CONTRACT SAMPLE
PARTIES TO THE CONTRACT
Property Owner: Contractor:
John Smith Mayflower Construction Co.™
Tel. 888.333.4567 (E-mail) client@site.me License # 2705115377
LOCATION OF WORK TO BE PERFORMED
1234 Main Street
Vienna, VA 22181
Owner wishes to engage Contractor to perform work to residence in accordance with plans and specifications applicable to this contract. Contractor wishes to accept this engagement. Both Owner and Contractor agree to all terms and conditions of the contract as set forth.
GENERAL SCOPE OF WORK
Contractor will furnish labor and materials sufficient to perform all of the work required by the plans and specifications established in drawings and contract documents except as otherwise specified. Where inconsistencies may exist between this document and the drawings, this document shall supersede the drawings.
SPECIFIC TASKS TO BE PERFORMED
Contractor will perform the work as required to complete this contract, and organize the subcontractors, if any, to make sure that the subcontractor work is being completed properly. At the final inspection, if technical questions will be discussed, Contractor will be available to attend.
PROJECT SCOPE:
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demo existing kitchen
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install exhaust hood duct pipe and connect to the existing ductwork
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paint kitchen area
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install kitchen cabinetry, according to the plan (TSG, “Cherry Glaze” finish)
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install door handles, 3” bar style
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install appliances, provided by client
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install counter top, granite Group A
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install backsplash tile, over the counter top
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install/connect kitchen sink and pullout faucet
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install/connect garbage disposal
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install two new door slabs, replace broken ones
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prep walls and ceiling, kitchen area
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paint walls and ceiling, 2 coats
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paint trim and doors, 2 coats semi-gloss
TEMPORARY POWER AND UTILITIES
Owner agrees to provide household utilities such as water and electrical power to Mayflower Construction workers to complete the project.
HAULING MATERIALS TO THE CONSTRUCTION SITE
Owner gives permission to use access through the house as required for the delivery of materials and/or removal of debris from the construction area. Any accidental damage caused to the existing property and its premises (not including trees, not including damage of rooms adjoining to the construction area that may be affected by the remodeling process, not including loss or damage to personal belongings located in adjoining to the construction area rooms) Mayflower Construction will bring to its original state.
DEMOLITION AND REMOVAL
Owner to provide the following:
Provide a clear and unobstructed work area (in the deck area) prior to commencement of project. This may include but not be limited to moving furniture and removing loose articles. Any item moved by Contractor will be an additional charge at the rate of $25/item.
Owner to be responsible for obtaining HOA, if desired.
Contractor to provide the following:
Demolition of existing structures and fixtures as required preparing the work area for the project.
Remove and dispose of all debris related to the project from the property.
CLEAN-UP
All construction debris to be removed from the job site and the area left raked / broom-cleaned at completion of the project. Any excess materials from construction purchased by Owner for purposes of this project will be offered to Owner upon completion of work. Owner may elect to keep or not to keep items such as paint, screws, tape, etc. If owner decides not to keep, Mayflower Construction will remove the materials from site. Mayflower Construction shall provide access to the house to the owners during the construction.
PRICE
The price for the above work, materials and labor will be supplied and performed by the Contractor on a fixed price basis. The fixed price being as follows:
Labor and material…………….…….……. $12,345.00*
Total………………………………………………… $12,345.00**
*Client is responsible for providing and delivering the following materials: appliances.
Floor tile installation assumes “Square Grid” and “Brickwork” patterns unless stated otherwise. Wall tile installation assumes “Square Grid”, “Brickwork” patterns or one-piece mosaic tile unless stated otherwise.
**Upon discovery issue(s), requests by county inspector on changing building existing condition(s), work scope change(s) are subjects to price change. All materials provided by the client are made subject to proper and timely delivery; delivery delays that cause work progress interruption will be compensated by the client at a flat rate of $350.00 per each business day of workflow interruption.
PAYMENT SCHEDULE
Owner agrees to make payments to Contractor as follows:
$ 5,000.00 upon contract signing
$ 5,000.00 due upon completion of cabinetry installation
$ 2,345.00 due upon punch list completion
The Contractor may cease operations and proceed to collect any balance due by any legal remedy if the Owner, as required herein, does not make any progress payment. The Owner may cease construction due to Owner’s decision to terminate contract for default or convenience. Default may be due to lack of performance or poor or faulty workmanship. Convenience may be for Owner’s own protection against any other work performed by Mayflower Construction without authorization. Owner will be obligated to pay only up to work performed. Owner also reserves its right to legal remedy as may be required.
WORK SCHEDULE AND TIME OF COMPLETION
Contractor will begin performance of the work under this contract by xx/xx/2018 and begin construction immediately, unless there are delays caused by circumstances out of the Contractor’s control (i.e., weather) or by Owner. If delay is longer than one week without any due cause, Owner is in its full right to receive all monies provided to Mayflower Construction up to that time; in return Owner may elect to rescind this agreement. Contractor estimates that work will be substantially completed in XX business days from the first day of labor work of this project. Owner agrees to allow an additional 5 days in case of any delay due to strikes, accidents, change of contract, or other causes beyond Contractor’s control, the time of completion will be extended accordingly, and determined mutually by Owner and Mayflower Construction. Both parties agree that time is of the essence.
DELAY
Contractor shall not be responsible for delays caused by events beyond the control of the Contractor, including, but not limited to, strikes, war, acts of God, riots, governmental regulations and restrictions, and delay in materials’ delivery (if any). Events caused by Owner’s failure to make allowance for material selections or by the performance of extra work shall likewise cause to extend the schedule, but not to create delays.
WARRANTY
All work is warranted for 1 (one) year against defects in workmanship, and all material is warranted as per manufacturers specifications. All material is guaranteed according to the manufacturer's warranty. If the mentioned material is unavailable, Contractor has the right to use comparable products but they must be presented to Owner first before the installation. If Owner agrees, work can proceed with substituted materials. The cost of the materials will be adjusted accordingly. The above work is to be performed in accordance with plans and specifications, except as otherwise stated in contract, and completed in a workmanlike manner.
GENERAL NOTICES
Contractor and Owner shall be responsible for collection fees and court costs plus reasonable amount of attorney’s fees for collections. Owner has the right to cancel this contract within three days after signing. In the event that Owner wishes to cancel the contract after 3 days but prior to start of the project, the Contractor will return the deposit less cost of materials ordered and less $500 non-refundable deposit fee. This contract may be withdrawn by Contractor if not accepted within 30 days. All claims will be fixed within 5 business days.
This contract constitutes the entire understanding of said parties, and no other understanding, collateral or otherwise, shall be binding unless in writing, signed by both parties and this contract shall not become effective unless and until same has been accepted, in writing, by a member/manager of the Contractor.
SIGNATURES OF ACCEPTANCE
Signed below by the parties to this agreement:
XX/XX/2017
______________________________ ________________________________
John Smith, Owner Date Mayflower Construction Co.