Lumious Building Construction Contract
This is a contractual agreement between [PARTY A] and [PARTY B] with [PARTY A] being the contractor providing construction services and confirming that [PARTY B] is the hiring party.
1. Contract Description
This Lumious Building Construction Contract (the Contract) is entered into by and between [PARTY A] and [PARTY B] and pertains to the provision of construction services for the Lumious Building located at [ADDRESS] (the Project).
2. Services
[PARTY A] agrees to provide construction services, as outlined in the attached Scope of Work, which is hereby incorporated into this Contract, and includes, but is not limited to, all labor, supplies, and equipment related to the completion of the Project (the “Services).
3. Performance of Services
[PARTY A] shall perform the Services in accordance with all applicable laws, and shall ensure the quality and punctuality of the Services. [PARTY A] shall utilize all reasonable safety measures, properly maintain the premises and equipment, and use due care in performing the Services.
4. Payment
[PARTY B] shall pay [PARTY A] for the Services rendered under this Contract. [PARTY B] shall make payments as follows: [PAYMENT SCHEDULE]
5. Warranty
[PARTY A] warrants that all work, labor, and equipment provided under this Contract shall be free from defect in materials and workmanship, shall be of workmanlike quality and good value. The warranty period shall be [NUMBER] days from completion of the Services.
6. Termination
This Contract shall be terminated by either party, in the event that:
a. Either party fails to perform its obligations as required by this Contract; or
b. Either party fails to make payment for Services rendered by the other.
Either party may terminate this Contract, without penalty, upon written notice of default from the other party, with no less than [NUMBER] days notice.
7. Liability
[PARTY A] shall not be liable for any damages resulting from: (1) interruption of work due to (a) vandalism, (b) unreasonable delays in carrying out the Project or providing the Services, or (c) defects in any materials or equipment other than those supplied by [PARTY A]; or (2) the intentional misuse or negligence of [PARTY B].
8. Indemnification
Both [PARTY A] and [PARTY B] shall indemnify and hold harmless the other party, their directors, officers, agents and employees, from and against all claims, liabilities, losses, damages, judgments, settlements, costs and expenses (including legal fees and court costs) arising out of or related to this Contract or the performance of the Services by either party.
9. Dispute Resolution
Any dispute arising out of or relating to this Contract shall be resolved by arbitration in accordance with the American Arbitration Association rules and procedures. The arbitrators decision shall be final and binding on the parties.
10. Notices
Any notices or other communications required or permitted under this Contract shall be in writing and shall be deemed to have been duly given when (a) personally delivered or (b) sent by nationally recognized overnight courier, return receipt requested, to the address of the other party in accordance with the most current address provided to the other party.
11. Miscellaneous
a. This Contract constitutes the entire agreement between the parties and supersedes all prior oral and written agreements pertaining to the subject matter hereof.
b. This Contract may not be amended or modified in any way, except in writing by both parties.
c. This Contract shall be binding upon and shall inure to the benefit of the parties, their heirs, successors and assigns.
d. This Contract shall be governed by and construed in accordance with the laws of the [STATE].
e. If any provision of this Contract is found to be invalid or unenforceable, such provision shall be severed from the remainder of the Contract, which shall remain valid and enforceable.
IN WITNESS WHEREOF, the parties hereto, hereby enter into this Lumious Building Construction Contract.
[PARTY A]
[PARTY B]
