BUILDER CONTRACT

This agreement of construction, herein referred to as the "Agreement", has been drafted, finalized, and formally entered into on the specific date of [Date]. The two primary parties involved in this Agreement are [Client Name], who is located at [Client Address] and will be referred to as the "Client" throughout this Agreement, and [Builder Name], who is situated at [Builder Address] and shall be acknowledged as the "Builder" for the entirety of this Agreement.

• WHEREAS, the Client desires to engage the services of the Builder for the construction of [Project Description]; and

• WHEREAS, the Builder is willing to undertake such construction services under the terms and conditions set forth herein.

• NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows:

1. Scope of Work

The Builder agrees to provide construction services for the Project described as [Project Description], by the plans, specifications, and drawings attached hereto as:

1.1 Site Preparation

• Clearing and grading of the construction site as necessary.

• Excavation and preparation of foundations according to the Plans and local building codes.

1.2 Structural Work

• Construction of the building structure, including walls, floors, and roof, by the Plans and engineering specifications.

• Installation of structural components such as beams, columns, and trusses.

1.3 Exterior Finishes

• Installation of exterior cladding, siding, roofing materials, and windows as specified in the Plans.

• Application of exterior finishes such as paint or stucco.

1.4 Interior Finishes

• Installation of interior walls, ceilings, and flooring materials according to the Plans.

• Application of interior finishes such as paint, wallpaper, or paneling.

1.5 MEP system

Installation of HVAC systems, electrical wiring, plumbing fixtures, and other MEP components as outlined in the Plans and compliance with applicable codes and regulations.

1.6 Site Utilities

• Connection to utilities such as water, sewer, gas, and electricity as required for the Project.

• Installation of drainage and stormwater management systems as necessary.

1.7 Site Work and Landscaping

• Construction of driveways, walkways, and other site improvements as specified in the Plans.

• Planting of landscaping elements and installation of irrigation systems if applicable.

1.8 Clean-Up and Site Restoration

• Removal of construction debris and restoration of the construction site to its original condition upon completion of the project.

• Final inspection and walkthrough with the Client to ensure satisfactory completion of the work.

2. Payment

The Client agrees to pay the Builder the total sum of [Total Contract Amount] for the completion of the Project. Payment shall be made in installments as follows:

• [Payment Schedule] The final payment shall be made upon substantial completion of the Project.

3. Change Orders

Both parties must explicitly agree, in written format, to any amendments or alterations to the established scope of work or specifications. Furthermore, in circumstances where change orders result in extra costs, these additional expenses shall only be borne upon reaching a mutually accepted agreement between the affected parties.

4. Time of Performance

The Builder has agreed to begin working on the project starting from the date referred to as [Start Date]. The Builder also agrees to work towards completing the entire project no later than the date referred to as [Completion Date]. However, it is necessary to note that this schedule could be affected by various factors, such as unforeseen circumstances or any delays that occur due to issues that are beyond the Builder's control or ability to resolve.

5. Warranties

The party recognized as the Builder hereby provides assurance and guarantees that any work that is carried out in compliance with this Agreement will invariably be of an admirable high quality. Furthermore, the Builder warrants that there will be no defects in either the workmanship involved or the materials utilized for the duration of the stated Warranty Period. This warranty commences from the date when the work is substantially completed.

6. Indemnification

The Builder agrees to indemnify and hold harmless the Client from any claims, damages, or liabilities arising out of the Builder's performance of the construction services under this Agreement.

7. Insurance

Throughout the project, the Builder is obligated to continually maintain an appropriate level of insurance coverage. This coverage should not only include the standard general liability insurance but also workers' compensation insurance and possibly other forms of coverage, as a means of mitigating any potential financial risks or liabilities that may arise during the project's execution.

8. Termination

Either party may terminate this Agreement upon written notice to the other party in the event of a material breach of the terms of this Agreement. Upon termination, the Client shall pay the Builder for all work performed up to the date of termination.

9. Governing Law

The conditions of this Agreement shall be governed by and interpreted according to the laws of the specified State. This will be done without considering any principles of conflict of laws that may be applicable under the jurisdiction of said State.

10. Entire Agreement

This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.

[Builder Name]

[DATE]

[Client Name]

[DATE]

Contract Templates @ Template.net