Contract for Repairs


CONTRACT FOR CONSTRUCTION AND REPAIRS  

            IN CONSIDERATION of the mutual covenants contained herein and other good and valuable consideration,   the   receipt   and   sufficiency   of all  of  which  is   hereby   acknowledged,                                     (“Builder”) and                                     (“Homeowner”), agree as follows:

  1. Description of Work:  Builder agrees to construct                                                                        __________________________  and  to  make  repairs to the existing home located at                                          ,                 ,                                   , in accordance with the plans and specifications of Homeowner, which plans and specifications are incorporated herein by reference. The work to be performed by Builder includes providing all labor and materials for the second floor addition in accordance with said plans and specifications including:  

                                    a)         Framing;

                                    b)         Siding;

                                    c)         Cornice;

                                    d)         Roofing;

                                    e)         Insulation;

                                    f)         Paint;

                                    g)         Hang/Finish Sheetrock;

                                    h)         Trim and Cabinets;

                                    i)          Electrical (Labor only, no Fixtures);

                                    j)          Plumbing;

                                    k)         Heating/Cooling; and

                                    l)          Flooring of all attic space

            In addition, Builder agrees to provide all labor and materials necessary to make the following repairs to the existing house:

2.         Homeowner’s Responsibilities:  In connection with the work to be undertaken by building in accordance herewith, Homeowner agrees to provide the following:

 

                                    a)         Purchase of electrical fixtures (Lights, Ceiling Fans, etc.);

           

                                    b)         Purchase and installation of appliances;

 

                                    c)         Purchase and installation of all floor coverings; and

 

                                    d)         Purchase and installation of any wall coverings other than paint listed in Paragraph 1 above.

  

3.         Price:  The contract price for the work to be performed by Builder, including labor and materials, shall be $                                                          , payable as follows:

                                    a)         $                    upon completion of twenty-five percent (25%) of the work to be performed;

 

                                    b)         $                         upon completion of fifty percent (50%) of the work to be performed;

 

                                    c)         $                         upon completion of seventy-five percent (75%) of the work to be performed; and

 

                                    d)         $                         upon completion of all work and approval of said

                                                work by the                                 Building Inspector or other appropriate regulatory authorities.

 

4.         Changes in Work:  Changes in work, as agreed upon in writing by the parties, shall be paid to the builder on the basis of the cost of the change plus ten percent (10%).  Payment for any changes will be due at the time of the next occurring payment installment, as provided in Paragraph 3, following completion of the work change.  

5.         Insurance:  Builder shall provide Builder’s risk insurance and shall provide and pay for worker’s compensation insurance covering his employees. Builder shall also assume responsibility for the collection of payment of Social Security and State Unemployment taxes applicable to his employees. Homeowner shall not be responsible for and Builder agrees to indemnify and hold homeowner harmless from any suit, claim or liability resulting from alleged damages to any persons or property including, but not limited to, personal injury and death, arising from the performance of the work, unless the alleged damages arise from Homeowner’s sole negligence.

6.         Building Start:  Builder shall begin work within twenty-five (25) days after the issuance of the building permit and proceed with due diligence.  Completion of the work shall be within       days (excluding rain days) of the issuance of the building permit.  

7.         Delays: Builder shall not be liable for any loss or damage resulting from delay in construction caused by changes made by Homeowner, or occurrences beyond the control of Builder, labor difficulties, labor or materials shortages, government order or regulation, the elements, and other “Acts of God”.  

8.         Breach of Contract:  Time is of the essence with regards to this contract. In the event of breach of this contract by Builder, Homeowner may, at his option, either:

                        1.         Enter suit for damages in any Court of competent jurisdiction;

 

                        2.         Enter suit in any Court of competent jurisdiction for specific performance; or

 

                        3.         Exercise any other remedy available to it under the laws of the State of                             .  

            In the event of a breach of this contract by Homeowner, Builder, at his option, may either:

                        1.         Enter suit in any Court of competent jurisdiction for damages;

                       

                        2.         Enter suit in any Court of competent jurisdiction for specific performance; or

 

                        3.         Exercise any other remedy available to him under the laws of the State of                          .  

9.         Default:  If it becomes necessary to initiate litigation, to ensure the performance of the conditions of this contract by either party, then the losing party agrees to pay reasonable attorneys fees and court costs in connection therewith.  

10.       Agreement:  This contract incorporates all prior agreements between the parties, contains the entire and final agreement of the parties, and cannot be changed except by written consent. Each party acknowledges that he has read and understands this contract. This contract shall be governed by the laws of the State of                                      .  The provisions of this contract shall apply to and bind the heirs, executors, administrator, successors and assigns of the respective parties hereto.  Gender in number, as herein used, shall be changed as the contacts may require.

 

            WITNESS OUR SIGNATURES, this the       day of                         , 20     .

                                                                        BUILDER:

                                                                      _______________________________________

                                                                       

                                                                        HOMEOWNER:      

                                                                        ________________________________________

State Specific Construction Forms

– For State Specific Construction Forms you can download in Word Format go to

http://www.uslegalforms.com/construction/