This is an agreement between a contractor and a home owner for the construction of a
garage or other free standing structure on the owner’s property. This agreement
contains both standard clauses as well as opportunities for customization to ensure that
the understandings of the parties are properly set forth. Customizable clauses include
the work to be performed, the schedule and time of performance, payment schedule,
warranties, and much more. This document is ideal for small businesses that provide
garage or free standing structure construction and home owners that want such
services to be performed on their property.
GARAGE/FREE STANDING STRUCTURE 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”.
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 the construction of _____
[Instruction: Insert project description.] upon _____, [Instruction: Insert property
address.] which is the lawful property (the “Property”) of Client (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,
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. Optional language: 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
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from the total payment amount due to Contractor under the payment schedule specified in
this Agreement.
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.
D. Any and all portions of the Project which require inspection and/or testing and/or
certification by any applicable governmental or quasi-governmental agency or authority
shall be so inspected as and when necessary prior to continuance of further work on the
Project. Contractor shall make reasonable efforts to schedule any and all such inspection
and/or testing and/or certification and notify Client of each such inspection and/or testing
and/or certification. Any and all such inspections and/or testing and/or certifications
shall be performed at the sole expense of the Client. Failure to follow this requirement
will be grounds for termination of the contract.
E. Any materials to be supplied by the Owner shall be delivered to the job site not less than
forty-eight (48) hours before the date upon which they will be required by the Contractor
in order to continue the work described. Failure of the Owner to supply such materials in
a timely manner, and any delay in work on the Project as a result thereof shall also not be