Construction Contract Contractor Owner The Construction Site

Construction Contract This agreement is made on the date written above our signatures between Contractor Name: __________________________________ (Con...
Author: Rosemary Rich
3 downloads 0 Views 38KB Size
Construction Contract This agreement is made on the date written above our signatures between Contractor Name: __________________________________ (Contractor) and Owner Name: _____________________________________ (Owner). Contractor Contractor Name: __________________________________ Address __________________________________________ Address __________________________________________ City _________________________________________, State:_________ Zip:__________ Work Phone Number: ___________________________________________ Cell Phone Number: ____________________________________________ Fax Number: __________________________________________________ Email Address: ________________________________________________ License Number: ________________________________________ License Classification: ______________________________ Monetary Limit: ______________________________ Contractor Name: __________________________________ will be referred to as Contractor throughout this agreement. Owner Owner Name: _____________________________________ Address: _________________________________________ Address: _________________________________________ City: ___________________________________, State: ___________ Zip: ___________ Day Phone Number: ___________________________________________ Cell Phone Number: ___________________________________________ Fax Number: _________________________________________________ Email Address: _______________________________________________ Owner Name: _____________________________________ will be referred to as Owner throughout this agreement. The Construction Site Address: _________________________________________ Address: _________________________________________ City: __________________________________________, Nevada Zip: ___________

Page 1

I.

Project Description

A. For a price identified below, Contractor agrees to complete remodeling work (identified as the Project in this agreement) for Owner. B. Description of the work, materials and equipment to be installed: ____________________________________________________________________________________ ____________________________________________________________________________________ _________________________________________________________________________________ II.

Contract Price

A. In addition to any other charges specified in this agreement, Owner agrees to pay Contractor $__________________ for completing the Work described as the Project. III. A.

Scheduled Start of Construction

Work under this agreement will begin on ___/___/_____. IV.

Scheduled Completion of Construction

A. Work under this agreement will be Substantially Complete within ______ calendar days after the date construction begins. V.

Documents Incorporated

A. This agreement incorporates by reference certain disclosures and notices required by federal and state law. The following documents are incorporated as though included in full as part of this agreement. Notice to Owner - Nevada Lien Law and Residential Construction Recovery Fund Notice to Owner - Nevada Licensed Contractors Disclosure of Subcontractors and Suppliers (Nevada Revised Statute Section 624.600-1) Notice of Right to Cancel under Regulation Z (in duplicate) VI.

Scope of Work

A. Contractor shall supervise and direct the Work and accepts responsibility for construction means, methods, techniques, sequences and procedures required to complete the Project in compliance with the Contract Documents. B. Except for materials expressly designated otherwise in the Contract Documents, Contractor warrants that all materials and equipment furnished under this contract shall be of good quality and new. VII.

Cutting and Patching

A. The color, texture and planes between existing and new materials might not match exactly. Contractor will use due diligence to create the best match possible. Owner acknowledges that patched surfaces may be detectable when construction is complete. VIII. Compliance with Law Contractor and Owner mutually commit to use reasonable care to meet the Requirements of A. state, federal and local Law when discharging their responsibilities under this agreement. IX.

Owner's Responsibilities

A. Owner shall have sole responsibility to secure financing for the Project and shall pay all fees, charges, or other costs of such financing, including Inspection fees charged by any lender. The nonperformance of any lender shall not affect the obligation of Owner to Contractor. Owner hereby Page 2

authorizes and directs any lender on the Project to furnish Contractor with full information on undisbursed loan proceeds when requested by Contractor. B. Owner will not interfere with or permit others to interfere with, stop, hinder, or delay completion of the Work by Contractor or Subcontractors except as provided under this agreement. X.

Representations by Contractor

A. Owner has reported to Contractor all conditions known to Owner which may not be apparent to Contractor and which might significantly increase cost of the Work or delay completion. These concealed conditions include, but are not limited to, hazards on the Job Site, unsuitable soil conditions, prior Defective Work of others, latent Defects in the Plans or Specifications, earlier attempts to do Similar or related Work, and obligations imposed by government. XI.

Disclaimer by Owner, Reliance by Contractor

A. Owner has provided Contractor with information on subsurface or concealed conditions at the Job Site. Except to the extent that Contractor knows this information to be false, Contractor is entitled to rely on the accuracy of this information. XII.

Payment Plan

A. Owner will pay to Contractor the Contract Price in 2 installments, an initial payment and a final payment on completion of the Work. XIII. Initial Payment A. Upon execution of this agreement, Owner shall pay to Contractor $________ as an advance on the Contract Price. B. Except as otherwise provided in this agreement, Contractor may retain $________ from the initial payment as a non-refundable deposit if this contract is terminated for any reason other than default by Contractor. XIV. Interest A. Payments due and not paid under the Contract Documents shall bear interest from the date payment is due at the rate of ______ percent per month. B. Payments due and not paid under the Contract Documents shall bear interest from the date payment is due at a monthly rate of _______ percent. C. When payment is withheld pending settlement of a bona fide dispute on the quantity, quality, or timeliness of the Work, interest shall accrue only on the amount ultimately paid. D. Payment of interest does not abrogate or replace any other rights Contractor may have under this agreement. XV.

Final Payment

A. Contractor will submit an application for final payment to Owner when the Work has been completed in compliance with the Contract Documents. If Owner agrees that Work has been completed, payment is due Contractor for the entire unpaid balance of the contract amount (including any Retainage). B. Except as provided otherwise in this agreement, Owner shall pay the amount due within 3 Calendar Days after approval of any application for initial or final payment. Page 3

C. Making of final payment constitutes waiver of all Claims by Owner against Contractor except those Claims previously made in writing and delivered to Contractor and those obligations otherwise provided by this agreement or by operation of Law. D. The acceptance of final payment by Contractor shall constitute a release by Contractor of known Claims against Owner arising out of this contract except those Claims which (1) Have been made in writing and identified by Contractor as not having been settled at that time, or (2) Are based on fraud or misconduct by Owner. E. If completion of the Work is delayed unreasonably at no fault of Contractor, Contractor shall be entitled to final payment for all Work completed (including Retainage) without prejudice to the right of Contractor to complete the Project at a later date and without prejudice to the right of Owner to make Claims against Contractor for Defects in Work completed. XVI. Arbitration A. Any controversy or Claim arising out of or relating to this contract or contract warranty or the breach thereof which cannot be resolved by mediations shall be settled by arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 1. Any controversy or Claim arising out of or relating to this contract or contract warranty or the breach thereof or a Change Order or addendum to this contract which cannot be resolved by mediations shall be settled by arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. B. Contractor and Owner agree to include in each contract for construction or design services on the Project a clause which requires that disputes under that contract be settled by arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules. C. Any representative of Owner or consultant to Owner or Contractor or any Subcontractor to Contractor on the Project shall have the same rights in any arbitration proceeding as are afforded by arbitration rules to Contractor and Owner. If more than one demand for arbitration is made by a Party with respect to the Project, all such Claims shall be consolidated into a single arbitration unless the Parties otherwise agree in writing. D. Anything in this contract notwithstanding, any Claim arising out of or relating to the Contract Documents or warranty or the breach thereof may, at the option of the Claimant, be filed in any Small Claims Court having jurisdiction, in lieu of an arbitration proceeding. XVII. Insurance A.

General Requirements

1. Contractor shall carry workers' compensation insurance and public liability insurance as required by Law and regulation for the protection of Contractor and Owner during progress of the Work.

Page 4

Signatures This contract is for immediate acceptance. Any delay in acceptance beyond ___/___/_____ will require renegotiation of the terms of this agreement. This agreement is entered into as of the date written below. Owner Name: _____________________________________, Owner ______________________________ (Signature)

________________ (Date)

______________________________ (Printed Name) ______________________________ (Signature)

________________ (Date)

______________________________ (Printed Name) Contractor Name: __________________________________, Contractor ______________________________ (Signature)

________________ (Date)

______________________________ (Printed Name and Title)

Page 5

Notice to Owner - Nevada Lien Law Pursuant to Nevada Revised Statutes Sections 108.221 to 108.246, [lien law] inclusive, a contractor, subcontractor, laborer, supplier of materials or other person or entity who: (1) Performs work or furnishes materials of the value of $500.00 or more to improve the value of your property; and (2) Is not paid for the work or materials, has a right to place a lien on your property on which the work was performed and to sue you in court to obtain payment. This means that after a court hearing, your property could be sold by an officer of the court and the proceeds of the sale used to satisfy the amount you owe. If you did not ask for and receive releases of liens from the contractors' subcontractors, laborers or suppliers of materials, a lien may be placed on your property or you may be sued even if you have paid your contractor in full. To preserve their right to file a claim or lien against your property, certain claimants, such as subcontractors, laborers and suppliers of materials, are each required to provide you with a document called a "preliminary or pre-lien notice." A preliminary or pre-lien notice is not a lien against your property. Its purpose is to notify you regarding persons or entities who may have a right to file a lien or claim against your property if they are not paid. To perfect their lien rights, contractors, subcontractors, laborers and suppliers of materials must file mechanics' liens with the county recorder, which then become recorded liens against your property. Generally, the maximum time allowed for filing a mechanics' lien against your property is 90 days after substantial completion of your project. TO ENSURE EXTRA PROTECTION FOR YOURSELF AND YOUR PROPERTY, YOU MAY WISH TO TAKE ONE OR MORE OF THE FOLLOWING STEPS: (1) Request that your contractor supply you with a payment and performance bond, which guarantees completion of your project and payment of the subcontractors, laborers and suppliers of materials who work on the project. This payment and performance bond is different from the surety bond that a contractor must file for licensure pursuant to Nevada Revised Statutes Section 624.270. A payment and performance bond provides that if the contractor does not complete the project, the bonding company will pay damages up to the amount of the bond. This payment and performance bond, as well as a copy of the construction contract, should be filed with the county recorder for your further protection. There is a fee for a payment and performance bond. This fee is usually equal to between 1 and 6 percent of the amount of the contract, depending on the ability of the contractor to be bonded. (2) Require that payments be made directly to subcontractors, laborers and suppliers of materials through a mechanism that controls payment for construction. In the area in which you live, services to control the funding of your project may be available, for a fee, to control payment of your contractor by the use of vouchers or other means. These services may also provide you with waivers of liens and other forms of protection. (3) Issue joint checks for payment, made payable to both your contractor and the subcontractors, laborers and suppliers of materials who were involved in the project or portion of the project for which payment is due and who sent a preliminary or pre-lien notice to you. Those persons or entities have indicated that they may have the right to place a lien on your property, and therefore you need to protect yourself. Making checks jointly payable will help to ensure that all persons due payment are actually paid. Page 6

(4) Require your contractor to provide you with unconditional "waiver and release" (lien release) forms so that when you make a payment on any completed phase of your project, each subcontractor, laborer and supplier of materials involved in that portion of the work for which the payment was made can sign the waiver and release forms. This protects you from liability to them for work for which they have already been paid. Some stationery stores sell waiver and release forms if your contractor does not have them. The subcontractors, laborers and suppliers of materials from whom you obtain releases should be those persons or entities who have filed preliminary or pre-lien notices with you. If you are not certain which subcontractors, laborers and suppliers of materials are working on your project, you may obtain a list from your contractor. In regard to projects involving improvements to a single-family residence or a duplex owned by an individual, the persons signing these releases lose their right to file a mechanics' lien against your property. In regard to other types of projects, obtaining such releases may still be important, but may not provide complete protection. To protect yourself by use of a waiver and release form, you must be certain that all subcontractors, laborers and suppliers of materials who work on your project sign a waiver and release form. If a mechanics' lien has already been filed against your property, in most cases the lien can only be released voluntarily by a recorded "release of mechanics' lien," which is signed by the person or entity that filed the mechanics' lien against your property. However, if the person or entity that filed the lien fails to bring an action to enforce the lien in a timely manner, the lien may be removed without voluntary action on the part of that person or entity. You should not make final payment on your project until all mechanics' liens that are filed against your property have been removed. TO PROTECT YOURSELF FULLY, YOU SHOULD CONSULT AN ATTORNEY: (1) BEFORE YOU SIGN A CONSTRUCTION CONTRACT; OR (2) IF A LIEN IS FILED AGAINST YOUR PROPERTY. Notice to Owner - RESIDENTIAL CONSTRUCTION RECOVERY FUND Payment may be available from the Recovery Fund if you are damaged financially by a project performed on your residence pursuant to a contract, including construction, remodeling, repair or other improvements, and the damage resulted from certain specified violations of Nevada law by a contractor licensed in this State. To obtain information relating to the Recovery Fund and filing a claim for recovery from the Recovery Fund, you may contact the State Contractors’ Board at the following locations: State Contractors’ Board 9670 Gateway Drive, Suite 100 Reno, Nevada 89521 Telephone number: (775) 688-1141

State Contractors’ Board 2310 Corporate Circle, Suite 200 Henderson, Nevada 89074 Telephone number: (702) 486-1100

Page 7

Notice to Owner - Nevada Licensed Contractors Contractors are required by law to be licensed and regulated by the State Contractors' Board. The State Contractors' Board has jurisdiction to investigate complaints that are filed against contractors. Any questions concerning a contractor may be referred to the State Contractors' Board at: State Contractors' Board 9670 Gateway Drive Suite 100 Reno, Nevada 89521 (775) 688-1141; or State Contractors' Board 2310 Corporate Circle Suite 200 Henderson, Nevada 89074 (702) 486-1100. The law of this State requires that a person or entity who enters into a contract to perform construction work be properly licensed by the State Contractors' Board for the category of work that the person or entity intends to perform. Laws regulating licensed contractors are designed to protect the public. If you contract with a person or entity who is not licensed to perform construction work, your remedies against that person or entity may be limited to a suit in civil court. You may be liable for damages arising out of any injuries to an unlicensed contractor or that contractor's employees, as well as withholding taxes, contributions pursuant to the Federal Insurance Contributions Act and contributions for industrial insurance and unemployment compensation. In addition, you must comply with other applicable state and federal laws regarding employment. Finally, you should be aware that construction performed on your property must comply with all applicable laws, ordinances, building codes and regulations. A contractor is required to include his license number on all of his advertising, vehicles, bids and contracts. You may contact the State Contractors' Board to find out if a contractor has a valid license and, if so, the status of that license. The Board has complete information on the status of all licensed contractors in the State of Nevada. This information is available through the "voice response system" of the State Contractors' Board. However, if you wish to obtain specific information about complaints that have been filed against a contractor, such information must be requested from the Board in writing.

Page 8

Disclosure of Subcontractors and Suppliers (Nevada Revised Statutes Section 624.600-1) Each firm or individual listed below may record a notice of lien upon the residence of the owner and any building, structure and improvement thereon pursuant to the provisions of Nevada Revised Statutes Section 108.226. Name _______________________________ Address ______________________________ City ______________________________, Nevada Zip ____________________ Phone Number: ____________________ License Number: _____________________

Page 9

NOTICE OF RIGHT TO CANCEL UNDER REGULATION Z (12 CFR 226.15(b) requires that each owner receive two copies of this notice.) To: Owner Re: Your right to cancel Project You are entering into a transaction that will result in a security interest being placed on your home. You have a legal right under federal law to cancel this transaction, without cost, within three business days from whichever of the following events occurs last: (1) The date of the transaction, which is _________________________________, or (2) The date you receive your Truth in Lending disclosures, or (3) The date you receive this notice of your right to cancel. If you cancel this transaction, the security interest is also cancelled. Within 20 calendar days after we receive your notice, we must take the steps necessary to reflect the fact that the security interest on your home has been cancelled, and we must return to you any money or property you have given us or to anyone else in connection with this transaction. You may keep any money or property we have given you until we have done the things mentioned above, but you must then offer to return the money or property. If it is impractical or unfair for you to return the property, you must offer its reasonable value. You may offer to return the property at your home or at the location of the property. Money must be returned to the address below. If we do not take possession of the money or property within 20 calendar days of your offer, you may keep it without further obligation. How to cancel: If you decide to cancel this transaction, you may do so by notifying us in writing at: Contractor Name: __________________________________ Address __________________________________________ Address __________________________________________ City _________________________________________, State:_________ Zip:__________ ___________________________________________ You may use any written statement that is signed and dated by you and states your intention to cancel, or you may use this notice by dating and signing below. Keep one copy of this notice because it contains important information about your rights. If you cancel by mail or telegram, you must send the notice no later than midnight of _______________________ (midnight of the third business day following the latest of the three events listed above). If you send or deliver your written notice to cancel some other way, it must be delivered to the above address no later than that time. I WISH TO CANCEL. ______________________________ Signature

________________ Date

See the next page for important information about what happens if this agreement is cancelled.

Page 10

Notice Required by 12 Code of Federal Regulation Section 226.15(d), Effects of Rescission (1) When a consumer rescinds a transaction, the security interest giving rise to the right of rescission becomes void, and the consumer shall not be liable for any amount, including any finance charge. (2) Within 20 calendar days after receipt of a notice of rescission, the creditor shall return any money or property that has been given to anyone in connection with the transaction and shall take any action necessary to reflect the termination of the security interest. (3) If the creditor has delivered any money or property, the consumer may retain possession until the creditor has met its obligation under paragraph (d)(2) of this section. When the creditor has complied with that paragraph, the consumer shall tender the money or property to the creditor or, where the latter would be impracticable or inequitable, tender its reasonable value. At the consumer's option, tender of property may be made at the location of the property or at the consumer's residence. Tender of money must be made at the creditor's designated place of business. If the creditor does not take possession of the money or property within 20 calendar days after the consumer's tender, the consumer may keep it without further obligation.

Page 11

NOTICE OF RIGHT TO CANCEL UNDER REGULATION Z (12 CFR 226.15(b) requires that each owner receive two copies of this notice.) To: Owner Re: Your right to cancel Project You are entering into a transaction that will result in a security interest being placed on your home. You have a legal right under federal law to cancel this transaction, without cost, within three business days from whichever of the following events occurs last: (1) The date of the transaction, which is _________________________________, or (2) The date you receive your Truth in Lending disclosures, or (3) The date you receive this notice of your right to cancel. If you cancel this transaction, the security interest is also cancelled. Within 20 calendar days after we receive your notice, we must take the steps necessary to reflect the fact that the security interest on your home has been cancelled, and we must return to you any money or property you have given us or to anyone else in connection with this transaction. You may keep any money or property we have given you until we have done the things mentioned above, but you must then offer to return the money or property. If it is impractical or unfair for you to return the property, you must offer its reasonable value. You may offer to return the property at your home or at the location of the property. Money must be returned to the address below. If we do not take possession of the money or property within 20 calendar days of your offer, you may keep it without further obligation. How to cancel: If you decide to cancel this transaction, you may do so by notifying us in writing at: Contractor Name: __________________________________ Address __________________________________________ Address __________________________________________ City _________________________________________, State:_________ Zip:__________ ___________________________________________ You may use any written statement that is signed and dated by you and states your intention to cancel, or you may use this notice by dating and signing below. Keep one copy of this notice because it contains important information about your rights. If you cancel by mail or telegram, you must send the notice no later than midnight of _______________________ (midnight of the third business day following the latest of the three events listed above). If you send or deliver your written notice to cancel some other way, it must be delivered to the above address no later than that time. I WISH TO CANCEL. ______________________________ Signature

________________ Date

See the next page for important information about what happens if this agreement is cancelled.

Page 12

Notice Required by 12 Code of Federal Regulation Section 226.15(d), Effects of Rescission (1) When a consumer rescinds a transaction, the security interest giving rise to the right of rescission becomes void, and the consumer shall not be liable for any amount, including any finance charge. (2) Within 20 calendar days after receipt of a notice of rescission, the creditor shall return any money or property that has been given to anyone in connection with the transaction and shall take any action necessary to reflect the termination of the security interest. (3) If the creditor has delivered any money or property, the consumer may retain possession until the creditor has met its obligation under paragraph (d)(2) of this section. When the creditor has complied with that paragraph, the consumer shall tender the money or property to the creditor or, where the latter would be impracticable or inequitable, tender its reasonable value. At the consumer's option, tender of property may be made at the location of the property or at the consumer's residence. Tender of money must be made at the creditor's designated place of business. If the creditor does not take possession of the money or property within 20 calendar days after the consumer's tender, the consumer may keep it without further obligation.

Page 13

Change Order Agreement Today's Date _____________________

Original contract date _____________________

Job Address _____________________

Original contract price $ ___________________

Job Address _____________________

Sum of previous changes $ _________________

City, ST, ZIP _____________________

Cost of this change $ ______________________

Contractor

Revised contract price $ ____________________

______________________

Description of this change __________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ A. Material and supplies cost:

$ ________________

B. Taxes and fees

$ ________________

C. Direct labor:

$ ________________

D. Indirect labor costs:

$ ________________

E. Equipment and tools:

$ ________________

F.

Subtotal: ........................................................................ $ ________________

G. Overhead at _____ % of line F:

$ ________________

H. Subcontracts:

$ ________________

I. Overhead at _____ % of line H:

$ ________________

J.

Subtotal: ............................................................................ $ ________________

K. Profit at _____ % of lines F and J: L.

$ ________________

Subtotal: ............................................................................ $ ________________

M. Total cost, lines F, J and L:

[ ] Add

[ ] Deduct

$ ________________

N. Items specifically excluded from this change: __________________________________________ _______________________________________________________________________________ Q. This proposal is valid for _____ days. R. We require _____ days extension of the contract time. [ ] We are proceeding with this work per your authorization. [ ] Please return a signed copy of this agreement as your acknowledgment of this change. This Change Order incorporates by reference the terms and conditions of the original contract and all change orders approved prior to the acceptance of this agreement. This Change Order is accepted by_____________________________ Date________________

Page 14