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General Contractor Agreement Cost Plus Fee

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This general contractor agreement is between Name Individual / Business , an individual (the "Contractor") and Name Individual / Business , an individual (the "Owner").

The Owner is the registered owner of the property located at Street address , City , State , ZIP Code (the "Property"). Yes / No

The Owner wishes to engage the Contractor as a general contractor to perform certain Work (as defined below) on the Property for the Owner in accordance with the drawings and specifications in Exhibit A. Yes / No

The Contractor is registered with the state as a contractor, and has a registration number of License expiring on Date .

The Contractor wants to perform the Work on the Property in accordance with the drawings and specifications in Exhibit A.

The parties therefore agree as follows:

1. ENGAGEMENT; SERVICES.

2. TIME OF COMPLETION.

3. CONTRACT PRICE.

4. PROGRESS PAYMENTS.

5. LICENSES, PERMITS, AND INSURANCE.

6. WAIVER OF LIABILITY.

If the Contractor is injured while performing the Work, the Owner will be exempt from liability for those injuries to the fullest extent allowed by law.

7. SURETY BOND.

Before starting the Work, the Contractor shall obtain a surety bond in the amount of $ Amount , which will cover its obligations under this agreement.

8. INDEMNIFICATION.

9. WARRANTY.

10. TERM AND TERMINATION.

11. NOTE ABOUT EXTRA WORK AND CHANGE ORDERS.

All changes in the Work ordered by the Owner must be in writing as a change order, a form of which is attached as Exhibit C. The Contract Price and time of completion, if applicable, will be increased or decreased accordingly by the parties' agreement. Any claims that the Contract Price or time of completion should be increased based on changes in the Work must be presented to the Owner by the Contractor in writing. The Owner's written approval of the Contract Price or time of completion increase must be obtained by the Contractor before any change in the Work is started. The valuation of the Contract Price change will be assessed on the basis of the valuation of similar work included in this agreement.

12. OWNERSHIP OF DRAWINGS AND OTHER ITEMS.

All drawings, reports, designs, sketches, working drawings, shop drawings, documents, certificates, plans, specifications, estimates, memoranda, analyses, calculations, models and other tangible evidence of the Contractor's work product prepared in connection with the Work shall become and remain the sole property of the Owner. The Contractor may retain copies of its work product for its records, but may not use this work product (except in performing the Work) without the written consent of the Owner. Any devices (other than equipment or devices that constitute part of the Work) or methods now being used in the marketplace, and incorporated into the project, are not considered to be property of the Owner. Innovative construction methods or mechanical devices developed by the Contractor or its subcontractors and used in connection with the Work are not considered the property of the Owner unless those methods or devices were developed by the Owner or the Owner's separate contractors.

13. MATERIALS.

14. GOVERNING LAW.

15. AMENDMENTS.

No amendment to this agreement will be effective unless it is in writing and signed by both parties.

16. ASSIGNMENT AND DELEGATION.

17. COUNTERPARTS; ELECTRONIC SIGNATURES.

18. SEVERABILITY.

If any one or more of the provisions contained in this agreement is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity,illegality, or unenforceability will not affect any other provisions of this agreement, but this agreement will be construed as if those invalid, illegal, or unenforceable provisions had never been contained in it, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated by this agreement to be unreasonable.

19. NOTICES.

Name/title Owner Name
Street address
City , State , ZIP Code
Email
Name/title Contractor Name
Street address
City , State , ZIP Code
Email

20. WAIVER.

No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this agreement will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, and no waiver will constitute a continuing waiver, unless the writing so specifies.

21. ENTIRE AGREEMENT.

This agreement constitutes the final agreement of the parties. It is the complete and exclusive expression of the parties' agreement about the subject matter of this agreement. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of this agreement are expressly merged into and superseded by this agreement. The provisions of this agreement may not be explained, supplemented, or qualified by evidence of trade usage or a prior course of dealings. Neither party was induced to enter this agreement by, and neither party is relying on, any statement, representation, warranty, or agreement of the other party except those set forth expressly in this agreement. Except as set forth expressly in this agreement, there are no conditions precedent to this agreement's effectiveness.

22. HEADINGS.

The descriptive headings of the sections and subsections of this agreement are for convenience only, and do not affect this agreement's construction or interpretation.

23. EFFECTIVENESS.

This agreement will become effective when all parties have signed it. The date this agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature) will be deemed the date of this agreement.

24. NECESSARY ACTS; FURTHER ASSURANCES.

Each party shall use all reasonable efforts to take, or cause to be taken, all actions necessary or desirable to consummate and make effective the transactions this agreement contemplates or to evidence or carry out the intent and purposes of this agreement.



SIGNATURE PAGE FOLLOWS

Each party is signing this agreement on the date stated opposite that party's signature.

Owner Name
Date:__________________________________ By:____________________________________________________________
Name: Yes / No Name Name
Title: Title
Contractor Name
Date:__________________________________ By:____________________________________________________________
Name: Yes / No Name Name
Title: Title





PAGE BREAK HERE

EXHIBIT A
DRAWINGS AND SPECIFICATIONS
(attach to agreement)

PAGE BREAK HERE

EXHIBIT B
SCOPE OF WORK

(1) General:

(2) Safety

(3) Management

(4) Design

(5) Construction

(6) Schedule



PAGE BREAK HERE



EXHIBIT C
FORM OF CHANGE ORDER

Change Order No:
Date:

Contractor's Name and Address:

Owner's Name and Address:



THE CONTRACTOR AGREEMENT IS HEREBY CHANGED AS FOLLOWS:

Additional days needed to complete Work: (if none, state "NONE"):

ALL OTHER TERMS AND CONDITIONS OF THE CONTRACTOR AGREEMENT THAT ARE NOT CHANGED BY THIS CHANGE ORDER REMAIN IN FULL FORCE AND EFFECT.

PREVIOUS CONTRACT PRICES: $

REVISED CONTRACT PRICE: $

ACCEPTANCE

The above prices, specifications, and conditions are satisfactory, and are hereby accepted. The Contractor is authorized to do the work as specified, and the Owner shall make payments as outlined above.



Owner Signature: _________________________________________     Date: __________________



Contractor Signature: ______________________________________     Date: __________________