This contract is made this day
of
, 2022 by and between AGR Landscape & Construction who desires to provide service(s)
to
, and
desires to obtain such services from AGR Landscape & Construction.
1. Background
The client is of the opinion that the contractor has the necessary qualifications,
experience, and abilities to provide the services to the client. The contractor is
agreeable to providing such service to the client on the terms and conditions
set out in this contract.
2. In Consideration OF
The matters described above and of the mutual benefits and obligations set forth in this
contract, the receipt and sufficiency of which consideration is hereby acknowledged, the
client and the contractor (individually the “party” and collectively
the “parties” to this contract) agree as follows:
3. Services Provided
The client hereby agrees to engage the contractor to provide the client with the
following services (the services):
-
The services will also include any other tasks which the parties may agree on. The
contractor hereby agrees to provide such service to the client.
4. Term of Contract
The term of this contract (the “Term”) will begin on the date of this contract and will
remain in full force and effect until the completion of the services. The term may be
extended due to unpredictable factors, the client will be notified
if the term changes. Early termination by the client is not acceptable under any
circumstance.
5. Compensation
The contractor will charge the client a flat fee of
for the services. The client will be invoiced when the services are complete. Invoices
submitted by the contractor are due within two days of receipt. The
client will agree to the contractor’s form of payment requests. The client will be
charged $150 per week upon the third late payment notice along with a 1.5% interest
charge.
6. Right of Substitution
Except as otherwise provided in this contract, the contractor may, at the contractor’s
absolute discretion, engage a third party subcontractor to perform some or all of the
obligations of the contractor under this contract and the client
will not hire or engage any third parties to assist with the provision of the services.
In the event that the contractor hires a subcontractor:
- The contractor will pay the subcontractor for its services and the compensation will
remain payable by the client to the contractor.
- The subcontractor will perform services, contractor will not be responsible for
unreliable services provided by the subcontractor.
- Services provided by the subcontractor will be inspected by the contractor upon
completion. Contractor will hold the subcontractor accountable for what looks like an
unfinished service.
- Subcontractor will deal directly with the contractor to deliver services adequately.
7. Autonomy
Except as otherwise provided in this contract, the contractor will have full control over
working time, methods, and decision-making in relation to provision of the services in
accordance with the contract. The contractor will be responsive
to the reasonable needs and concerns of the client.
8. Equipment
Except as otherwise provided in this contract, the contractor will provide at the
contractor’s own expense, any and all tools, machinery, equipment, raw materials,
supplies, workwear, and any other items or parts necessary to deliver the
services in accordance with the agreement.
9. Additional Clause
Except as otherwise provided in this contract, the client will not hold contractor
accountable to none of these scenarios below:
- Contractor will not be responsible for damage to property(s).
- Contractor will provide materials sold by providers. Contractor is not responsible for
damaged/ incomplete materials.
- Client is aware that extra worked performed outside of this contract will be charged
accordingly.
- Client agrees that it’s the client’s own responsibility to ask the Contractor for
updates in pricing.
- Client is responsible for keeping their budget on track. Contractor will charge client
accordingly for any and all services performed outside of the agreed price.
- Client agrees that the payment is due upon service compilation. Late payment fees will
be applied, failing to pay once job is completed.
- Client is conscious that many factors such as unexpected weather, shortage of
materials, sick employees might affect time frame completion of project.
- Contractor is not responsible for injuries that might happen to client or other parties
in the premises of where construction is taking place.
- Contractor will not be responsible for modified services requested by the client.
- Client is aware that naturals disasters such as extreme rain, snow, or heat might
impact the tear and wear of services completed by contractor. Contractor will not be
responsible if any of these unpredictable weather scenarios happen.
- Client is aware that harmful materials might be used in the construction process.
- Client is aware if concrete service is performed in the client’s property there will be
a high chance of cracking due to Colorado’s moving ground. Contractor will not be
responsible for replacing any cracked concrete. Concrete will only
be replaced if its unstable to walk on or if crack is bigger than 2’’.
10. Governing Law
- This contract will be governed by and constructed in accordance with the laws of the
state of Colorado.
11. Termination
- Contractor has the right & duty to terminate this contract at whatever point if
contractor feels like client is abusing his or her power over contractor. If client
decides to terminate contract before completion of agreed services, contractor
will be compensated for ALL materials and worker related expenses.
