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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