This is an agreement between the owner of a property and the contractor who is hired to
work on the property. This document sets forth the details of the agreement including
access to the work site, services to be provided, payment and date of completion. The
form contains both standard clauses and opportunities for the use of optional terms and
conditions making it fully customizable to fit the needs of the contracting parties. This
document is useful for both property owners and contractors who are hired to perform
work.
AGREEMENT BETWEEN OWNER AND CONTRACTOR
This Agreement is made on this _______________ day of ____________________ of
______________ [Instruction: enter date] (the “Effective Date”) by and between
______________ [Instruction: insert the owner’s name] (“Owner”) and ______________
[Instruction: insert the contractor’s name] (“Contractor”) (the “Agreement”).
ARTICLE 1
AGREEMENT DOCUMENTS
The Documents comprising this Agreement are as follows: 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.
Entire Agreement: This Agreement represents the whole and complete agreement between the
Owner and Contractor, and supersedes all prior oral and written agreements. This Agreement is
modifiable only by the properly documented written consent of both parties.
ARTICLE 2
OWNER’S REPRESENTATIVE
Owner’s Representative shall be: _________________________________ [Instruction: insert
construction manager’s name]. Owner’s Representative shall be permitted to represent the
interests of Owner to Contractor, and shall make regular site visits to assess work progress.
Owner’s Representative shall be permitted to assess the work of Contractor and provide
recommendations to Owner about the status of progress payments. Additionally, Owner’s
Representative shall possess the authority to accept or reject work by Contractor and direct
Contractor to make modifications to defective or non-conforming work.
If Contractor fails to comply with the directions of Owner’s Representative, Owner’s
Representative may direct Contractor to stop all work until a remedy is reached.
ARTICLE 3
ACCESS
Free access to the work and project site shall be granted by Contractor to Owner, Owner’s
Representative, designated agents of Owner and Owner’s Representative, and all necessary
public authorities.
ARTICLE 4
SERVICES AND LABOR
Contractor agrees to provide all necessary services, materials, and labor necessary for the
completion of: ____________________________________________ [Instruction: insert
project description]. This includes building and construction materials, requisite labor and site
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security, and all necessary tools and machinery needed for project completion. All construction
materials should be new and of the highest quality, unless previously specified by Owner.
ARTICLE 5
PAYMENT
Owner agrees to pay Contractor the amount of ____________________ dollars ($__)
[Instruction: insert dollar amount] for the labor and materials necessary for work completion.
Payment to Contractor will be made pursuant to the following payment schedule:
Date Payment
________________ __________
________________ __________
[Instruction: insert details for the payment schedule]
ARTICLE 6
SCHEDULE AND TIME OF PERFORMANCE
Contractor will begin work on _____________________ [Instruction: commencement date]
and complete work by ______________ [Instruction: insert completion date].
As time is of the essence, Contractor will be assessed a fee of ___________________ dollars
($__) [Instruction: insert penalty fee] per day for each day that work is not completed after the
final deadline of [date], unless Owner consents to a specified extension. Additional damages
will be assessed and liquidated damages will be deducted from the total amount due to
Contractor under the payment schedule specified in this Agreement.
ARTICLE 7
COMPLETION
Contractor sets the following schedule for work completion, with various project stages to be
completed on specified dates. [Instruction: Insert project stages and dates]
____________________________________________________________
____________________________________________________________
____________________________________________________________
The entire project and all work by Contractor for Owner shall be completed on or before the fi