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General Contractor
Services Contract

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Prepared for:
[OWNER/OWNER COMPANY]

Prepared by:
[CONSTRUCTOR/CONSTRUCTION COMPANY]

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General Contractor Services Contract

This General Contractor Service Contract is being entered into on [Date] between

[Owner/Owner Company] incorporated at [Owner/Owner Company Address] (hereby referred to as “Owner”)

and

[Constructor/Construction Company] incorporated at [Constructor/Construction Company Address] (hereby referred to as “Constructor”)

(hereinafter collectively referred to as “Parties”)

This Contract, along with incorporated documents referenced herein, sets forth the terms and conditions agreed to between the Parties relating to construction of [Description of Construction] by Contractor for Owner.

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Terms of the Contract

1. Parties and Property

Owner

Owner is [Owner Name] and is [Owner Type], the legal owner of the property on which construction will be completed under this Contract, with contact information as follows –
        
[Owner Address]
[Owner City/State], [Owner ZIP]
[Owner Phone]
[Owner Email]

Constructor

The Contractor is [Constructor Name] and is a duly licensed general contractor in good standing, Licensed [License Number], with contact information as follows –

[Constructor Address]
[Constructor City/State], [Constructor ZIP]
[Constructor Phone]
[Constructor Email]

Site

The site for the construction to be completed under this Contract is as follows –

[Site Address]
[Site City/State], [Site ZIP]

Legal description

[Legal Description]

This must be herein referred to as “Property”.

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2. Project

Project is the work that Contractor (and/or Contractor’s agents) are obligated to perform for Owner as detailed within the following plans and specification documents which are incorporated herein by reference –

[Plan Document(s)]
[Specification Document(s)]

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3. Compensation

In consideration for the work performed by the Contractor on the Project, the Owner will pay to Contractor the total sum of $ [0.00], according to the milestones set forth below, and subject to modification on account of any change orders to the scope of work made by the Parties according to the terms of this Contract.

Upon completion of the scope of work designated in the following milestones, partial payments will be made by Owner to Contractor within [Time Periods] of notice of milestone completion submitted by Contractor to Owner, subject to any applicable dispute provisions in this Contract –

Milestone 1: Upon completion of the following scope of work, the Contractor will be entitled to payment of $ [0.00].
[Work Scope 1]

Milestone 2: Upon completion of the following scope of work, the Contractor will be entitled to payment of $ [0.00].
[Work Scope 2]

Milestone 3: Upon completion of the following scope of work, the Contractor will be entitled to payment of $ [0.00].
[Work Scope 3]

Milestone 4: Upon completion of the following scope of work, the Contractor will be entitled to payment of $ [0.00].
[Work Scope 4]

Milestone 5: Upon completion of the following scope of work, the Contractor will be entitled to payment of $ [0.00].
[Work Scope 5]

[Additional Milestones]

The Contractor will have the right to stop work and keep the Project idle if payments are not made to the Contractor when due. If the work is stopped for such reason for a period exceeding [Number of Days] days without payments being made, Owner shall be deemed to be in default and Contractor may, at its option, make a final demand for all payments due and owing, and any additional expenditures for work performed, materials ordered or supplied, or any other loss sustained.

If payment is not made within [Number of Days] days thereafter, the Contractor will be entitled to all legal remedies for breach of this Contract.

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4. Contingencies, Commencement and Completion

This Contract [Checkbox] is [Checkbox] and is not contingent on the Owner obtaining a construction loan as follows: [Financing Conditions] on or before [Contingency Deadline]. The Owner will provide notice to the Contractor when the construction loan has been approved. If this Contract is dependent on Owner obtaining a construction loan and such loan is not obtained on or before the contingency deadline set forth herein, neither the Owner nor the Contractor shall have any further obligations under this Contract.

Work on the Project will commence no later than [Number of Days] days after the Effective Date of this Contract, or after Contractor receives notice from Owner of approval of any construction loan, whichever is later (“Commencement Date”). The Project is scheduled to be completed within [Months] months of the Commencement Date unless modified by change order as defined herein.

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5. Change Orders

From time to time during the performance of work under this Contract, there may be changes required or requested to the scope of work, price, and time for completion, under this Contract.  All such proposed changes will be submitted to the other Party in writing containing at least the proposal date, the change requested, explanation of how that will affect the cost or time of completion, and signed by the proposing party.

When both parties have signed their approval of such a proposal, it will be designated as a “Change Order” and will then be incorporated into this Contract and is binding on both parties.

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6. Access to Premises

The Owner shall ensure the Contractor access to all premises necessary at the origin, destination, third-party and or other sites as may be required to properly and safely carry out the Services, including but not limited to securing any required security clearances, approvals, service forms, information for required certificates of insurance, tickets or grants of access or third party consents. Owner’s failure to ensure the Contractor has access to the premises and or premises paperwork as required may subject the Owner to additional service charges. 

The Owner, origin, destination and any third party building or other management have reviewed any requested Certificates of Insurance (COI) from the Contractor at least [Number of Days] business days before Services being rendered and such Certificates of Insurance are agreeable and acceptable to all parties that may be involved in any part of the Services that may be provided by the Contractor.

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7. Additional Provisions

The Contractor will obtain, at its own cost, all necessary permits and permissions to perform the work required for the Project.

The Contractor will maintain, throughout this Contract, all legally required licensure, and permissions to perform the work required for the Project. To the extent it is permitted by law, the Contractor may subcontract portions of work to properly qualified and licensed subcontractors upon advance notice to the Owner, and ensuring that the payment is made to such subcontractors as this might avoid any liens being placed on the Property.

The Owner will provide the Contractor, and its employees, agents, and subcontractors, reasonable access to the Property for purposes of conducting work on the Project.

During work on the Project, the Owner or Owner’s designated agent will have access to the property for purposes of inspection, appraisal, and work evaluation.  Such access and inspections will be conducted at reasonable times, with advance notice to the Contractor when reasonably practicable, and in a manner not to obstruct the progress of construction.

The Parties will purchase and maintain the following insurance policy/policies during work on the Project with duly licensed insurance companies in the amount of no less than $ [0.00] and with reasonable deductibles not to exceed the minimum deductible amount of $ [0.00].

        [Insurance Policy Requirement 1]
        [Insurance Policy Requirement 2]

The Contractor will be responsible to clear and dispose of all construction debris and materials from the Property from the Commencement Date of the construction until the date a certificate of occupancy is issued to the Owner.

“Hazardous Materials” means all substances commonly referred to, or defined in any Law, as a hazardous material (or other similar terms), including but not be limited to, chemicals, petroleum products, solvents, explosives, flammable materials, asbestos, PCB’s, urea-formaldehyde, chlorofluorocarbons, freon or radioactive materials.  

The Contractor will be responsible to comply with legal regulations regarding the removal and disposal of Hazardous Materials at its own cost unless otherwise specified in this Contract. The Contractor will indemnify the Owner for any damages resulting from improper handling or disposal of Hazardous Materials at or from the Property from the Commencement Date until the date a certificate of occupancy is issued to the Owner.

All utility services to the Property will be arranged during the time of construction for, and paid by, [Utility Responsible Party].

In case of destruction to the Property, in whole or in part, from the Commencement Date of construction until the date a certificate of occupancy is issued to the Owner, either party shall reserve the right to terminate this Contract.

The Contractor will not be deemed in breach of this Contract or be responsible to the Owner for failure to perform obligations under this Contract if the failure is due in whole or in substantial part to any reasons of Force Majeure such as acts of God, acts of terror, strikes, war, unavailability of specified labor or materials, or other causes beyond the reasonable control of Contractor.

[Additional Provisions]

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8. Substantial Completion and Punch List

The Contractor will provide notice to the Owner when the Project is substantially complete. The Owner will inspect the Project within [Number of Days] after receiving such notice and deliver to Contractor a “punch list” of deficiencies found on the Project. The Contractor will promptly correct the matters identified on the punch list. The Owner may withhold from the final payment a reasonable estimate of the cost to the Contractor to rectify the punch list items until such items are rectified.

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9. Warranty

Contractor warrants and represents that he/she is duly licensed to perform the work under this Contract, and will perform such work with professionalism, in compliance with all applicable laws, regulations, and homeowners’ association requirements, with new materials that meet the standards set for in the Contract, including schedules and specifications incorporated therein.

Owner represents that he/she/it is the legal owner of the Property or otherwise has the full legal authority to enter into this Contract without approvals from any other person or entity, that the requested work as outlined in the plans and specifications are in compliance with all applicable laws, regulations, and homeowners’ association requirements, and that Owner is financially able to pay the compensation to the Contractor, and any reasonable adjustments that are introduced via change orders, when due and that Owner shall pay for such compensations.

Both Parties shall execute and deliver to each other or to third parties all necessary documents to effectuate the provisions of this Contract, including licenses, permits, certificates of occupancy, and any other documents.

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10. Protection of Persons and Property and Risk of Loss

The Contractor shall be responsible for upkeep all safety precautions and programs in connection with the services. He shall take all safety precautions of, and shall provide all reasonable protection to prevent damage, injury or loss to

all employees on the Work and other persons who may be affected thereby
all the finished products and all materials and equipment as mentioned in the Agreement
other property at the site or elsewhere

The Contractor shall bear all risk of loss to the work, or materials or equipment for the work due to fire, theft, vandalism, or other casualty or cause until the work is fully completed and accepted by the Owner. He shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public authority having jurisdiction for the safety and security of persons or property or to protect them from damage, injury or loss. 

All damage or loss to any property caused in whole or in part by the Contractor, any Sub Contractor, or anyone directly or indirectly employed by any of them, shall be remedied by the Contractor.

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11. Termination

Termination by Owner

If the Contractor defaults or neglects to carry out the Work following the Contract Documents or fails to perform any provision of the Contract, the Owner may, after fourteen days' written notice to the Contractor, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due to the Contractor or, at Owner's option, may terminate Contractor's work under the Contract and take possession of the site and all materials and construction equipment in possession of the Contractor and may finish the Work by whatever method. 

Owner may deem expedient, and if the unpaid balance of the Contract Sum exceeds the expense of finishing the Work, such excess shall be paid to the Contractor. If such expense exceeds any such unpaid balance, the Contractor shall pay the difference to the Owner. These rights and remedies are additional to any other rights and remedies or right to damages that are allowed by law.

Termination by Contractor

If the Owner fails to issue a payment for thirty days through no fault of the Contractor, or if the Owner fails to make payment thereon for thirty days from the issuance of payment, the Contractor may, upon fourteen days' written notice to the Owner, terminate the Contract, provided, however, that or Owner shall first have an opportunity to remit such payment within the fourteen days following written notice.

Upon termination of this agreement, the Contractor shall cease reproducing, advertising, marketing, and distributing any material or information pertaining to the Owner immediately.

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12. Indemnification

The Parties each agree to indemnify and hold harmless the other Party, its respective affiliates, officers, agents, employees, and permitted successors and assigns against any claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from the negligence of or breach of this Contract by the indemnifying party, its respective successors and assigns that occurs in connection with this Contract. This section remains in full force and effect even after termination of the Contract by its natural termination or the early termination by either party.

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13. Royalties and Patents

The Contractor shall pay all royalties and license fees. The Contractor shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof.

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14. Performance and Payment Bonds

A Performance Bond, Payment Bond, and Materials Bond shall be submitted by the Contractor for all as indicated in Article 6. Each bond shall be in the amount of the One Hundred Percent (100%) of the contract sum and shall either be in the form supplied by the Owner or shall be in such other form as approved by the Owner. 

The bond shall refer to this Contract and may be drawn against in an appropriate amount as determined by the Owner in its sole discretion when any damages to the Owner result from the Contractor’s Services according to this Contract, or Contractor’s malfeasance, misfeasance, or a breach in the performance hereof. The purpose of the bond is to guarantee the flawless performance of and the fulfillment of this Contract by and between the Contractor and Owner. The bond shall not be transferable.

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15. Arbitration

In the event of any dispute arising in and out of this agreement between the parties, it shall be resolved by Arbitration. There shall be [Number of Arbitrators] Arbitrators which shall be appointed by [Party Name]. The place of Arbitration shall be [Place of Arbitration] and Seat shall be [State of Seat]. The Arbitrators' decision shall be final and will be binding on both the parties. 

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16. Miscellaneous

Modifications: Any changes and/or modifications to this Contract must be made in writing to be signed by both Parties.
Severability: If any term of this Contract is held by a court of competent jurisdiction to be invalid or unenforceable, then this Contract, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
Legal and Binding Contract: This Contract is legal and binding between the Parties as stated above. This Contract may be entered into and is legal and binding in [Region/State/Court]. The Parties each represent that they have the authority to enter into this Contract.
Governing Law and Jurisdiction: The Parties agree that this Contract shall be governed by the State and/or Country of the Event, that is [State of Jurisdiction].
Entire Agreement: This Contract constitutes the entire contract between the parties and supersedes any prior understanding or representation of any kind preceding the date of this Contract. There are no other promises, conditions, understanding, or other contracts, whether oral or written, relating to the subject matter of this Contract. The headings of the sections herein are for convenience only, and shall not affect the meaning of the provisions of this Contract.
Notices: Any notice required or permitted under the terms of this Contract shall be provided to the contact information outlined in the agreement in “Parties and Property”.

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Acceptance and Signature

The parties signing this Contract represent and warrant that they are duly authorized and have the legal capacity to execute and deliver this Contract. 

Signature

Assign signer 1

Signature

Assign signer 2

Name

Assign signer 1

Name

Assign signer 2

Date

Assign signer 1

Date

Assign signer 2

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