Use this builders contract template to streamline the contract process for your project. Using this template can help you save time and resources and help avoid disputes arising during your construction process.
This Builders Contract ("Agreement") is made and entered into as of the (Date) by and between [Builder.Company] (ConstructionCompany.Name), a company organized and existing under the laws of [Builder.State] and having its offices at [Builder.StreetAddress] [Builder.Company] [Builder.State] [Builder.PostalCode] ("Contractor") and [Client.FirstName] [Client.LastName] residing at [Client.StreetAddress] [Client.City] [Client.State] [Client.PostalCode] ("Client"), hereto collectively referred to as “Parties.”
Clearly outline your scope of work (milestones, deliverables, reports, etc.) for the project, including all the services you’ll provide. Writing this in full detail will avoid any potential misunderstanding as the project progresses.
The contractor agrees to perform the following services in accordance with the terms and conditions outlined in this agreement:
(Insert Your Project’s Scope of Work and Your Services)The Parties agree to the following compensation for the Services to be performed:
Total cost of the project: $(Insert Amount) Deposit to be paid in advance: $(Insert Amount) Total amount of payment to be made upon completion: $(Insert Amount) Penalty for late payment: $(Insert Amount)The Client agrees to make payments to the Builder according to the following schedule:
(Percentage)% upon signing this Contract as a mobilization fee. (Percentage)% at the completion of (Specify Milestone). (Percentage)% at the completion of (Specify Milestone). (Percentage)% upon final completion and acceptance of the project.Your builders contract may include additional costs resulting from change orders that can be negotiated and added to the contract price.
The Parties acknowledge that the scope of work may be modified or changed as necessary, subject to mutual agreement. Any change requests shall be made in writing and shall specify in detail the requested changes to be made and must be signed by both Parties.
The Contractor warrants that the scope of work shall comply with all applicable laws, regulations, and industry standards and will be free from defects for a period of (Insert Period of Warranty) days from the date of completion of the scope of work. In the event of defects or non-conformance with the specifications outlined in this Agreement, the Contractor shall promptly remedy such defects at its own cost and expense. The Contractor shall not be liable for any damages arising from any cause beyond the Contractor's reasonable control.
If the Contractor or the Client materially breaches any of their obligations under this Agreement, the other Party has the right to terminate the contract. Either Party can execute the termination by giving a written notice of (Insert Number of Days) days to the other Party. However, the notice will only be valid if the breached Party fails to cure or correct the breach within (Insert Number of Days) days of receiving a written notice of the breach from the other Party.
The Contractor agrees to maintain, at its own cost and expense, all necessary insurance coverages, including, but not limited to, general liability insurance and workers' compensation insurance.
This Builders Contract, or Agreement, will be interpreted, governed, and enforced in accordance with the laws of the State of (State). This means that any legal matters regarding this contract will follow the laws of (State) without considering any conflicts with laws from other jurisdictions.
In the event of any dispute arising from or related to this Agreement, it will be exclusively resolved through the courts located in (County) in the State of (State). The Parties involved in this contract agree that the state or the federal courts have sole jurisdiction over any disputes or controversies related to this Agreement. Both Parties explicitly consent to this jurisdiction and willingly waive any objections to the chosen venue.
Furthermore, the Parties involved in this contract agree to waive their right to a trial by jury in any legal action or proceeding linked to this Agreement. The Contractor and the Client mutually agree to all the terms entered into this agreement, and hereby, the parties mutually understand and consent to resolve any legal matters in a court of law without a jury trial.
If there is a need for either party to give notice under this Agreement, it must be done in writing. The notice can be sent via registered or certified mail, with a return receipt requested and postage prepaid. Alternatively, a notice can be given via email or facsimile transmission, with the receipt confirmed to ensure it has been received successfully.