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Accounting Contract Page 1 of 6
Construction Contract
This Construction Contract (“Contract”) is entered into ____________________ (the “Effective Date”), by
and between ________________________, with an address of _____________________________ (the
“Contractor”) and _________________, with an address of _______________________________, (the
“Customer”), collectively the “Parties.”
1. Construction Services. The Customer wishes to obtain the Contractor’s services to perform the
following work (the “Services”). Detailed plans and specifications illustrating the Services shall
be attached to this Contract.
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
The Services are to be performed at the following address:
_____________________________________________________________________________
(the “Property”).
The Contractor agrees to furnish the labor, materials, and supplies necessary to perform the
Services in accordance with the terms and conditions contained in this Contract. Upon
completion of the Services, the Contractor will remove all materials, supplies, and other debris.
2. Changes in the Services. The Customer may request reasonable changes to the Services
described in Section 1. Any changes to the Services must be in writing and signed by both the
Contractor and the Customer. The Customer agrees that any changes to the Services may result
in additional charges and extend the Construction Schedule described in Section 3.
3. Construction Schedule. The Contractor will complete the Services in accordance with the
following schedule. The Customer agrees that all dates are subject to change if the Customer
requests any changes or additions to the Services. Completion date is further subject to weather
conditions.
Accounting Contract Page 2 of 6
Start Date: __________________
Substantial ___% Completion Date: __________________
Full Completion Date: __________________
4. Payment Schedule. The Customer agrees to pay the Contractor the Total Payment specified
below for the Services in accordance with the following schedule:
Upon execution of the Contract: $_______________________
Upon completion of ___ % of the Services: $_______________________
Upon completion of all Services: $_______________________
TOTAL AMOUNT DUE: $_______________________
The Contractor agrees to provide Customer a breakdown of all costs (i.e., materials and labor)
upon the Customer’s request.
5. Representations.
5.1. Contractor Representations. The Contractor is a duly licensed general contractor in
good standing, License #____________. The Contractor will perform the Services in a
workmanlike manner, in compliance with all applicable laws, regulations, codes,
restrictive covenants, and homeowners’ association requirements.
5.2. Customer Representations. The Customer is the legal owner of the Property, or
otherwise has authority to permit construction upon the Property. The requested Services
are in accordance with all applicable laws, regulations, codes, restrictive covenants, and
homeowners’ association requirements. The Customer has the financial ability to pay the
Contractor for the Services.
6. Obligations.
6.1. Contractor Obligations. The Contractor will obtain, at its own cost, all necessary
permits and approvals to perform the Services. The Contractor agrees to provide the
Customer lien waivers, lien releases, and/or acknowledgement of full payment upon
receipt of each payment laid out in the Payment Schedule in Section 4 above. The
Contractor will take all reasonable safety precautions in performing the Services. The
Contractor will comply with all applicable laws, ordinances, rules, regulations, and orders
of public authorities for the safety of persons and property.
Accounting Contract Page 3 of 6
6.2. Customer Obligations. The Customer will provide the Contractor, its employees,
agents, and subcontractors, reasonable access to the Property for the purpose of
performing the Services. The Customer agrees to keep the Property clear of all known
and potential hazards. The Customer further agrees to keep all pets out of the work area
of the Property.
7. Insurance. The Contractor warrants it is adequately insured for injury to its employees and any
others incurring loss or injury as a result of the acts of the Contractor or its employees and
subcontractors. The Contractor additionally warrants it is adequately insured for any damages
and/or losses experienced at the Property as a result of the acts of the Contractor or its
employees and subcontractors.
8. Subcontractors. The Contractor may engage subcontractors to perform work at its discretion,
provided that the Contractor shall fully pay any subcontractor and in all instances remain
responsible for the proper completion of this Contract and any and all actions of the
subcontractor.
9. Events Beyond Contractor’s Control. The Customer agrees that if the Contractor is unable to
complete the Services by the Completion Date because of reasons that were not caused by the
Contractor (i.e., availability of necessary supplies, materials, etc.) or because of events beyond
the Contractor’s control (such as labor issues, fire, flood, acts of God, vandalism, etc.), the
Contractor will not be deemed to have breached this Contract and the time for the Contractor to
complete the Services will be extended by the amount of time reasonably necessary for the
Contractor to complete the Services and at a schedule agreeable to the Parties. The time for the
Customer to pay the Contractor for the Services will be extended in the same manner.
10. Liability Waiver. If a Contractor, or any of its employees, contractors, agents, or the like are
injured in the course of performing the Services, the Customer is exempt from liability for those
injuries to the fullest extent allowed by law, unless such injury is caused by the negligence of the
Customer.
11. Termination. The Customer can terminate the Contract by giving written notice: (a) if the
Contractor commits any material breach of this Contract and fails to correct the breach within 10
days of notice of the breach; or (b) if there is any repeated failure by the Contractor to execute
the Services in an acceptable standard and to the reasonable satisfaction of the Customer.
The Contractor can terminate the Contract by giving written notice: (a) if the Customer fails to
make the payments required and set forth in Section 4 within 5 days of notice of failure to make a
payment; or (b) if the Customer commits any other material, non-financial breach and fails to
correct the breach within 10 days of notice of the breach.
Accounting Contract Page 4 of 6
12. Entire Agreement. This document reflects the entire agreement between the Parties and reflects
a complete understanding of the Parties with respect to the subject matter. This Contract
supersedes all prior written and oral representations. The Contract may not be amended, altered
or supplemented except in writing signed by both the Contractor and the Customer.
13. Dispute Resolution and Legal Fees. In the event of a dispute arising out of this Contract that
cannot be resolved by mutual agreement, the Parties agree to engage in mediation. If the matter
cannot be resolved through mediation, and legal action ensues, the successful party will be
entitled to its legal fees, including, but not limited to its attorneys’ fees.
14. Legal and Binding Contract. This Contract is legal and binding between the Parties as stated
above. This Contract may be entered into and is legal and binding both in the United States and
throughout Europe. The Parties each represent that they have the authority to enter into this
Contract.
15. Severability. If any provision of this Contract shall be held to be invalid or unenforceable for any
reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that
any provision of this Contract is invalid or unenforceable, but that by limiting such provision it
would become valid and enforceable, then such provision shall be deemed to be written,
construed, and enforced as so limited.
16. Waiver. The failure of either party to enforce any provision of this Contract shall not be construed
as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance
with every provision of this Contract.
17. Applicable Law. This Contract shall be governed and construed in accordance with the laws of
the state where the Property is located, without giving effect to any conflicts of laws provisions.
BY SIGNING BELOW, CUSTOMER ACKNOWLEDGES HAVING READ AND UNDERSTOOD THIS
CONTRACT AND THAT CUSTOMER IS SATISFIED WITH THE TERMS AND CONDITIONS CONTAINED
IN THIS CONTRACT. CUSTOMER SHOULD NOT SIGN THIS CONTRACT IF THERE ARE ANY BLANK
SPACES. CUSTOMER IS ENTITLED TO A COPY OF THIS CONTRACT.
[ Remainder of this page intentionally left blank. Signature page follows. ]
Accounting Contract Page 5 of 6
The Parties agree to the terms and conditions set forth above as demonstrated by their signatures as follows:
Contractor
Signed: _____________________________________
Name: _____________________________________
Date: _____________________________________
Customer
Signed: _____________________________________
Name: _____________________________________
Date: _____________________________________
Accounting Contract Page 6 of 6
