ALCommercial Construction II
ALCommercial Construction II
ALCommercial Construction II
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: _______________________________________________
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
Legal description __________________________________________________________________
________________________________
City: __________________________________________, Alabama Zip: ___________
I.
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II. Project Description
A. For a price identified below, Contractor agrees to complete a new commercial or industrial
building (identified as the Project in this agreement) for Owner.
III. 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.
IV. Scheduled Start of Construction
A. Work under this agreement will begin when convenient for both Owner and Contractor.
V. Scheduled Completion of Construction
A. Work under this agreement will be completed in a reasonable time, consistent with the schedule
of Contractor and Owner.
VI. Documents Incorporated
A. This agreement incorporates by reference certain documents which define and describe the Work
to be done. The following documents are incorporated as though included in full as part of this
agreement.
1. Plans
Plans dated ___/___/_____
Consisting of ____ sheet(s)
Prepared by ___________________________________________
Last changed on ___/___/_____
And further identified as ______________________________________
2. Specifications
Specifications dated ___/___/_____
Consisting of ____ sheet(s)
Prepared by _________________________________________
Last changed on ___/___/_____
And further identified as ___________________________________
VII. Ownership of Plans
A. All Plans, Drawings and Specifications created for Work under this contract are instruments of
service and remain the property of Owner. The use of these instruments of service on Work other than
provided in this contract without permission of Owner is prohibited. All copies of Drawings and
Specifications other than a single record copy shall be returned to Owner upon request after completion
of the Work.
VIII. Plans on Site
A. Contractor will keep a full set of Project Plans available on-site to authorized personnel during
the period of construction.
IX. Documents Supplied to Contractor
A. Owner will furnish to Contractor at no cost:
1. ____ full sets of Plans and Specifications for all trades, on paper.
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If Contractor needs additional Plan sets, Owner will furnish those Plan sets to Contractor at the actual
cost of reproduction plus delivery.
2. Contractor will distribute Contract Documents as required by Subcontractors.
X. Scope of Work
A. The intent of this contract is to provide for the construction, complete in every detail, of the
Work described in or reasonably inferred from the Contract Documents, at the Contract Price and within
the time established in the Contract Schedule. Contractor has the duty to determine the means, methods,
techniques, sequences and procedures required to complete the Project as described and inferred.
B. Contractor will ensure that Subcontractors, their agents, and employees adhere to these Contract
Documents. Contractor accepts responsibility for all Work performed under this contract, including
Work performed by employees of Subcontractors. Contractor will settle disputes among Subcontractors
and between Contractor and Subcontractors so that disagreements do not delay completion of the Work
or affect quality of the Work.
C. Contractor shall provide on the Job Site during the period of construction a temporary chemical
toilet or water closet which shall be serviced no less than weekly. Upon completion of the Project,
Contractor will remove temporary toilet facilities from the site.
D. Contractor shall have the location of underground utilities marked and verified prior to beginning
Work in areas where utilities are indicated in the Contract Documents. All costs associated with marking
and verifying the location of utility lines is the responsibility of Contractor. Any damage or loss resulting
from the failure of Contractor to verify the location of utility lines is the responsibility of Contractor.
XI. Compliance with Law
A. Contractor and Subcontractors working for Contractor shall comply with state, federal and local
Law when discharging their responsibilities under this agreement. All Work done under this agreement
will meet Requirements of state and federal Law, ordinances, regulations and codes adopted pursuant to
Law.
B. If Contractor observes that Drawings, Specifications, or other Contract Documents do not
comply with applicable Law, Contractor shall promptly notify Owner of the variance. Any changes
made to the Contract Documents as a result of this notice shall be handled in the form of a Change Order
under this agreement.
C. Contractor shall bear none of the cost of correcting Work completed according to Contract
Documents but not in compliance with Law if Contractor did not know that Contract Documents or
instructions from Owner did not comply with the Law.
XII. Permits and Fees
A. Contractor shall secure all permits, licenses and renewals required by government authority to
complete construction of the Project. If permits are required for Subcontracted Work, Subcontractors
will secure those permits. Owner shall assist Contractor in responding to requests for information from
the permit-issuing authority. Contractor shall provide Owner a copy of each permit, license and renewal
issued by government authority for the Project.
B. Contractor will pay the building permit fee, Plan check fee, business license fees for Contractor
and Subcontractors, and charges levied by government for testing, Inspection and Re-Inspection of the
Project.
C. Except as provided elsewhere in this agreement, Owner will pay all application fees and
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connection charges imposed by utility companies or government agencies for bringing service to the Job
Site, and for connecting gas, water, electricity, phone, cable, sewer, and drainage lines.
D. Except as provided elsewhere in this agreement, Owner will secure all approvals for the Project
that are required by government authority, including planning, easements, remediation, environmental,
and zoning approvals.
XIII. Owner's Responsibilities
A. 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.
XIV. Representations by Contractor
A. The Contract Price is based on Contractor's careful evaluation of Plans, Specifications, Contract
Documents, local conditions, including availability of labor, material, equipment, and transportation, the
kind and character of soil and terrain, all available reports and tests on soil conditions, Work to be
performed by Owner or Separate Contractors, environmental and historic preservation considerations,
applicable Code Requirements, climatic conditions, and other local conditions that may affect cost to
Contractor or duration of construction.
B. Contractor has reported to Owner all errors, inconsistencies, ambiguities, and omissions found in
the Plans and Specifications and has concluded that the Contract Documents define the Work required
with enough detail to allow Contractor to complete the Project.
C. Contractor affirms that all Subcontractors will be financially solvent, licensed, experienced,
competent, and will have resources necessary to complete the Work assigned in compliance with the
Contract Documents.
XV. 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.
XVI. Payment Plan
A. Owner will pay to Contractor the Contract Price in installments consisting of progress payments
and a final payment on completion of the Work.
XVII. Progress Payments
A. Schedule of Progress Payments
1. Each progress payment will cover Work done during the pay period. The amount of each
progress payment will be based on the value of Work completed. If a progress payment would be due on
a legal holiday, the payment will be made on the last business Day before that holiday.
2. Progress payments will be made twice a month on the 1st Friday and the 3rd Friday of the
month.
B. Processing of Progress Payments
1. No less than 7 calendar days before each progress payment is due under the terms of this
contract, Contractor shall provide Owner with an application for payment (invoice) in a form which
complies with generally accepted trade practice.
2. Except as provided otherwise in this agreement, Owner shall pay the amount due within 7
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calendar days after approval of any application for progress or final payment.
3. The amount of each progress payment shall be based on the value of construction put in place
during the payment period as calculated from the cost estimate and proposal submitted by Contractor for
the Project.
4. Each application for payment shall include a certification by Contractor that the charges are an
accurate statement of the amount earned and payable under the terms of this contract for the current
payment period, and include no items for which payment has been made previously.
5. Applications for payment shall include amounts due for changes only if approved as Change
Orders or required as changes by Owner and shall exclude any amounts which are in dispute with
Subcontractors or Material Suppliers.
6. With each application for payment, Contractor shall certify that: (1) Contractor has applied the
proceeds of prior payments, if any, to discharge all prior mechanics' and materialmen's liens outstanding
as of the date of application, (2) There are no new mechanics' or materialmen's liens outstanding as of
the date of application, (3) All due and payable bills with respect to Work completed in the payment
period have been paid or are included in the amount requested in the current application, (4) Except for
such bills not paid, there is no known basis for the filing of any mechanics' or materialmen's liens on the
Work, and (5) Waivers from all Subcontractors and materialmen have been obtained to constitute an
effective waiver of lien under the Laws of Alabama.
7. With each application for payment, Contractor shall include the following signed statement:
"Except as listed and attached to this certificate, Contractor unconditionally waives and releases Owner
of any and all claims now existing on the Project for delay, acceleration, extensions of time, Indemnity,
damages, or change in the Contract Price for Extra Work."
8. Unless otherwise provided in the Contract Documents, applications for payment may include, at
the option of Contractor, itemized charges for materials and equipment not yet incorporated in the Work
but delivered and suitably stored on the Job Site. Application for payment for stored materials and
equipment shall include a bill of sale or other confirmation that stored materials and equipment are the
property of Owner.
9. Owner may withhold payment for charges which lack supporting information or for which there
is no lien release.
10. Owner may withhold payment while Contractor is in material breach of this contract.
11. The check issued by Owner to Contractor may include one or more Subcontractors or Material
Suppliers as joint payees.
XVIII. Payment for Materials Stored Off Site
A. No application for payment shall include materials stored off site unless: (1) Contractor has
received written approval from Owner to store the materials or equipment off-site in advance of
delivery, (2) A certificate of insurance is furnished by Contractor evidencing the property in question is
covered by all-risk property insurance naming the materials or equipment stored and naming Owner as
an insured party, (3) Owner is provided with a detailed inventory of the stored materials or equipment,
(4) The materials or equipment are clearly marked and identified and made available for Inspection and
verification during normal business hours, (5) The materials or equipment are properly and safely stored,
protected from weather, damage, vandalism and theft in a Bonded warehouse or a facility otherwise
approved in advance by Owner, (6) Contractor provides documentation of the purchase price and that
Contractor can pass clear title to the materials or equipment upon payment by Owner, and (7) Contractor
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warrants that the materials and equipment shall not be moved from the approved storage location except
to the Job Site.
XIX. Retainage
A. Progress payments to Contractor shall be reduced by the amount set out in this contract for
Retainage. Except as otherwise provided in this agreement, all Retainage shall be released to Contractor
no later than 30 Calendar Days after Final Completion of Project.
B. Except as otherwise provided in this agreement, Owner shall retain _______ percent of the total
amount due on progress payments.
C. Retainage shall be held to assure faithful performance of the contract and may also be used as a
source of funds for amounts due to or claimed by Owner, including, but not limited to, repair of Defects,
deductive Change Orders, credits, uncorrected Defective Work, interest, and damages.
D. Contractor shall not withhold from Subcontractors any greater proportion of payments due than
Owner withholds from Contractor unless Work of a Subcontractor is not in compliance with the Contract
Documents, in which case, Contractor may retain additional sums to ensure satisfactory performance.
E. Retainage shall be released to Contractor upon Substantial Completion of the Project except for
(1) An amount equal to 200 percent of the estimated value any Work remaining to be completed on a
Punch List developed under the terms of this contract, and (2) Any amount required to ensure
compliance with Warranty provisions of this contract. All Retainage shall be released to Contractor on
Final Completion.
F. Contractor shall disburse pro-rata the full amount of Retainage due Subcontractors and Material
Suppliers within 7 Calendar Days after receipt of Retainage from Owner.
G. No Retainage will be withheld under this contract on tender by Contractor of a Retainage Bond
satisfactory to Owner and naming Owner as obligee, issued by a Surety company authorized to issue
Surety Bonds in the state of Alabama, in the amount of the Retainage to be released and conditioned
upon Substantial Completion of the Work by Contractor.
XX. Interest
A. Payments due and not paid under the Contract Documents shall bear interest from the date
payment is due at a rate of _____ percent per month.
XXI. Liens and Waivers
A. Within 7 Calendar Days after receipt of funds from Owner for Work done by a Subcontractor or
materials provided by a Material Supplier, Contractor will either (1) pay for that Work and those
materials, or (2) Notify the Subcontractor or Material Supplier, in writing, of the intention to withhold
all or some portion of the payment due and explain why payment is being withheld.
XXII. Waivers of Lien
A. With each application for payment, Contractor shall provide to Owner (1) Conditional waivers of
lien from Contractor, from each Material Supplier, and from each Subcontractor to the Project
confirming payment for all Work and materials covered by the application, and (2) Certification from
each Material Supplier and Subcontractor covered in a prior application for payment that previous
conditional waivers of lien have become unconditional. Waivers of liens shall be in a form satisfactory
to Owner, title insurer, and lenders. Contractor shall furnish any supplemental waivers of lien as may be
reasonably required by Owner, title insurer, or lenders. Conditional waivers of lien become
unconditional on receipt of the payment which is requested.
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B. Contractor agrees to include in each Subcontract agreement for the Project a provision requiring
(1) A conditional waiver of lien from each Subcontractor to the Project confirming payment for all Work
and materials covered by each application for payment, and (2) Certification from each Subcontractor
covered in a prior application for payment that previous conditional waivers of lien have become
unconditional. Waivers of liens shall be in a form satisfactory to Owner, title insurer, and lenders.
C. Any decision made in good faith by Owner not to exercise the right to require waivers of lien
shall not relieve Contractor of any obligation to any third party.
D. Upon receipt of payment, Contractor shall furnish to Owner a full and unconditional release of
lien for that portion of the Work covered by a prior conditional release of lien.
XXIII. Settlement of Lien Claims
A. Owner may withhold from money due Contractor a sum sufficient to cover lien Claims filed
under state Law by any Subcontractor, tradesman or Material Supplier working under direction of
Contractor. Any amount paid by Owner to satisfy such lien Claim shall be credited against the amount
due Contractor.
XXIV. Details on Lien Claims
A. By making application for payment, Contractor certifies that Contractor is unaware of any lien or
property rights claimed on the Project made or threatened under state Law by Subcontractors, Material
Suppliers or tradesmen except as specified in the application for payment. Owner is entitled to withhold
payment to Contractor until such time as Contractor makes full disclosure of all details concerning lien
or property right Claims made or threatened on the Project by Subcontractors, Suppliers or tradesmen.
B. On request of Contractor, Owner shall provide to Contractor a legal description of the Site and
all information about the Project as may be required by Contractor, Subcontractors, Material Suppliers,
or tradesmen to enforce lien rights in Alabama.
C. Contractor acknowledges and agrees that at the time this contract is signed, no Work has been
performed and no materials have been furnished for the Project.
XXV. Grounds for Withholding Payment
A. Owner may withhold payment due Contractor for Defective Work which has not been corrected
in compliance with terms of this agreement.
B. Owner may withhold payment due Contractor on the filing of a legal Claim against Contractor
by any third party if the Claim relates to the subject matter of this contract and (1) May result in a lien
on the Project, or (2) May result in a judgment for damages against Owner. Filing of a legal Claim shall
not constitute grounds to withhold payment if Contractor has insurance coverage which would prevent
loss to Owner from the legal Claim made.
C. Owner may withhold payment due Contractor for failure by Contractor to meet financial
obligations to Subcontractors, tradesmen or Material Suppliers on the Project. Failure to meet financial
obligations shall not constitute cause to withhold payment if Contractor has provided a Payment Bond
from a licensed Surety, guaranteeing payment of Subcontractors, Material Suppliers, and tradesmen.
D. Owner may withhold payment due Contractor when reasonable evidence exists that the Project
cannot be completed for the unpaid balance of the contract amount. Inability to complete the Project for
the unpaid balance shall not constitute grounds to withhold payment if Contractor has provided a
completion Bond from a licensed Surety guaranteeing completion of the Project.
E. Owner may withhold from payments due Contractor a sum adequate to reimburse Owner for any
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damage suffered by Owner or for which Owner may be liable and which was caused by an act or neglect
of Contractor or by anyone for whom Contractor may be liable. Damage to Owner shall not constitute
grounds to withhold payment if Contractor has insurance coverage which would prevent loss to Owner
from the damage claimed.
F. Owner may withhold payment due Contractor for unauthorized deviations from the Contract
Documents or persistent failure to observe Requirements of the Contract Documents.
G. Owner may withhold payment due Contractor for neglect of Contractor to obtain a required
permit or license or to comply with applicable Law, ordinance, code, or regulation, providing such
neglect of Contractor has a material impact on satisfactory completion of the Project in compliance with
the Contract Documents.
H. Grounds entitling Owner to withhold certain amounts due Contractor under this agreement shall
not relieve Owner from the obligation to pay Contractor other amounts then due and shall not relieve
Owner of the obligation to pay in full when the reason for withholding payment no longer exists.
I. Withholding of payment by Owner under the terms of this agreement does not constitute either
breach of contract or default by Owner.
XXVI. 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. Making of final payment constitutes waiver of all Claims by Owner against Contractor, except:
(1) Outstanding lien Claims or Claims for liens, (2) Claims for Defective Work specifically identified
before the making of final payment, (3) Defects which result from failure by Contractor to perform the
Work in strict accordance with the Contract Documents, (4) Any warranty or guarantee required by the
Contract Documents, (5) Any Claim for which Contractor was specifically given notice before final
payment, and (6) Any right Owner has as a matter of Law.
C. 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.
D. Owner has no obligation to make final payment until unconditional waivers of lien in a form
satisfactory to Owner, lenders and Sureties have been received from Contractor, Subcontractors,
vendors, tradesmen, and all Material Suppliers with lien rights on the Project. Contractor may furnish a
Bond satisfactory to Owner in lieu of waivers of lien.
E. Owner has no obligation to make final payment until all Punch List items have been
satisfactorily completed unless Owner agrees to accept a certified check equal to the value of any
uncompleted Work.
F. Owner has no obligation to make final payment until a certificate of occupancy has been issued
or a final Inspection has been completed by the appropriate governing authority.
G. Application for final payment constitutes affirmation by Contractor that all payrolls, bills for
materials, equipment charges, and other obligations of Contractor in connection with the Work have
been paid or otherwise satisfied.
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XXVII. Changes in the Work
A. Without invalidating the terms of this agreement, Owner may direct Contractor to make changes
to the Work which are within the general scope of the contract, including changes in the Plans and
Specifications and changes which add, delete or revise portions of the Work. Changes ordered by Owner
shall be in writing and shall result in a revision of the Contract Price and the Contract Time as provided
by this agreement.
B. Any change in Plans, Specifications or Contract Documents necessary to conform to existing or
future Laws, codes, ordinances or regulations shall be considered Extra Work.
C. The price adjustment for Extra Work or reduced Work required by a Change Order shall be the
difference in cost to Contractor for material, labor (including actual medical, pension and vacation
expense), Subcontract expense, equipment cost, supervision, taxes, insurance and overhead plus a
reasonable profit. Profit and overhead (including Job Site overhead, off-site overhead and overhead
caused by delay) shall be 25 percent of the cost of Work performed by crews of Contractor and 15
percent for Work performed by any Subcontractor. No deduction for overhead and profit shall be made
on a Change Order which results in a net credit to Owner.
D. No Claim for payment for Extra Work and no Claim for additional time to complete the Work
shall be recognized under this agreement without a written Change Order or a notice of Claim. Failure
by Contractor to assert the right to a written Change Order or a Claim within 30 calendar days after
beginning Work on a change in the Work shall constitute waiver by Contractor of the right to additional
compensation and waiver of the right to additional time to complete a change in the Work. No act or
omission of either Contractor or Owner shall be interpreted as waiver of the Requirement for a written
Change Order or notice of Claim, nor shall any Claim that Owner has been unjustly enriched support a
Claim for a constructive Change Order. The provisions of this paragraph are the essence of this
agreement.
E. If Owner directs a change in the Work, the change shall be incorporated into this contract by a
Change Order. Contractor shall proceed with Work identified in the Change Order even without
agreement on the change in the Contract Price or the Contract Time, if any.
F. Contractor will include the following clause in each Subcontract for the Project: "When required
by a change in the Prime Contract between Owner and Contractor, Contractor may require the
Subcontractor to make changes to the Work which are required by changes in the Prime Contract,
including changes in the Plans and Specifications and changes which add, delete or revise portions of
the Work. Each change required by Contractor shall be in the form of a written Change Order and shall
result in a change in the Contract Price and the Contract Time, if any."
G. Failure of Contractor and Owner to agree on the terms of a Change Order shall be resolved under
the provisions of this agreement which cover Claims and disputes.
H. Should Contractor and Owner fail to agree promptly on the terms of a Change Order, Contractor
shall be paid, pending resolution of the dispute, the portion of the cost of the change not in dispute,
including the costs of time and materials required to execute the change. Payments required under this
paragraph shall be made as the Work progresses, concurrently with progress payments.
XXVIII. Contractor Claims
A. If Contractor claims that any instruction, Drawing, act or omission of Owner or any
representative of Owner, or any agency of government, increases costs to Contractor, requires extra time
or changes the Scope of Work, Contractor shall have the right to assert a Claim for such costs or time.
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XXIX. Notice of Claims
A. The amount Claimed by Contractor shall be calculated in accord with provisions in this contract
on charges for Extra Work.
XXX. 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. 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.
C. Nothing in this article shall be interpreted as waiving any rights Contractor has under state Law
for enforcement of lien rights or as waiving any right of Owner secured by a Payment or Performance
Bond.
XXXI. 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.
XXXII. Subcontracted Work
A. Contractor shall notify Owner of each principal Subcontractor and vendor Contractor proposes to
retain for Work on the Project and the Scope of their Work. Contractor shall not contract with any
Subcontractor or vendor to whom Owner makes a reasonable and timely objection. Contractor shall not
change a previously selected Subcontractor or vendor without notifying Owner of the proposed change.
Contractor shall bear any additional cost incurred due to voluntary substitution of Subcontractors or
vendors.
B. Contractor shall not assign or Subcontract any portion of the Work to be done under this contract
without prior consent of Owner and until Owner has reviewed and approved the proposed Subcontract
agreement. Consent of Owner shall not be unreasonably withheld, delayed, or conditioned. Each
assignment or Subcontract shall be in writing, shall identify Owner as the intended third party
beneficiary of the Subcontract, and obligate the Subcontractor to comply with the terms and conditions
of this contract.
C. Contractor agrees that contracts with Subcontractors and vendors for the Project will impose the
same duties and obligations on those Subcontractors and vendors for their portions of the Work as
Contractor has under the provisions of the Contract Documents. Contractor warrants and guarantees that
each Subcontract with a Subcontractor or vendor for the Project will extend to Contractor all rights and
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remedies provided to Owner under this agreement.
D. Anything in this contract or the Contract Documents notwithstanding, there is no contractual
relationship between any Subcontractor or vendor to Contractor and Owner. Contractor warrants and
guarantees that each agreement with a Subcontractor or vendor on the Project will include the following
language: Except as provided by Law or regulation, Owner has no obligation to respond to Claims of
any Subcontractor or vendor on the Project or to resolve disputes between or among Contractor,
Subcontractors, and vendors on the Project. All communications between a Subcontractor or vendor on
the Project and Owner are to pass through Contractor.
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Signatures
The signatures that follow constitute confirmation by those signing that they have examined and
understand the Contract Documents and agree to be bound by the terms of these documents.
This agreement is entered into as of the date written below.
Owner Name: _____________________________________, Owner
______________________________ ________________
(Signature) (Date)
______________________________
(Printed Name and Title)
Contractor Name: __________________________________, Contractor
______________________________ ________________
(Signature) (Date)
______________________________
(Printed Name and Title)
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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________________
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