Agreement Between Owner And Contractor-Format Template, Download Free Doc Pdf File Example

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Agreement Between Owner And Contractor Word Text Document Format

AGREEMENT BETWEEN OWNER AND CONTRACTOR

 

THIS AGREEMENT made on the            day of                  in the year two thousand and                   . 

 

BY AND BETWEEN

____________________________________________________________________________________________________________________________________________________________________

 

hereinafter called the “Owner”

 

AND

____________________________________________________________________________________________________________________________________________________________________

 

hereinafter called the “Contractor”

 

WITNESSETH:  that the Owner and Contractor undertake and agree as follows:

 

ARTICLE A-1 THE WORK

 

The Contractor shall:

 

(a) perform all the Work required by the Contract Documents for  _______________________ _____________________________________________. (See Tender Form for Description) which have been signed in triplicate by both the parties,

 

(b) do and fulfil everything indicated by this Agreement, and

 

(c) commence the Work by the              day of                         , 20       and substantially perform the Work of this Contract as certified by the Engineer/Architect by the _______ day of _________ 20   .

 

(d) The “Engineer/Architect” is the person designated as such from time to time by the Owner.

 

ARTICLE A-2 CONTRACT DOCUMENTS

 

The following is an exact list of the Contract Documents referred to in Article A-1: (SEE TABLE OF CONTENTS FOR LIST OF DOCUMENTS AND DRAWINGS).   See Attached

 

ARTICLE A-3 CONTRACT PRICE

 

THE CONTRACT PRICE IS  _______________________________________________________ which price shall be subject to adjustments as may be required in accordance with the General Conditions of the Contract. 

 

ARTICLE A-4 PAYMENT

 

(a) Subject to applicable legislation and, where such legislation does not exist or apply, in accordance with such prescribed regulations or industry practice respecting holdback percentages and in accordance with the provisions of the General Conditions of the Contract, the Owner shall:

 

(1)  make monthly payments to the Contractor on account of the Contract Price.  The amounts of such payments shall be as certified by the Engineer/Architect; and 

(2)  upon Substantial Performance of the work as certified by the Engineer/Architect pay to the contractor any unpaid balance of holdback monies then due; and 

(3)  upon Total Performance of the Work as certified by the Engineer/Architect pay to the contractor any unpaid balance of the Contract Price then due.

 

(b) If the Owner fails to make payments to the Contractor as they become due under the terms of this Contract or in any award by a court, interest at the rate and in the manner specified in Certificates and Payments, shall become due and payable until payment.  Such interest shall be calculated and added to any unpaid amounts monthly.

 

ARTICLE A-5 ADDRESSES FOR NOTICES

 

All communications in writing between the parties or between them and the Engineer/Architect shall be deemed to have been received by the addressee if delivered to the individual or to a member of the firm or to an officer of the Corporation for whom they are intended or if sent by post or by facsimile addressed as follows:

 

The Owner at: ________________________________________________________________

________________________________________________________________

________________________________________________________________

 

The Contractor at: ________________________________________________________________

________________________________________________________________

________________________________________________________________

 

The Engineer/Architect at: __________________________________________________________

__________________________________________________________

__________________________________________________________

ARTICLE A-6 SUCCESSION

 

The General Conditions of the Contract hereto annexed, and all other aforesaid Contract Documents, are all to be read into and form part of this Agreement and the whole shall constitute the Contract between the parties and subject to law and the provisions of the Contract Documents shall ensure to the benefit of and be binding upon the parties hereto, their respective heirs, legal representatives, successors and assigns.

 

IN WITNESS WHEREOF the parties hereto have executed this Agreement under their respective corporate seals and by the hands of their proper officers hereunto duly authorized.

 

SIGNED, SEALED AND DELIVERED in the presence of:

 

OWNER: CONTRACTOR

 

______________________________ ______________________________

signed signed

 

______________________________ ______________________________

name and title name and title

 

_____________________________ ______________________________

date signed / witnessed

 

______________________________

name and title ______________________________   date

 

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