Service Agreement (Flooring Contractor)

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This Flooring Contractor Services Agreement is between a property owner and a contractor who will perform flooring services on residential or commercial property. It is important that this agreement be set out in writing as it specifies the scope of the flooring work and how much the contractor will be paid.

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This Flooring Contractor Services Agreement is between a owner/client and a contractor who will perform flooring work. This agreement sets out the details of the arrangement including the location and the days and hours the flooring work can be done, the quality of the workmanship and a guarantee of the flooring materials used. This agreement also sets forth how much the flooring contractor will be paid. It is imperative that this type of service agreement be set out in writing. A written Flooring Contractor Services Agreement will prove helpful if there are disagreements or misunderstandings as to the scope of the flooring project.

This Flooring Contractor Services Agreement contains the following provisions:
  • Parties: Sets forth the name and address of the client/property owner and the flooring contractor;
  • Scope of Work: Sets forth the scope of the flooring work which is set out in specific detail in Schedule 2;
  • Quality: Sets out that contractor shall use trained and experienced workmen and that all work shall be performed according to industry standards;
  • Payment/Other Expenses: States how much the flooring contractor will be paid and any expenses the owner will pay;
  • Insurance: Sets forth the insurance requirements of both owner and the contractor;
  • Term/Termination: Sets out the commencement date and options if either party wants to terminate the agreement;
  • Dispute Resolution: All disputes will be settled according to the rules of the American Arbitration Association;
  • Signature: Both owner/client and flooring contractor must sign the agreement.

Protect yourself, your rights and your property by purchasing this attorney-prepared form.

This attorney-prepared package includes:
  1. General Information
  2. Instructions and Checklist
  3. Step-by-Step Instructions
  4. Flooring Contractor Services Agreement
State Law Compliance: This form complies with the laws of all states
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.











Flooring Contractor
Services Agreement









This Packet Includes:
1.  General Information
2.  Instructions and Checklist
3.  Step-by-Step Instructions
4.  Flooring Contractor Services Agreement











General Information
Flooring Contractor Services Agreement

This Flooring Contractor Services Agreement is between an Owner and a Contractor who is hired to perform flooring work.  It is important that this agreement be set out in writing and clearly specify the flooring services the Contractor will perform (i.e., carpet, vinyl, hardwood or tile flooring).  This agreement sets out the specific terms of the arrangement including the scope of the work, the hours the Flooring Contractor may work and how the Contractor will be paid.  

It is important that this type of services agreement be in writing rather than by oral agreement.  A written Flooring Contractor Services Agreement will prove valuable in the event there are disagreements or misunderstandings as to the scope and extent of the services the Flooring Contractor will provide.


  



Instructions and Checklist


Flooring Contractor Services Agreement

   Both parties should read the agreement carefully.

   Insert all requested information in the spaces provided on the form.

     This form contains the basic terms and language that should be included in similar agreements.  

     This form includes exhibits that should be attached and incorporated as part of this agreement.  

   This agreement includes an arbitration provision.  If you prefer to settle any disputes through the court system, simply remove this language from the Dispute Resolution and Arbitration” provision and replace with applicable language.  
     Both the Owner and Contractor must sign the Agreement.

   Both parties should retain either an original or copy of the signed agreement.

   All legal documents should be kept in a safe location such as a fireproof safe or safe deposit box.  



   








Step-by-Step Instructions


Flooring Contractor Services Agreement

The following instructions will walk you through each provision to help you fully understand the terms of your agreement.  The numbers below correspond with the respective provision within the Agreement.

Heading: Fill in the date that the Agreement is entered into and the name of each party (both the Owner and Contractor).

Section 1: Scope of Work: Describe in detail the flooring services the Contractor will provide and the specific hours in which the Contractor may work.

Section 2: Quality. Specify the quality of the flooring work and Contractor will guarantee that all materials and work are done according to industry standards and in a workmanlike manner.  Contractor also agrees to use trained and experienced workmen to complete the work.  

Section 3: Payment. Specify the exact amount of any advance payments to the Subcontractor, amount of payment when 50% of the work is complete and the amount of final payment when the work is completed.  

Section 4: Insurance. Specify the type of insurance that both Owner and Contractor must carry.

Section 5:  Warranty and Indemnity.  Contractor warrants all materials and workmanship for a period of five years.  Specify otherwise if this is not the case.  

Section 6: Term and Termination.  Fill in the length of time for which the agreement is in effect and how the agreement can be terminated and the effects of any termination.



Section 7:  Expenses. Contractor agrees to bear all reasonable out-of-pocket expenses and costs.  Specify otherwise if this is not the case.

Section 8: Assignment. The Contractor may not assign or delegate any of its duties under this services contract to another party without the prior written consent of the Owner.



Section 9: Miscellaneous. Specific provisions related to waiver, notices, governing law, agreement content, severability and counterparts.  Specify otherwise if any of these provisions are subject to change.


Section 10: Dispute Resolution and Arbitration.  The parties agree to settle any disputes by arbitration according to the rules of the American Arbitration Association.  If the parties desire to settle any disputes through the court system, specify the particulars in writing.    

Signature Blocks.  Both Owner and Contractor must sign this agreement.

Schedule 1/Property Description.  Set out a detailed legal description of the property where the flooring work is to be performed.

Schedule 2/Scope of Work.  Set out a detailed description of the specific flooring work to be performed by the Contractor including commencement date, 50% completion date and expected date of completion.












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FLOOR CONTRACTOR AGREEMENT

THIS FLOORING CONTRACTOR AGREEMENT (the "Agreement") is made as of this [date] day of [month], 2011 (the "Agreement Date") by and among

[name], of [address] (the "Owner"), and

[name], a [address] corporation (the "Contractor")

RECITALS
 
WHEREAS, Owner is the lawful owner of a property, whose description is stated in Schedule 1-Property; and

WHEREAS, Owner desires certain work to be performed for the property as per the “Scope of Work specified in Schedule 2 and Contractor has agreed to perform such work for the property, on the terms and conditions mentioned herein below;

Now, therefore, the Parties agree as follows:
1.   SCOPE OF WORK
1.1   Contractor will perform the work as per specifications mention in Schedule 2-Scope of Work.
1.2   Contractor will furnish all permits, labor, materials, equipment, apparatus, tools, transportation and services necessary for the proper installation and completion of a Floor on the property. The scope of work includes removing and disposing of existing Flooring on the property; installing new Flooring to cover the entire existing Floor area as indicated in the attached Floor Plan”.
2.   QUALITY 
2.1   Contractor shall use trained and experienced workmen having all necessary skills needed to satisfactorily complete the work. Contractor shall finish the work on schedule.
2.2   Contractor shall guarantee all material to be as specified.
2.3   Contractor shall perform the work in a workmanlike manner according to industry standard practices. Any deviation from agreed specifications, involving extra costs, will be executed only after written confirmation of Owner is obtained in advance.
3.   PAYMENT
3.1   Owner shall pay an advance payment of $ ____ to Contractor ___ weeks prior to the commencement of the work. Another payment of $ ___ will be paid, upon completion of 50% of the work. The balance of $___ will be paid upon full and satisfactory completion of the work.
3.2   Any pre-approved additional cost will be paid as per agreement between the Parties.
4.   INSURANCE
4.1   Prior to the execution of any work, Contractor will obtain General Liability Insurance and Workers Compensation Insurance and will provide Certificates of Insurance to Owner, with Owner named as Certificate Holder.

5.   WARRANTY & INDEMNITY

5.1   Contractor warrants the quality of all materials and workmanship for a period of five years. Any defects in the materials or workmanship will be repaired or replaced at no cost to Owner.

5.2   Contractor shall defend, indemnify and hold harmless Owner against all claims, liabilities, expenses, costs, loss or damage of whatsoever nature (including legal costs on a full indemnity basis incurred by Owner) brought against, suffered or incurred by Owner, and defend any suit brought against Owner, arising out of or in connection with this Agreement, including without prejudice to the generality of the foregoing:
   
a.   Any breach of the terms and conditions of this Agreement by the Contractor;
b.   Any act, omission, fraud and negligence or default whatsoever of sub-contractors, employees or agents employed by Contractor to perform its obligations hereunder;
c.   Any wrongful, incorrect, dishonest, criminal, fraudulent or negligent work, misfeasance, bad faith, disregard of its duties and obligations hereunder, service, act or omission of /by Contractor or any of its personnel.

6.   TERM & TERMINATION

6.1   Term. This Agreement shall commence from the Commencement Date specified in Schedule 1, and continue for a period of ___ years, unless terminated earlier by the Owner.

6.2   Termination. Owner shall have the option to terminate this Agreement, 

a.   In the event that the Contractor fails to complete any part of the work on the deadlines agreed with Owner, and as agreed in Schedule 1;
b.   In the event that the Contractor is in material breach of any of its covenants under this Agreement and where capable of remedy, fails to remedy such breach within fifteen (15) days of being notified by Owner to remedy the breach.

6.3   Without prejudice to any other rights or remedies it may have, Owner shall have the right at any time to terminate the Agreement forthwith by serving a written notice of termination on Contractor:

a.   Contractor becomes insolvent or ceases to trade or enters into any composition with its creditors; or
b.   A bankruptcy order is made against Contractor; or
c.   A Receiver or an Administrative Receiver is appointed in respect of any of Contractor 's assets; or
d.   An order to wind up Contractors business is made or a Liquidator is appointed in respect of Contractor (otherwise than for the purposes of reconstruction or amalgamation).
e.   If Contractor is prevented from providing the services by any court, other judicial, quasi-judicial, governmental orders, for any reasons attributable to Contractor.

6.4   Effect of Termination. Notwithstanding any other rights and remedies provided elsewhere in the Agreement, on termination of this Agreement with effect from the effective date of termination and thereafter:

a.   Neither Party will represent the other Party in any of its dealings.
b.   The expiration or termination of this Agreement for any reason whatsoever shall not affect any obligation of either Party having accrued under the Agreement prior to the expiration or termination of this Agreement and such expiration or termination shall be without prejudice to any liabilities of either Party to the other Party existing at the date of expiration or termination of this Agreement.

7.   EXPENSES

7.1   Contractor agrees to bear all reasonable out-of-pocket expenses and costs (including reasonable attorney and other professional fees and expenses) incurred in connection with the transactions contemplated by Agreement.
 
8.    ASSIGNMENT

8.1   This Agreement may not be assigned by Contractor without the prior written consent of the Owner. Subject to the foregoing, all of the terms and provisions of this Agreement shall be binding upon and inure to the benefit of and be enforceable by the successors and assigns of the parties. Any attempted assignment of this Agreement by the Contractor in violation of this section shall be null and void.
 
9.   MISCELLANEOUS  

9.1   Waiver. Any term or provision of this Agreement may be waived at any time by the party entitled to the benefit thereof by a written instrument executed by such party.
 
9.2    Notices. Any notice, request, demand, waiver, consent, approval or other communication which is required or permitted hereunder shall be in writing and shall be deemed given only if delivered personally (to the attention of the person identified) to the address of such person maintained on the book and records of the party sending the notice, or sent by telecopy, telegram or by certified mail, postage prepaid, or to such other address as the addressee may have specified in a notice duly given to the sender as provided herein. Such notice, request, demand, waiver, consent, approval or other communication will be deemed to have been given as of the date so delivered or telegraphed or, if mailed, three business days after the date so mailed.
 
9.3    Governing Law. This Agreement shall be governed by, and interpreted and enforced in accordance with, the substantive laws of the State of _________.

9.4   No Benefit to Others. The representations, warranties, covenants and agreements contained in this Agreement are for the sole benefit of the parties hereto and their executors, legal representatives, successors and assigns, and they shall not be construed as conferring and are not intended to confer any rights on any other persons.

9.5   Contents of Agreement. This Agreement together with any documents referred to herein set forth the entire agreement of the parties hereto and supersede any prior agreement or understanding of the parties with respect to the transactions contemplated hereby. This Agreement may not be amended except by an instrument in writing signed by each of the parties hereto, and no claimed amendment, modification, termination or waiver shall be binding unless in writing and signed by the party against whom or which such claimed amendment, modification, termination or waiver is sought to be enforced.

9.6   Severability. Any provision of this Agreement which is invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof, and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

9.7   Counterparts. This Agreement may be executed in any number of counterparts, which when taken together, shall constitute but one and the same instrument. Any and all counterparts may be executed by facsimile.

10.   DISPUTE RESOLUTION AND ARBITRATION
10.1   The Parties agree to negotiate in good faith to resolve any dispute between them arising out of, under or in connection with this Agreement. In the event the negotiations do not resolve the dispute to the reasonable satisfaction of the Parties, then each Party shall nominate a person of respectable professional standing and unimpeachable conduct as its representative.  These representatives shall, within thirty (30) days of a written request by any Party to call such a meeting, meet in person and shall attempt in good faith to resolve the dispute.
10.2   Upon the Parties being unable to appoint the representatives as aforesaid, or if the disputes cannot be resolved by such representatives in such meeting as aforesaid, then in such an event, the disputes or differences shall be submitted to final and binding arbitration at the request of either Party upon written notice to that effect to the other Party. In the event of such arbitration:
a.   Such arbitration shall be in accordance with the rules of American Arbitration Association (or any amendment thereof) (which are deemed to be incorporated in this Agreement by reference). All proceedings of such arbitration shall be in the English language.  The venue of arbitration shall be ________________.
b.   The arbitration panel shall consist of three arbitrators, one arbitrator to be appointed by each of the Parties and the third arbitrator to be appointed by two arbitrators so appointed.
c.   Arbitration awards rendered shall be final and binding and.  The losing Party, as determined by arbitrators, shall pay all reasonable out-of-pocket expenses (including, without limitation, reasonable attorneys fees) incurred by the prevailing Party, as determined by the arbitrators, in connection with any dispute unless the arbitrators direct otherwise.
d.   Nothing shall preclude a Party from seeking interim or permanent equitable or injunctive relief, or both, from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not be a waiver of the duty of the Parties to pursue any remedy for actual monetary damages through the arbitration described in this Section.

IN WITNESS WHEREOF, each Party hereto has signed, or caused to be signed by its officer thereunto duly authorized, this Agreement as of the date first above written.
Owner
               
Name:               
Title:               

Contractor
               
Name:               
Title:               
SCHEDULE 1
PROPERTY DESCRIPTION

SCHEDULE 2
SCOPE OF WORK
Type of flooring (“Flooring):
Scope of Work covers the following:
A.   Purchase and installation of new carpet and flooring products intended solely for use as commercial grade floor coverings:
[  ] Safety Flooring: correct slip resistant or safety vinyl flooring product;
[  ] Vinyl Flooring: Heavy duty Vinyl Sheet, Heavy duty Vinyl Tiles, Heavy duty Vinyl Safety or slip resistant flooring, ESD Flooring, Acoustic Vinyl Flooring.
[  ] Rubber Flooring. 
[  ] ESD flooring (Electro Static Dissipative flooring).
[  ] Carpet tiles laid on tackifier adhesive: Hard wearing heavy duty contract fiber bonded carpet tile, high quality luxury cut carper tile, or loop pile carpet tile.
[  ] Natural wood flooring: of ___ thickness and ___ color, manufactured by _______
[  ]Linoleum flooring.
Scope of Work excludes the following:
[CHECK ALL THAT APPLY]
   [  ] Ceramic tile, porcelain tile, and laminate flooring are not covered.
[  ] Re-laying of existing carpet, or installation of carpet or other flooring purchased from other sources.
Dates of completion of each stage of Work:
1.   Commencement Date: ______________;
2.   50% work completion date: ______________; and
3.   Work completion date: ______________.
Expected approximate date of completion:
Number of Pages13
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#43445

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