General Contractor Agreements

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Kit is designed to assist you in the preparation of a general contractor agreement for the performance of home repair/improvement.

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When a general contractor engages to perform and/or oversee work on an individual's home, it is important that the terms of that work are spelled out clearly in an agreement between the parties. This allows the parties to manage their expectations, and ensure that each understands exactly what is expected of them by the other. Thus, a good general contractor agreement will spell out clearly the kind of work to be performed, the quality of work expected by the customer and promised by the contractor (including the types of materials to be used), and the terms and conditions under which that work will be performed.

This attorney-prepared packet contains:
  1. General Contractor Agreement Information
  2. General Contractor Agreement form
State Law Compliance: Designed for use in all states Among others, this form includes the following provisions:
  • Scope of Work
  • Schedule
  • Price
  • Subcontractors
  • Arbitration
  • General Provisions
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.
 
 
General Contractor Agreement

 

 

CONTRACTOR
Name:     
Address:         
Phone:     
Business License #:     
FEIN#:     
Salesperson Contact:     
Salesperson ID#:     
CUSTOMER
Name:     
Home Address:         
Home Phone:     
Business Phone:     
 
PROJECT ADDRESS
Address:     
 
 
 
THIS AGREEMENT (the “Agreement”), made as of this          day of               ., 20     , is by and between the Contractor and Customer as set forth above (collectively, the “Parties”).
 
In consideration of the mutual promises and covenants contained herein, the Parties agree as follows:
 
1.  Scope of Work.  Contractor shall perform the home repair and/or improvement work specified in Appendix A (the “Work”).  The Work shall be performed on the premises located at the Project Address noted above (the “Project Address”), and according to the terms set forth on Appendix A, including the types and quality of materials to be used.
 
2.  Schedule.  The Work shall be commenced no later than           , 20   , and shall be completed no later than                   , 20   .  The following portions of the Work or milestones shall be met according to the following schedule:
 
Description of Work to be Completed
Completion Date
 
 
 
 
 
 
 
 
 (mark one if applicable)
?  Time is of the essence for all schedule deadlines.
?  Time is of the essence for final completion of the Work.
 
3.  Price.  Customer shall pay to Contractor for the performance of its obligations under this Agreement the total amount of $         , according to the following schedule of payments:      (i.e., total amount due upon completion; progress payments due upon the completion of certain segments of work, etc.)                                                                                             .
 
4.  Subcontractors.  Contractor may approve and hire subcontractors (the “Subcontractors) to perform certain elements of the Work.  Any Subcontractors so hired by Contractor shall be compensated by Contractor.   Contractor also shall be responsible for the quality of the work performed by each Subcontractor, and for the quality of the final product of the Work.
 
5.  Notice of Right to Cancel.  Customer has        days after the execution of this Agreement during which time he/she has the right to rescind his/her signature and cancel this Agreement.  
 
6.  Release.  To the extent permitted by applicable law, Contractor agrees to look solely to its insurers, and does hereby release and waive any and all rights it has now, or may in the future have, to recover against Customer, its trustees, beneficiaries, general and limited partners, officers, agents, servants, affiliates, or employees (collectively the "Releasees"), or the property of any of said Releasees, for loss or damage to property, or personal injury or death (including, but not limited to, claims for damage to property of Contractor and injury to, or death of, employees of Contractor and claims for contribution or indemnity or for reimbursement of workers' compensation benefits), in any way relating to or resulting from the Work.  Contractor hereby waives all rights of subrogation of its insurers with respect to claims against Releasees.
 
7.  Indemnification.  Contractor hereby indemnifies and holds harmless Customer against any damages, claims, suits, or other expenses for which Customer may be held liable by reason of injury (including death) to any person (including employees of Contractor or any Subcontractor) or damage to any property arising out of the performance of the Work by Contractor, by any Subcontractor, or by any employee, service provider, independent contractor, subsidiary, assign, or other affiliate of Contractor or of any Subcontractor.
 
8.  Arbitration.  Any dispute, claim or controversy arising out of this Agreement or the interpretation, construction, breach or termination of this Agreement, shall be settled by an arbitrator in              (City)      ,    (State)      , according to the rules of the American Arbitration Association.  The ruling of the arbitrator shall be final and binding upon the Parties.  Judgment may be entered on any award made by the arbitrator in any court of competent jurisdiction.  The costs of any arbitration pursuant to this Section 8 shall be borne by the Parties equally, except that each Party will be responsible for its own attorneys fees and expenses.  The arbitrator is empowered, but not required, to apportion the costs of the arbitration (including attorneys fees and expenses) to the Parties as it sees fit.
 
9.  General Provisions.
a.   Any changes to the terms of this Agreement, including additional services or work to be performed, or additional funds to be paid, must be evidenced in writing, signed by both Parties.
b.   All of the Work shall be performed by Contractor (or by approved subcontractors) in a professional and workmanlike manner, in compliance with all applicable local, state and federal laws, rules and regulations.
c.   Contractor shall acquire and maintain all permits and licenses necessary for the lawful performance of the Work.  Contractor shall be responsible for ensuring that each Subcontractor also acquires and maintains all permits and licenses necessary for the performance of that Subcontractors work under this Agreement.
d.   Contractor shall perform the Work as an independent contractor, and nothing in this Agreement shall be construed to suggest an employer/employee relationship between the Parties.
e.   Upon completion of the Work, Contractor shall leave the premises at the Project Address broom clean and free of trash and debris.
f.   Contractor shall not be responsible for any delay in performance or completion of the Work cause by circumstances outside of the control of Contractor or of any Subcontractor, including acts of god, strikes, or unavailability of materials.
g.   In the event that payment to Contractor is delayed beyond a scheduled payment date as set forth above, Contractor may cease work under this Agreement without penalty or breach, pending payment of the delinquent amount by Customer.
h.   Contractor shall furnish Customer will all appropriate releases or waivers of liens as payment is received for work performed, including such releases and waivers from Subcontractors as may be necessary.
i.   This Agreement shall be governed by the laws of the state of             , without regard to conflicts of laws principles.
j.   This Agreement constitutes the entire agreement between the Parties, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.
k.   If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
 
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.
 
CONTRACTOR
 
                  
Signature
 
                  
Print Name
 
                  
Title
 
                  
Date
CUSTOMER
 
                  
Signature
 
                  
Print Name
 
                  
Date
 
 
Appendix A
 
WORK ORDERED
 
Item No.
Description of Work
 
 
 
(Describe all work to be performed under this Agreement.  Include specification of the types of materials to be used, including brand, make, quality, etc., as necessary.  Attach any drawings, schematics, or other materials that may be necessary.)
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Number of Pages6
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#28160
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.
 
 
General Contractor Agreement

 

 

CONTRACTOR
Name:     
Address:         
Phone:     
Business License #:     
FEIN#:     
Salesperson Contact:     
Salesperson ID#:     
CUSTOMER
Name:     
Home Address:         
Home Phone:     
Business Phone:     
 
PROJECT ADDRESS
Address:     
 
 
 
THIS AGREEMENT (the “Agreement”), made as of this          day of               ., 20     , is by and between the Contractor and Customer as set forth above (collectively, the “Parties”).
 
In consideration of the mutual promises and covenants contained herein, the Parties agree as follows:
 
1.  Scope of Work.  Contractor shall perform the home repair and/or improvement work specified in Appendix A (the “Work”).  The Work shall be performed on the premises located at the Project Address noted above (the “Project Address”), and according to the terms set forth on Appendix A, including the types and quality of materials to be used.
 
2.  Schedule.  The Work shall be commenced no later than           , 20   , and shall be completed no later than                   , 20   .  The following portions of the Work or milestones shall be met according to the following schedule:
 
Description of Work to be Completed
Completion Date
 
 
 
 
 
 
 
 
 (mark one if applicable)
?  Time is of the essence for all schedule deadlines.
?  Time is of the essence for final completion of the Work.
 
3.  Price.  Customer shall pay to Contractor for the performance of its obligations under this Agreement the total amount of $         , according to the following schedule of payments:      (i.e., total amount due upon completion; progress payments due upon the completion of certain segments of work, etc.)                                                                                             .
 
4.  Subcontractors.  Contractor may approve and hire subcontractors (the “Subcontractors) to perform certain elements of the Work.  Any Subcontractors so hired by Contractor shall be compensated by Contractor.   Contractor also shall be responsible for the quality of the work performed by each Subcontractor, and for the quality of the final product of the Work.
 
5.  Notice of Right to Cancel.  Customer has        days after the execution of this Agreement during which time he/she has the right to rescind his/her signature and cancel this Agreement.  
 
6.  Release.  To the extent permitted by applicable law, Contractor agrees to look solely to its insurers, and does hereby release and waive any and all rights it has now, or may in the future have, to recover against Customer, its trustees, beneficiaries, general and limited partners, officers, agents, servants, affiliates, or employees (collectively the "Releasees"), or the property of any of said Releasees, for loss or damage to property, or personal injury or death (including, but not limited to, claims for damage to property of Contractor and injury to, or death of, employees of Contractor and claims for contribution or indemnity or for reimbursement of workers' compensation benefits), in any way relating to or resulting from the Work.  Contractor hereby waives all rights of subrogation of its insurers with respect to claims against Releasees.
 
7.  Indemnification.  Contractor hereby indemnifies and holds harmless Customer against any damages, claims, suits, or other expenses for which Customer may be held liable by reason of injury (including death) to any person (including employees of Contractor or any Subcontractor) or damage to any property arising out of the performance of the Work by Contractor, by any Subcontractor, or by any employee, service provider, independent contractor, subsidiary, assign, or other affiliate of Contractor or of any Subcontractor.
 
8.  Arbitration.  Any dispute, claim or controversy arising out of this Agreement or the interpretation, construction, breach or termination of this Agreement, shall be settled by an arbitrator in              (City)      ,    (State)      , according to the rules of the American Arbitration Association.  The ruling of the arbitrator shall be final and binding upon the Parties.  Judgment may be entered on any award made by the arbitrator in any court of competent jurisdiction.  The costs of any arbitration pursuant to this Section 8 shall be borne by the Parties equally, except that each Party will be responsible for its own attorneys fees and expenses.  The arbitrator is empowered, but not required, to apportion the costs of the arbitration (including attorneys fees and expenses) to the Parties as it sees fit.
 
9.  General Provisions.
a.   Any changes to the terms of this Agreement, including additional services or work to be performed, or additional funds to be paid, must be evidenced in writing, signed by both Parties.
b.   All of the Work shall be performed by Contractor (or by approved subcontractors) in a professional and workmanlike manner, in compliance with all applicable local, state and federal laws, rules and regulations.
c.   Contractor shall acquire and maintain all permits and licenses necessary for the lawful performance of the Work.  Contractor shall be responsible for ensuring that each Subcontractor also acquires and maintains all permits and licenses necessary for the performance of that Subcontractors work under this Agreement.
d.   Contractor shall perform the Work as an independent contractor, and nothing in this Agreement shall be construed to suggest an employer/employee relationship between the Parties.
e.   Upon completion of the Work, Contractor shall leave the premises at the Project Address broom clean and free of trash and debris.
f.   Contractor shall not be responsible for any delay in performance or completion of the Work cause by circumstances outside of the control of Contractor or of any Subcontractor, including acts of god, strikes, or unavailability of materials.
g.   In the event that payment to Contractor is delayed beyond a scheduled payment date as set forth above, Contractor may cease work under this Agreement without penalty or breach, pending payment of the delinquent amount by Customer.
h.   Contractor shall furnish Customer will all appropriate releases or waivers of liens as payment is received for work performed, including such releases and waivers from Subcontractors as may be necessary.
i.   This Agreement shall be governed by the laws of the state of             , without regard to conflicts of laws principles.
j.   This Agreement constitutes the entire agreement between the Parties, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.
k.   If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
 
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.
 
CONTRACTOR
 
                  
Signature
 
                  
Print Name
 
                  
Title
 
                  
Date
CUSTOMER
 
                  
Signature
 
                  
Print Name
 
                  
Date
 
 
Appendix A
 
WORK ORDERED
 
Item No.
Description of Work
 
 
 
(Describe all work to be performed under this Agreement.  Include specification of the types of materials to be used, including brand, make, quality, etc., as necessary.  Attach any drawings, schematics, or other materials that may be necessary.)
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

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