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_SETUP.1
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ROAD.BLD
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Text File
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1997-07-22
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7KB
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222 lines
#100
@001 Enter the name of the CONTRACTOR:
~Enter the full legal name of the CONTRACTOR.
@002 Enter the name of the OWNER:
~Enter the full legal name of the OWNER.
@003 Enter the number of feet length of the road:
~Enter the approximate length of the road in feet.
@004 Enter the approximate width of the road:
~Enter the approximate width of the road in feet.
|005 Enter the date when the construction shall begin:
~Enter the latest date by which construction must begin.
|006 Enter the date when construction should end:
~Enter the date when construction should be complete. The
~contract provides for rain days, etc.
#101 Will there be liquidated damages for delay?
~Select yes if the contractor will be required to pay a sum per
~day (liquidated damages) if the contract is not completed on
~time.
#if#101
!007 Enter the amount of liquidated damages per day:
~Enter, in dollar format, the amount of liquidated damages per
~day of delay.
#endif
#102 Will contractor have to maintain insurance?
~Select yes if the contractor will be required to maintain
~insurance on the job. Normally "yes."
#103/#104/#105 Payment will be made:
~Select the method of payment. We provide as choices, bi-weekly
~keyed to expenses or, alternatively, in stages of completion.
~The user may also define their own payment terms by selecting
~"any other basis."
bi-weekly by expenses
as stages of work are completed
any other basis
#if#103
!010 Enter the total contract price for the job:
~Enter the total which will be paid for the work in dollar
~format.
#endif
#if#104
!011 Enter the total contract price for the job:
~Enter the total which will be paid for the work in dollar
~format.
#endif
#if#105
!100 Enter the total contract price for the job:
~Enter the total which will be paid for the work in dollar
~format.
@101 Enter the payment terms in full.
~Enter a full description of payments, retainages, etc.
#endif
#106 Will contractor provide a guarantee?
~Select yes if the contractor will provide a guarantee of work.
~Normally "yes."
#if#106
@012 Enter the length of guarantee in months as a numeral:
~State as a numeral the length of guarantee provided.
#endif
#107 Will disputes be arbitrated?
~Select yes if you wish to use arbitration rather than
~lawsuit to settle disputes.
#108
#end control section
#100
CONTRACT FOR CONSTRUCTION OF PRIVATE ROAD
@001, referred to as CONTRACTOR, and @002, referred to as OWNER,
agree:
CONTRACTOR shall build, using first class materials and
workmanship, a private road for OWNER, of an approximate length
of @003 feet in length, approximately @004 in width. Such work
shall be in conformity with the detailed plans and specifications
stated in the attached exhibit "1."
Such work shall begin no later than |005, and shall be complete
by |006. In the event of inclement weather which reasonably would
prevent work, the time for completion shall be extended the
number of days lost to inclement weather. CONTRACTOR shall be
entitled to an extension of time equal to the amount lost for
labor unrest or material shortages.
#101
Time is of the essence in this contract. The parties agree that a
failure to complete the contract as agreed, that the OWNER shall
suffer losses, which are difficult of calculation. The parties
agree that as a provision solely for liquidated damages, and not
as a penalty, that the OWNER shall be entitled to a reduction in
the contract price, or refund of payments made, of $@007 (!007
dollars) per day.
#102
The CONTRACTOR shall maintain public liability insurance with
minimum limits of at least $1,000,000.00 and worker's
compensation insurance to cover its servants and employees. Upon
the request of the OWNER, CONTRACTOR shall provide proof of such
coverage.
#103
The contract price shall be $@010 (!010 dollars).
Progress payments shall be made bi-weekly on Fridays. CONTRACTOR
shall be paid for all materials used in the work and all wages
expended for the period with a retainage of 10%. Upon request,
the CONTRACTOR shall provide an affidavit of payment of
sub-contractors, materialmen and workers to OWNER prior to
payment.
Upon completion of the work, the CONTRACTOR shall be paid the
remainder of the contract price. Prior to final payment, the
CONTRACTOR shall provide an affidavit indicating that the
CONTRACTOR has paid all workers, sub-contractors, materialmen and
others who may have the right to file construction or other
liens.
No changes or extras shall be honored unless the a change order
is executed by the parties.
#104
The total contract price shall be $@011 (!011 dollars).
Progress payments shall be made as follows:
1/3 of the contract price upon completion of grading, excavating
and other site preparation.
1/3 of the contract price upon completion of the base.
1/6 upon substantial completion.
Prior to any progress payment, the CONTRACTOR, upon request,
shall provide an affidavit of payment of all material suppliers,
sub-contractors and materialmen.
The remaining contract price shall be paid upon completion and
provision of an affidavit from the CONTRACTOR of payment in full
of any and all entities entitled to file a construction or other
lien as a result of products or services provided by such
claimants.
No changes or extras shall be honored unless a change order is
executed by the parties.
#105
The total contract price shall be $@100 (!100 dollars) to be paid
as follows: @101
No changes or extras shall be honored unless a change order is
executed by the parties.
#106
The work shall be guaranteed for a period of @012 months after
completion by CONTRACTOR.
#107
Any disputes herein shall be submitted to a neutral professional
engineer experienced in road building for binding arbitration.
The costs of such arbitration shall be borne by the losing party.
Any award may be entered as a judgment in any court with
jurisdiction.
#108
The rights and duties under this agreement are personal and may
not be assigned without the prior consent of the other party to
this agreement.
This is the entire agreement between the parties, and this
agreement may only be altered in writing executed by the parties
hereto.
Dated: _____________________
_____________________________________
@001
_____________________________________
@002