|
Important
Note:
Forms are to be used as a guide only to assist you. No liability is assumed for errors in substance or form. It is your responsibility to revise the forms to meet current law
requirements and your particular situation. No liability is assumed for improper use of these forms.
|
AGREEMENT
BETWEEN OWNER AND CONTRACTOR
This agreement
is hereby made and entered into this ____ day of ________________,
19____, by and
between __________________, of __________________, hereafter called Owner,
and
_____________________, of ______________________, hereafter called Contractor.
The said
parties, for the considerations hereinafter mentioned, hereby agree to the
following:
1. The
Contractor agrees to provide all of the material and labor required to perform
the
following work
for:
(Describe work
to be Performed)
as shown by the
drawing(s) and described in the specifications prepared by
________________________
and provided by the Owner, which are identified by the signatures of
the parties to
this agreement and which form a part of this agreement.
2. The Owner
hereby agrees to pay the Contractor, for the aforesaid materials and labor,
the sum of
$______________________, in the following manner:
(Describe Method
and Timing of Payment)
3. The
Contractor agrees that the various portions of the above-described work shall be
completed on or
before the following dates:
(Insert Dates)
and the entire
above-described work shall be completed no later than the ____ day of
________________,
19____.
4. The
Contractor agrees to provide and pay for all materials, tools and equipment
required
for the
prosecution and timely completion of the work. Unless otherwise specified, all
materials
shall be new and
of good quality.
5. In the
prosecution of the work, the Contractor shall employ a sufficient number of
workers skilled
in their trades to suitably perform the work.
6. All changes
and deviations in the work ordered by the Owner must be in writing, the
contract sum
being increased or decreased accordingly by the Contractor. Any claims for
increases
in the cost of
the work must be presented by the Contractor to the Owner in writing, and
written
approval of the
Owner shall be obtained by the Contractor before proceeding with the ordered
change or
revision.
7. The Owner,
Owner's representative and public authorities shall at all times have access
to the work.
8. The
Contractor agrees to re-execute any work which does not conform to the drawings
and
specifications, warrants the work performed, and agrees to remedy any defects
resulting, from
faulty materials
or workmanship which shall become evident during a period of one year after
completion of
the work.
9. The Owner
agrees to maintain full insurance on the above-described work during the
progress of the
work, in his own name and that of the Contractor.
10. In the event
the Contractor is delayed in the prosecution of the work by acts of God, fire,
flood or any
other unavoidable casualties; or by labor strikes, late delivery of materials;
or by
neglect of the
Owner; the time for completion of the work shall be extended for the same period
as
the delay
occasioned by any of the aforementioned causes.
11. In the event
the work is delayed due to neglect of the Contractor, the Contractor agrees
to pay the Owner
the sum of $___________________ per _________ as liquidated damages until
such time as the
work is completed.
12. The
Contractor agrees to obtain insurance to protect himself against claims for
property
damage, bodily
injury or death due to his performance of this agreement.
13. Neither the
Owner nor Contractor shall have the right to assign any rights or interest
occurring under
this agreement without the written consent of the other, nor shall the
Contractor
assign any sums
due, or to become due, to him under the provisions of this agreement.
14. This
agreement shall be interpreted under laws of the State of _________________.
15. Attorney's
fees and court costs shall be paid by the defendant in the event that
judgment must
be, and is, obtained to enforce this agreement or any breach thereof.
IN WITNESS
WHEREOF, the parties hereto set their hands and seals the day and year
written above.
____________________________
_______________________________
____________________________
_______________________________
|