[Contractor’s Name]
[Contractor’s Address]
[City, State, Zip]
[Date]
[Customer’s Name]
[Customer’s Address]
[City, State, Zip]
Dear [Customer’s Name],
CONSTRUCTION SERVICES AGREEMENT
THIS AGREEMENT (“Agreement”) is entered into by and between [Contractor’s Name], a New Mexico company holding NM GB02 License 410029 and whose place of business is located at [Address], (“Contractor”) and [Customer’s Name] whose address is at [address] (“Customer”).
1.Scope of Work
1.1 Contractor agrees to provide construction services to Client for the [property description] project as specified in the scope of work and estimate provided by Contractor. Such services shall include, but not be limited to, the following:
- a) Evaluation of the property and planning of construction project;
- b) Preparation of a detailed scope of work and estimate for the construction project;
- c) Coordination of all necessary permits and inspections;
- d) Demolition and removal of existing structures or materials as necessary;
- e) Construction and installation of new structures or materials as necessary;
- f) Cleaning and disposal of construction debris;
- g) Project management and supervision, including scheduling of subcontractors and monitoring of progress;
- h) Communication with the Customer, including providing regular updates on the progress of the project;
- i) Documenting and billing of all work performed, including providing detailed invoices and backup documentation.
1.2 Material Selection
The Customer has the right to select the color of certain materials used in the project, such as paint, flooring, or roofing materials. Any additional costs associated with the selection of non-standard colors will be the responsibility of the customer.
- Contract Price
2.1 The contract price shall be equal to the amount agreed upon by Contractor and Customer for the construction work, as detailed in the scope of work and estimate provided by Contractor.
- Payment Terms
Customer agrees to pay Contractor the following amounts:
3.1 A deposit of [deposit amount] is due upon signing this agreement.
3.2 The remaining balance shall be paid in full upon completion of the construction work.
3.3 A late fee equal to 10% of the outstanding balance shall be assessed if the remaining balance is not paid within five (5) days of completion of the construction work.
- Change Orders.
4.1 If either party wishes to modify the Scope of Work, they must request such changes in writing, specifying the proposed modifications to the Scope of Work and the corresponding adjustment to the payment schedule. Both parties must sign the written request to approve the change. Such modification shall be executed in the form of a Change Order, which shall become a part of this Agreement upon execution by both parties. No modification to the Scope of Work shall be effective unless and until it is documented in a Change Order signed by both parties.
5.Unforeseen Conditions and Limitation of Liability
5.1 Contractor shall not be responsible for any damages, costs, or delays resulting from unforeseen conditions, such as hidden structural damage, mold, or other issues not visible during the initial inspection.
5.2 In the event that unforeseen conditions are discovered during the course of work, Contractor shall promptly notify the Customer and discuss potential solutions, additional costs, and revised timelines, if applicable.
5.3 Any changes to the scope of work or contract price due to unforeseen conditions must be agreed upon in writing by both parties before proceeding with the additional work. Contractor shall also not be responsible for damages to or malfunctions of any systems, including HVAC, plumbing, and electrical systems, which were not directly caused by Contractor’s work.
6.Force Majeure
6.1 Neither party shall be liable for any failure or delay in performance under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, public health emergencies, labor disputes, strikes, or government actions.
6.2 In the event of a force majeure, the affected party shall promptly notify the other party and shall make reasonable efforts to mitigate the impact of the force majeure event and resume performance as soon as possible.
7.Right to Cancel
7.1 In accordance with the Federal Trade Commission’s Cooling-Off Rule, the Customer has the right to cancel this Agreement without penalty within three (3) business days of signing the Agreement.
7.2 To exercise this right, the Customer must provide a written notice of cancellation to the Contractor within the three (3) business day period. The written notice of cancellation can be sent to the following address: PO Box 65515, Albuquerque, NM 87193, or via email at info@altituderoofingnm.com. If the Customer chooses to cancel, any payments made by the Customer will be promptly refunded.
8.Limited Lifetime Workmanship Warranty
8.1 Contractor warrants to the original property owner (“Customer”) that the labor provided for the installation of Owens Corning and Versico roofing materials will be free from defects in workmanship under normal use and service for the duration of the applicable material warranty provided by the respective manufacturers, subject to the terms and conditions set forth below.
8.2 This Limited Lifetime Workmanship Warranty (“Warranty”) is only applicable to the work performed by the Contractor and does not cover any defects, damages, or failures resulting from the roofing materials themselves. The Customer must seek remedies for material defects directly from the respective manufacturers.
8.3 This Warranty is initially non-transferable and only applies to the Customer listed in the contract. However, the Warranty may be transferred to a new homeowner upon payment of a $1,200 transfer fee, provided that the new homeowner submits a written request for transfer to the Company within 30 days of the property’s change of ownership.
8.4 The Warranty is subject to the following exclusions and limitations:
- Damage due to natural disasters, severe weather conditions, or any other force majeure events.
- Damage or defects resulting from unauthorized repairs or modifications to the roofing system.
- Damage due to improper maintenance, neglect, or abuse by the Customer or any third party.
- Damage resulting from normal wear and tear or aging of the roofing system.
- Damage caused by animals, pests, or insects.
- Damage caused by any other factors beyond the Contractor’s reasonable control.
8.5 To make a claim under this Warranty, the Customer must provide written notice to the Contractor within 30 days of discovering the workmanship defect, including a detailed description of the issue and any supporting evidence. Failure to provide timely notice may result in the denial of the Warranty claim.
8.6 If a valid claim is made under this Warranty, the Contractor’s sole obligation and the Customer’s exclusive remedy shall be, at the Contractor’s option, either to repair or replace the defective workmanship, without charge to the Customer. The Contractor shall have a reasonable period to perform such repair or replacement.
8.7 This Warranty is exclusive and in lieu of all other warranties, whether express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose. In no event shall the Company be liable for any incidental, consequential, or special damages arising out of or related to the performance of the work or the provision of this Warranty.
- Licensing and Insurance
9.1 The Contractor shall comply with all applicable state and local licensing requirements, and shall provide evidence of such licensing upon request.
9.2 The Contractor shall maintain general liability insurance coverage throughout the duration of the project, with coverage amounts and policy details to be agreed upon between the Contractor and the Customer. The Contractor shall provide evidence of such insurance coverage upon request.
- Authorization to Sign
10.1 By signing this Agreement, the Customer represents and warrants that they have the authority to enter into this Agreement and that they agree to be bound by its terms and conditions.”
11.Governing Law and Dispute Resolution
11.1This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflict of law provisions. In the event of any dispute arising out of or relating to this Agreement, the parties agree to first attempt to resolve the dispute through good faith negotiation and, if necessary, mediation with the assistance of a mutually agreed-upon neutral mediator.
11.2 If the parties are unable to resolve the dispute through mediation, they agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration shall take place in Albuquerque, New Mexico, and the arbitrator shall be selected in accordance with the rules of the American Arbitration Association. The parties hereby waive any right to a trial by jury in any litigation arising from or related to this Agreement. The prevailing party in any arbitration or litigation shall be entitled to recover its reasonable attorney’s fees and costs.
12.Independent Contractor Relationship
12.1 It is expressly understood and agreed that the relationship between Contractor and Customer is that of an independent contractor. Neither party shall be deemed to be an employee, agent, partner, or joint venture of the other, and neither party shall have the authority to bind or obligate the other in any manner.
12.2 Contractor is solely responsible for determining the means, methods, and manner of performing the work under this Agreement, and Customer shall have no right to control, supervise, or direct Contractor’s performance of the work, except as expressly provided in this Agreement.
13.Subcontractors
13.1 Contractor may, at its discretion, engage subcontractors to perform some or all of the work under this Agreement. Contractor shall remain responsible for the performance and quality of the work performed by any subcontractors and shall ensure that all subcontractors comply with the terms and conditions of this Agreement, as applicable.
13.2 Customer acknowledges and agrees that Contractor shall have the right to select and manage subcontractors in its sole discretion, provided that the engagement of subcontractors does not result in any material changes to the scope of work, contract price, or any other terms of this Agreement, without the prior written consent of Customer.
14.Termination for Cause
14.1 Either party may terminate this Agreement in the event of a material breach by the other party that remains uncured after the non-breaching party provides written notice of the breach and a reasonable cure period, not to exceed thirty (30) days. Material breaches include, but are not limited to, non-payment of amounts due under this Agreement, non-performance or unsatisfactory performance of work, or any other substantial failure to comply with the terms and conditions of this Agreement.
14.2 In the event of termination for cause, the non-breaching party shall be entitled to pursue all available legal and equitable remedies, including, without limitation, the right to recover damages, costs, and reasonable attorney’s fees. In the event of non-payment by the Customer, the Contractor reserves the right to file a mechanic’s lien against the property in accordance with applicable state law.
15.Indemnification
15.1 Each party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other party, its officers, directors, employees, agents, successors, and assigns (the “Indemnified Party”) from and against any and all losses, damages, liabilities, claims, actions, judgments, settlements, costs, and expenses (including reasonable attorney’s fees) (collectively, “Losses”) that arise out of or result from any third-party claim or action, to the extent such Losses are caused by or arise out of the Indemnifying Party’s (i) negligence, willful misconduct, or breach of any representation, warranty, or obligation under this Agreement; or (ii) infringement or misappropriation of any intellectual property rights of a third party.
15.2 The Indemnified Party shall promptly notify the Indemnifying Party in writing of any claim or action for which indemnification is sought and shall reasonably cooperate with the Indemnifying Party, at the Indemnifying Party’s expense, in the defense or settlement of such claim or action.
16.Attorney Fees
16.1 In the event of arbitration or litigation arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees and costs, in addition to any other relief to which it may be entitled.
17.Electronic Signatures
17.1The parties acknowledge that electronic signatures are enforceable and accepted under the Electronic Signatures in Global and National Commerce Act.
17.2By signing this Agreement electronically, the parties agree to be bound by its terms and conditions as if they had signed a paper copy of the Agreement.
17.3The parties agree to use the JobNimbus or DocuSign platform for electronic signatures, unless otherwise agreed upon in writing. The parties’ agreement to use electronic signatures does not limit their rights to enforce the Agreement or to seek any remedies available under the Agreement or applicable law.
18.Entire Agreement
18.1 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, negotiations, and representations, whether written or oral, relating to the subject matter.
18.2 This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by both parties.
19.Severability
19.1 If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
19.2 In the event that any term or provision is deemed unenforceable, the parties agree to negotiate in good faith to replace the unenforceable term or provision with a valid and enforceable one that reflects the original intent of the parties.
20.Waiver
20.1 No failure or delay by either party in exercising any right or remedy under this Agreement shall operate or be construed as a waiver of that right or remedy or any other right or remedy under this Agreement.
20.2 Any waiver of any provision of this Agreement must be in writing and signed by the waiving party.
21.Notices
21.1 All notices, requests, consents, claims, demands, waivers, and other communications hereunder shall be in writing and shall be deemed to have been given (a) when delivered by hand (with written confirmation of receipt); (b) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (c) on the date sent by email if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient; or (d) on the third day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid. Such communications must be sent to the respective parties at the addresses set forth at the beginning of this Agreement (or to such other address as may be designated by a party from time to time in accordance with this section). For the purposes of email communications, Contractor’s email address is info@altituderoofingnm.com, and Customer’s email address is [Customer’s Email Address].
22.Counterparts
22.1 This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Electronic signatures shall be deemed original signatures for purposes of this Agreement.
By signing below, the parties hereby acknowledge and agree to the terms and conditions of this Agreement:
[Contractor’s Name] [Customer’s Name]
By: ____________________________ By: ____________________________
Date: __________________________ Date: __________________________
[Contractor’s Representative] [Customer’s Representative]
Title: ___________________________ Title: ___________________________
Date: __________________________ Date: __________________________
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