This Home Improvement Construction Contract sets forth the terms of an agreement
between a contractor and home owner for the performance of certain home
improvement services. The document contains standard contract terms as well as
optional language and opportunities for complete customization to ensure the particular
specifications between the parties are met. Use this contract if an individual or entity
wants home improvement construction on a home, or if one is contracting their services
for home improvement construction.
HOME IMPROVEMENT CONSTRUCTION CONTRACT
This Agreement made on this _____ day of _____ , 20__ [Instruction: Insert date.]
(hereinafter the “Agreement”) between _____ [Instruction: Insert Client name and address.]
(hereinafter the "Client") and _____ [Instruction: Insert Contractor name and address.]
(hereinafter the "Contractor"), collectively referred to herein as the “Parties”.
ARTICLE I
ENGAGEMENT AND DESCRIPTION OF THE WORK
A. Client engages Contractor and Contractor agrees to provide all necessary services,
materials and labor necessary for the completion of _____ [Instruction: Insert project
description.] (the ‘Project”), including but not limited to, all building and construction
materials, requisite labor, training and site security, and all necessary tools and machinery
needed for project completion. All construction materials should be new and of good
quality, in compliance with all applicable laws and codes and shall be covered by a
manufacturer’s warranty, if applicable, unless previously specified by Client. Contractor
shall provide Client with any and all applicable warranty materials received by
Contractor. In the event any such warranty is transferrable and requires transfer to the
Client to remain in full force and effect, Contractor shall, to the best of its ability,
perform all such actions and complete any and all such forms necessary to transfer any
and all such warranties.
B. This Agreement shall be comprised of the following: the Construction Contract,
Conditions of the Contract, Addenda, Drawings, Photos or other visual representations of
the proposed work, and attached written Modifications to this contract, properly signed
and witnessed, each of which shall be attached and considered incorporated herein as
Exhibits, upon the agreement to and execution of same by both Parties hereto.
ARTICLE II
SCHEDULE AND TIME OF PERFORMANCE
A. Contractor will begin work on _____ [Instruction: Insert commencement date.] and the
work is estimated to be completed by _____ [Instruction: Insert anticipated
completion date.], subject to any change orders or other factors as set forth herein.
B. As this project is time sensitive, Contractor will be assessed a fee of _____ [Instruction:
Insert dollar amount of fee.] per day that work is not completed after the final deadline
of _____ [Instruction: Insert final deadline date.], unless Client consents to a specified
extension or unless such delay is due to any change order specified by Client or Client
default hereunder, or otherwise due to any delay or fault of Client. Additional damages
will be assessed and liquidated damages will be deducted from the total payment amount
due to Contractor under the payment schedule specified in this Agreement.
© Copyright 2012 Docstoc Inc. 2
C. In the event that Client and Contractor agree on changes to the Project after this
Agreement is executed, the Parties will agree to new time deadlines that are reasonable in
light of the modifications.
ARTICLE III
PAYMENT SCHEDULE
A. In consideration of the performance of this Agreement, Client agrees to pay the
Contractor on a payment schedule for the services as set forth in
© Copyright 2012 Docstoc Inc. 3
Schedule 1, which payment schedule shall set forth the amount Contractor will be paid
for performance of the design phase work or services performed during the construction
phase, as well as the final payment, among other project milestones.
B. Within three business days of notification by Contractor of each stage of completion as
agreed to and set forth in
© Copyright 2012 Docstoc Inc. 4
Schedule 1, Client or its designee will inspect and approve the work, or request any
necessary adjustments in the work. Client agrees to make payments to Contractor within
ten calendar days of approving work. Payment shall only be adjusted upon the mutual
consent of both Parties due to unforeseen events, upon any agreed upon change order or
if the parameters of the work are expended materially beyond the terms of this
Agreement.
ARTICLE IV
COMPLETION
The parties agree to the milestones and completion schedule for the Project services as set
forth in Schedule 2. Upon any written change order entered into and signed by both
parties, the attached Schedule 2 shall be deemed changed by reference as of the date of
such change order with respect to any milestone and/or completion date affected by such
change order.
ARTICLE V
CHANGES TO THE WORK
A. All changes or modifications to the work requested by Client must be made in writing,
with appropriate adjustments made to total payment and payment schedule. The approval
of both Parties shall be required for substantial project changes such as the date of
completion, project price, and substantive modifications to the Project itself. Notification
of all other changes requested by Client, including but not limited to changes in materials
must be made in a timely manner. Contractor shall bear no liability for failure to perform
such requested changes, or additional expenses incurred in removal of previously agreed
upon work performed hereunder and replacement thereof with