General Contractor
Services Contract
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PREPARED FOR
[Owner Company]
PREPARED BY
[Contractor Company]
General Contractor
Services Contract
This General Contractor Services Contract (the “Contract”) is entered into as of [Effective Date],
By and Between
[Owner Company] incorporated at [Owner Company Address] (hereby referred to as “Owner”), and;
[Contractor Company], a duly licensed general contractor, with its principal place of business located at [Contractor Company Address] (hereinafter referred to as “Contractor”).
The Owner and the Contractor shall be hereinafter collectively referred to as “Parties” and individually as “Party.”
TERMS AND CONDITIONS.
1. PURPOSE AND SCOPE.
This Contract establishes the terms and conditions under which the Contractor shall perform general contracting services for the Owner for the construction of [Description of Construction Project]. Additionally, the Contractor agrees to provide all labor, materials, equipment, and supervision required to complete the Project as described below.
Plan details: [Plan Details]
Specification details: [Specification Details]
2. SITE.
The details of the site where the construction will be completed under this Contract are as follows:
Site Address: [Site Address]
Legal Description of the Site: [Legal Description of the Site]
This site shall be referred to as the “Property” throughout this Contract.
3. COMPENSATION.
In consideration for the work performed by the Contractor Company on the Project, the Owner agrees to pay the Contractor a total sum of [Total Compensation]. This amount shall be paid in accordance with the milestones set forth below and may be subject to modification based on any change orders to the scope of work as mutually agreed upon by the Parties and following the terms of this Contract.
Partial payments shall be made by the Owner to the Contractor within [Payment Period in Days] day(s) of the Contractor’s submission of a notice of milestone completion. These payments shall be contingent upon the satisfactory completion of the specified scope of work for each milestone and shall be subject to any applicable dispute provisions outlined in this Contract. The mode of payment shall be [Mode of Payment] or any other method agreed upon by both parties.
The milestones and corresponding payments are as follows:
Milestone 1: Upon completion of the following scope of work, the Contractor will be entitled to payment of [Milestone 1 Payment].
Scope of Work for Milestone 1: [Milestone 1 Work Scope]
Milestone 2: Upon completion of the following scope of work, the Contractor will be entitled to payment of [Milestone 2 Payment].
Scope of Work for Milestone 2: [Milestone 2 Work Scope]
Milestone 3: Upon completion of the following scope of work, the Contractor will be entitled to payment of [Milestone 3 Payment].
Scope of Work for Milestone 3: [Milestone #3 Work Scope]
If payments are not made to the Contractor when due, the Contractor reserves the right to suspend work and keep the Project idle. If the work is kept idle for a period exceeding [Project idle threshold due to non-payment] days due to non-payment, the Owner shall be considered in default. The Contractor may, at its discretion, issue a final demand for all outstanding payments, including any additional costs incurred for work performed, materials ordered or supplied, or any other related losses.
If payment is not made within [Payment period after final notice] day(s) of the final demand, the Contractor will be entitled to pursue all legal remedies available for breach of this Contract
4. CONTINGENCIES, COMMENCEMENT, AND COMPLETION.
This Contract is not contingent upon the Owner securing a construction loan. However, if the Owner decides to obtain a construction loan, the owner is required to furnish the Contractor with satisfactory evidence confirming that adequate financing is secured for the completion of the work outlined in this Contract. The Owner is responsible for providing evidence before the Project begins. Work on the Project will commence within [Number of days to commence work] day(s) following the Effective Date of this Contract (“Commencement Date”). The Contractor shall provide a detailed project schedule within [Number of Days to provide detailed schedule] day(s) of the Commencement Date. The Project is expected to be completed within [Number of months for project completion] month(s) from the Commencement Date, subject to any adjustments made through change orders as defined in this Contract.
5. CHANGE ORDERS.
During the course of the Project, changes to the scope of work, price, or time for completion may be required or requested. Any such changes must be proposed in writing by the initiating party, clearly detailing the date of the proposal, the specific change requested, the rationale for the change, and its impact on the cost or time for completion.
Once both parties have reviewed and signed the proposed change, it will be formalized as a “Change Order” and incorporated into this Contract. Upon execution, the Change Order becomes binding on both parties, amending the Contract accordingly.
6. SITE ACCESS AND INSURANCE COMPLIANCE.
The Owner shall provide the Contractor with access to all premises necessary for the performance of the Services. This includes access to the origin site, destination site, third-party sites, and other locations required to carry out the Services properly and safely. The Owner is also responsible for obtaining any necessary security clearances, approvals, service forms, and information for required certificates of insurance, tickets, or third-party consents.
Failure by the Owner to ensure timely access to the premises or to provide necessary documentation may result in additional service charges.
Additionally, the Owner, as well as any relevant third-party building or property management entities, must review and approve any Certificates of Insurance (COI) provided by the Contractor at least [Number of days to review the COI] business day(s) before the commencement of Services. The COIs must be acceptable to all parties involved in the Services provided by the Contractor.
7. ADDITIONAL PROVISIONS.
(a) Permits and Licensure. The Contractor shall obtain, at its own cost, all necessary permits and permissions required to perform the work for the Project. The Contractor will maintain all legally required licenses and permissions throughout the duration of this Contract.
(b) Subcontracting. To the extent permitted by law, the Contractor may subcontract portions of the work to qualified and licensed subcontractors, provided advance notice is given to the Owner. The Contractor will ensure timely payment to subcontractors to avoid liens on the Property.
(c) Access to Property. The Owner shall provide the Contractor, its employees, agents, and subcontractors with reasonable access to the Property for the purpose of performing the work. During the Project, the Owner or the Owner’s designated agent may access the Property for inspection, appraisal, and work evaluation purposes. Such access shall occur at reasonable times, with advance notice to the Contractor when practicable, and in a manner that does not obstruct the progress of the work.
(d) Insurance Requirements. The Parties shall maintain the following insurance policies with duly licensed insurers, with coverage amounts no less than [Insurance Cap Amount] and deductibles not exceeding [Insurance Deductibles Cap Amount]:
Insurance Policy Requirement 1: [Insurance Policy Requirement 1]
Insurance Policy Requirement 2:[Insurance Policy Requirement 2]
(e) Debris Removal. The Contractor is responsible for clearing and disposing of all construction debris and materials from the Property from the Commencement Date until a certificate of occupancy is issued.
(f) Hazardous Materials. “Hazardous Materials” refers to substances classified as hazardous by any applicable law, including chemicals, petroleum products, solvents, explosives, asbestos, PCBs, urea-formaldehyde, chlorofluorocarbons, freon, or radioactive materials. The Contractor will comply with all legal regulations for the removal and disposal of Hazardous Materials at its own cost. The Contractor will indemnify the Owner for any damages resulting from improper handling or disposal of Hazardous Materials from the Commencement Date until a certificate of occupancy is issued.
(g) Utility Services. The Owner is responsible for arranging and paying for all utility services required during construction.
(h) Force Majeure. The Contractor shall not be deemed in breach of this Contract or held liable for failure to perform if such failure is due in whole or in part to Force Majeure events, including acts of God, acts of terror, strikes, war, unavailability of labor or materials, or other causes beyond the Contractor’s reasonable control.
(i) Additional Provisions. [Include any additional provisions as needed]
8. SUBSTANTIAL COMPLETION AND PUNCH LIST.
The Contractor shall notify the Owner when the Project is substantially complete. The Owner must inspect the Project within [Number of Days for Inspection] day(s) of receiving this notice and provide the Contractor with a “punch list” of any deficiencies found. The Contractor shall promptly address and correct the items identified on the punch list. The Owner may withhold a reasonable amount from the final payment, equal to the estimated cost of rectifying the punch list items until such items are completed.
9. WARRANTY.
The Contractor warrants that they are duly licensed to perform the work under this Contract and will complete the work with professionalism, in compliance with all applicable laws, regulations, and homeowners’ association requirements, and using materials that meet the standards set forth in the Contract, including schedules and specifications.
The Owner warrants that they are the legal owner of the Property or have the authority to enter into this Contract that the requested work complies with all applicable laws and regulations and that they are financially capable of paying the Contractor and any reasonable adjustments due to change orders.
Both Parties agree to execute and deliver all necessary documents to fulfill the Contract’s provisions, including licenses, permits, certificates of occupancy, and any other required documents.
10. PROTECTION OF PERSONS AND PROPERTY AND RISK OF LOSS.
The Contractor is responsible for implementing safety precautions and programs related to the services and shall take all necessary measures to protect:
(a) All employees on the Work and other persons affected by it;
(b) All finished products, materials, and equipment specified in the Agreement;
(c) Other property at the site or elsewhere.
The Contractor bears all risk of loss to the work, materials, or equipment due to fire, theft, vandalism, or other causes until the work is fully completed and accepted by the Owner. The Contractor must comply with all applicable laws and regulations related to the safety and security of persons or property.
Any damage or loss to property caused by the Contractor, any subcontractor, or anyone employed by them shall be remedied by the Contractor.
11. TERMINATION.
(a) Termination by Owner
If the Contractor fails to perform the work according to the Contract or neglects any provision of the Contract, the Owner may, after [Termination Notice Period_Owner] days' written notice, either:
(i) Correct the deficiencies and deduct the cost from any payments owed to the Contractor or;
(ii) Terminate the Contractor’s work, take possession of the site and materials, and complete the work by any means deemed appropriate.
If the cost to finish the work exceeds the unpaid balance of the Contract Sum, the Contractor shall pay the difference. Any additional rights or remedies available by law will not be affected by this termination.
(b) Termination by Contractor
If the Owner fails to make a payment within [Payment Period in Days] day(s) of its due date, the Contractor may terminate the Contract with [Termination Notice Period_ Contractor] days' written notice. The Owner will have the opportunity to make the payment within [Payment period after final notice] day(s) after the final notice. Upon termination, the Contractor shall cease all advertising, marketing, and distribution related to the Owner.
12. INDEMNIFICATION.
Each Party agrees to indemnify and hold harmless the other Party, along with its affiliates, officers, agents, employees, and permitted successors and assigns, from any claims, losses, damages, liabilities, penalties, punitive damages, expenses, and reasonable legal fees arising from the indemnifying Party’s negligence or breach of this Contract. This indemnification obligation continues even after the Contract terminates, whether by its natural expiration or early termination by either Party.
13. ROYALTIES AND PATENTS.
The Contractor is responsible for paying all royalties and license fees. The Contractor will defend against any claims of patent infringement and hold the Owner harmless from any resulting losses.
14. PERFORMANCE AND PAYMENT BONDS.
The Contractor shall provide a Performance Bond, Payment Bond, and Materials Bond, each in the amount of [Bond Percentage Amount] of the contract sum. These bonds must either be in the form provided by the Owner or in a form approved by the Owner.
These bonds shall reference this Contract and may be drawn upon by the Owner in an appropriate amount if damages result from the Contractor’s services, malfeasance, misfeasance, or breach of performance under this Contract. The purpose of these bonds is to guarantee the Contractor's complete and satisfactory performance of this Contract. The bonds shall not be transferable.
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] arbitrator(s), who shall be appointed by [Arbitration Appointing Party Name]. The place of arbitration shall be [Location of Arbitration], and the Seat shall be [State of Seat]. The arbitrators' decision shall be final and will be binding on both parties.
16. MODIFICATIONS.
Any amendments or changes to this Contract must be made in writing and signed by both Parties to be valid.
17. SEVERABILITY.
If any provision of this Contract is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full effect as if the invalid provision had never been included.
18. LEGAL AND BINDING CONTRACT.
This Contract is legally binding upon the Parties as stated. Both Parties represent that they have full authority to enter into this Contract.
19. GOVERNING LAW AND JURISDICTION.
This Contract will be governed by and construed in accordance with the laws of [Governing Law], and any disputes arising from it will be subject to the exclusive jurisdiction of the courts in [Jurisdiction].
20. ENTIRE AGREEMENT.
This Contract constitutes the entire agreement between the Parties and supersedes all prior discussions, negotiations, and understandings, whether oral or written, regarding the subject matter herein. Section headings are for convenience only and do not affect the interpretation of this Contract.
21. NOTICES.
Any notice that is required by this Contract shall be in writing and shall be given to the appropriate Party by personal delivery, certified mail, postage prepaid postage, or any such agreed-upon delivery service provided.
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.
[Owner Company]
[Contractor Company]
Name:
Name:
Signature:
Signature:
Date:
Date:
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