Connecticut construction service contract template

Connecticut Construction Services Contract

This Connecticut Construction Services Contract (the “Agreement”) is made and entered into as of [Date], by and between:

• [Contractor Legal Name], a [State] [Entity Type] with its principal place of business at [Contractor Address] (hereinafter referred to as “Contractor”), holding CT Contractor License Number [License Number].
• [Client Legal Name], residing at [Client Address] (hereinafter referred to as “Client”).

1. Project Information

• Project Location: [Project Address]
• Property Owner (if different from Client): [Property Owner Name]
• Verification of Property Ownership Provided: [Yes/No]
• Contractor Authorized Representative: [Contractor Representative Name], [Contractor Representative Title], [Contractor Representative Contact Information]
• Client Authorized Representative: [Client Representative Name], [Client Representative Title], [Client Representative Contact Information]

2. Scope of Work

• Statement of Work: [Detailed Description of Work]
• Based on:
  • Architectural/Engineering Plans and Specifications dated [Date], referenced as [Plan Reference Number/Name]
  • Connecticut Building Code compliance required.
• Site Preparation Obligations: [Description of Site Preparation Responsibilities, e.g., clearing, grading]
• Demolition/Environmental Remediation (if applicable): [Description of Demolition/Remediation Work]

3. Project Schedule

• Project Milestones: [List of Key Milestones and Dates]
• Start Date: [Date]
• Substantial Completion Date: [Date]
• Critical Path Schedule: [Description of Critical Path and Schedule Management Approach]
  • Consideration for weather delays and seasonal construction per Connecticut practice.
• Compliance:
  • All work must comply with the State of Connecticut Building Code.
  • All work must comply with local zoning ordinances.
  • All work must comply with OSHA/CONN-OSHA safety standards.
  • All work must comply with environmental, wetlands, or coastal management regulations (if applicable).

4. Permits and Inspections

• Required Permits: [List of Required Permits]
• Responsibility for Obtaining Permits:
  • Option A: Contractor shall obtain and pay for all required permits.
  • Option B: Client shall obtain and pay for all required permits.
• Responsibility for Posting Permits: [Contractor/Client]
• Inspection Obligations: [Description of Inspection Requirements and Responsibilities]

5. Submittals and Approvals

• Submittal Requirements: [Description of Required Submittals, e.g., Shop Drawings, Samples]
• Shop Drawing Review Procedure: [Description of Review and Approval Process]
• Sample Approval Procedure: [Description of Sample Submission and Approval Process]

6. Subcontractors and Suppliers

• Subcontractor and Supplier List Requirement: [Contractor shall provide a list/Contractor not required to provide a list]
• Requirements for Subcontractors/Suppliers:
  • Proof of licensure.
  • Proof of insurance.
  • Prevailing wage compliance (if applicable).

7. Materials and Products

• Material and Product Requirements: [Detailed List of Materials and Products, meeting CT standards]
• Alternates: [Procedure for Proposing and Approving Alternates]
• Allowances: [List of Allowances and Terms]

8. Changes in Work

• Change Order Procedure: [Detailed Procedure for Change Orders, including documentation and approval process]
  • Strict compliance with Connecticut’s Home Improvement Act for residential work (if applicable).

9. Contract Price and Payment

• Contract Price:
  • Option A: Fixed Fee: [Dollar Amount]
  • Option B: Time & Materials: [Hourly Rates and Material Markup]
  • Option C: Cost-Plus: [Cost Plus Percentage or Fixed Fee]
  • Option D: GMP (Guaranteed Maximum Price): [Dollar Amount]
• Allowances: [List of Allowances and Values]
• Exclusions: [List of Excluded Items]
• Unit Price Breakdown: [Unit Prices for Specific Tasks]
• Payment Schedule: [Detailed Payment Schedule with Milestones or Timetable]
• Progress Payment Application Procedure: [Procedure for Submitting and Processing Payment Applications]
  • Lien Waivers and Conditional/Unconditional Releases required with each payment application.
• Retainage: [Percentage of Retainage]
  • Retainage release terms per Connecticut statutory limits.
• Final Payment Procedure: [Procedure for Final Payment, tied to Certificate of Occupancy or Completion]

10. Insurance

• Required Insurance Coverage:
  • Contractor’s Liability Insurance: [Amount]
  • Workers’ Compensation Insurance: [Statutory Limits]
  • Umbrella Insurance: [Amount]
  • Builder’s Risk Insurance: [Amount]
• Certificates of Insurance required.
• Named Insured Requirements: [Specify if Client needs to be named as additional insured]

11. Bonds

• Bond Requirements:
  • Bid Bond: [Required/Not Required]
  • Performance Bond: [Required/Not Required]
  • Payment Bond: [Required/Not Required]
• Procedures for Claims on Bonds: [Description of Claims Procedure]

12. Site Conditions

• Responsibilities for Site Conditions: [Description of Responsibilities]
• Concealed or Hazardous Conditions: [Procedure for Addressing Concealed or Hazardous Conditions]
  • Including lead, asbestos, PCBs, or contaminated soils.
  • Notices required under Connecticut law.

13. Wage Standards

• Compliance with Connecticut Wage Standards: [Required]
  • Certified payroll for public projects.
• Compliance with Prevailing Wage/Davis-Bacon Act (if applicable).

14. Labor

• Use of Union Labor: [Required/Not Required]

15. Utilities and Temporary Facilities

• Utility Connections: [Responsibility for Connections]
• Temporary Facilities: [Responsibility for Providing and Maintaining]
• Cost Allocation: [Who Bears the Cost of Utilities and Temporary Facilities]

16. Site Access and Protection

• Access to Site: [Terms of Access]
• Protection of Existing Structures: [Requirements for Protecting Existing Structures]
• Restoration of Landscaping/Adjacent Property: [Requirements for Restoration]
  • Neighbor notification if required by local regulation.

17. Dispute Resolution

• Design/Specification Disputes: [Procedure for Resolving Disputes]
• Defective Work: [Procedure for Reporting and Correcting Defective Work]
  • Timeframes for Correction.
  • Right to withhold payment in the event of nonconforming work.

18. Warranty

• Warranty Period: [Length of Warranty Period, e.g., One Year, Two Years]
  • Statutory minimum is often one year.
• Remedial Action: [Requirements for Prompt Remedial Action]

19. Project Acceptance

• Project Inspections: [Procedure for Project Inspections]
• Punchlist Creation: [Procedure for Creating and Addressing a Punchlist]
• Final Acceptance: [Procedure for Final Acceptance by Owner, Architect, or Designated Agent]

20. Suspension and Termination

• Right to Suspend Work: [Conditions for Suspension]
• Events of Default/Material Breach: [Detailed List of Events Constituting Default]
  • Per Connecticut Law.
• Notice and Cure: [Procedure for Providing Notice and Opportunity to Cure]
• Right to Stop Work for Non-Payment: [Contractor’s Right to Stop Work]
• Client’s Right to Terminate for Convenience: [Terms of Termination for Convenience]
• Calculation of Termination Costs and Settlement: [Procedure for Calculating Termination Costs]

21. Limitation of Liability and Indemnification

• Limitation of Liability: [Terms of Limitation]
• Indemnification: [Indemnification Clause]
  • Compliance with Connecticut-specific anti-indemnity statute (e.g., no indemnification for sole negligence).
• Insurance Cross-Indemnity Language: [Included]

22. Notices

• Method of Delivery: [e.g., Certified Mail, Email]
• Designated Addresses: [Addresses for Notices]

23. Regulatory Compliance

• Compliance with all applicable laws and regulations.
• Connecticut Department of Consumer Protection notice requirements for home improvement work (if applicable).
• Right of Rescission for Residential Contracts (if applicable).
• Prompt Payment and Retainage Release Compliance.
• Builder Registration Disclosures.

24. Governing Law and Venue

• Governing Law: Connecticut
• Jurisdiction and Venue: [County Name], Connecticut
  • OR Arbitration/Mediation per AAA or Construction Arbitration Association rules.
• Good faith negotiations prior to litigation recommended.

25. Intellectual Property

• Intellectual Property Rights: [Ownership of Intellectual Property]
  • Relating to proprietary construction methods, shop drawings, or bespoke designs.

26. Confidentiality

• Confidentiality Provision: [Terms of Confidentiality]
  • Relating to project and client information.

27. Force Majeure

• Force Majeure Clause: [Definition of Force Majeure Events and Relief]
  • Addressing labor shortages, supply chain disruption, public health emergencies, and weather events common in Connecticut.

28. Minority/Women/Disabled Business Participation

• Minority/Women/Disabled Business Participation Goals (if applicable): [Specific Goals]
  • Per Connecticut set-aside requirements for public contracts.

29. Entire Agreement

• Contract Documents: [List of All Contract Documents]
  • Drawings, general/supplementary conditions, addenda, and post-bid clarifications.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

Contractor:

____________________________

[Contractor Representative Name], [Contractor Representative Title]

[Contractor Legal Name]

Client:

____________________________

[Client Legal Name]