This form is designed for use between Roofing Contractors and Property Owners and may be executed with either a cost plus or fixed fee payment arrangement. This contract addresses such matters as change orders, work site information, warranty and insurance. This form was specifically drafted to comply with the laws of the State of Texas.
A general contractor agreement with an owner is a legally binding document that outlines the terms and conditions agreed upon by the owner and a general contractor for a construction project. This agreement helps both parties clarify their expectations and responsibilities, ensuring a smooth and successful project completion. General contractor agreements may vary depending on the specific needs of the project, but they generally include the following key elements: 1. Scope of work: This section states the description and scope of the construction project, including specific details such as the location, size, and purpose of the project. It outlines the tasks the general contractor will perform and any limitations or exclusions. 2. Timeline: This portion defines the project start and end dates, outlining key milestones and deadlines. It may also address potential delays and how they will be handled. 3. Payment terms: The agreement specifies the payment method and schedule, including the total project cost, progress payments, and any penalties for late payments. The agreement may also include provisions for change orders and how additional costs and modifications will be handled. 4. Insurance and liability: This section outlines the insurance coverage required by the general contractor and any liability limitations. It typically includes provisions for indemnification and holds harmless clauses to protect both parties from potential legal actions. 5. Materials and sub-contractors: This part defines the quality standards for materials and equipment to be used. It may also address the general contractor's responsibility for hiring and overseeing subcontractors, including their licensing and insurance requirements. 6. Dispute resolution: This section outlines the procedure for resolving any disputes that may arise during the project, such as mediation or arbitration, avoiding costly litigation. 7. Termination clauses: The agreement may include provisions for termination, including the conditions under which either party can terminate the contract and the consequences of termination, such as payment for work completed and rectification of incomplete work. Types of general contractor agreements with owners can include: 1. Lump sum agreement: This is the most common type of agreement where the general contractor is paid a fixed amount for the entire project, regardless of actual costs incurred. 2. Cost-plus agreement: In this type of agreement, the owner reimburses the general contractor for actual project costs (including labor, materials, and overhead) plus an agreed-upon percentage or fee. This provides transparency but can lead to uncertain project costs. 3. Time and materials agreement: This agreement entails reimbursement based on the actual time spent by the general contractor's team (at an agreed-upon hourly rate) and for materials purchased, with an added markup percentage for profit and overhead expenses. In conclusion, a general contractor agreement with an owner is a comprehensive document that protects the interests of both parties involved in a construction project. By clearly defining the project's scope, timeline, payment terms, and other important factors, this agreement serves as the foundation for a successful collaboration.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
