Construction Contract Agreement (this “Agreement”) is made as of the date listed and between __(field filled above)__(Client”) and Apex Watershape, a Tennessee company which is a d.b.a of Anglin Concrete, LLC, located at 208 Natcor Dr, Dover, TN 37058 with contractor’s license number 82072, (“Contractor”). Client and Contractor may each be referred to in this Agreement individually as a “Party” and collectively as the “Parties”.
The Parties agree as follows:
1. Description of Work. Contractor shall perform the following described work at (listed above), (the “Property”), in accordance with Client’s contrast plans and specifications, this Agreement and any Change Order, as defined herein, (collectively, the “Contract Documents”). Industry terminology used in any Contract Documents which are not defined shall be interpreted as having the same meaning as that recognized in the construction industry in the area where the Property is located.
2. Contract Price and Payments. Client agrees to pay Contractor the total amount of $(listed above) (the “Contract Price”). Payments of this amount is subject to additions or deductions in accordance with any mutually agreed to changes and/or modifications in the Work. Payment ill be made by cashier’s check, cash, or credit card according to the following schedule:
A deposit due upon the execution of this agreement.
$10% due upon Downpayment (excluding design).
$20% due upon Excavation.
$20% due upon Gunite/Pool Construction.
$15% due upon Pool/Spa Equipment.
$15% due upon Tile/Coping
$10% due upon Decking.
$7% due upon Plaster/Liner.
$3% due upon (Substantially complete)
Balance due upon completion of the Work.
(Change Order)
(Change Order)
(Change Order)
(Change Order)
(Change Order)
3. Certificate of Completion. Work under this Agreement shall begin on (listed above). Upon completion of the Work, the Contractor shall notify Client that the Work is ready for final inspection and acceptance and Client shall make the final payment within Zero (0) days after final inspection, unless another payment arrangement has been made.
1. Substantially Complete: When the project is fit for use for its intended purposes. When the project has water in it, and the equipment system is running without error, and the decking is finished, this will trigger the last “Final” payment being due.
Original Sub________________ Changed Sub_______________
4. Materials and Labor. Contractor shall provide and pay for all labor and equipment, including tools, construction equipment, machinery, transportation and all other facilities and services, and all materials necessary for the completion of the Work. All materials shall be good quality and new, unless the Contract Documents require or permit otherwise. Contractors may substitute materials only with the prior written approval of Client.
Total Job__________________
4.1 Scope of Work. (Detail price list with detailed finishes.) See Exhibit “___”
5. Licenses and Permits. Contractor shall obtain all licenses and permits necessary for proper completion of the Work. Contractor is responsible for the cost of any necessary permits or licenses.
6. Laws and Regulations. Contractor shall perform the Work in a workmanlike manner and in compliance with all applicable federal, state, and local laws regulations and ordinances, trade standards, ethical guidelines, and any safety requirements of Client (the “Applicable Laws”). The contractor shall promptly notify Client upon discovery of any variance between the Applicable Laws and the Construction Documents.
7. Supervision of Construction. Contractor shall be solely responsible for and shall supervise and direct all construction under this Agreement. The Contractor shall provide competent and suitable personnel to perform the work and shall at all times maintain good discipline ad order at the Property. Contractor will at all times take all reasonable precautions for the safety of its employees and the public at the Property. Contractor agrees to assume full responsibility for the acts, negligence and/or omissions of its employees and any subcontractors and their employees.
8. Record Documents. Contractor shall maintain in a safe place at the Property one copy of all drawings, specifications, addenda, written amendments, and the like in good order and annotations to show all changes made during construction, which will be delivered to Client upon completion of the Work. Client shall have the right to inspect and review such documents upon five (5) days written notice to Contractor.
1. Design/ Build. Blueprints. Design and blueprints shall be excluded from Apex Watershape, and will be paid to a 3rd party company.
2. Construction Plan and Schedule as shown on Exhibit “____”.
9. Utilities. Client shall pay for all permanent electric, water, phone, cable, sewer, and gas service as needed to perform the Work. Client shall pay for the installation, connection, and removal of all temporary utilities on the Property during the performance of the Work. All temporary utilities shall conform and adhere to the Applicable Laws.
10. Hazardous Materials. Except as otherwise provided in the Contract Documents, Contractor shall be responsible for all Hazardous Materials brought to the Property by Contractor. Hazardous Materials shall include radioactive materials, asbestos, polychlorinated biphenyls, petroleum products, crude oil, flammable materials, chemicals, or solvents known to cause cancer or reproductive toxicity, pollutants, contaminants and toxic substances which are restricted, prohibited or regulated by any agency of government in its manufacture, use, maintenance, storage, ownership or handling. If Contractor discovers any Hazardous Materials on the Property, contactor shall immediately notify Client and may cease working until the material or substance has been rendered harmless. Client shall defend, indemnify and hold harmless Contractor, any subcontractors, and their respective agents and employees from and against all claims, damages, losses and expenses, including attorney’s fees, arising out of or resulting from contact with the Hazardous Substance in performance of the Work resulting in bodily injury, illness or death, or injury or property damage, provided such claim, damage, loss or expense is not the result of any negligent act or omission by the party seeking such indemnity.
11. Warranty. Contractor warrants that the Work shall be in accordance with the Contract Documents, applicable law, and trade standards and free from material structural defects, improper workmanship, or defective materials. Contractor shall replace, correct, or repair any Work not in accordance with the Contract documents, applicable law and trade standards or any defects caused by faulty materials, equipment, or workmanship for a prion of one year from the date of completion of the Work. Nothing in this Section 11 shall be construed to place a time limit with respect to any other obligation Contractor may have under this Agreement.
11.1 If underground water/ cave/ debris, etc is found and owner decides to proceed with project Client assures all responsibility for work and no warranty will be honored by contractor.
12. Condition of the Property. Contractor agrees to keep the Property and adjoining driveways free and clear of waste material and rubbish. The Contractor shall confine the storage of material and equipment and the operations of employees to the Property and shall not unreasonably encumber the Property with materials or equipment. Contractor shall be fully responsible for any damage to the Property or areas shall remove all waste materials, rubbish, and debris from and about the Property as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the Property clean and ready for occupancy by Client.
1. Are not responsible for fences, playground, leach fields, septic tanks, increase of utility size in piping, scratches, scrapes in concrete from use, sprinklers, moving of walls, trees, shrubs, driveway integrity, asphalt damage, concrete damage.
2. Soils- Contractor shall be furnished a current soil science report / geo report of the Property. If Client refuses, contractor is not responsible for structure built or unbearable soil. Client will take all responsibility if the geo test is denied, and no warranty will be honored.
13. Inspection. The Client shall have a right to inspect the Work at any time and request that the Contractor promptly correct any Work that is defective or does not conform to the Contract Documents. If required, the work is inspected and certified by the appropriate state or local agency or health officer at each necessary stage.
14. Right to Stop Work. If client does not pay the Contractor pursuant to the order of draws on the payment schedule, contractor, at Contractor’s option, may immediately stop work until payment has been made by bank check received.
15. Subcontracts. Intentionally omitted.
16. Work Changes. Client may request change orders to the Work in the nature of additions, deletions or modifications, without invalidating this Agreement, and agrees to make corresponding adjustments in the Contract Price and time of termination if appliable. All changes will be authorized in a written “Changed Order” signed by Client and Contractor and subcontractor shall be in accordance with the terms of this Agreement and the Contract Documents.
1. Change Order. Change Order will be attached to this document. Final payment amount will be updated as needed. Change Order payments will be re quired to be made at the time of execution of the written Change Order.
2. Change Order – Special Materials: No returns, Client to pay all extra travel, fuel, shipping charges plus 40% for all Change Orders
3. NOTE: MAKING A CHANGE ORDER WILL DELAY CONSTRUCTION SCHEDULE. No new Completion Date(s) will be issued once Change Order signed.
17. Other Contractors. Intentionally omitted.
18 Cancellation/ Work Stoppage. What is in the ground is the responsibility of Client and contractor is not responsible. Ex. Soil, Rock, Lines, Shrubs, Landscaping, Oil, Gold, etc. Subsurface materials/ conditions are not the responsibility of the Contractor. At any time, the Client can ask the contractor of re-fill, compact, and discontinue job. The Contractor will charge for appropriate fees for this, but rest of contract can change.
19. Contractor’s Insurance. Contractor agrees to maintain at its own expense during the entire period of construction at the Property.
(a) General Liability Insurance. Such General Liability Insurance as will protect contractor from claims for property damage and bodily injury, with limits of liability mot less than $1,000,000.00 for each occurrence.
(b) Workers’ Compensation Insurance. Such workers’ compensation and employee’s insurance as required by law.
(c) Automobile Liability Insurance. Such automobile liability insurance with limits of liability not less than $1,000,000.00.
20. Waiver of Subrogation. Client and Contractor each waive any and all claims or rights to recovery against the other Party for any loss or damage to the extent such loss or damage is covered by insurance or would be covered by any insurance required under this Agreement. Client and Contractor shall cause each insurance policy carried by Client or Contractor relating to the Property to include or allow a full waiver of any subrogation claims. (Master Services Agreement?)
21. Time of Essence. All times stated in this Agreement or in the Contract Documents are of the essence. Contractor agrees that such times are reasonable for performing and completing the Work.
22. Extension of Time. The times stated in this Agreement may be extended for such reasonable time as Contractor may determine when performance of the Work by Contractor is delayed by a Change Order, labor disputes, fire, unusual delay I delivers abnormal adverse weather conditions, unavoidable casualties, or other causes beyond Contractor’s control or which justify the delay.
22.1 Rain delay – There will be a two (2 ) day extension for every 1 day of rain (weatherchannel.com shall be used for verification of rain)
23. Early Termination for Breach of Contract.
A. Contractor’s Termination. Contractor may, on three (3) days’ written notice to Client, terminate this Agreement before the completion of the Work when far a period of fifteen (15) days after a progress payment is due, through no fault of Contractor, Client fails to make the payment. On such termination Contractor my recover from Client payment for all Work completed and for any loss thereon, plus loss of a reasonable profit.
B. Client’s Termination. Client may, on fifteen (15) days’ written notice to Contractor, terminate this Agreement before the completion of the Work, and without prejudice to any other remedy Client may have when Contractor defaults in the performance of any provision of this Agreement, or fails to carry out performance of the Work in accordance with the provisions of the Contract Documents. If the unpaid balance on the Contract Price at the time of the termination exceeds the expenses of finishing the Work, Client shall pay such excess to Contractor.
24. Disputes. Any dispute arising from this Agreement shall be resolved in the courts of Stewart County, Tennessee.
25. Attorneys’ Fees. If either Party brings legal action to enforce its rights under this Agreement, the prevailing party will be entitled to recover from the other Party its expenses (including reasonable attorney’s fees and costs) incurred in connection with the action and any appeal.
26. Counterparts. This Agreement maybe executed in one or more counterparts, each of which shall be deemed an original and all of which together, shall constitute one and the same document.
27. Headings. The section headings herein are for reference purposes only and shall not otherwise affect the meaning construction or interpretation of any provision of this Agreement.
28. Notices. Any notice or communication given or made to any Party under this Agreement shall be in writing and delivered by hand, sent by overnight courier service or sent by certified or registered mail, return receipt requested, to the address stated above or to another address as that Part may subsequently designate by notice and shall be deemed given on the date of delivery.
29. Assignment. No Party hereto shall have the right to assign its rights or delegate its duties hereunder without the written consent of the other Party, which consent shall not be unreasonably withheld.
30. Binding Effect. This Agreement shall be binding and inure to the benefit of the Parties and their respective legal representative, heirs, administrators, executors, successors and permitted assigns.
31. Governing Law. This Agreement and the rights and obligations of the Parties hereto shall be governed by and construed I accordance with the laws of the State of Tennessee, without regard to its conflict of law’s provisions.
32. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid, legal and enforceable as though the invalid, illegal or unenforceable part had not been included in this Agreement.
33. Entire Agreement. This Agreement contains the entire agreement between the Parties hereto with respect to the subject matter hereof, and superseded all prior negotiations, understanding and agreements.
34. Amendments. This Agreement may not be amended or modified except by written agreement signed by all of the Parties.
35. Waiver. No Party shall be deemed to have waived any provision of this Agreement of the exercise of any rights held under this Agreement unless such waiver is made expressly and in writing. Waiver by any Party of a breach or violation of any provision of this Agreement shall not constitute a waiver of any other subsequent breach or violation.
36. Survival. The obligations of contractor expressly identified in this Agreement, or those by operation of law, shall survive the completion of Work or termination of this Agreement.
37. Industry Language. The language used for terms of this Agreement unless otherwise defined, shall be construed according to the customary meaning within the construction industry in the area where the Project is located and for the type of Work being performed.
37.1 Unit Key
CY – Cubic Yard
DAY – Day(s)
EA – Each
FT – Feet
HR- Hour(s)
ISF – Interior Square Feet
LF- Linear Feet
LS – Lump Sum
MI – MILE
MO – Month(S)
PF – Perimeter Feet
SF- Square Feet
WK- Week(s)
38. Independent Contractor. Contractor acknowledges that it is an independent contractor and is not an agent, partner, joint venture not employee of Client. Contractor shall have no authority to bind or (not legible) obligate Client in any manner nor shall contractor represent to anyone that it has the right to do so, (not legible) agrees that in the event that the company suffers loss or damage as a result of a violation of this provision Contractor shall indemnify and hold harmless Client from any such loss or damage.
39. Rights of Third Parties. Nothing in this Agreement shall cete or give to any third party a claim or right of action against Contractor or Client.
40. OPITIONAL Authorizations
· Can take photos of jobs.
· Can use charts for references.
· Can be used for social/media/ promotional reasons.
· Can use it for job award presentation/ contest.
41. Disclaimers-
· Natural stone (coping, decking, walls, columns, water features, fireplaces, firepits) can chip and expose another (natural) color.
· Concrete will crack. There is no time limit or warranty given on concrete that cracks.
· Pool finishes: some pool finishes can discolor from original color designed due to items out of contractor’s control.
· Absolutely NO SALT WATER OR SALT SYSTEM will ever be installed on pool(s)/ watershape(s). If installed, it will void all warranties for any and all work.
· Pool Contractor will be available 9 a.m. – 4 p.m., Monday – Friday Only! Weekend calls can be taken at $500.00 per call received.
I. Due to potentially sudden and unexpected price increases in raw materials and goods used in the construction of all projects, estimates and proposals are valid for (7) seven calendar days.
II. NOTE THAT SOME ITEMS MAYBE LISTED WITH $0.00. These items are NOT included. These are listed quantity for notes for potential items that could become part of the Scope of Work. Some of the $0.00 items are specific fees that are not included but may apply (e.g. Pull-Off charges when certain crews are pulled off the job because the progress payment has not been made in a timely manner.)
III. THIS SCOPE OF WORK SUPERSEDED ALL PLANS!! Where discrepancies occur between the plans and specification and this Scope of Work, the scope of Work shall be that binding document for the labor and materials provided for the project. The project price is determined by this Scope of Work and the plans and specifications may include concepts and references to work provided by others for future work. Therefore, it is critical that this Scope of Work be compared with the plans and specifications and any discrepancies be brought to the attention of the Project Manager Immediately!
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.