|TX Commercial Construction I
|Bias: Light bias in favor of the contractor
Best For: A shopping center or industrial building.
This Contract Assumes the Following
- Plans have been prepared by an architectural firm working for the owner.
- The architectural firm will represent the owner during construction.
- Work starts when certain contingencies are met and must be completed in a set number of days.
- Both liability insurance and workers' compensation insurance are required.
- Both payment and performance bonds are required.
Payment Terms Checked [X] Are Selected in This Contract
|[X] Fixed price contract
[X] Includes an alternate bid
[ ] Down payment is required
[ ] Retainage will be withheld
|[ ] Cost plus contract
[X] Includes a contract allowance
[X] Financed by a lender
[X] Liquidated damages for delay
|[ ] Progress payments by job phase
[X] Includes a price per unit of work
[ ] Financed by the contractor
[X] Progress payments on a schedule
Topics Checked [X] Are Covered In This Contract
[X] Cover Page
[X] Build My Interview
[X] Details about Plans and Contract Documents
[X] Scope of the Work
[X] Design Submittals and Record Documents
[X] Site Safety, Protection and Emergencies
[X] Hazardous Materials
[X] Survey and Layout
[X] Permits, Fees and Taxes
[X] Utilities, Cleanup, Job Sign
[X] Superintendent, Architect and Engineer
[X] Subcontracts and Subcontractors
[X] Use of the Site and Adjacent Property
[X] Responsibility for Surprises in the Job
[X] Payment Terms
[X] Liens and Waivers
[X] Handling Changes in the Work
[X] Warranties, Defective Work and Call Backs
[X] Handling Claims and Resolving Disputes
[X] Insurance Coverage
[X] Liability for Damage, Indemnity and Bonds
[X] Contract Boilerplate
[X] Inspections and Testing
[X] The Work Schedule, Extensions, Delay Claims
[X] Suspension and Termination of the Job
[X] Signatures and Disclosures
Important Notes On This Contract
- Contractor collects if hidden or highly unusual site conditions increase the cost of construction.
- Requires that disputes be settled by arbitration.
- Contractor is required prepare submittal documents and keep "as built" drawings.
- An approved schedule of values will be used to calculate the amount due with each payment.
- Liquidated damages are assessed for late completion and a bonus paid for early completion.
- Includes a one-year warranty on labor and materials and a seven-year structural warranty.
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