General contractor agreement template

General Contractor Agreement

This General Contractor Agreement (the "Agreement") is entered into on 2023-10-01 (the "Effective Date") by and between Owner Name ("Owner") with an address of 123 Owner St and Contractor Inc. ("Contractor") with an address of 456 Contractor Rd.

1. Project Description

Project Name: Home Renovation

Property Address: 123 Owner St

Property Description: Single Family Home (lot/parcel number, legal description if applicable)

Project Type: Renovation (new construction, renovation, addition, remodeling, etc.)

Detailed Scope of Work: Kitchen and Bath Remodel

Attached Plans: Plans and specifications attached as:

• Architectural drawings: A1-A5
• Engineering plans: S1-S2
• Specifications: Spec Book v1
• Other: None

All work shall be performed according to attached plans and specifications

2. Contract Price

Total Contract Price: $50000

Price Includes:

• All labor
• All materials (unless specified otherwise)
• Equipment and tools
• Subcontractor costs
• Permits and fees: Included
• Cleanup and disposal
• None

Price Does NOT Include: Furniture

Allowances: The following allowances are included in the contract price:

• Cabinets: $10000
• Flooring: $5000
• Fixtures: $2000

Selections exceeding allowances will result in additional charges; unused allowances will credit to Owner

3. Payment Schedule

Payment Terms:

Payment Method: Check

Payment Timing: Payments due within 15 days of invoice

Retainage: 10% of each payment retained until final completion

Final Payment: Released upon:

• Substantial completion
• Passing all inspections
• Lien releases from all subcontractors
• Completion of punch list
• Delivery of warranties and manuals

4. Project Timeline

Commencement Date: 2023-10-15

Substantial Completion Date: 2024-01-15

Final Completion Date: 2024-02-01

Total Duration: Approximately 100 calendar days

Work Schedule: Work performed Mon-Fri from 8am-5pm

Liquidated Damages: If Contractor fails to substantially complete by 2024-01-15, Owner may deduct liquidated damages per day (if applicable)

Time Extensions: Contractor entitled to time extension for:

• Owner-requested changes
• Weather delays exceeding weather allowance days days
• Unforeseen conditions
• Delays in Owner selections/approvals
• Force majeure events

Must request extension in writing within extension request days days of delay

5. Change Orders

Definition: Any change to scope, specifications, schedule, or price requires written change order

Process:

1. Contractor provides written proposal with cost and time impact
2. Owner reviews and approves/rejects
3. Both parties sign change order before work proceeds

Emergency Changes: Contractor may proceed with emergency work to prevent damage, with notification to Owner within emergency notification hours hours

No Oral Changes: Oral agreements are not enforceable; all changes must be in writing

Pricing: Change order work priced at:

• Actual costs plus change order markup% markup, OR
• Fixed price as agreed in change order

6. Permits and Compliance

Responsibility: Contractor responsible for obtaining all necessary permits and licenses

Permit Costs: permit cost responsibility (included in contract price / Owner pays separately)

Building Codes: All work performed in compliance with:

• Local building codes
• State and federal regulations
• Manufacturer specifications
• Attached plans and specifications

Inspections: Contractor responsible for scheduling required inspections and ensuring work passes

Zoning: Owner represents that project complies with zoning regulations: zoning compliance

Failed Inspections: Contractor responsible for correcting work that fails inspection at no cost to Owner

7. Materials and Workmanship

Materials Quality: All materials shall be new and of quality specified in plans or, if not specified, of good quality suitable for purpose

Substitutions: Contractor may not substitute materials without Owner's written approval

Material Approval: Samples of the following require Owner approval before installation: materials requiring approval

Workmanship: All work performed in professional and workmanlike manner according to industry standards

Defective Work: Contractor shall promptly correct defective work at no cost to Owner

8. Subcontractors and Employees

Subcontractors: Contractor may use subcontractors for: anticipated subcontractors

Subcontractor Approval: Owner approval required: subcontractor approval required

Contractor Responsibility: Contractor responsible for all work performed by subcontractors

Lien Releases: Contractor shall provide lien releases from all subcontractors and suppliers before final payment

Background Checks: All persons working on site: background check requirements

Supervision: Contractor shall maintain qualified supervisor on site during work hours

9. Insurance and Bonding

Contractor Insurance: Contractor maintains:

• General Liability: gl insurance amount
• Workers' Compensation (as required by law)
• Auto Liability: auto insurance amount
• Builder's Risk: builders risk terms

Owner as Additional Insured: Owner named as additional insured on liability policy

Proof of Insurance: Provided before work commences and upon renewal

Performance Bond: performance bond (if required)

Payment Bond: payment bond (if required)

10. Site Access and Conditions

Site Access: Owner provides Contractor access to property during work hours

Utilities: Owner provides access to: utilities provided

Storage: Contractor may store materials and equipment on site: onsite storage terms

Site Security: Contractor responsible for securing site: site security requirements

Existing Structures: Contractor shall protect existing structures, landscaping, and improvements: protection requirements

Hazardous Materials: Owner represents that property is free of hazardous materials: hazmat representation

If hazardous materials discovered, work stops and parties negotiate remediation

11. Changes in Work Conditions

Concealed Conditions: If Contractor encounters conditions materially different from expected (concealed damage, structural issues, etc.):

1. Contractor stops work in affected area
2. Notifies Owner within condition notification hours hours
3. Documents conditions with photos
4. Parties negotiate change order for additional work

Differing Site Conditions: Contract price may be adjusted for differing subsurface or physical conditions

12. Owner's Responsibilities

Owner agrees to:

• Provide clear access to site
• Make timely decisions and selections
• Provide utilities as specified
• Make payments according to schedule
• Obtain financing (if applicable)
• Designate representative: owner representative
• Respond to requests for information within owner response days days
• Review and approve/reject submittals within submittal review days days
• Not interfere with Contractor's work
• additional owner responsibilities

13. Warranties

Workmanship Warranty: Contractor warrants all work free from defects in workmanship for workmanship warranty years year(s) from substantial completion

Warranty Coverage: Warranty covers:

• Defective workmanship
• Improper installation
• Work not conforming to contract documents

Warranty Exclusions: Does not cover:

• Normal wear and tear
• Damage from misuse or lack of maintenance
• Damage from modifications by others
• Acts of nature
• Owner-supplied materials

Manufacturer Warranties: Contractor shall obtain and transfer to Owner all manufacturer warranties for materials and equipment

Systems: Specific system warranties:

• Roofing: roofing warranty
• HVAC: hvac warranty
• Plumbing: plumbing warranty
• Electrical: electrical warranty

Warranty Service: Contractor shall correct warranty defects within warranty response days days of notice

14. Cleanup and Final Completion

Ongoing Cleanup: Contractor shall maintain clean and safe site, removing debris regularly

Final Cleanup: Upon completion, Contractor shall:

• Remove all materials, equipment, and debris
• Clean all surfaces
• Ensure all systems operational
• Repair damage caused by work
• Leave property in broom-clean condition

Owner Walkthrough: Contractor shall conduct walkthrough with Owner to identify punch list items

Punch List: Contractor shall complete punch list items within punchlist days days

Substantial Completion: Occurs when work sufficiently complete for Owner's intended use and only punch list items remain

Certificate of Completion: Contractor provides certificate of substantial completion

15. Termination

Termination by Owner for Cause: Owner may terminate if:

• Contractor abandons work
• Fails to perform work according to schedule
• Fails to correct defective work
• Violates material terms
• Becomes insolvent

Owner must provide cure period days days notice to cure

Termination by Owner for Convenience: Owner may terminate for any reason with convenience termination days days notice. Owner shall pay for work completed plus reasonable termination costs

Termination by Contractor: Contractor may terminate if:

• Owner fails to make payments
• Work suspended by Owner for more than suspension termination days days
• Owner breaches material terms

Contractor must provide contractor termination days days notice

Effect of Termination: Upon termination:

• All work stops (except securing site)
• Contractor removes equipment
• Contractor provides lien releases
• Final accounting prepared
• Contractor paid for work completed less amounts owed to Owner

16. Indemnification and Liability

Contractor Indemnifies Owner: Against claims arising from:

• Contractor's negligence or misconduct
• Injury to persons or property caused by Contractor's work
• Contractor's breach of this Agreement
• Lien claims by subcontractors or suppliers

Owner Indemnifies Contractor: Against claims arising from:

• Owner's negligence
• Owner-supplied materials or equipment
• Owner's breach of this Agreement
• Pre-existing property conditions disclosed by Owner

Limitation of Liability: Contractor's total liability shall not exceed liability cap (typically the contract price)

17. Dispute Resolution

Governing Law: This Agreement governed by laws of governing jurisdiction

Dispute Resolution:

1. Good faith negotiation
2. Mediation in mediation location
3. binding resolution (binding arbitration / litigation)

Arbitration Rules: If arbitration selected, conducted under arbitration rules (e.g., AAA Construction Rules)

Continue Working: Unless terminated, Contractor shall continue working during dispute resolution

Attorney Fees: Prevailing party entitled to reasonable attorney fees and costs

No Liens: Contractor agrees not to file mechanics liens if Owner making payments according to this Agreement

18. Miscellaneous

Entire Agreement: This Agreement, including all attached exhibits, constitutes entire agreement

Amendments: Must be in writing signed by both parties

Assignment: Neither party may assign without written consent

Severability: Invalid provisions do not affect remaining terms

Notices: Written notices to addresses above or:

• Owner email: owner email, phone: owner phone
• Contractor email: contractor email, phone: contractor phone

Survival: Warranties, indemnification, and confidentiality survive completion

Force Majeure: Neither party liable for delays due to circumstances beyond reasonable control

No Third-Party Beneficiaries: This Agreement benefits only the parties (and their successors)

Waiver: Failure to enforce any term does not waive future enforcement

Photographs: Contractor may photograph project for portfolio: photo rights

19. Licenses and Qualifications

Contractor License: Contractor holds license number 123456 issued by licensing authority

Specialty Licenses: Subcontractors performing specialty work hold required licenses

Liability for Unlicensed Work: Owner aware that unlicensed work may affect rights and remedies: licensing disclosures

20. Signatures

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.

Attachments:

• Exhibit A: Plans and Specifications
• Exhibit B: Payment Schedule
• Exhibit C: Scope of Work Detail
• Exhibit D: Allowances and Selections
• Exhibit E: Insurance Certificates