A building and construction contract must fulfill the same requirements as any other type of contract in regard to the following necessary elements:
" an agreement;
" between competent parties;
" based upon the genuine assent of the parties;
" supported by consideration;
" made for a lawful objective; and
" and in the form required by law.
Such a contract generally provides not only for the construction of the project, but also for many matters that are incidental to the project. Thus, it may provide for the carrying of liability, workers' compensation, and fire insurance policies, designating which party is responsible for obtaining particular insurance. A building and construction contract will typically specify the duties, responsibilities, and liabilities of each of the parties, as well as those of any employed architect or engineer. The amount and method of compensation is, of course, an important part of such a contract.
Montgomery Maryland Basic Building and Construction Contract between Owner and Contractor is a legally binding agreement outlining the terms and conditions for a construction project in Montgomery County, Maryland. This contract establishes a clear understanding between the project owner, often referred to as the "owner," and the contractor responsible for performing the construction work. Keywords: Montgomery Maryland, Building and Construction Contract, Basic Contract, Owner, Contractor, Terms and Conditions, Construction Project, Montgomery County, Legally Binding Agreement. In Montgomery County, Maryland, there are typically two commonly used types of Basic Building and Construction Contracts between the Owner and Contractor: 1. Lump Sum Contract: Also known as a fixed-price contract, this agreement specifies a predetermined sum of money that the contractor will receive for completing the construction project. The contractor is responsible for completing the project within the agreed-upon budget, and any variations or changes requested by the owner may lead to additional costs and time extensions. 2. Cost Plus Contract: Unlike the lump sum contract, a cost-plus contract involves the owner paying the contractor for the actual cost of labor, materials, and overhead expenses, plus an additional fee or percentage of the total cost as profit. This type of contract provides more flexibility for the owner to make changes during the project, but it also requires diligent tracking of costs by the contractor to accurately bill the owner. Montgomery Maryland Basic Building and Construction Contracts generally cover the following elements: 1. Scope of Work: This section defines the specific tasks, materials, and services that the contractor is expected to provide. It outlines the project's objectives and details the construction requirements based on architectural plans and specifications. 2. Payment Terms: The agreement specifies the agreed-upon payment schedule, including any progress payments, milestones, or final payments. It also outlines any penalties for late payments or invoicing discrepancies. 3. Duration and Schedule: This section defines the project's start and completion dates, including any milestones or intermediate deadlines. It may consider potential delays caused by weather conditions, unforeseen circumstances, or changes requested by the owner. 4. Change Orders: This clause describes the procedure for making changes to the original contract, including variations in scope, materials, or timeline. It outlines how change orders will be executed, approved, and properly documented. 5. Insurance and Liability: The contract generally requires the contractor to have appropriate insurance coverage, such as general liability, workers' compensation, and builder's risk insurance. It also addresses respective liability limits and measures to mitigate risks. 6. Termination Clause: This provision outlines the circumstances under which either party may terminate the contract, including defaults, non-performance, or breaches of contractual obligations. It usually defines the consequences and procedures for dispute resolution and mediation. By utilizing a Montgomery Maryland Basic Building and Construction Contract between Owner and Contractor, both parties can protect their interests, clarify expectations, and ensure a successful and legally compliant construction project in Montgomery County, Maryland.Montgomery Maryland Basic Building and Construction Contract between Owner and Contractor is a legally binding agreement outlining the terms and conditions for a construction project in Montgomery County, Maryland. This contract establishes a clear understanding between the project owner, often referred to as the "owner," and the contractor responsible for performing the construction work. Keywords: Montgomery Maryland, Building and Construction Contract, Basic Contract, Owner, Contractor, Terms and Conditions, Construction Project, Montgomery County, Legally Binding Agreement. In Montgomery County, Maryland, there are typically two commonly used types of Basic Building and Construction Contracts between the Owner and Contractor: 1. Lump Sum Contract: Also known as a fixed-price contract, this agreement specifies a predetermined sum of money that the contractor will receive for completing the construction project. The contractor is responsible for completing the project within the agreed-upon budget, and any variations or changes requested by the owner may lead to additional costs and time extensions. 2. Cost Plus Contract: Unlike the lump sum contract, a cost-plus contract involves the owner paying the contractor for the actual cost of labor, materials, and overhead expenses, plus an additional fee or percentage of the total cost as profit. This type of contract provides more flexibility for the owner to make changes during the project, but it also requires diligent tracking of costs by the contractor to accurately bill the owner. Montgomery Maryland Basic Building and Construction Contracts generally cover the following elements: 1. Scope of Work: This section defines the specific tasks, materials, and services that the contractor is expected to provide. It outlines the project's objectives and details the construction requirements based on architectural plans and specifications. 2. Payment Terms: The agreement specifies the agreed-upon payment schedule, including any progress payments, milestones, or final payments. It also outlines any penalties for late payments or invoicing discrepancies. 3. Duration and Schedule: This section defines the project's start and completion dates, including any milestones or intermediate deadlines. It may consider potential delays caused by weather conditions, unforeseen circumstances, or changes requested by the owner. 4. Change Orders: This clause describes the procedure for making changes to the original contract, including variations in scope, materials, or timeline. It outlines how change orders will be executed, approved, and properly documented. 5. Insurance and Liability: The contract generally requires the contractor to have appropriate insurance coverage, such as general liability, workers' compensation, and builder's risk insurance. It also addresses respective liability limits and measures to mitigate risks. 6. Termination Clause: This provision outlines the circumstances under which either party may terminate the contract, including defaults, non-performance, or breaches of contractual obligations. It usually defines the consequences and procedures for dispute resolution and mediation. By utilizing a Montgomery Maryland Basic Building and Construction Contract between Owner and Contractor, both parties can protect their interests, clarify expectations, and ensure a successful and legally compliant construction project in Montgomery County, Maryland.
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.
