1. Parties
This Construction Contract (the "Contract") is made on [DATE] between [OWNER NAME], of [OWNER ADDRESS] (the "Owner"), and [CONTRACTOR NAME], of [CONTRACTOR ADDRESS], license number [LICENSE NUMBER, if applicable] (the "Contractor").
2. Project and Site
The Contractor will perform the work described in this Contract for the project known as [PROJECT NAME] at [SITE ADDRESS] (the "Project").
3. Scope of Work
The Contractor will furnish all labor, materials, equipment, and services necessary to complete the following work in a good and workmanlike manner, in accordance with the plans and specifications listed in [EXHIBIT A, e.g. drawings dated DATE by ARCHITECT] (the "Work"): [DESCRIBE WORK]. The following are excluded: [EXCLUSIONS].
4. Contract Price
The Owner will pay the Contractor [FIXED PRICE AND CURRENCY] for the Work [OR: the cost of the Work plus a fee of PERCENTAGE%, not to exceed a guaranteed maximum of AMOUNT]. The price includes [INCLUDED ITEMS, e.g. permits, disposal, cleanup] and excludes [EXCLUDED ITEMS].
5. Payment Schedule
Payments will be made as follows: [DEPOSIT AMOUNT OR PERCENTAGE] on signing; progress payments of [AMOUNTS] on completion of [MILESTONES, e.g. foundation, framing, roofing, drywall]; and the final [PERCENTAGE]% on final completion and the Owner's acceptance. The Owner will pay each approved invoice within [NUMBER] days. [OPTIONAL: The Owner may retain PERCENTAGE% of each progress payment until final completion.]
6. Schedule
The Contractor will begin the Work on or about [START DATE] and achieve substantial completion by [COMPLETION DATE], subject to extensions for approved change orders, delays caused by the Owner, and events beyond the Contractor's reasonable control, such as severe weather, material shortages, or government actions.
7. Change Orders
The Owner may request changes to the Work. No change will be made without a written change order signed by both parties describing the change, the adjustment to the price, and any adjustment to the schedule. Unforeseen site conditions will be addressed by change order.
8. Permits, Codes, and Safety
The [CONTRACTOR / OWNER] will obtain all required building permits and inspections. The Contractor will perform the Work in compliance with applicable building codes and laws, maintain a safe site, and keep the site reasonably clean, removing debris at completion.
9. Insurance
The Contractor will maintain general liability insurance of at least [AMOUNT], workers' compensation or equivalent insurance as required by law, and [OTHER INSURANCE], and will provide certificates on request. The Owner will maintain property insurance on the Project [IF APPLICABLE].
10. Subcontractors and Liens
The Contractor may use qualified subcontractors and remains responsible for their work. The Contractor will pay subcontractors and suppliers promptly and, on request, provide lien waivers or releases for payments made, where applicable law provides for them.
11. Warranty
The Contractor warrants that the Work will be free from defects in materials and workmanship for [WARRANTY PERIOD, e.g. one (1) year] after substantial completion and will correct any such defects at its own cost after written notice. Manufacturer warranties on materials and equipment will be passed through to the Owner.
12. Termination
Either party may terminate this Contract if the other materially breaches it and fails to cure within [NUMBER] days after written notice. If the Owner terminates for convenience, the Owner will pay for Work performed and materials ordered up to the termination date, plus [REASONABLE OVERHEAD / PROFIT PERCENTAGE].
13. Dispute Resolution and Governing Law
The parties will first try to resolve disputes through good-faith negotiation, then [MEDIATION / ARBITRATION / COURTS OF VENUE]. This Contract is governed by the laws of [GOVERNING LAW JURISDICTION]. It is the entire agreement between the parties and may be amended only in writing signed by both parties.
14. Signatures
The Parties agree that this Agreement may be signed electronically and in counterparts, and that electronic signatures have the same effect as handwritten signatures. OWNER: [OWNER NAME] Signature: ____________________ Date: [DATE] CONTRACTOR: [CONTRACTOR NAME] Signature: ____________________ Name: [SIGNATORY NAME] Title: [SIGNATORY TITLE] Date: [DATE]