The Construction Service Agreement serves as the primary contract document for construction projects in the United States. It is essential when engaging contractors for any significant construction work, whether residential, commercial, or industrial. This agreement typically includes detailed specifications of the work to be performed, pricing structures, payment schedules, project timelines, quality standards, and risk allocation between parties. The document must comply with both federal construction regulations and state-specific requirements, including local building codes and contractor licensing laws. A well-drafted Construction Service Agreement helps prevent disputes by clearly defining expectations and responsibilities while providing mechanisms for handling changes and resolving conflicts.
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1. Parties: Identifies and defines the contracting parties (owner/client and contractor)
2. Background/Recitals: Provides context and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Work: Detailed description of construction services to be provided
5. Contract Price and Payment Terms: Compensation, payment schedule, and invoicing requirements
6. Project Timeline: Construction schedule, milestones, and completion dates
7. Contractor Obligations: Key responsibilities and duties of the contractor
8. Client Obligations: Key responsibilities and duties of the client
9. Insurance Requirements: Required insurance coverage and limits
10. Termination: Conditions and procedures for contract termination
1. Change Orders: Process for requesting and approving changes to scope - recommended for complex projects likely to require modifications
2. Liquidated Damages: Predetermined damages for specific breaches - recommended when specific completion dates are crucial
3. Force Majeure: Provisions for unforeseeable circumstances - recommended for longer-term projects with higher risk
4. Dispute Resolution: Specific procedures for resolving disputes - recommended for high-value or complex projects
1. Schedule A - Detailed Scope of Work: Comprehensive description of construction services and specifications
2. Schedule B - Project Timeline: Detailed project schedule with milestones
3. Schedule C - Payment Schedule: Detailed breakdown of payments and timing
4. Schedule D - Site Plan: Construction site details and layouts
5. Schedule E - Required Permits: List of necessary permits and approvals
6. Schedule F - Insurance Requirements: Detailed insurance specifications
7. Schedule G - Safety Requirements: Safety protocols and OSHA compliance details
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