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Construction Contract - Construction Forms
This agreement made this _(1)_ day of ____(2)__________,
19__(3)_, by and between ________(4)___________, of _______(5)____________,
herein referred to as "owner", and __________(6)__________,
of _________(7)__________, herein referred to as "contractor".
Owner and contractor in consideration of the mutual covenants
hereinafter set forth agree as follows:
STRUCTURE AND SITE
Contractor shall furnish all labor and materials necessary
to construct a ____(8)______, upon the following described
property, which owner warrants he owns, free and clear of
liens and encumbrances: ________(9)___________.
Contractor shall construct the structure in conformance with
the plans, specifications, and breakdown and binder receipt
signed by contractor and owner, and will do so in a workmanlike
manner. Contractor is not responsible for furnishing any improvements
other than the structure, such as landscaping, grading, walkways,
painting, sewer or water systems, steps, driveways, patios
and aprons, etc., unless they are specifically stated in the
Owner shall pay contractor the sum of ___(10)___ Dollars
($__________) in installments as set forth in the escrow instructions
or the primary lender's schedule (whichever is applicable)
signed by owner. In the event any installment is not paid
when due, contractor may stop work until payment is made and
for five (5) days thereafter. In the event any installment
is not paid within ten (10) days after it is due, contractor
may take such action as may be necessary, including legal
proceedings, to enforce its rights hereunder.
Prior to the start of construction, owner shall provide a
clear, accessible building site, properly excavated and correctly
zoned for the structure, and shall identify the boundaries
of owner's property by stakes at all corners. Owner shall
maintain such stakes in proper position throughout construction.
In the event contractor cannot obtain a building permit within
thirty (30) days of the date of this agreement, contractor
may declare the agreement of no further force or effect.
Prior to the start of construction, and at all times during
construction, owner shall provide and maintain, at owner's
sole expense, an all-weather roadway to the building site,
and water and electrical service, including 220 amp outlet.
Owner shall, at owner's expense, connect permanent electrical
service, gas service or oil service, whichever is applicable,
and tanks and lines to the structure upon acceptable cover
inspection and prior to wall covering. Owner shall, at owner's
expense, connect sewage disposal and water lines to the structure
within fifteen (15) days after the rough plumbing is complete.
Contractor shall not be responsible for claims arising out
of improper placement or positioning of boundary stakes or
house stakes; nor shall contractor be responsible for damages
to persons or property occasioned by owner or his agents,
third parties, acts of God or other causes beyond contractor's
control. Owner shall hold contractor completely harmless from,
and shall indemnify contractor for, all costs, damages, losses,
and expenses, including judgments and attorneys fees, resulting
from claims arising from causes enumerated in this paragraph.
Owner shall not have possession of the structure until such
time as all payments or other obligations required to them
as set forth in this agreement have been fully paid or performed
by them. If possession of structure is taken by owner before
the above obligations are met, without the written consent
of contractor, it shall be considered as acceptance of the
structure, by the owner, as complete and satisfactory.
Owner agrees to promptly complete the necessary requirements
to obtain financing and to prepare the site for construction.
There are no understandings or agreements between contractor
and owner other than those set forth in this agreement and
in the documents referred to in Sections Two and Three. No
other statement, representation or promise has been made to
induce either party to enter into this agreement. This agreement
and the documents referred to in Sections Two and Three may
not be modified or amended except by written agreement of
the parties. In witness whereof, the parties have executed
this agreement the day and year first written above.
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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