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2680.BLD
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1997-07-22
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299 lines
#2680
@001 Enter the name of the OWNER:
~Enter the full legal names of the OWNER or OWNERS, or,
~if the improvements are being made by the TENANT, the name
~of the tenant
@002 Enter the name of the CONTRACTOR:
~Enter the name of the contractor.
@100 Enter the description of the work to be performed:
~Describe the work which is to be done. Normally this should
~include a reference to detailed plans.
@101 Enter estimated completion schedule:
~Enter the number of work days allowed for the job and the
~expected date of completion
!102 Enter the contract price:
~Enter in numerals, without using the "$" symbol or commas
~the full price for the job. For example: 10000.00
#2681 Do you want to specify materials to be used?
~Select yes if you will be specifying either in whole or in
~part the materials to be used on the job. Note that
~descriptions such as "first quality" are meaningless and
~should not be used.
#if#2681
@300 List the areas requiring specific materials:
~Describe which materials to be used which you are
~going to specify. For example, roofing shingles. Do not put
~the specification here. These will be in the next prompt.
@301 Enter material specifications:
~Enter the manufacturers names and the model or part number.
~These specifications should be as detailed as possible. For
~example "Joe's Great Shingles shingle #34" is as useful
~description. "High quality" is not.
#endif
#2682 Will the contractor pay for permits?
~In some cases the contract price includes the permits. In
~other cases it does not.
#2683 Will contractor be required to name subcontractors?
~Some owners are concerned that if a bid is based on the
~bids from certain
#2684 Will contractor be required to provide proof of insurance?
~Ordinarily this should always be "yes." All reputable and
~dependable contractors carry full insurance.
#if#2684
!103 Enter insurance limits required (in numerals):
~Enter the insurance limits required in numerals, for example,
~1,000,000.
#endif
#2685/#2686/#2687 Stipulated contract price shall be paid on:
~Select the payment method desired. It is important to withhold
~as much as possible without causing the contractor to be unable
~to complete the job.
1/3 Rough in;1/3 inspection;1/6;1/6
Weekly draw on per centage of completion
Joint checks on materials; 1/3;1/3- 1/6,1/6 on labor
#2688 Is contractor required to remove trash?
~Normally contractors must move the construction debris. The
~option is provided here for either party to do so.
#2689 Is mechanic's lien clause desired?
~This clause specifically provides for a mechanic's lien to
~be granted on the premises. Since state law usually grants this
~anyway, it is however, provided for those who want to be sure
~that this is understood.
#2690 Is arbitration clause for disputes desired?
~The construction industry is one of the most prolific users of
~arbitration. Select this if you wish to use arbitration instead
~of suit.
#2691 Is definition for termination required?
~In "contracts" class in law school, students learn that the most
~difficult parts of contract litigation is determining when there
~is a breach. This clause provides a very specific definition of
~a breach.
#2692 Is attorney's fee clause desired?
~Select yes if the prevailing party is entitled to attorney's
~fees during arbitration or litigation.
#2693
#end control section
#2680
/* Para. 2680: Contract for remodeling, large */
CONTRACTING AGREEMENT
@001, referred to as OWNER, and @002, referred to as CONTRACTOR,
agree as follows:
CONTRACTOR shall perform the following services for OWNER:
@100
on the following estimated schedule:
@101
for the following price: $ @102 (!102 dollars)
Contractor shall be responsible for the following in addition to
the workman like performance of the work stated above:
#2681
/* Para 2681: Spec of materials */
The materials used for the following areas:
@300
shall meet the following respective specifications, or be
equivalent to the following manufacturer's product lines
described:
@301
#2682
/* Para 2682: Permits */
Provision of all permits required for the services to be performed
above.
#2683
/* Para.2683: Subs */
CONTRACTOR shall at least 7 days prior to commencement of work
provide the names and addresses of all sub-contractors intended
to be utilized in the construction. At the time of each payment
of any portion of the contract price, the CONTRACTOR shall
provide a lien waiver or certificate of payment for all work
performed by each sub-contractor.
#2684
/* Para 2684: Insurance*/
Provision of worker's compensation insurance, general liability
insurance in a minimum amount of $ @103 (!103 dollars).
#2685
/* Para. 2685: Draw sked */
The stipulated contract price shall be paid as follows:
1/3 on rough in; 1/3 on first inspection and 1/6 on final
inspection and 1/6 on final inspection and completion of all
appearance/punch list in items.
#2686
/* Para. 2686: Weekly draw based on per centage of completion*/
The stipulated contract price shall be paid as follows:
A weekly draw based upon per centage of completion, less a
retainage of 10% per cent, which shall be paid on final
inspection and completion of appearance/punch list items.
#2687
/* Para. 2687: Bills for materials */
The stipulated contract price shall be paid as follows:
When bona fide bills for materials are presented the same shall
be paid directly by the OWNER within the terms provided. Labor
shall be paid as follows:
1/3 on rough in; 1/3 on inspection; 1/6 on completion; 1/6 on
final inspection and completion of appearance/punch list items.
#2688
/* Para. 2688: Removal of trash */
The CONTRACTOR shall daily remove all trash and debris from the
premises.
#2689
/* Para. 2689: Ack lien */
The owner acknowledges an express mechanic's lien on the above
described real estate to secure the payment of the amounts
contracted herein.
#2690
/* Para. 2690: Arb */
Any disputes arising out of or related to this agreement shall be
arbitrated under the rules of the American Arbitration Association
before a single arbiter.
#2691
/* Para. 2691: Termination */
This agreement may be terminated by OWNER upon substantial
abandonment of the project, defined as at least 3 business days
without substantial activity, except delays caused by:
a) bona fide weather disturbances;
b) strikes;
c) shortages of material;
d) sub contractor delays not caused by the general contractor;
e) governmental delays except those caused by the fault of
contractor or subcontractor;
or,
persistent failure of workmanship to meet high quality standards
for which adequate assurance of correction is not provided.
#2692
/* #2692: Attorney's fee clause*/
In any disputes related to this agreement, the adjudication body
may assess reasonable counsel fees to the prevailing party.
#2693
/* Para. 2693--- closer */
This is the entire agreement between the parties and this
agreement may only be altered in writing.
Dated: _________________________
____________________________________________________
@001
____________________________________________________
@002