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Agreement Between Owner And Contractor
This agreement is hereby made and entered into this _(1)_ day of
_______(2)_______, 19_(3)_, by and between ________(4)________, of ________(5)________,
hereafter called Owner, and _________(6)__________, of _________(7)___________, 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
________(8)______________ 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 $_________(9)___________, 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 _(10)_ day of
______(11)________, 19_(12)_.
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 $________(13)_________ per ___(14)____
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)_______.
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.
__________(16)________________ ____________(17)_________________
__________(16)________________ ____________(18)_________________
NOTICE
The information in this document is designed to provide an outline that
you can follow when formulating business or personal plans. Due to the variances by many
local, city, county and state laws, we recommend that you seek professional legal
counseling before entering into any contract or agreement.
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