Fillable Printable Construction Contract Form - California

Construction Contract Form - California

Construction Contract

This agreement is made on the date written above our signatures between

Contractor Name: _________________________________________________________ (Contractor) and

Owner Name: ____________________________________________________________ (Owner).

Contractor

Contractor Name: _______________________________________________________________________

Address: ______________________________________________________________________________

City: ____________________________________________________, State: __________ Zip: _________

Work Phone Number: ___________________________________________________________________

Fax Number: __________________________________________________________________________

Email Address: _________________________________________________________________________

License Number: _______________________________________________________________________

Contractor Name: __________________________________ is licensed as a corporation in the state of

State: _________________________.

Contractor Name: ___________________________________ will be referred to as C ontractor throughout

this agreement.

Owner

Owner Name: __________________________________________________________________________

Address: ______________________________________________________________________________

City: ____________________________________________________, State: __________ Zip: _________

Day Phone Number: ____________________________________________________________________

Cell Phone Number: ____________________________________________________________________

Fax Number: __________________________________________________________________________

Email Address: _________________________________________________________________________

Owner Name: _____________________________________ is organized as a corporation in the state of

State: ____________________________________.

Owner Name: ______________________________________ will be referred to as Owner throughout this

agreement.

Owner's Representative

Owner will be represented by Name of representative

_______________________________________________ (Owner's Representative) as described in this

agreement.

Name of representative: __________________________________________________________________

Address: ______________________________________________________________________________

City: ____________________________________________________, State: __________ Zip: _________

Day Phone Number: ____________________________________________________________________

Cell Phone Number: ____________________________________________________________________

Fax Number: __________________________________________________________________________

Email Address: _________________________________________________________________________

Name of representative _______________________________________________ will be referred to as

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Owner's Representative throughout this agreement.

The Construction Site

Legal description: ______________________________________________________________________

_____________________________________________________________________________________

City: ______________________________________________________, California Zip: _____________

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I. Project Description

A. For a price identified below, Contractor agrees to com plete a new commercial or industrial building

(identified as the Project in this agreement) for Owner.

II. Contract Price

A. In addition to any other charges specified in this agreement, Owner agrees to pay Contractor

$________________ for completing the Work described as the Project.

III. Alternative Pricing Options

A. At the option of Owner, the following adjustments may be made to the Project:

1. Add $_______________ for

_____________________________________________________________________________________

_____________________________________________________________________________________.

2. Subtract $________________ for

_____________________________________________________________________________________

_____________________________________________________________________________________.

IV. Allowances

A. This Contract Price includes allowances for item s to be selected later by Owner.

1. $_____________ for _______________________________________________________________.

Installation will be by Contractor at a cost included in the Contract Price

The allowance price covers the cost of:

Materials

Taxes

Delivery

2. $________________ for ____________________________________________________________.

Installation will be by others at a cost included in the allowance price

V. Payment Per Unit of Work

A. In addition to other charges specified in this agreem ent, Owner agrees to pay Contractor

$_____________ per____________ of _____________________________________________________.

1. If the actual quantity of _____________________________________

is more or less than _______,

the Contract Price will be increased or reduced by $_________________ per _____________________ of

________________________________________________________________ more or less than ______.

VI. Scheduled Start of Construction

A. Work under this agreement will begin within 1 Calendar Days after the following contingencies

have been met.

1. Complete Plans and Specifications have been approved and initialed by both Owner and Contractor.

2. Owner has obtained a construction loan or other financing acceptable to Contractor.

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3. Owner has obtained all architectural approvals from subdivision or neighborhood authorities.

4. Owner has furnished Contractor with evidence of ownership of the property satisfactory to

Contractor.

5. All appropriate building permits have been issued.

6. Contractor has received written notice from the lien holder or the title company insuring lien holder' s

security inte rest in the property that all documents required to be recorded prior to the commencement of

construction have been properly recorded.

7. The contract has been signed by Owner and Contractor.

VII. Scheduled Completion of Construction

A. Work under this agreement will be Substantially Completed within ________ Calendar Days after

the date construction begins.

VIII. Documents Incorporated

A. The Glossary of Terms which follows our signatures is incorporated into this contract as though

included in full as p art of this agreement.

B. This agreement incorporates by reference certain documents which define and describe the Work to

be done. The following documents are incorporated as t hough included in full as part of this agreement.

1. Plans

Plans dated ____/____/____

Consisting of _______ sheet(s)

Prepared by ___________________________________________________________________________

Last changed on ____/____/____

And further identified as _________________________________________________________________

2. Specifications

Specifications dated ____/____/____

Consisting of _______ sheet(s)

Prepared by ___________________________________________________________________________

Last changed on ____/____/____

And further identified as _________________________________________________________________

3. Detailed Drawings

Detailed Drawings dated ____/____/____

Consisting of _______ sheet(s)

Prepared by ___________________________________________________________________________

Entitled _______________________________________________________________________________

And further identified as _________________________________________________________________

4. Shop Drawings

Shop Drawings dated ____/____/____

Consisting of _______ sheet(s)

Prepared by ___________________________________________________________________________

Entitled _______________________________________________________________________________

And further identified as _________________________________________________________________

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5. Schedule

Schedule dated ____/____/____

Consisting of _______ sheet(s)

And further identified as _________________________________________________________________

IX. Ownership of Plans

A. All Plans, Drawings, Specifications and other documents prepared by or for Owner for use under

this agreement are the property of Owner and remain the property of Owner. Plans, Drawings and

Specifications, whether in paper or electronic form, prepared for use in construction under this agreement

shall not be modified or used on any other project without written consent of Owner. Contractor shall hold

harmless and Indemnify Owner from and against any and all Claims, actions, suits, costs, damages, losses,

expenses and attorney's fees arising out of use of the Project Plans, Drawings, or Specifications for any

purpose other than construction to be completed under this agreement. Contractor and Subcontractors are

granted a limited license to use and reproduce applicable portions of the Plan s, Specifications and

Drawings as required for construction under this agreement. All copies made under this license shall bear a

notice showing Owner as copyright holder. All Plans, Drawings, Specifications and other documents

prepared for use in construction under this agreement are to be returned to Owner at completion of the

Work or termination of the contract. Contractor may retain one record set of the Plans, Drawings and

Specifications. All other sets shall be accounted for by Contractor and retu rned to Owner. Submittal or

distribution of Project Plans, Drawings or Specifications to meet Official Regulatory Requirements is not

to be construed as publication in derogation of the rights of Owner.

X. Plans on Site

A. Contractor will keep a full set of Project Plans available on-site to authorized personnel during the

period of construction.

XI. Documents Supplied to Contractor

A. Owner will furnish to Contractor at no cost:

1. A full set of Plans and Specifications for all trades in electronic format.

2. Contractor will distribute Contract Documents as required by Subcontractors.

XII. Scope of Work

A. Contractor shall supervise and direct the Work and accepts responsibility for construction means,

methods, techniques, sequences and procedures required to com plete the Project in compliance with the

Contract Documents.

B. Contractor is responsible for coordination of the various trades and deliveries of equipment,

materials and supplies to minimize interference which could delay the Work or pose a hazard to life or

property. Contractor shall be responsible for allocation of tasks between trades and will be the final

authority on location and routing of equipment and storage of materials on the Job Site.

C. Contractor will ensure that Subcontractors, their agents, and employees adhere to these Contract

Documents. Contractor accepts responsibility for all Work performed under this contract, including Work

performed by employees of Subcontractors. Contractor will settle disputes among Subcontractors and

between Contractor and Subcontractors so that disagreements do not delay completion of the Work or

affect quality of the Work.

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D. Contractor shall make a best effort to adopt and implement policies and practices designed to

minimize Work stoppages, slowdowns, disputes or strikes. Except as may be specifically provided

elsewhere in this or a separate agreement, Contractor is not liable to Owner for damages suffered by

Owner as a result of Work stoppages, slowdowns, disputes or strikes. Contractor shall allocate labor tasks

among the various trades in accordance with local custom, rules, jurisdictional awards, regulations, and

decisions, regardless of any classification by the Contract Documents.

E. Contractor shall provide on the Job Site during the period of construction a temporary chemical

toilet or water closet which shall be serviced no less than weekly. Upon completion of the Project,

Contractor will remove temporary toilet facilities from the site.

F. Contractor shall provide temporary elevators and lifts as may be required by construction personnel,

including Subcontractors, Material Suppliers, Inspectors, and Representatives of Owner. Elevators and

lifts will comply with all federal, state and local Laws and ordinances in effect at the Job Site. Upon

completion of the Project, Contractor will dismantle and remove temporary elevators and lifts.

G. Contractor shall develop and present to Owner for approval (which shall not be withheld

unreasonably), a site logistics plan drawn to scale, showing proposed secure and fenced areas, locations

and types of temporary barricades, material storage and staging areas, property entrances used for

material deliveries, and special material or equipment storage Requirements. This plan will includ e a

description and proposed location for any temporary office, storage trailer, sanitary facilities, and parking

for construction personnel.

XIII. Submittals

A. Shop Drawings will indicate in detail all parts of the building components, Inst allation details, and

coordination with Work of other trades or other Contractors. Shop Drawings for structural steel, timbers

and pre-cast concrete will include engineering calculations, fabrication details and erection Drawings that

show physical characteristics, dimensions, shapes, inserts, attaching points and methods, and other

information required for manufacture, assem bly and erection, in com p liance with the Contract

Documents.

B. Approval by Owner's Representative does not relieve C ontractor of responsibility for compliance

with the Contract Documents except as follows: If a Submittal does not comply with Contract

Documents, Contractor will attach to the Submittal, prior to approval, a written request for var iation

showing the change in Contract Price and Contract Time, if any, that will result from the variation. If

Owner's Representative approves a Subm ittal which includes a written request for a variation and which

requires a change in the Contract Price or Contract Time, Owner's Representative will issue a contract

Modification confirming the change. If Owner's Representative approves a Submittal with a written

request for a minor variation which does not require a change in the Contract Price or Contract Time, no

contract Modification is needed. A minor variation is anything which does not materially alter the quality

or performance of the Work. Approved variations are subject to all terms of this agreement and without

prejudice to any rights granted to Owner's Representative under a Surety Bond.

C. Contractor is entitled to expect that corrections to Submittals by Owner's Representative be clearly

noted and easily understood so that prompt resubmission is possible without further instructions from

Owner's Representative.

D. Owner's Representative will review Submittals and notif y Contractor of approval or rejection

within _______ Calendar Days of receipt.

E. Owner's Representative will re view Submittals of Contractor for conformance with Requirements

of the Contract Documents and will approve or take other appropriate action upon those Submittals.

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Owner's Representative will adv ise Contractor of any errors or omissions which Owner's Representative

may detect during this review. Submittals approved by Owner's Representative become additions to the

Contract Documents and can be relied on by Contractor in completing the Work. Nothing in any

approved Submittal shall be interpreted to limit Contractor in selection of the means, method, technique,

sequence or procedure of construction.

XIV. Record Documents

A. Contractor will note on a record set of Project Drawings any Work done that is not shown on the

original Plans and not described in other Contract Documents. The record set of Project documents will

be delivered to Owner at the same time as final payment is requested.

XV. Job Site Safety

A. Contractor will at all times take all reasonable precautions for the safety of employees and the

public at the Job Site and will comply with all applicable safety Laws and regulations of federal, state,

and local authorities (including building codes) and safety Requirements of Owner.

XVI. Hazardous Materials Used in Construction

A. Except as provided elsewhere in the Contract Documents, Contractor is responsible for all

Hazardous Materials brought to the Job Site by Contractor or Subcontractors.

XVII. Hazardous Materials Discovered on Site

A. Except as provided elsewhere in the Contract Documents, Owner is responsible for all Hazardous

Materials discovered on the Job Site so long as those materials were not brought on the Job Site by

Contractor, Subcontractors, or anyone directly or indirectly employed by them. Nothing in this paragraph

shall relieve Contractor from liability for negligence in handling or removing Hazardous Materials as

required under the terms of this agreement.

B. Except as provided in the Contract Documents or as agreed by mutual consent, Contractor shall not

be required to perform Work relating to asbestos, polychlorinated biphenyl (PCB), radioactive material,

toxic mold or any other Hazardous Material.

C. Owner shall defend, Indemnify and hold harmless Contractor from and against all loss, liability,

claims, costs, damage and economic detriment of any kind whatsoever, or expense (including attorney's

fees) that arises out of or results from the discovery or existence of Hazardous Material on the Job Site,

whether or not identified in the Contract Documents, provided such loss, liability, costs, damage and

economic detriment is not the result of any negligent act or omissions of Contractor, Subcontractors or

anyone directly or indirectly employed by them. Indemnification by Owner under this paragraph shall

apply even if Owner is in no way responsible for the loss to Contractor.

XVIII. Compliance with Law

A. Contractor and Owner mutually commit to use reasonable care to meet the Requirements of state,

federal and local Law when discharging their responsibilities under this agreement.

B. If Contractor observes that Drawings, Specifications, or other Contract Documents do not comply

with applicable Law, Contractor shall promptly notify Owner or Owner's Representative of the variance.

Any changes made to the Contract Documents as a result of this notice shall be handled in the form of a

Change Order under this agreement.

C. Contractor shall bear none of the cost of correcting Work completed according to Contract

Documents but not in compliance with Law if Contractor did not know that Contract Docum ents or

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instructions from Owner or Owner's Representative did not comply with the Law.

D. If Law enacted after the Contract Date changes the Scope of Work under this agreement, Contractor

and Owner will execute a Change Order adjusting the Contract Price and Contract Time to accommodate

the change in the Scope of Work.

XIX. Survey

A. Owner will employ an engineer or licensed land surveyor to establish lines, points and levels

adequate to lay out alignment and elevations for the Project. Owner is responsible for accuracy of the

survey marks and other site information supplied to Contractor. Contractor shall promptly notify Owner

of any discrepancies found in survey markers or other site information supplied by Owner.

B. If Contractor suffers any loss or delay due to inaccuracy of the Job Site survey supplied by Owner,

Contractor shall be entitled to an adjustment in the Contract Price and Contract Time, including damages

for delay, shutdown and startup expense, lost profits and consequential damages.

C. Contractor shall maintain and preserve all survey monuments, markers, hubs and stakes on the Job

Site until authorized or required to remove them. If such marks are lost, moved or destroyed while still

needed to complete the Work, Contractor will have the marker reset by a licensed land surveyor or

engineer at no cost to Ow ner.

D. Owner will provide Contractor with all relevant site information available to Owner, such as

information about soil conditions, easements, utility lines (whether on or adjacent to the site), floodplain

maps, fault maps, and existing improvements. These are not Contract Documents and Owner makes no

warrant on the accuracy of information provided to Contractor under the terms of this paragraph.

XX. Layout

A. Contractor shall be responsible for alignment and elevation of the Work and will set grade stakes,

batter boards, and other working points, lines and elevations required to complete the Project as described

in the Contract Documents.

XXI. Permits and Fees

A. Contractor shall secure all permits, licenses and renewals required by government authority to

complete construction of the Project. If permits are required for Subcontracted Work, Subcontractors will

secure those permits. Owner shall assist Contractor in responding to requests for information from the

permit-issuing authority. Contractor shall provide Owner a copy of each permit, license and renewal

issued by government authority for the Project.

B. Owner will pay the building permit fee, Plan check fee, and charges levied by government for

testing, Inspection and Re-Inspection of the Project.

C. Except as provided elsewhere in this agreement, Owner will pay all fees and application charges

imposed by government authority, including, but not limited to, grading permit fees, drainage permit fees,

traffic control charges, thoroughfare charges, impact fees, special district fees, sewer fees, water fees,

planning fees, school fees, elevator permit fees, charges for temporary access or use of the public right of

way, and charges for document processing, hearings, and certifications. Owner will also pay all fees and

application charges imposed by any association of property owners having authority over the Job Site.

D. Except as provided elsewhere in this agreement, Owner will pay all application fees and connection

charges imposed by utility companies or government agencies for bringing service to the Job Site, and

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for connecting gas, water, electricity, phone, cable, sewer, and drainage lines.

E. Except as provide d elsewhere in this agreement, Owner will secure all approvals for the Project that

are required by government authority, including planning, easements, remediation, environmental, and

zoning approvals.

XXII. Taxes

A. If any federal, state or local tax rate increases or if any n ew federal, state or loc al tax is imposed,

whether by Law, regulation, or interpretation, between the Contract Date and Substantial Completion, the

Contract Price shall be increased by the addition al tax levied on Contractor, but only to the extent that the

change in rate or new tax could not have been reasonably foreseen on the Contract Date.

XXIII. Temporary Utilities

A. Contractor shall pay all costs associated w ith use of tem porary utilities on the Job Site during

construction, including application fees, perm its, engineering, and metered service for water, electric

power, heating and cooling. Temporary utility systems provided by Contractor shall be designed and

installed to protect the public and construction personnel and conform with applicable Laws and

Regulations.

B. Utility services shall be re-listed in the name of Owner on the Calendar Day following Substantial

Completion, and Owner shall pay for utility services after that date.

XXIV. Permanent Utilities

A. Owner shall secure and pay for Installation, connection, and modification of permanent electric,

water, phone, cable, sewer and gas service as required for the completed Project.

XXV. Job Cleanup

A. Contractor shall regularly remove from the Job Site and storage areas all surplus material, waste

and debris resulting from the Work. Construction debris shall be removed to a legal refuse collection site

with disposal or recycling fees paid by Contractor. At completion of the Work, Contractor shall, in

addition, remove from the Job Site all tools, equipment and scaffolding brought to the Job Site by

Contractor or Subcontractors. At Substantial Completion, exposed finishes of windows, doors, floors,

walls, ceilings, fixtures and trim shall be cleaned and free of grime, stains, over spray, dirt and dust.

B. Contractor shall provide a trash disposal facility on the Job Site for use by construction personnel.

The on-site trash facility provided by Contractor shall be of an appropriate size for the Project and placed

in a location approved by Owner. All construction debris shall either be placed in the trash facility

provided by Contractor or hauled to a legal disposal site, at the discretion of Contractor. When any trash

container provided by Contractor is full, contents shall be removed to a legal disposal facility at the

expense of Contractor.

XXVI. Project Sign

A. Contractor shall fabricate and erect a Project sign designed by Owner's Representative and bearing

the name of the Project, Prime Contractor, principal Subcontractors, designers, consultants, lead lender, a

short Project description, and expected Completion Date. Location of the Project sign will be designated

by Owner or Owner's Representative. Contractor may erect directional signs at the Job Site with approval

of Owner with respect to size, style and location. Directional signs may bear the name of Contractor and a

directional symbol. No other signs will be permitted except by permission of Owner.

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XXVII. Project Superintendent

A. Contractor shall employ a competent Superintendent and any necessary assistants or alternates, all

approved by Owner or Owner's Representative. The Superintendent shall not be changed except with the

consent of Owner or Owner's Representative, unless the Superintendent is discharged by Contractor. The

Superintendent shall have authority to represent Contractor in all matters relating to the Project.

Communications with the Superintendent shall have the same force and effect as direct communication

with Contractor.

B. The Project Superintendent shall be ab le to read, write, and communicate in the English language.

XXVIII. Emergency Response

A. In any Emergency threatening the health, safety or life of persons or serious and immediate damage

to property, Contractor shall use best efforts and full discretion without special instruction or

authorization from Owner to prevent the threatened damage, injury or loss. When directed by any

authority, Contractor shall provide Emergency assistance without special instruction or authorization from

Owner. However, Contractor shall notify Owner promptly if Contractor believes any significant changes

in the Work or variations from Contract Documents have been caused by the Emergency response.

B. Provided Contractor is not responsible for the Emergency condition and provided the additional

cost to Contractor for the Emergency response is not covered by insurance or recoverable from others,

Contractor shall be granted a Change Order to compensate for the Emergency response.

XXIX. Owner's Responsibilities

A. Owner affirms that Owner has the right to enter into this agreement and has the right to contract for

construction of the Project on the Job Site. Owner shall pay all taxes and assessments due on the Job Site

during the period of construction and shall take all reasonabl e actions required to protect marketab le title

to the Job Site.

B. Owner will ensure that Owner's Representative responds in writing and with reasonable promptness

to written requests from Contractor for (1) interpretation of the Plans or Specifications, or (2) other

information relevant to completion of the Work. Contractor is authorized to rely on written responses

from Owner's Representative.

C. Owner shall have sole responsibility to secure financing for the Project and shall pay all fees,

charges, or other costs of such financing, including Inspection fees charged by any lender. The

nonperformance of any lender shall not affect the obligation of Owner to Contractor. Owner hereby

authorizes and directs any lender on the Project to furnish Contractor with full information on undisbursed

loan proceeds when requested by Contractor.

D. Owner will not interfere with or permit others to interfere with, stop, hinder, or delay completion of

the Work by Contractor or Subcontractors except as prov ided under this agreement.

XXX. Construction by Others

A. Owner shall neither hire nor retain Separate Contractors, Subcontractors, employees or agents of

Owner to perform Work on the Job Site while Work is being done under this agreement by Contractor.

XXXI. Authority of Owner's Representative

A. Owner's Representative has authority to administer the contract, ma ke construction decisions on

behalf of Owner, and is the primary authority on issues of compliance with the Drawings and

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Specifications, quality of workmanship, materials used, manner of performance, and rate of progress on

the Project.

B. After the Contract Date, Owner shall make no change in the responsibilities or authority of Owner's

Representative without consent of Contractor.

C. Owner's Representative shall have the right to visit the Project and view Work in progress at any

time. Any Defective Work found or suspected, either as the result of a site visit or otherwise, shall be

reported promptly to Contractor. No actions taken or statements made during site visits shall relieve

Contractor of obligations described in the Contract Documents.

D. Communication between Contractor and Owner shall be initiated through Owner's Representative

unless direct communication is required by Law or Contract Documents. Unless otherwise authorized by

Contractor, communications between Owner's Representative and Subcontractors or Material Suppliers

shall be through Contractor. Communications by Contractor and Subcontractors with Separate

Contractors shall be through Owner's Representative. Communications between Contractor and

consultants to Owner's Representative shall be through Owner's Representative.

E. Owner's Representative shall have the authority to reject and order removed any portion of the

Work which does not conform to the Contract Documents.

F. Owner's Representative shall have authority to conduct Inspections in connection with Beneficial

Occupancy and to determine the dates of Substantial Completion and Final Completion.

XXXII. Representations by Contractor

A. Contractor shall use skill and attention to com plete the W ork in a timely manner consistent with the

Contract Documents.

B. Owner has reported to Contractor all conditions known to Owner which may not be apparent to

Contractor and which might significantly increase cost of the Work or delay completion. These concealed

conditions include, but are not limited to, hazards on the Job Site, unsu i table soil co nditions, prior

Defective Work of others, latent Defects in the Plans or Specifications, ea rlier attempts to do Similar or

related Work, and obligations imposed by government.

XXXIII. Disclaimer by Owner, Reliance by Contractor

A. Owner has provided Contractor with information on subsurface or concealed conditions at the Job

Site. Except to the extent that Contractor knows this information to be false, Contractor is entitled to rely

on the accuracy of this information.

XXXIV. Discrepancy Between Plans and Field Conditions

A. Contractor is not a Design Professional and has no obligation to find discrepancies between Job Site

conditions and representations or Requirements in the Contract Documents.

B. Contractor shall not be liable for discrepancies between representations or Requirements in the

Contract Documents and conditions at the Job Site unless Contractor knowingly fails to report a

discrepancy, in which case Contractor shall be liable for additional costs incurred as a result of failure to

give prompt notification.

C. If any concealed structure, water, power, waste, drain or gas line is uncovered or revealed d uring

construction which is not as ind icated in the Contract Documents or is inconsistent with information

provided by Owner, Contractor shall promptly, and before any such structure or line is disturbed or

damaged (except in an Emergency), notify Owner or Owner's Representative. Contractor shall submit a

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