construction contract revised

8/13/2019 Construction Contract Revised

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Procurement and Contracts

SAMPLECONSTRUCTIONCONTRACT 7 Pages

(For guidance only - change to incorporate specifics of your project)

This agreement is made this by and between (hereinafter !wner)+

WITNESSETH

The owner does hereby employ the ontractor to do all the wor, and proide all the materials% tools%machinery and superision necessary for the construction of a % the total sum of associated with thisproject+

The ontractor shall commence the wor, to be performed within 333 days from the date of the"otice to Proceed% and shall complete the wor, 333 days thereafter% or by


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SAMPLECONSTRUCTIONCONTRACT (continued)

Lien Waiers

The ontractor shall protect% defend and indemnify the !wner from any claims for unpaid wor,% labor

or materials+

!eneral !"arantee

The ontractor shall remedy any defect due to faulty material or wor,manship and pay for anydamage to other wor, resulting therefrom which shall appear within the period of one year from finalpayment+ Further% the ontractor will furnish !wner with all manufacturer9s and supplier9s writtenguarantees and warranties coering materials and e;uipment furnished under this ontract+

Permits and Codes

The !wner shall obtain all necessary building permits% including those re;uired by the

% and $ct =? as applicable+ The ontractor will secure athis@her own e2pense any other necessary permits and licenses re;uired to do the wor, and willcomply with all building and code regulations and ordinances whether or not coered by thespecifications and drawings for the wor,+

Wor# Performance

A) The ontractor shall protect all wor, adjacent to the ontract site from any damage resulting fromthe wor, of the ontractor and shall repair or replace any damaged wor, at his@her own e2pense+

=) The ontractor shall replace and put in good condition any e2isting conditions damaged incarrying out the contract+

B) The ontractor shall ta,e all precautions to protect persons from injury and unnecessaryinterference or inconenience+

C) The ontractor shall conduct his actiities in a business li,e manner and adhere to thereasonable wishes of the !wner in relation to his wor,ing schedule+

Condition of Premises

The ontractor agrees to ,eep the premises clean and orderly and to remoe all debris as neededduring the hours of wor, in order to maintain wor, conditions which do not cause health or safetyha:ards+

Revised March 2013


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Use of Utilities

The !wner shall permit the ontractor to use% at no cost% power and water necessary to the carrying

out and completion of the wor,+

Use of On Site Loam

!wner $grees as part of this contract to allow the ontractor use of on-site loam to the degreeaailable as necessary for the completion of the project+

Ins$ection

The !wner shall hae the right to inspect all wor, performed under this contract+ $s well it shall be acondition of this contract that all wor, that needs to be inspected or tested and certified by theengineer as a condition of the &ept+ of 'nironmental onseration Permit% (or other tate agency)%

or inspected and certified by the local health officer% shall be done at each necessary stage beforefurther construction can continue+ $ll inspection and certification will be done at the !wner9se2pense+ Failure to follow this re;uirement will be grounds for termination of the contract+

Right to Sto$ Wor#

.f the ontractor fails to correct defectie wor, or persistently fails to supply materials or e;uipmentin accordance with the ontract &ocuments% the !wner may order the ontractor to stop the wor,%or any portion thereof% until the cause for such order has been eliminated+

Pa%ment Sched"le

Payments for wor, shall be as followsD

Payments shall be disbursed based on the attached schedule of alues+ *ithin three days ofnotification by the ontractor of each stage of completion% the !wner or its designee will inspect andapproe the wor,% or re;uest any necessary adjustments in the wor,+ The !wner agrees to ma,epayments to the ontractor within ten days of approing wor,+

Contract Sec"rit%

ontractor shall furnish bonds coering the faithful performance of the ontract and the payment ofall obligations related thereto and as re;uired in the instructions to bidders or elsewhere in thisontract+

Revised March 2013


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Contract Sec"rit% &In lie" of conentional $erformance and $a%ment 'onds(

ontractor shall grant to !wner a mortgage on certain property in for eachconsecutie calendar day thereafter+ These damages shall not apply% should unforeseeable causesbeyond the control and without the fault or negligence of the ontractor cause delays in thecompletion of this project+

Ta+es

The !wner hereby agrees to supply the ontractor with its ta2-e2empt number for relief from thesales ta2 on purchase of materials% if applicable+

Ar'itration

A) $ll claims% disputes% and other matters in ;uestion arising out of% or relating to% the ontract&ocuments or the breach thereof% e2cept for claims which hae been waied by the ma,ing andacceptance of final payment% shall be decided by $rbitration in accordance with the construction.ndustry $rbitration #ules of the $merican $rbitration $ssociation (or other arbitration rules)+ This

agreement to arbitrate shall be specifically enforceable under the preailing arbitration law+ Theaward rendered by the arbitrators shall be final% and judgement may be entered upon it in anycourt haing jurisdiction thereof+ $ny award shall proide for payment within B? days of the dateof the award+


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=) "otice of the demand for arbitration shall be filed in writing with the other party to the !"T#$T

&!10'"T and with the ) &emand for arbitration shall in no

eent be made on any claim% dispute or other matter in ;uestion which would be barred by theapplicable statue of limitations+

B) The ontractor will carry on the wor, and maintain the progress schedule during any arbitrationproceedings% unless otherwise mutually agreed in writing+

!oerning La,

#eference is made to the attached rant $greement between the Town of


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Conflict of Interest

"o person who is an employee% agent% consultant% officer% or elected or appointed official of the

construction contract revised

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