You are on page 1of 14

3.

2
DESIGN-BUILD AGREEMENT
CONTRACTORS NAME:
ADDRESS:
PHONE:
FAX:
E-MAIL:
LIC #:
DATE:
OWNERS NAME:
ADDRESS:
PROJECT ADDRESS:
I. PARTIES
This contract (hereinafter referred to as Agreement) is made and
entered into on this _______ day of _________ , 20 ___ , by and
between __________________________ , (hereinafter referred to as
Owner); and ___________________________, (hereinafter referred
to as Contractor). In consideration of the mutual promises contained
herein, Contractor agrees to perform the following work, subject to the
terms and conditions below:
II. GENERAL SCOPE OF WORK DESCRIPTION
Contractor agrees to perform the following work, in two phases, as set
forth below. The price to be paid and/or method of payment for each
phase of work is indicated below.
A. PRECONSTRUCTION DESIGN SERVICES PHASE
This phase includes design, drawings, meetings with Owner, and rough
estimating services based on initial design criteria furnished by Owner
and reflected in this Agreement in Section III.I.2, below.
Owner agrees to meet with Contractor from time to time in order to
provide information to Contractor regarding design, cost, function, and
aesthetics of the project.
Contractor will develop plans and certain specifications which are
generally suitable for construction by Contractor.

_________
Contractor

________
Owner

________
Owner

Data Information Gathering: Requirements can vary depending on


jurisdiction and requirements of each jurisdiction. Depending upon the
nature of the project, Owner may be requested to provide one or more
of the following to Contractor:
a. Property survey by licensed surveyor or civil engineer, documentation
showing location of all existing improvements, land features, all belowgrade utilities, pipes, and topography. Owner to hire and pay above
consultants.
b. Geotechnical report by licensed soils engineer. Owner to hire and pay
above consultants.
c. For properties with existing or proposed septic systems, Pumpers
report and/or septic engineers drawings and design. Owner to obtain
septic information on property from County Environmental Health or
other governing office.
d. Well tests and reports, if pertinent. Owner to hire and pay consultant.
e. Copy of County tax assessors property file. This file may provide
permit history and simple drawings of recorded improvements which
may reduce cost of preparing required as-built drawings.
f. Assessors parcel map.
g. Vicinity road map.
h. Legal description of property.
i. CC&Rs (covenants, codes, and restrictions) if recorded against or
binding upon property.
j. Information on any unrecorded agreements Owner may have made
with other property owners regarding Owners property.
k. On an hourly basis, Contractor may also obtain some of the
information above in items a-j, if authorized by Owner, as additional
work to this Agreement.
B. ANTICIPATED SCOPE OF WORK
The scope of the plans and specifications to be provided by Contractor is
strictly limited to the following (both parties initial the appropriate
items):
_______ Conceptual/Schematic Design Sketches
_______ Floor Plan
_______ Site Plan
_______ Foundation Plan
_______ Framing Plan
_______ Sections
_______ Exterior Elevations
_______ Miscellaneous Interior Elevations
_______ Interior Finish Schedule For Doors, Hardware and Trim
_______ Other Drawings Required by County or City Jurisdiction and
Scope of Project
_________
Contractor

________
Owner

________
Owner

_______ Other:____________________________________
_______ Other:____________________________________
_______ Engineering Details and Outside Consultants (structural
engineer, civil drainage engineer, geotechnical engineer, Title 24 energy
consultant, landscape, fire sprinkler, mechanical layout drawings, and
other consultants as required or deemed necessary by Contractor).
Owner will directly pay for and enter into separate agreements with
these outside consultants and services:
1. _______________________________________________
2. _______________________________________________
3. _______________________________________________
Owner expressly authorizes Contractor to rely on the accuracy of any
existing reports (e.g., surveys, engineering reports, and documents
listed in Section II.A., above, etc.) furnished to Contractor by Owner or
Owners consultants.
C. DATE OF WORK COMMENCEMENT AND SUBSTANTIAL
COMPLETION OF DESIGN WORK
Commence work: ___________. Time through substantial completion:
approximately ______ to ______ weeks/months, not including delays
and adjustments for delays caused by additional time required for
Change Order and Additional Work, delays caused by Owner in furnishing
information, delays caused by Owners separate consultants, and other
delays unavoidable or beyond the control of the Contractor.
D. CONTRACTORS COMPENSATION AND BILLING FOR THE
DESIGN PHASE
Owner agrees to pay Contractor in one of the methods set forth below:
1. LUMP SUM PRICE FOR THE DESIGN PHASE OF PROJECT: Owner
agrees to pay the Lump Sum Price of $_______ (exclusive of the cost of
outside consultants, engineers, permit fees, and any work not
specifically included above which will be contracted for and paid for
directly by Owner). However, if the scope of the design work is increased
by Owner, or involves design work in addition to that specified in the
design criteria set forth in this Agreement, such additional design work
will be in addition to the Lump Sum Price of the design work above.
2. HOURLY RATE: Owner agrees to pay Contractor at the hourly rate of
$_____ per hour to perform the Preconstruction Services and Design
Work noted above.

_________
Contractor

________
Owner

________
Owner

Approximate scope of work is between _____ and _____ hours,


depending on the extent of detail Owner and Owners consultants require
for building, actual site conditions, and extent of Owner-provided
documentation. This estimate is subject to change as a result of
Additional Work required or factors unknown to Contractor at the time
this Agreement was entered into by the parties.
Contractor will bill for his time on a periodic basis. Payment is due within
seven (7) days of receipt of Contractors invoice. Contractor shall have
no obligation to deliver design documents to Owner if Owner is in default
on payments to Contractor.
3. REIMBURSABLE EXPENSES: Owner to reimburse Contractor for all
blueprinting and copies at the cost of these expenses, plus 15%.
Payment for reimbursable expenses is due upon submittal of invoice by
Contractor.
4. NON-REFUNDABLE RETAINER FOR DESIGN SERVICES: A nonrefundable retainer of $__________, upon signing of this agreement, is
due and payable and will be credited to the last billing cycle of the design
phase of the work as long as the Owner has not terminated Contractors
work on the design phase of the contract prior to the time the design
work is fully completed by Contractor. The parties agree that should the
Owner choose to terminate this Agreement during the design phase for
any reason whatsoever (other than Contractors failure to perform the
design services) then the Contractor will be entitled to keep the full
amount of the retainer, not as a penalty, but rather as a liquidated
damage due to the fact that it is extremely difficult to calculate the
Contractors damages in the event that the Owner terminates the design
portion of this Agreement prior to the time that the Contractor has
completed the design work.
5. LATE PAYMENTS, INTEREST, AND ATTORNEYS FEES: Owner
agrees to pay monthly interest at the rate of 1% on all of Contractors
invoices that are not paid within 10 days of receipt by Owner. In the
event that an account remains unpaid 30 days after billing, Owner shall
pay all costs of collection, including reasonable attorneys fees.
6. ADDITIONAL SERVICES: Upon request by Owner, additional design
services may be provided by Contractor and will be paid for by the
Owner in accordance with the terms of this Agreement. Redline revisions
from County/City plan check comments are to be expected and shall be
compensated for on an hourly basis per the terms of this Agreement.
_________
Contractor

________
Owner

________
Owner

E. FUTURE CONSTRUCTION WORK AND CREDIT FOR DESIGN


WORK
Owner has indicated a willingness to work with Contractor during the
construction phase of the project, but is under absolutely no obligation
to do so.
However, if Owner selects Contractor to perform the construction phase
of the work, Contractor agrees to credit back to Owner ___% of the total
fees paid to Contractor for his time spent performing design work under
this Agreement.
F. PEOPLE AUTHORIZED TO SIGN CHANGE ORDERS
The following people are authorized to sign Change Orders:
_____________________________
_____________________________
(Please fill in line(s) above at time of signing Agreement)
G. USE OF PLANS AND SPECIFICATIONS
The plans and specifications are being developed for the sole use of the
Contractor named in this Agreement. If the Contractor named in this
Agreement is not awarded the Construction Agreement, Owner is strictly
prohibited from using these plans and specifications for construction.
However, Owner may furnish these plans and specifications to an
architect or other competent design professional to be used strictly for
conceptual design ideas, not for construction. Owners new architect or
design professional will then take complete responsibility for the
accuracy and suitability of all plans.
H. OBTAINING BUILDING PERMIT
If construction of project is approved by Owner and the Contractor
named in this Agreement is to perform the construction phase of the
work, Contractor will assist Owner in obtaining building permit. Owner to
directly pay the cost of all governmental permit fees and public/private
utility connection fees.
I. CONSTRUCTION OF PROJECT AND DESIGN CRITERIA
Contractor agrees to furnish all labor, materials, and equipment to
construct the project in accordance with the design criteria, plans, and
specifications set forth in this Agreement.

_________
Contractor

________
Owner

________
Owner

1. LUMP SUM PRICE FOR THE CONSTRUCTION PHASE OF


PROJECT: This Lump Sum Price is subject to being increased or
decreased by Change Order if the Scope of Work as set forth by the
design criteria below or the plans and specifications in existence at the
time this Agreement is entered into is increased or decreased by Owner
or any governmental agency: $ _________
Allowances that are a part of the Lump Sum Price above are designated
as follows:
Item
_____________________________________
_____________________________________
_____________________________________
_____________________________________

Allowance Amount
$__________
$__________
$__________
$__________

2. DESIGN CRITERIA FOR ESTABLISHING LUMP SUM PRICE: Due


to the fact the plans and specifications may not have been fully
developed at the time this Agreement has been entered into, the basic
design criteria which the Lump Sum Price for construction has been
based on includes the following:
__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
(See Additional Page Attached: ___Yes; ___No)
III. GENERAL CONDITIONS
A. EXCLUSIONS
This Agreement does not include labor or materials for the following
work (unless Owner selects one of these items as an Additional
Alternate):
1. PROJECT-SPECIFIC EXCLUSIONS:

2. STANDARD EXCLUSIONS: Unless specifically included in the


General Scope of Work section above, this Agreement does not include
labor or materials for the following work: engineering fees or
governmental permits and fees of any kind. Additional work required by
_________
Contractor

________
Owner

________
Owner

governmental plan checkers on final Red Lined Job Copy of plans that
are yet to be issued. Testing, removal, and disposal of any materials
containing asbestos (or any other hazardous material as defined by the
EPA). Custom milling of any wood for use in Project. Moving Owners
property around the site. Labor or materials required to repair or replace
any Owner-supplied materials. Repair of concealed underground utilities
not located on prints or physically staked out by Owner which are
damaged during construction. Surveying that may be required to
establish accurate property boundaries for setback purposes (fences and
old stakes may not be located on actual property lines). Final
construction cleaning (Contractor will leave site in broom swept
condition). Landscaping and irrigation work of any kind. Temporary
sanitation, power, or fencing. Removal of soils under house in order to
obtain 18 inches (or code-required height) of clear space between
bottom of joists and soil. Removal of filled ground or rock or any other
materials not removable by ordinary hand tools (unless heavy equipment
is specified in Scope of Work section above), correction of existing outof-plumb or out-of-level conditions in existing structure. Correction of
concealed substandard framing. Rerouting/removal of vents, pipes,
ducts, structural members, wiring or conduits, steel mesh that may be
discovered in the removal of walls or the cutting of openings in walls.
Removal and replacement of existing rot or insect infestation. Failure of
surrounding part of existing structure, despite Contractors good faith
efforts to minimize damage, such as plaster or drywall cracking and
popped nails in adjacent rooms or blockage of pipes or plumbing fixtures
caused by loosened rust within pipes; construction of a continuously
level foundation around structure (if lot is sloped more than 6 inches
from front to back or side to side, Contractor will step the foundation in
accordance with the slope of the lot). Exact matching of existing finishes.
Public or private utility connection fees. Repair of damage to roadways,
driveways, or sidewalks that could occur when construction equipment
and vehicles are being used in the normal course of construction. Cost of
correcting errors and omissions by the Owners design professionals and
separate Contractors. Cost of correcting/testing/remediating
mold/fungus/mildew and organic pathogens unless caused by the sole
and active negligence of Contractor as a direct result of a construction
defect that caused sudden and significant water infiltration into a part of
the structure. Cost of removing ponding ground water or other unusual
concealed site conditions during excavation. Extra costs associated with
refusal of caisson drilling, cave-ins, etc. Cost to modify and/or
remanufacture custom brackets and other custom-fabricated materials
that are manufactured per plans and/or specifications but do not fit
properly into the structure.
_________
Contractor

________
Owner

________
Owner

B. DATE OF WORK COMMENCEMENT AND SUBSTANTIAL


COMPLETION
Commence work:____________________. Construction time through
substantial completion: Approximately ____ to ____ weeks/months, not
including delays and adjustments for delays caused by: holidays;
inclement weather; accidents; shortage of labor or material; additional
time required for Change Order and additional work; delays caused by
Owner, Owners consultants, engineers, agents, and separate
contractors; and other delays unavoidable or beyond the control of the
Contractor.
C. CHARGES FOR ADDITIONAL WORK: CONCEALED CONDITIONS,
DEVIATIONS FROM SCOPE OF WORK, AND CHANGES IN THE
WORK
1. CONCEALED CONDITIONS: This Agreement is based solely on the
observations Contractor was able to make with the project in its
condition at the time the work of this Agreement was bid. If additional
concealed conditions are discovered once work has commenced or after
this Agreement is executed which were not visible at the time this
Agreement was bid, Contractor will point out these concealed conditions
to Owner, and these concealed conditions will be treated as Additional
Work under this Agreement. Contractor and Owner may execute a
change order for this Additional Work. Contractor is released, held
harmless, and indemnified by Owner from all pre-existing mold, fungus,
mildew, and organic pathogen problems and is not responsible for costs
or damages associated with correcting, containing, testing, or
remediating the same.
2. DEVIATION FROM SCOPE OF WORK: Any alteration or deviation
from the Scope of Work referred to in this Agreement and/or the design
criteria above involving extra costs of materials or labor, including any
overage on ALLOWANCE work and any changes in the Scope of Work
required by Owner, Owners agent, consultant, engineers, or
governmental plan checkers or field building inspectors, will be treated
as Additional Work under this Agreement resulting in an additional
charge to Owner as set forth herein. Contractor and Owner may execute
a change order for this Additional Work. Any delays caused by Owner or
Owners agents in completion of this project which exceed four months
are subject to renegotiation of Contractors fees.
Contractor to supervise, coordinate, and charge ______% profit and
overhead on the following: all Additional Work under this Agreement,
Additional Work caused by concealed conditions, all overages on
_________
Contractor

________
Owner

________
Owner

ALLOWANCE work, all Owner-furnished materials, and the work of


Owners separate Contractors who are working on site at same time as
Contractor (any time in between when Contractor has commenced work
and when the work is 100% complete by Contractor). The amount of the
Additional Work will be reasonably determined by the Contractor.
a. Exceptions to the Contractor charging profit and overhead on Ownersupplied materials and Owners separate Contractors are strictly limited
to the following:

b. Contractors profit and overhead and any supervisory labor will not be
credited back to Owner with any deductive Change Orders (work deleted
from Agreement by Owner).
3. RATES CHARGED FOR ALLOWANCE-ONLY AND TIME-ANDMATERIALS WORK: Journeyman Carpenter: $_____ per hour;
Apprentice Carpenter: $_____ per hour; Laborer: $_____ per hour;
Contractor: $_____ per hour; Subcontractor: Amount charged by
Subcontractor. Note: Contractor will charge for profit and overhead at
the rate of ____% on all work performed on a Time-and-Materials basis
(on both materials and labor rates set forth in Section III.D of this
Agreement) and on all costs that exceed specifically stated ALLOWANCE
estimates in the Agreement.
D. PAYMENT SCHEDULE AND PAYMENT TERMS
1. PAYMENT SCHEDULE:
* First Payment: $1,000 or 10% of contract amount (whichever is less)
due when Agreement is signed and returned to Contractor: $________
* Second Payment (Materials Deposits):
$________
* Third Payment:
$________
* Fourth Payment:
$________
* Fifth Payment:
$________
* Final Payment: Balance of contract amount due upon
Substantial Completion of all work under contract:
$________
2. PAYMENT OF CHANGE ORDERS/ADDITIONAL WORK: Payment
for Additional Work is due upon completion of either all or part of the
Additional Work and submittal of invoice by Contractor.

_________
Contractor

________
Owner

________
Owner

3. ADDITIONAL PAYMENTS FOR ALLOWANCE WORK AND


RELATED CREDITS: Payment for work designated in the Agreement as
ALLOWANCE work has been initially factored into the Lump Sum Price
and Payment Schedule set forth in this Agreement. If the final amount of
the ALLOWANCE work exceeds the line item ALLOWANCE amount in the
Agreement, the difference between the final amount and the line item
ALLOWANCE amount stated in the Agreement will be treated as
Additional Work and is subject to Contractors profit and overhead at the
rate of ____%.
If the final amount of the ALLOWANCE work is less than the ALLOWANCE
line item amount listed in the Agreement, a credit will be issued to
Owner after all billings related to this particular line item ALLOWANCE
work have been received by Contractor. This credit will be applied toward
the final payment owing under the Agreement. Contractor profit and
overhead and any supervisory labor will not be credited back to Owner
for ALLOWANCE work.
4. FINAL CONTRACT PAYMENT: The final contract payment is due and
payable upon Substantial Completion (not Final Completion) of all work
under contract. Substantial Completion is defined as being the point at
which the Building/Work of Improvement is suitable for its intended use,
or the issuance of an Occupancy Consent, or final building department
approval from the city or county building department, whichever occurs
first.
5. HOLD BACK FROM FINAL PAYMENT FOR PUNCH LIST WORK: At
time of making the final contract payment, Owner may hold back 150%
of the value of all Punch List work. Owner and Contractor will place a fair
and reasonable value on each Punch List item at time of Punch list walkthrough with Owner. Contractor and Owner will then execute the Punch
List form. This 150% hold back for Punch List work assures Owner that
all Punch List work will be completed by Contractor in a timely manner.
Payment for completed items is due and payable upon submittal of
invoice for those completed items, even though the entire punch list may
not be completed.
6. INTEREST CHARGES: Interest in the amount of 1% per month will
be charged on all late payments under this Agreement. Late Payments
are defined as any payment not received within seven (7) days of receipt
of invoice from Contractor.

_________
Contractor

________
Owner

________
Owner

7. CONFLICT OF DOCUMENTS: If any conflict should arise between the


plans, specifications, addenda to plans, and this Agreement, then the
terms and conditions of this Agreement shall be controlling and binding
upon the parties to this Agreement.
8. INSURANCE: Owner shall pay for and maintain Course of
Construction or Builders Risk or any other insurance that provides the
same type of coverage to the Contractors work in progress during the
course of the project. It is Owners express responsibility to insure
dwelling and all work in progress against all damage caused by fire and
Acts of God such as earthquakes, floods, etc.
E. WARRANTY
Thank you for choosing our company to perform this work for you. Your
satisfaction with our work is a high priority for us, however, not all
possible complaints are covered by our warranty. Contractor does
provide a limited warranty against material defects on all Contractorand Subcontractor-supplied labor and materials used in this project for a
period of one year following Substantial Completion of all work. This
warranty covers normal usage only. You must contact the Contractor at
the address on page one of this agreement in writing for warranty
service immediately upon discovering an item in need of warranty
service. If the matter is urgent, you must also call the Contractor and
send written notice of the need for warranty service. Failure to notify the
Contractor of the need for warranty service within ten (10) days of
discovery of a warranty item may void this warranty. Additionally,
Owners hiring of others or direct actions by Owner or Owners separate
Contractors to repair a warranty item are not covered by this warranty
and will not be reimbursed by Contractor.
No warranty is provided by Contractor on any materials furnished by the
Owner for installation. No warranty is provided on any existing materials
that are moved and/or reinstalled by the Contractor within the dwelling
or the property (including any warranty that existing/used materials will
not be damaged during the removal and reinstallation process). One
year after Substantial Completion of the project, the Owners sole
remedy (for materials and labor) on all materials that are covered by a
manufacturers warranty is strictly with the manufacturer, not with the
Contractor.
Repair of the following items and related damages of every kind are
specifically excluded from Contractors warranty: problems caused by
lack of Owner maintenance; problems caused by Owner abuse, Owner
misuse, vandalism, Owner modification or alteration; and ordinary wear
_________
Contractor

________
Owner

________
Owner

and tear. Damages resulting from mold, fungus and other organic
pathogens are excluded from this warranty unless caused by the sole
and active negligence of Contractor as a direct result of a construction
defect which caused sudden and significant amounts of water infiltration
into a part of the structure. Deviations that arise such as the minor
cracking of concrete, stucco, and plaster; minor stress fractures in
drywall due to the curing of lumber; warping and deflection of wood;
shrinking/cracking of grouts and caulking; fading of paints and finishes
exposed to sunlight are all typical, not material defects in construction,
and are strictly excluded from Contractors warranty.
THE EXPRESS WARRANTIES CONTAINED HEREIN ARE IN LIEU OF
ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
ANY WARRANTIES OF MERCHANTABILITY, HABITABILITY, OR
FITNESS FOR A PARTICULAR USE OR PURPOSE. THIS LIMITED
WARRANTY EXCLUDES CONSEQUENTIAL, INCIDENTAL, AND
SPECIAL DAMAGES AND LIMITS THE DURATION OF IMPLIED
WARRANTIES TO THE FULLEST EXTENT PERMISSIBLE UNDER
STATE AND FEDERAL LAW. SOME STATES RESTRICT
LIMITATIONS ON VARIOUS WARRANTIES AND SO A CONSUMERS
RIGHTS UNDER THIS WARRANTY MAY VARY. THIS LIMITED
WARRANTY MAY NOT BE VERBALLY MODIFIED BY ANY PERSON.
THIS LIMITED WARRANTY IS GOVERNED BY THE LAWS OF THE
STATE WHERE THE WORK WAS PERFORMED.
F. TERMINATION OF AGREEMENT FOR CONVENIENCE BY OWNER
DURING PRECONSTRUCTION DESIGN PHASE ONLY
Owner may terminate this Agreement for convenience only during the
Preconstruction Design Services phase of the work by giving Contractor
written notice of the termination and providing payment to Contractor
for all services rendered through the date of termination Owner shall
also reimburse Contractor for all reasonable termination expenses
incurred by Contractor and the Contractor shall be entitled to keep the
initial retainer deposit paid by Owner for design services without
applying this deposit towards any outstanding charges owing to
Contractor. Upon termination and payment for all work performed to
date, all drawings, details, and estimates performed through the
termination date by Contractor and his agents will be delivered to Owner
subject to the limitations in Section II.G., Use of Plans and
Specifications, above. All such plans given to Owner based on Owners
termination for convenience will be PRELIMINARY PLANS NOT FOR
CONSTRUCTION and must be marked as such by Owner and Contractor.

_________
Contractor

________
Owner

________
Owner

G. WORK STOPPAGE, TERMINATION OF CONTRACT FOR DEFAULT,


AND INTEREST DURING CONSTRUCTION PHASE ONLY
Contractor shall have the right to stop all work on the project and keep
the job idle if payments are not made to Contractor strictly in
accordance with the Payment Schedule in this Agreement, or if Owner
repeatedly fails or refuses to furnish Contractor with access to the job
site and/or product selections or information necessary for the
advancement of Contractors work. Simultaneous with stopping work on
the project, Contractor must give Owner written notice of the nature of
Owners material breach of this Agreement and must also give Owner a
14-day period in which to cure this breach of contract. Owner to follow
this same notice procedure with Contractor if Owner alleges Contractor is
in material breach of this Agreement.
If work is stopped due to any of the above reasons (or for any other
material breach of contract by Owner) for a period of 14 days, and
Owner has failed to take significant steps to cure his default, then
Contractor may, without prejudicing any other remedies Contractor may
have, give written notice of termination of the Agreement to Owner and
demand payment for all completed work and materials ordered through
the date of work stoppage, and any other reasonable loss sustained by
Contractor, including Contractors Profit and Overhead at the rate of
_____% on the balance of the incomplete work under the Agreement.
Thereafter, Contractor is relieved from all other contractual duties,
including all Punch List and warranty work.
H. DISPUTE RESOLUTION AND ATTORNEYS FEES
Any controversy or claim arising out of or related to this Agreement
involving an amount less than $5,000 (or the maximum limit of the
Small Claims court) must be heard in the Small Claims Division of the
Municipal Court in the county where the Contractors office is located.
Any dispute over the dollar limit of the Small Claims Court arising out of
this Agreement shall be submitted to an experienced private
construction arbitrator that shall be mutually selected by the parties to
conduct a binding arbitration in accordance with the arbitration laws of
the state where the project is located. The arbitrator shall be either a
licensed attorney or retired judge who is familiar with construction law.
If the parties can not mutually agree on an arbitrator within 30 days of
written demand for arbitration, then either of the parties shall submit the
dispute to binding arbitration before the American Arbitration Association
in accordance with the Construction Industry Rules of the American
Arbitration Association then in effect. Judgment upon the award may be
entered in any Court having jurisdiction thereof.
_________
Contractor

________
Owner

________
Owner

The prevailing party in any legal proceeding related to this Agreement


shall be entitled to payment of reasonable attorneys fees, costs, and
post-judgment interest at the legal rate.
I. ENTIRE AGREEMENT, SEVERABILITY, AND MODIFICATION
This Agreement represents and contains the entire agreement and
understanding between the parties. Prior discussions or verbal
representations by Contractor or Owner that are not contained in this
Agreement are not a part of this Agreement. In the event that any
provision of this Agreement is at any time held by a Court to be invalid
or unenforceable, the parties agree that all other provisions of this
Agreement will remain in full force and effect. Any future modification of
this Agreement should be made in writing and executed by Owner and
Contractor.
J. ADDITIONAL LEGAL NOTICES REQUIRED BY STATE OR
FEDERAL LAW
See page(s) attached: ____Yes ____No
K. ADDITIONAL TERMS AND CONDITIONS
See page(s) attached: ____Yes ____No
I have read and understood, and I agree to, all the terms and conditions
contained in the Agreement above.
_________ ______________________
DATE CONTRACTORS SIGNATURE
_________ ______________________
DATE OWNERS SIGNATURE
_________ ______________________
DATE OWNERS SIGNATURE

_________
Contractor

________
Owner

________
Owner