Church Contract
Church Contract
I. The Parties
This Church Contract ("Contract") is made and entered into on [Month Day, Year] by and between [Your Company Name], a religious organization ("Church"), with a primary place of business at [Your Company Address], and [Contractor’s Name], a firm ("Contractor"), with a primary place of business at [Contractor’s Address]. The Church and Contractor may collectively be referred to as the ("Parties") or individually as a ("Party").
WHEREAS, the Church desires to perform a construction project on its premises located at [Project Location] ("Project");
WHEREAS, the Contractor has the expertise, experience, and resources to complete the Project in accordance with the terms and conditions outlined in this Contract;
WHEREAS, the Parties wish to establish their respective rights and obligations relating to the Project;
NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the Parties agree as follows:
II. Scope of Work
A. Description of Work
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Provision of Services: The Contractor shall provide all necessary labor, materials, equipment, and supervision to complete the construction project as specified.
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Specific Tasks: Tasks include, but are not limited to, demolition, excavation, foundation work, framing, electrical, plumbing, and finishing.
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Adherence to Schedule: The Contractor agrees to adhere to the Project Schedule, meeting all specified milestones and deadlines.
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Compliance with Regulations: All work must comply with local, state, and federal building codes and regulations.
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Permits and Licenses: The Contractor is responsible for securing all necessary permits and licenses required for the project.
B. Changes to Work
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Documentation of Changes: Any modifications to the scope of work must be documented and approved in writing by both Parties.
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Approval Before Proceeding: The Contractor shall not proceed with any changes until written approval is received from the Church.
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Cost and Time Adjustments: Any cost implications and time extensions due to changes must be mutually agreed upon and documented.
C. Quality of Work
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Standards of Quality: The Contractor shall perform all work in accordance with industry standards and best practices.
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Inspection and Approval: All completed work will be subject to inspection and approval by the Church or its designated representative.
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Correction of Deficiencies: The Contractor shall promptly correct any deficiencies identified during inspections at no additional cost to the Church.
III. Payment Terms
A. Payment Schedule
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Total Contract Price: The total contract price for the Project is [$250,000].
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Down Payment: A down payment of [$50,000] is required upon signing this Contract.
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Progress Payments: Payments will be made upon completion of specific milestones: [20]% upon foundation completion, [30]% upon framing completion, [30]% upon substantial completion, and the final [20]% upon project completion and final inspection.
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Final Payment: The final payment will be made after the project passes final inspection and approval by the Church.
B. Invoice and Payment
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Submission of Invoices: The Contractor shall submit invoices upon completion of each specified milestone.
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Payment Terms: The Church agrees to make payments within [15] business days of receiving the invoice.
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Late Payment Penalties: Late payments will incur an interest charge of [1.5]% per month on the outstanding balance.
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Payment Methods: Payments can be made via check, bank transfer, or other agreed-upon methods.
C. Retainage
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Retainage Amount: The Church may withhold a retainage of [5]% from each progress payment.
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Release of Retainage: The retainage will be released upon satisfactory completion of the entire Project, including final inspections and approvals.
IV. Timeline
A. Project Schedule
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Start Date: The construction project is expected to start on [Month Day, Year].
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Completion Date: The completion date shall be no later than [Month Day, Year], barring any approved extensions.
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Milestones: Key milestones include foundation completion, framing completion, rough-ins completion, and substantial completion.
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Regular Updates: The Contractor shall provide regular updates on progress and any potential delays.
B. Delays and Extensions
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Unforeseen Circumstances: Delays caused by unforeseen circumstances must be documented and promptly communicated to the Church.
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Extension Requests: Requests for extensions must include justification and be submitted to the Church for approval.
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Penalties for Delays: Penalties for late completion may be negotiated and included in a written amendment to this Contract.
C. Accelerated Work
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Request for Acceleration: If the Church requests an accelerated schedule, the Contractor shall provide an estimate of additional costs and feasibility.
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Agreement on Terms: Any agreement to accelerate the work must be documented and signed by both Parties.
V. Obligations of the Parties
A. Church’s Obligations
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Access and Utilities: The Church will provide access to the premises and any necessary utilities for the Contractor to perform the work.
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Review and Approval: The Church will review and approve project plans and any subsequent modifications in a timely manner.
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Timely Payments: The Church will make timely payments as specified in the Payment Terms section.
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Designated Representative: The Church will designate an authorized representative to communicate and make decisions on its behalf.
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Site Safety: The Church will ensure the site is safe and free from any hazards that could impede the Contractor's work.
B. Contractor’s Obligations
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Professional Performance: The Contractor will perform the work in a professional manner and in accordance with industry standards.
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Progress Updates: The Contractor will provide regular updates on the progress of the work and any potential issues.
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Rectification of Issues: The Contractor will address and rectify any issues or defects discovered during or after project completion.
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Site Cleanliness and Safety: The Contractor will ensure the site is kept clean and safe during the construction process.
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Compliance with Laws: The Contractor will comply with all applicable laws, regulations, and building codes.
C. Coordination and Communication
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Regular Meetings: The Parties agree to hold regular meetings to discuss progress, issues, and any necessary adjustments to the Project.
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Point of Contact: Each Party will designate a point of contact for all communications related to the Project.
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Issue Resolution: Both Parties will work collaboratively to resolve any issues or disputes that arise during the Project.
VI. Warranties
A. Contractor’s Warranty
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Warranty Period: The Contractor warrants that all work performed will be free from defects for a period of [12] months from the date of completion.
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Rectification of Defects: Any defects identified within this warranty period will be rectified by the Contractor at no additional cost to the Church.
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Quality of Materials: Materials and equipment used in the Project will be new and of good quality unless otherwise specified.
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Workmanship Warranty: The Contractor warrants that all workmanship will meet industry standards and best practices.
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Extended Warranties: Any manufacturer’s warranties on materials or equipment will be passed on to the Church.
B. Exclusions
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Damage by Others: The warranty does not cover damage caused by misuse, neglect, or unauthorized modifications made by the Church or third parties.
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Wear and Tear: Normal wear and tear, as well as force majeure events, are excluded from this warranty.
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Maintenance Neglect: Defects resulting from the Church’s failure to properly maintain the completed work are not covered.
C. Warranty Claims
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Notification of Defects: The Church must notify the Contractor in writing of any defects discovered during the warranty period.
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Inspection and Repair: Upon receiving notice, the Contractor will inspect the defect and, if covered, will repair or replace the defective work within a reasonable timeframe.
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Dispute Resolution: Any disputes regarding warranty claims will be resolved in accordance with the Dispute Resolution section of this Contract.
VII. Insurance and Liability
A. Insurance Requirements
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General Liability Insurance: The Contractor must maintain general liability insurance coverage of at least [$1,000,000] during the term of the Project.
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Worker’s Compensation Insurance: The Contractor must carry worker’s compensation insurance in compliance with local regulations.
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Proof of Insurance: Proof of insurance shall be provided to the Church before the commencement of work.
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Additional Insured: The Church shall be named as an additional insured on the Contractor's insurance policies.
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Insurance Continuity: The Contractor shall ensure continuous insurance coverage throughout the duration of the Project.
B. Liability
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Contractor’s Liability: The Contractor shall be liable for any damage to the Church's property resulting from the Contractor's negligence.
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Church’s Liability: The Church shall not be liable for any injuries or accidents that occur on the construction site, except as resulting from its own gross negligence.
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Indemnification: Both Parties agree to indemnify and hold each other harmless from any claims arising from their respective acts or omissions.
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Damage to Equipment: The Contractor is responsible for any damage to its equipment or materials while on Church property.
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Third-Party Claims: The Contractor shall defend and indemnify the Church against any third-party claims arising from the Contractor’s work.
VIII. Termination
A. Termination for Convenience
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Notice Period: Either Party may terminate this Contract for convenience by providing [30] days' written notice to the other Party.
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Payment for Work Completed: If terminated by the Church, the Contractor shall be paid for all work completed up to the date of termination.
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Replacement Contractor: If terminated by the Contractor, the Church shall have the right to engage another contractor to complete the work.
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Return of Materials: Upon termination, the Contractor shall return any materials or equipment belonging to the Church.
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Settlement of Accounts: Both Parties shall settle all outstanding accounts and payments upon termination.
B. Termination for Cause
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Grounds for Termination: Either Party may terminate this Contract for cause if the other Party fails to perform its obligations under this Contract.
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Notice and Cure Period: Written notice specifying the cause for termination must be provided, and the defaulting Party must be given [14] days to cure the default.
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Failure to Cure: If the default is not cured within this period, the non-defaulting Party may terminate the Contract without further obligation.
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Compensation for Damages: The non-defaulting Party may seek compensation for any damages incurred due to the default.
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Retention of Rights: Termination for cause does not waive any rights or remedies available to the non-defaulting Party under this Contract or applicable law.
C. Suspension of Work
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Right to Suspend: The Church may suspend the work for its convenience by providing written notice to the Contractor.
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Resumption of Work: Upon resumption of work, the Contractor shall be entitled to an equitable adjustment in the schedule and contract price.
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Mitigation of Costs: The Contractor shall take all reasonable steps to mitigate costs during the suspension period.
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Documentation: The Contractor must provide documentation of any additional costs incurred due to the suspension.
IX. Dispute Resolution
A. Mediation
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Initial Dispute Resolution: In the event of a dispute arising under this Contract, the Parties agree to first attempt to resolve the dispute through mediation.
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Selection of Mediator: A neutral third-party mediator shall be selected jointly by the Parties.
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Location and Costs: The mediation process shall be conducted in [State Name], and each Party shall bear its own costs.
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Mediation Timeline: The mediation shall commence within [30] days of the dispute notice and conclude within [60] days unless otherwise agreed.
B. Arbitration
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Binding Arbitration: If mediation fails to resolve the dispute, the Parties agree to submit the dispute to binding arbitration.
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Arbitration Rules: The arbitration shall be conducted under the rules of the [American Arbitration Association].
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Final Decision: The decision of the arbitrator shall be final and binding on both Parties.
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Arbitration Costs: The costs of arbitration shall be shared equally by the Parties unless otherwise awarded by the arbitrator.
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Enforcement of Award: The arbitration award may be enforced in any court of competent jurisdiction.
C. Litigation
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Jurisdiction: If arbitration is not feasible, any legal action arising out of this Contract shall be filed in the courts located in [State Name].
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Attorney’s Fees: The prevailing Party in any legal action shall be entitled to recover its reasonable attorney’s fees and costs.
X. General Provisions
A. Governing Law
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Applicable Law: This Contract shall be governed by and construed in accordance with the laws of the State of [State Name].
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Legal Venue: Any legal action arising out of this Contract shall be filed in the courts located in [State Name].
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Conflict of Laws: Any provision of this Contract that conflicts with applicable law shall be modified to conform to such law.
B. Entire Agreement
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Complete Agreement: This Contract constitutes the entire agreement between the Parties regarding the subject matter herein.
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Amendments: No amendments or modifications shall be valid unless made in writing and signed by both Parties.
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Previous Agreements: This Contract supersedes all prior agreements, negotiations, and understandings between the Parties.
C. Severability
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Validity of Provisions: If any provision of this Contract is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.
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Modification of Provisions: The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable, consistent with the Parties' original intent.
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Severability Clause: Each provision of this Contract is severable and distinct from the others.
D. Notices
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Method of Notice: All notices required or permitted under this Contract shall be in writing and sent to the respective addresses of the Parties.
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Effective Delivery: Notices may be delivered by hand, certified mail, or email, and shall be deemed effective upon receipt.
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Change of Address: Each Party may change its address by providing written notice to the other Party.
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Notice of Dispute: Any notice of dispute must include a detailed description of the issue and any supporting documentation.
XI. Signatures
IN WITNESS WHEREOF, the Parties hereto have executed this Contract as of the Effective Date.
Church
[Authorized Representative Name]
[Your Company Name]
Date: [Month Day, Year]
Contractor
[Authorized Representative Name]
[Contractor's Name]
Date: [Month Day, Year]