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_SETUP.1
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COSTP1.BLD
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1997-07-22
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#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 subcontractors, that the general contractor
~not go out and get new sub-contractors at lower prices (implying
~lower quality.)
#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 dollar format, for
~example, 1000000.
#endif
#2687
@300 Enter the "plus" factor as numeral.
~Enter the factor by which cost will be multiplied to determine
~the amount to pay the contractor.
#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- COST PLUS PRICE
@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
on a "cost plus" basis as is defined herein.
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).
#2687
/* Para. 2687: Cost plus */
CONTRACTOR shall be compensated for services herein on a cost
plus basis. Cost shall be defined as follows:
(a) the materials, equipment and wages reasonably and necessarily
incurred in the construction herein;
(b) permits;
(c) actual cost of on site utilities, insurance;
(d) actual costs of sub-contract items.
For purposes of this agreement, "cost" of materials shall be
defined as the purchase price for the same, assuming that any
discounts for prompt payment were taken.
CONTRACTOR shall endeavor to purchase materials for construction
at the most favorable prices generally available to those in the
trade.
For the purposes of this agreement, "wages" shall include the
sums paid to the workers, plus an allowance of 25% for worker's
compensation, social security and other benefits. Wages shall not
include the salary or draw of the principals of the CONTRACTOR,
or general clerical and administrative workers.
Unless specifically required by the OWNER, CONTRACTOR shall not
utilize workers at overtime or other premium rates without the
prior approval of the OWNER. In the event that CONTRACTOR is
required to do so in order to complete the project in a timely
fashion, the CONTRACTOR shall only be entitled for reimbursement
for the standard wage.
In the event of the return, credit or overage of any materials,
the CONTRACTOR shall deduct the same from the next (or if there
is no other from the retainage) payment period.
In addition to the costs described above, the CONTRACTOR shall
receive profit and administrative fees, to be calculated as @300%
of the direct costs stated above.
CONTRACTOR shall submit on a monthly basis, on the last day of
each month, an itemized statement of costs. OWNER shall pay 90%
of the expenses plus the cost factor no later than the 10th day
of the following month.
CONTRACTOR shall provide to OWNER, upon OWNER's request, an
affidavit of "no liens" and payment for all workers, materialmen
and sub-contractors prior to each payment.
CONTRACTOR shall be paid the retainage on the 10th day of the
month after the completion of the work, including punch list
items, and final inspection and the issuance of a certificate of
occupancy for the structure. Prior to such payment, CONTRACTOR
shall provide an affidavit of payment of all lienors or those who
are entitled to file construction liens of any kind.
/* 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