Question
AGREEMENT BETWEEN OWNER AND CONTRACTOR for use when a stipulated price forms the basis of payment and to be used only with the General Conditions
AGREEMENT BETWEEN OWNER AND CONTRACTOR for use when a stipulated price forms the basis of payment and to be used only with the General Conditions of the Contract
THIS AGREEMENT made on the 13th day of July in the year two thousand and seventeen.
BY AND BETWEEN
DR DO LITTLE
hereinafter called the "Owner"
AND
LOVELY CONSTRUCTION SERVICES, INC
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 demolition and remodelling of the home located at 1234 Steeple Chase drive in Palm Beach Gardens, FL 33410. (See Tender Form for Description) which have been signed in triplicate by both the parties,
(b)fulfil everything indicated by this Agreement, and
(c)commence the Work by the 1st day of August, 2017 and substantially perform the Work of this Contract as certified by the Engineer/Architect by the 1st day of December 2017 .
(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$100,000/00 (HST INCLUDED) US funds 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 GC21-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:DR DO LITTILE 8763 DUM DUM DRIVE PALM BEACH GARDENS, FL 33410
The Contractor at:LOVELY CONSTRUCTION SERVICES, INC P O BOX 12345 HAVERHILL RD, WEST PALM BEACH, FL 33411
The Engineer/Architect at:ENGINEERS OF TODAY 1234 NO MAN'S LAND, WEST PALM BEACH, FL 33411
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
____________________________________________________________
signedsigned
____________________________________________________________
name and titlename and title
___________________________________________________________
datesigned / witnessed
______________________________
name and title
______________________________
date
N.B.Where any legal jurisdiction, local practice or client requirement calls for proof of authority to execute this document, proof of such authority in the form of a certified copy of a resolution naming the person or persons in question as authorized to sign the Agreement for and on behalf of the Corporation or Partnership, should be attached.
Please answer all the questions .
1. Name the type of contract and what contract principle is applicable?
2. Name the parties to the contract.
3. State the purpose of this contract including, scope and amount.
4. What will constitute a breach of contract between the parties?
5. State dispute resolution and legal remedies available to the non-breaching party in this contract.
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