This Home Repair Construction Contract sets forth the terms of an agreement between
a contractor, and home owner for the performance of certain home repair 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 form when entering a home repair construction contract
with an independent contractor or if one is an independent contractor offering home
repair construction services.
HOME REPAIR CONSTRUCTION CONTRACT
This Agreement made on this _____ 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”.
ENGAGEMENT AND DESCRIPTION OF THE WORK
Client engages Contractor and Contractor agrees to provide all necessary services,
materials and labor necessary for the completion of _____ [Instruction: Insert project
description.] at _____ [Instruction: Insert property address.] (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. [Optional
language: Parties may revise the above to indicate that Client is providing all
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. 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.
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A. In consideration of the performance of this Agreement, Client agrees to pay the
Contractor for labor, and materials, if applicable on a payment schedule in installments,
as follows: _____ [Instruction: Insert payment schedule, including initial payment,
any interim payments, and final payments.]. Such payments shall be made by _____
[Instruction: Insert whether payment by cash, check, credit card, or other means.].
[Comment: Parties may revise the above-referenced language to reflect an alternate
payment schedule, including one based upon performance, if desired.]
The parties agree to the milestones and completion schedule for the Project services as set
forth in this Agreement. Upon any written change order entered into and signed by both
parties, the milestones and completion schedule shall be deemed changed as set forth in
any such change order. All other milestones and completion dates shall remain
unchanged except as otherwise agreed to between the Parties.
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 requested revised
materials due to Client’s failure to timely notify Contractor of such requested changes.
Further, in such instance, Client agrees such changes, including but not limited to
changes to payment therefor, and completion of applicable milestones, including
completion date shall be deemed incorporated herein.
B. If these changes should require additional expense to Contractor, Contractor must make a
claim for increase in payment, in writing, to Client, in a timely manner. Client must
approve this claim for increase in writing prior to any changes to the work, project, or
schedule except as otherwise set forth herein.
A. If the Contractor is delayed at any time in the commencement or progress of its Work by
an act or neglect of Owner or any architect, or any subcontractor hired specially by
Owner, or of an employee of either, or by changes ordered in the Services, or by labor
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disputes, fire, unusual delays in deliveries, unavoidable casualties or other causes beyond
the Contractor’s control (including but not limited to acts of God, total or substantial
destruction of the premises through no fault of Contractor, acts of war, actual or
threatened acts of terrorism, insurrection or hostilities, acts of a public enemy, epidemics
or quarantines or other causes similar to those enumerated) or by delay authorized by
Owner’s pending mediation or arbitration or by other causes which the Contractor
determines may justify delay, then the completion date shall be extended by change order
for such reasonable time as Contractor may determine.
B. In the event of unavoidable casualties, the Contractor shall properly document both the
event and the impact of that event on project completion to the best of his ability.
Documentation shall be presented to Client in a timely manner, based on the
circumstances surrounding such unavoidable casualty.
RIGHT TO STOP WORK
If Contractor fails to correct defective work or persistently fails to supply materials or
equipment in accordance with the Agreement, Client may order Contractor to stop the
work, or any portion thereof, until the cause for such order has been eliminated. Client
shall remain liable for payment for services rendered and Project work performed until
such time as such order to stop work.
ACCESS AND CONDITION OF PREMISES
A. Free access to the work and project site shall be granted by Contractor to Client and all
necessary public authorities, subject to Contractor’s instructions and requirements
regarding conditions upon such visits.
B. Contractor agrees to kee