dispute concerning this contract. If the negotiations fail, parties may resolve the issue through Arbitration. The decision and award of the arbitrator shall be final. The costs of such proceedings shall be borne equally by both parties.
- INDEMNIFICATION.
The Owner agrees to indemnify and hold harmless the Contractor 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 caused 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 the Contractor shall become liable by final judgment to pay to a third party as the result of the negligent act, error, or omission of the Contractor. `
- GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the state of Washington.
- FORCE MAJEURE
For this agreement, “Force Majeure” means an event which a diligent party could not have reasonably avoided in the circumstances, which is beyond the control of a party and includes,
but is not limited to, war, riots, civil disorder, earthquake, storm, flood, or adverse weather conditions, strikes, lockouts or other industrial action, terrorist acts, confiscation, or any other
action by government agencies.
A Party’s failure to fulfill its obligations due to Force Majeure, shall not be considered a breach of this agreement provided that the party has taken all reasonable precautions, due care, reasonable alternative measures, and minimal delay all to carry out the terms of this agreement.
- SEVERABILITY.
If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause, or provision, and such invalid term, clause, or provision shall be deemed to be severed from the Agreement.
IN WITNESS WHEREOF, each of the Parties has executed this Contract, as of the day and year set forth above.
| Signed by the duly Authorized Representative of the CONTRACTOR; | Signed by the duly Authorized Representative of the OWNER; |
| Signature: …………………………………………. | Signature: …………………………………… |
| Name: ……………………………………………… | Name: …………………………………………… |
| Designation: ……………………………………… | Designation: ……………………………………. |
| Date: ……………………………………………… | Date: …………………………………………… |
| Telephone: ……………………………………… | Telephone: ……………………………………… |
| Email Address: …………………………………… | Email Address: …………………………………. |
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