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Fixed Price Construction Contract

Image 1

Created by:

​[Contractor.FirstName][Contractor.LastName]​

​[Contractor.Company]​

Prepared for:

​[Client.FirstName][Client.LastName]

​[Client.Company]​

Ensure you have a fixed price construction contract to streamline the construction operations. Define the payment, terms, and requirements of the construction project. Utilize this free template to create a successful working relationship with the Client.

Company:[Contractor.Company]​

Address: [Contractor.StreetAddress][Contractor.City][Contractor.State][Contractor.PostalCode]​

The Parties

This Fixed Price Construction Contract (“Contract”) is made on the (Date), by and between [Client.FirstName][Client.LastName] of [Client.Company] (“Client”) and [Contractor.FirstName][Contractor.LastName] of [Contractor.Company] (“Contractor”). Whereas [Client.Company] will pay the Contractor for their services provided in this construction project, following the terms of this agreement.

The Services

Clearly define all the services you’ll complete. These services will be any construction-related operations. It can be plans you must draw up or any other service you provide during the construction period.

Contractor agrees to complete the following services for the Client:

(Enter Value)

Hereafter known as “Services.” [Contractor.FirstName][Contractor.LastName] is legally bound to complete these services per the terms of the Contract. If the Client requires any other services, a new agreement must be drawn up detailing those services and remuneration for them. The Client has no right to ask for services not described above and previously established in this Contract.

Payment

In consideration for the services the Contractor provides, the Client agrees to pay a fixed fee of $(Amount) (“Project Price”) for the construction project. Of this Project Price, $(Amount) will be paid upfront before the work begins.

This price includes/does not include the project expenses, as per the Construction Expenses section of this Contract. The Client agrees that this Project Price only accounts for the Services rendered per this Contract and no additional services the Parties may agree on.

Construction Due Date

This Contract comes into effect on the (Start.Date) when construction will begin. The Services will be completed by:

  • Specified Date: (Due.Date)

  • No Specific Date

  • Other: (Other.Description)

When the Services is complete, the Contract will also terminate.

Clearly define how your fixed-price construction agreement will terminate. This section ensures both Parties receive due notice when the deal ends. It helps streamline the process instead of having it drag out longer.

Either Party can terminate the Contract before the completion of the Services, should they have reasonable cause and provide written notice of any default or material breach of the other Party.

Further, if any Party fails to fulfill the terms of this Contract, it is grounds for the other Party to terminate the Contract immediately. As part of Contract continuity, both Parties will remain in constant communication to prevent defaults and breaches of the Contract terms.

Construction Expenses

This section is critical, as you don’t want to sit with additional expenses. Ensure you clearly define whether you include the costs in the fixed price or whether the Client must reimburse you for them. If you require compensation, specify how and when you should receive this reimbursement.

For the duration of this Contract, the Contractor shall be:

Responsible for expenses related to providing the Services defined in this Contract. That includes but is not limited to, supplies, workers, equipment, operations costs, business and employment costs, taxes, disability insurance, and any other cost that arises during this project.

Reimbursed for any expenses related directly to performing the Services, including, but not limited to, (Expenses.Description).

  • The Client must compensate the Contractor within (Number of Days) days of any Expense after receiving an itemized statement of the expenses. However, the Client can request to see the receipts or proof of purchase before reimbursing the costs.

Liability Insurance

The Contractor bears all responsibility for actions they or their employees/personnel perform under this Contract. They will obtain comprehensive liability insurance coverage in case of bodily injury, property damage, contractual liability, and cross liability. However, this liability will not cover the property of the Client or any existing structure on the property, as it is only applicable to the Services the Contractor renders.

The Liability insurance shall have a minimum amount of $(Amount)/not have a minimum amount.

Miscellaneous

Add any other terms specific to this project. These terms include project drawings and plans, confidentiality and ownership policies, etc.

Confidentiality

​[Contractor.FirstName][Contractor.LastName] will keep confidential and not share any information gained from the Client, whether in verbal, visual, or written form. All necessary measures will be taken to protect the confidentiality of the information. The Client can take legal action if the Contractor breaches this term. Client further agrees to keep confidential any private data of the Contractor, such as banking information and addresses.

Ownership

The Client will keep ownership of the construction project but give the Contractor all correspondent credit for the construction project. The Contractor has no ownership over the construction but has the right to use this project in its portfolio.

Business Licenses, Permits, and Certificates

Contractor acknowledges that all employees and personnel associated with the construction will follow all federal, state, and local laws. Further, the Contractor will obtain all local permits, licenses, and certifications required to complete the Services.

No Partnership

This Contract does not create a partnership between the parties. Unless stated otherwise, the Contractor has no authority to enter into contracts on behalf of the Client or otherwise represent them.

Severability

Should a section of this Contract be void or invalid, the remaining terms will remain in full force and effect. All remaining terms, sections, and provisions are deemed legally binding unless a court rules otherwise.

Agreement

The laws of (State) govern this Contract and all its terms and conditions. By signing the below agreement on the mentioned date, both Parties acknowledge and agree to all terms stated within this Contract.

​[Client.Company]​

​

Signature
MM / DD / YYYY

​[Client.FirstName][Client.LastName]​

​[Contractor.Company]​

​

Signature
MM / DD / YYYY

​[Contractor.FirstName][Contractor.LastName]​

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Fixed Price Construction Contract

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Use this free fixed price construction contract and customize it to fit your construction project and determine the responsibilities of you and your Client.

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