Hotel Development Contract

This Hotel Development Contract ("Contract") is made and entered into effective as of [Date], by and between [Your Company Name], hereinafter referred to as "Owner," with its principal place of business at [Your Company Address], and [Contractor's Name], hereinafter referred to as "Contractor," with its principal place of business at [Contractor's Address].

Recitals

WHEREAS, Owner desires to develop a hotel located at [Project Address] ("Project");

WHEREAS, Contractor has represented that it is experienced, competent, and qualified to perform the necessary work to complete the Project; and

WHEREAS, Owner desires to engage Contractor, and Contractor desires to accept such engagement, to perform the services described herein, subject to the terms and conditions set forth in this Contract.

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

1. Scope of Work

Contractor agrees to perform the services described in [Scope of Work Document] attached hereto and incorporated herein by reference ("Services"). The Services shall include, but are not limited to, the following:

Design and Planning: Develop architectural designs, layouts, and detailed project plans.
Permitting: Secure all necessary permits and approvals from relevant authorities.
Construction: Execute construction activities, including site preparation, building construction, and installation of utilities.
Interior Design: Plan and implement interior designs, including furnishings, fixtures, and equipment.
Landscaping: Design and implement landscaping to enhance the exterior environment.

The Services shall be performed in a workmanlike manner and in accordance with the highest industry standards. Contractor agrees to complete each phase of the Project as outlined in the Scope of Work, adhering to the project timeline and budget.

2. Time for Performance

The Services shall commence on [Commencement Date] and shall be completed by [Completion Date]. Time is of the essence in the performance of this Contract. Contractor agrees to perform the Services in accordance with the project schedule attached hereto as Exhibit A:

Exhibit A: Scope of Work

1. Design and Planning

Contractor shall provide comprehensive design and planning services, including but not limited to:

Conducting site analysis and feasibility studies.
Developing architectural designs, layouts, and detailed project plans.
Preparing and submitting necessary documentation for permits and approvals.
Collaborating with Owner to finalize design specifications and project requirements.

2. Permitting

Contractor shall secure all necessary permits and approvals required for the Project, including but not limited to:

Building permits.
Environmental permits.
Zoning approvals.
Any other relevant permits as required by local, state, or federal authorities.

3. Construction

Contractor shall manage and execute all construction activities for the Project, including but not limited to:

Site preparation and earthworks.
Building construction, including structural, mechanical, electrical, and plumbing systems.
Installation of utilities and infrastructure.
Ensuring compliance with all building codes and regulations.

4. Interior Design

Contractor shall provide interior design services, including but not limited to:

Developing interior layouts and selecting finishes, furnishings, and fixtures.
Coordinating with suppliers and vendors for procurement of materials.
Overseeing the installation of interior elements to ensure they meet design specifications.

5. Landscaping

Contractor shall design and implement landscaping for the Project, including but not limited to:

Developing landscaping plans that enhance the exterior environment of the hotel.
Selecting and planting trees, shrubs, and other vegetation.
Installing irrigation systems and other landscaping features.

6. Project Management

Contractor shall provide project management services to ensure the successful completion of the Project, including but not limited to:

Scheduling and coordinating all phases of the Project.
Managing subcontractors and ensuring their work meets project standards.
Monitoring progress and making adjustments as necessary to stay on schedule.
Communicating regularly with Owner to provide updates on project status.

7. Quality Control

Contractor shall implement a quality control program to ensure all work performed meets the highest industry standards, including but not limited to:

Conducting regular inspections and tests.
Documenting and addressing any deficiencies or non-compliance issues.
Ensuring all materials and workmanship meet project specifications.

8. Final Inspection and Handover

Contractor shall perform a final inspection upon completion of the Project to ensure all work has been completed to the satisfaction of Owner, including but not limited to:

Conducting a walkthrough with Owner to identify any outstanding issues.
Addressing any punch list items promptly.
Providing Owner with all necessary documentation, including warranties, maintenance manuals, and as-built drawings.

3. Compensation

Owner agrees to pay Contractor for the performance of the Services the sum of [Contract Amount] payable in the following manner:

10% ([Milestone 1 Payment Amount]) upon completion of [Milestone 1 Description];
30% ([Milestone 2 Payment Amount]) upon completion of [Milestone 2 Description];
40% ([Milestone 3 Payment Amount]) upon completion of [Milestone 3 Description];
20% ([Milestone 4 Payment Amount]) upon final completion and approval of the Project.

Payments shall be made within [Number of Days] days of receipt of an undisputed invoice from Contractor.

4. Change Orders

Any changes to the Scope of Work, including any changes to the compensation or time for performance, shall be documented in a written change order signed by both parties. All change orders must include a detailed description of the change, the reason for the change, and any adjustments to the project schedule or budget.

5. Warranties

Contractor warrants that all work performed under this Contract shall be free from defects in materials and workmanship for a period of [Warranty Period] from the date of completion. Contractor shall, at its expense, promptly correct any work not in compliance with this warranty. Additionally, Contractor warrants that all materials used will be new and of good quality, unless otherwise specified.

6. Insurance

Contractor shall maintain during the term of this Contract, at its own expense, insurance coverage in the following amounts:

General Liability Insurance: [Amount] per occurrence;
Workers' Compensation Insurance: Coverage as required by law;
Automobile Liability Insurance: [Amount] per occurrence.

Contractor shall provide Owner with certificates of insurance evidencing such coverage and shall name Owner as an additional insured on the General Liability and Automobile Liability policies. Insurance policies shall include a provision requiring at least 30 days' prior written notice to Owner before any cancellation or material change in coverage.

7. Indemnification

Contractor agrees to indemnify, defend, and hold harmless Owner, its officers, directors, agents, and employees from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or resulting from the performance of the Services, provided that any such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, but only to the extent caused by the negligent acts or omissions of Contractor, its subcontractors, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable.

8. Termination

Either party may terminate this Contract for convenience upon [Number of Days] days' written notice to the other party. In the event of termination, Contractor shall be entitled to compensation for Services performed up to the effective date of termination. Upon termination, Contractor shall provide Owner with all work completed to date and all materials purchased for the Project.

9. Governing Law

This Contract shall be construed in accordance with and governed by the laws of [Relevant Jurisdiction].

10. Dispute Resolution

Any disputes arising out of or relating to this Contract shall be resolved through binding arbitration conducted in accordance with the rules of [Arbitration Organization], and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in [Location], and each party shall bear its own costs and expenses in connection with the arbitration, except as otherwise provided in the arbitration award.

11. Miscellaneous

(a) Entire Agreement: This Contract constitutes the entire agreement between the parties and supersedes all prior agreements, representations, and understandings of the parties.

(b) Amendments: This Contract may be amended only by a written document signed by both parties.

(c) Notices: All notices required or permitted under this Contract shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed to the respective party at the address set forth above.

(d) Severability: If any provision of this Contract is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

(e) Waiver: The failure of either party to enforce any provision of this Contract shall not be construed as a waiver of such provision or the right of that party to enforce such provision in the future.

(f) Force Majeure: Neither party shall be liable for any delay or failure to perform its obligations under this Contract due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, and natural disasters.

IN WITNESS WHEREOF, the parties hereto have executed this Hotel Development Contract as of the day and year first above written.

[Your Company Name]

By:

Name: [Your Name]
Title: [Your Title]

[Contractor's Name]

By:

Name: [Contractor Representative Name]
Title: [Contractor Representative Title]