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    9-General Contract Template

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    Construction UpdatePH
    This construction contract establishes terms for a contractor to build a construction project for an owner. It outlines details such as the parties involved, property location, scope of work, payment schedule, insurance requirements, responsibilities for permits and utilities, contingencies, warranties, and procedures for changes, substantial completion, and punch lists. The contract incorporates plans and specifications for the project and allows for modifications by signed change orders agreed to by both parties.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    9-General Contract Template

    Uploaded by

    Construction UpdatePH
    81 views9 pages
    This construction contract establishes terms for a contractor to build a construction project for an owner. It outlines details such as the parties involved, property location, scope of work, payment schedule, insurance requirements, responsibilities for permits and utilities, contingencies, warranties, and procedures for changes, substantial completion, and punch lists. The contract incorporates plans and specifications for the project and allows for modifications by signed change orders agreed to by both parties.

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    This construction contract establishes terms for a contractor to build a construction project for an owner. It outlines details such as the parties involved, property location, scope of work, payment schedule, insurance requirements, responsibilities for permits and utilities, contingencies, warranties, and procedures for changes, substantial completion, and punch lists. The contract incorporates plans and specifications for the project and allows for modifications by signed change orders agreed to by both parties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    81 views9 pages

    9-General Contract Template

    Uploaded by

    Construction UpdatePH
    This construction contract establishes terms for a contractor to build a construction project for an owner. It outlines details such as the parties involved, property location, scope of work, payment schedule, insurance requirements, responsibilities for permits and utilities, contingencies, warranties, and procedures for changes, substantial completion, and punch lists. The contract incorporates plans and specifications for the project and allows for modifications by signed change orders agreed to by both parties.

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    © All Rights Reserved
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    CONSTRUCTION CONTRACT TEMPLATE

    This Construction Contract is being entered into between [OWNER]


    (“Owner”) and [CONTRACTOR] (“Contractor”) (collectively, the
    “Parties”).  The effective date of this Construction Contract will be
    the last date of signature below.

    This Construction Contract, along with incorporated documents


    referenced herein, sets forth the terms and conditions agreed to
    between the Parties relating to construction of [TYPE OF
    CONSTRUCTION] by Contractor for Owner.

    TERMS AND CONDITIONS

    Article 1 – Parties and Property

    1.1.   Owner is [OWNER] is [OWNER TYPE], the legal owner of the


    property on which construction will be completed under this
    Construction Contract, with contact information as follows –

            [OWNER ADDRESS LINE 1]

            [OWNER ADDRESS LINE 2]

            [OWNER CITY], [OWNER STATE], [OWNER ZIP]

            [OWNER PHONE]

            [OWNER EMAIL]
    1.2.   Contractor is [CONTRACTOR] is a duly licensed general
    contractor in good standing, with contact information as follows –

            [CONTRACTOR ADDRESS LINE 1]

            [CONTRACTOR ADDRESS LINE 2]

            [CONTRACTOR PHONE]

            [CONTRACTOR EMAIL]

    1.3.   The site for the construction to be completed under this


    Construction Contract is as follows –

            Street address –

            [SITE STREET ADDRESS 1]

            [SITE STREET ADDRESS 2]

             Legal description –

            [LEGAL DESCRIPTION]

    (hereinafter “Property”).

    1.4.   Construction Project shall mean the work that Contractor


    (and/or Contractor’s agents) are obligated to perform for Owner as
    detailed within the following plans and specification documents
    which are incorporated herein by reference –

     [PLAN DOCUMENT(S)

    [SPECIFICATION DOCUMENT(S)]
    Article 2 – Compensation

    2.1.   In consideration for the work performed by Contractor on the


    Construction Project, Owner will pay to Contractor the total sum of
    Php[TOTAL PROJECT COST], according to the progress set forth
    below, and subject to modification on account of any change orders
    to the scope of work made by the Parties according to the terms of
    this Construction Contract.

    2.2.   Upon completion of the scope of work designated in the


    following progress, partial payments will be made by Owner to
    Contractor within 10 days of notice of milestone completion
    submitted by Contractor to Owner, subject to any applicable
    dispute provisions in this Construction Contract –

            2.2.1.   Progress 1.  Upon completion of the following scope of


    work, Contractor will be entitled to payment of [PROGRESS 1
    PAYMENT]

            [WORK SCOPE 1]

            2.2.2.   Progress 2.  Upon completion of the following scope of


    work, Contractor will be entitled to payment of [PROGRESS 2
    PAYMENT]

            [WORK SCOPE 2]

            2.2.3.   Milestone 3.  Upon completion of the following scope


    of work, Contractor will be entitled to payment of [PROGRESS 3
    PAYMENT]

            [WORK SCOPE 3]
            2.2.4.   Progress 4.  Upon completion of the following scope of
    work, Contractor will be entitled to payment of [PROGRESS 4
    PAYMENT]

            [WORK SCOPE 4]

            2.2.5.   Progress 5.  Upon completion of the following scope of


    work, Contractor will be entitled to payment of [PROGRESS 5
    PAYMENT]

            [WORK SCOPE 5]

    2.3.   Contractor will have the right to stop work and keep the
    Construction Project idle if payments are not made to Contractor
    when due.  If the work is stopped for such reason for a period
    exceeding [STOP DAYS] days without payments being made, Owner
    shall be deemed to be in default and Contractor may, at its option,
    make a final demand for all payments due and owing, and any
    additional expenditures for work performed, materials ordered or
    supplied, or any other loss sustained.  If payment is not made within
    [LAST CHANCE TO PAY DAYS] days thereafter, Contractor will be
    entitled to all legal remedies for breach of this Construction
    Contract.

    Article 3 – Contingencies, Commencement, and Completion

    3.1.   This Construction Contract [CHECKBOX] is [CHECKBOX] is not


    contingent on Owner obtaining a construction loan as follows:
    [FINANCING CONDITIONS] on or before [CONTINGENCY
    DEADLINE].  Owner will provide notice to Contractor when the
    construction loan has been approved.  If this Construction Contract
    is contingent on Owner obtaining a construction loan and such loan
    is not obtained on or before the contingency deadline set forth
    herein, neither the Owner nor the Contractor shall have any further
    obligations under this Construction Contract.
    3.2.   Work on the Construction Project will commence no later than
    [DAYS] days after the Effective Date of this Construction Contract, or
    after Contractor receives notice from Owner of approval of any
    construction loan, whichever is later (“Commencement Date”).

    3.3.   The Construction Project is scheduled to be completed within


    [MONTHS] months of the Commencement Date, unless modified by
    change order as defined herein.

    Article 4 – Change orders

    4.1.   From time to time during the performance of work under this
    Construction Contract, there may be changes required or requested
    to the scope of work, price, and time for completion, under this
    Construction Contract.  All such proposed changes will be
    submitted to the other Party in writing containing at least the
    following information:  proposal date, the change requested,
    explanation of how that will affect the cost or time of completion,
    and signed by the proposing party.  When both parties have signed
    to acknowledge their approval of such a proposal, it will be
    designated as a “Change Order” and will then be incorporated into
    this Construction Contract and is binding on both parties.

    Article 5 – Additional provisions

    5.1.   Contractor will obtain, at its own cost, all necessary permits
    and permissions to perform the work required for the Construction
    Project.

    5.2.   Contractor will maintain, throughout the duration of this


    Construction Contract, all legally required licensure and permissions
    to perform the work required for the Construction Project.  To the
    extent it is permitted by law, Contractor may subcontract portions
    of work to properly qualified and licensed subcontractors upon
    advance notice to Owner, and ensuring that prompt and proper
    payment is made to such subcontractors as will avoid any liens
    being placed on the Property.

    5.3.   Owner will provide Contractor, and its employees, agents, and
    subcontractors, reasonable access to the Property for purposes of
    conducting work on the Construction Project.

    5.4.   During the course of work on the Construction Project, Owner


    or Owner’s designated agent, will have access to the Property for
    purposes of inspection, appraisal, and work evaluation.  Such access
    and inspections will be conducted at reasonable times, with
    advance notice to Contractor when reasonably practicable, and in a
    manner not to obstruct the progress of construction.

    5.5.   The Parties will purchase and maintain the following insurance
    policy(ies) during the course of work on the Construction Project
    with duly licensed insurance companies in the amount of no less
    than [MIN INSURANCE AMOUNT] and with reasonable deductibles
    not to exceed [MIN DEDUCTIBLE AMOUNT] —

            [INSURANCE POLICY REQUIREMENT 1]

            [INSURANCE POLICY REQUIREMENT 2]

    5.6.   Contractor will be responsible to properly dispose of all


    construction materials and debris from the Property from the
    Commencement Date until the date a certificate of occupancy is
    issued to the Owner.

    5.7.   “Hazardous Materials” means any substance commonly


    referred to, or defined in any Law, as a hazardous material or
    hazardous substance (or other similar term), including but not be
    limited to, chemicals, solvents, petroleum products, flammable
    materials, explosives, asbestos, urea formaldehyde, PCB’s,
    chlorofluorocarbons, freon or radioactive materials.  Contractor will
    be responsible to comply with legal regulations regarding the
    removal and disposal of Hazardous Materials at its own cost unless
    otherwise specified in this Construction Contract.  Contractor will
    indemnify Owner for any damages resulting from improper
    handling or disposal of Hazardous Materials at or from the Property
    from the Commencement Date until the date a certificate of
    occupancy is issued to the Owner.

    5.8.   Utility services to the Property during the time of construction


    will be arranged for, and paid by, [UTILITY RESPONSIBLE PARTY].

    5.9.   In the event of destruction of the Property, in whole or in part,


    from the Commencement Date until the date a certificate of
    occupancy is issued to the Owner, either party will have the right to
    terminate this Construction Contract.

    5.10. Contractor will not be deemed in breach of this Construction


    Contract or have liability to Owner for failure to perform obligations
    under this Construction Contract if the failure is due in whole or in
    substantial part to strikes, acts of God, unavailability of specified
    labor or materials, war, acts of terror, or other causes beyond the
    reasonable control of Contractor.

    5.11.    Additional Provisions.

            [ADDITIONAL PROVISIONS]

    Article 6 – Substantial Completion and Punch List

    6.1.   Contractor will provide notice to Owner when the Construction


    Project is substantially complete.  Owner will inspect the
    Construction Project within [DAYS TO INSPECT] after receiving such
    notice and deliver to Contractor a “punch list” of deficiencies found
    on the Construction Project.  Contractor will promptly correct the
    matters identified on the punch list.  The Owner may withhold from
    final payment to the Contractor a reasonable estimate of the cost to
    correct the punch list items, until such items are corrected.

    Article 7 – Warranties

    7.1.   Contractor warrants and represents that it is duly licensed to


    perform the work under this Construction Agreement, and will
    perform such work in a workmanlike manner, in compliance with all
    applicable laws, regulations, codes, restrictive covenants, and
    homeowners’ association requirements, with new materials meeting
    the standards set for in the Construction Contract, including plans
    and specifications incorporated therein.

    7.2.   Owner represents that he/she/it is the legal owner of the


    Property or otherwise has full legal authority to enter into this
    Construction Contract without approvals from any other person or
    entity, that the requested work as outlined in the plans and
    specifications are in compliance with all applicable laws, regulations,
    codes, restrictive covenants, and homeowners’ association
    requirements, and that Owner has the financial ability to pay the
    compensation to the Contractor, and any reasonable adjustments
    thereto via change orders, when due and that Owner will make such
    payments.

    7.3.   Both Parties will execute and deliver to the other or to third
    parties any and all documents necessary to effectuate the provisions
    of this Construction Contract, including construction permits,
    certificate of occupancy, and any other documents.

    Article 8 – General terms

    8.1.   This Construction Contract may not be assigned by either


    Party without written consent of the other Party and such consent is
    not to be unreasonably withheld.
    8.2.   Any notice required or permitted under the terms of this
    Construction Contract shall be provided to the contact information
    set forth in Article 1, above.

    8.3.   If any provision of this Construction Contract is found to be


    invalid, illegal, or unenforceable, the remaining portions shall
    remain in full force and effect.

    8.4.   This Construction Contract is governed and is to be


    interpreted under the laws of the State of [PROPERTY STATE], and
    any legal proceedings relating to this Construction Contract will be
    maintained only in the County of [PROPERTY COUNTY] in the State
    of [PROPERTY STATE].

    8.5.   This Construction Contract will be binding upon and inure to


    the benefit of the Parties and, if applicable, to their trustee,
    successor, executor or administrator, or heirs.

    8.6.   In the event of conflict between the documents incorporated


    into this Construction Contract, the specifications will take
    precedence over the plans, and the plans will take precedence over
    this document.

    8.7.   This Construction Contract, and the documents incorporated


    herein at Section 1.4, and any change orders created per the
    process outlined in Section 4.1, represent the entire agreement
    between the Parties and can only be modified in writing signed and
    dated by both Parties.

    Executed by the Parties on the date indicated below.

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