Florida construction service contract template

Florida Construction Service Contract

Effective Date: [Date]

Parties:

Owner:

Legal Name: [Owner Name]

Mailing Address: [Owner Address]

Phone: [Owner Phone]

Email: [Owner Email]

Contractor:

Legal Name: [Contractor Name]

Mailing Address: [Contractor Address]

Phone: [Contractor Phone]

Email: [Contractor Email]

License Number: [Contractor License Number] (Attach copy or provide here)

1. Project Location:

Property Address: [Property Address]

Legal Description: [Legal Description] (If Applicable)

2. Scope of Work:

Description of Work: [Detailed Description of Work]

Referenced Documents (building plans, blueprints, technical drawings, or specifications): [List of Documents] (Incorporated by reference)

3. Permitted Uses and Zoning:

Permitted Use: [Permitted Use]

Zoning Compliance: [Zoning Compliance Requirements]

Conditions Imposed by Florida Counties/Municipalities: [List of Conditions]

4. Materials and Equipment:

Materials/Equipment Supplied by Contractor: [List of Materials and Equipment, including brands, grades, quantities]

Materials/Equipment Supplied by Owner: [List of Materials and Equipment]

Substitution Protocol: [Substitution Protocol]

5. Project Schedule:

Start Date: [Start Date]

Completion Date: [Completion Date]

Project Milestones: [List of Milestones and Dates]

Phasing (if applicable): [Description of Phasing]

Consequences for Early/Late Completion: [Penalties/Bonuses for Early or Late Completion]

Weather Delays: [Procedure for Handling Weather Delays - Florida Law Compliant]

Unanticipated Site Conditions: [Procedure for Handling Unanticipated Site Conditions - Florida Law Compliant]

6. Payment:

Total Contract Price: [Total Contract Price]

Unit Prices (if applicable): [List of Unit Prices]

Payment Schedule:

Option A: Progress Payments based on completion percentages: [Detailed Schedule of Progress Payments]

Option B: Payments based on milestones: [Detailed Schedule of Milestone Payments]

Advance Payment/Deposit: [Amount of Deposit]

Retainage: [Percentage or Amount of Retainage]

Release Conditions (Subject to F.S. 713.06): [Conditions for Releasing Retainage]

Invoicing Method: [Method of Invoicing]

Invoicing Frequency: [Frequency of Invoicing]

Payment Dispute Mechanism: [Process for Resolving Payment Disputes]

Sales/Use Tax Responsibility: [Party Responsible for Florida Sales/Use Taxes]

7. Lien Rights (Florida Law):

Mandatory Notice to Owner Disclosure: [Include the standard Florida Notice to Owner language]

Conditional/Unconditional Lien Waiver Forms: [Requirement for Conditional/Unconditional Lien Waivers for Each Payment]

Compliance with Florida Mechanics' Lien Statute (Chapter 713, F.S.): [Statement of Compliance]

Owner's Obligation to Verify Lien Releases: [Owner's Responsibility to Obtain Lien Releases]

8. Contractor Licenses and Qualifications:

Required Licenses: [List of Required Licenses - Florida Statutes Chapter 489 Compliance]

Evidence of Qualification: [Description of Evidence]

E-Verification Requirements: [Statement of Compliance with E-Verification]

9. Permits, Inspections, and Code Compliance:

Responsibility for Obtaining Permits: [Party Responsible for Obtaining Permits]

Responsibility for Paying for Permits: [Party Responsible for Paying for Permits]

Compliance with Florida Building Code: [Statement of Compliance]

Local Code Amendments: [Compliance with Local Code Amendments]

Health/Safety Requirements (OSHA/Florida Equivalents): [Statement of Compliance]

10. Safety Measures and Site Management:

Detailed Safety Measures: [Detailed List of Safety Measures]

Site Management Protocols: [Detailed List of Site Management Protocols]

Designation of Responsible Safety Officer: [Name and Contact Information of Safety Officer]

11. Waste Removal and Environmental Protection:

Responsibility for Waste Removal: [Party Responsible for Waste Removal]

Dust and Noise Control: [Measures for Dust and Noise Control]

Compliance with Florida DEP Rules and Local Environmental Ordinances: [Statement of Compliance]

12. Insurance:

General Liability Insurance: [Types and Limits]

Workers' Compensation Insurance (with reference to Florida Law): [Coverage Details and Florida Law Compliance]

Builder's Risk Insurance: [Coverage Details]

Auto Insurance: [Coverage Details]

Umbrella Policy: [Coverage Details]

Additional Insured: [Requirement for naming Owner as Additional Insured]

Notice of Cancellation/Nonrenewal: [Notice Requirements]

13. Warranties:

Scope of Warranty: [Detailed Scope of Warranty]

Coverage Period (Minimum one year, potential 10-year statutory latent defect liability): [Specify Warranty Period]

Obligations to Repair Defective Work or Replacement of Materials: [Contractor's Obligations]

Process and Timing for Warranty Claims: [Detailed Process for Making Warranty Claims]

14. Project Changes:

Procedure for Change Orders: [Detailed Procedure for Change Orders]

Documentation Requirements: [Documentation Requirements]

Cost/Schedule Adjustments: [How Cost/Schedule Will Be Adjusted]

Owner and Contractor Written Approvals: [Requirement for Written Approvals]

Consequences for Unauthorized Changes: [Consequences for Unauthorized Changes]

15. Unforeseen Conditions:

Differing Site Conditions: [Procedure for Handling Differing Site Conditions - Florida Statutes Compliant]

Hazardous Materials: [Procedure for Handling Hazardous Materials - Florida Statutes Compliant]

Archaeological/Endangered Species Discoveries: [Procedure for Handling Discoveries - Florida Statutes Compliant]

Cost/Time Adjustments: [Mechanism for Cost/Time Adjustments]

16. Subcontractors:

List of Subcontractors: [List of Subcontractors]

Confirmation of Qualifications and Licensing: [Requirement for Confirmation]

Requirement for Written Subcontracts: [Requirement for Written Subcontracts]

Flow-Down of Contract Requirements: [Statement of Flow-Down Requirements]

17. Supervision and Quality Control:

Designation of Project Manager/Superintendent: [Name and Contact Information]

Minimum Inspection Frequency: [Frequency of Inspections]

Acceptance Criteria for Work: [Acceptance Criteria]

Responsibilities for Failed Inspections: [Responsibilities for Failed Inspections]

18. Termination:

Termination for Cause:

Reasons for Termination: [List of Reasons for Termination]

Notification Requirements: [Notification Requirements Under Florida Law]

Termination for Convenience (by Owner):

Compensation for Work Performed: [Compensation Details]

Notification Requirements: [Notification Requirements Under Florida Law]

Outstanding Liabilities: [Procedure for Addressing Outstanding Liabilities]

Final Payment Calculations: [Calculations for Final Payment, including retainage and lien releases]

19. Dispute Resolution:

Escalation Steps: [Negotiation, Mediation, Mandatory Arbitration or Litigation]

Venue: [Venue in the County of the Project/Property or as Otherwise Required by Florida Law]

Choice of Law: [State of Florida]

Waiver of Forum Non Conveniens: [Statement of Waiver]

20. Indemnification:

Contractor's Duty to Indemnify Owner: [Contractor's Duty to Indemnify and Hold Harmless the Owner - Subject to Florida Statute §725.06]

21. Force Majeure:

Definition of Force Majeure: [Definitions Covering Hurricanes, Flooding, Labor Disputes, Pandemics]

Procedure for Notice: [Procedure for Notice]

Delay Extensions and Impact on Schedule/Payments: [Details on Delay Extensions and Impact on Schedule/Payments - Specifically considering Florida Weather]

22. Compliance with Laws and Regulations:

Compliance with All Applicable State/Federal Laws and Regulations: [Statement of Compliance, including Florida’s Homeowners’ Construction Recovery Fund disclosure (if applicable), prompt payment laws, equal opportunity employment, e-Verify, Davis-Bacon (where federal funds are used), and any special energy or accessibility standards]

23. Right of Access:

Owner's Ability to Access the Site: [Owner's Ability to Access the Site for Inspections]

Advance Notice Requirements: [Advance Notice Requirements]

Hours of Access: [Hours of Access]

Safety Protocols: [Safety Protocols]

Procedures for Third Party or Code Inspector Access: [Procedures for Third Party or Code Inspector Access]

24. Record Keeping and Documentation:

Requirement to Maintain Project Logs, Daily Reports, Plans, Permits, Inspection Records: [Statement of Requirement]

Archiving Period: [Archiving Period per Florida Law]

25. Intellectual Property:

Intellectual Property Rights for Proprietary Plans/Specifications: [Statement of Rights]

Florida Regulatory Copyright Compliance: [Statement of Compliance]

26. Miscellaneous:

Insurance Subrogation Waivers: [Statement of Waiver]

Assignment/Transfer Prohibitions: [Prohibition Without Written Consent]

Oral Modifications Unenforceable: [Statement that Oral Modifications are Unenforceable]

27. Construction Defect Notice (Florida Chapter 558):

Required Disclosures Under Florida's Construction Defect Statute (Chapter 558, F.S.): [Reference to "Right to Cure" Procedures]

28. Final Payment Procedures:

Compliance with Florida’s Specific Notice and Recording Procedures: [Procedures for Final Payment, Substantial Completion, and Certifications of Occupancy]

29. Notice to Owner/Tenant:

Required Notice-to-Owner or Tenant of Project Impacts, Temporary Relocations, or Disruptions: [Specify Restoration Obligations]

30. Hazardous Materials:

Hazardous Materials and Environmental Compliance: [Reference to Florida Statutes Concerning Asbestos, Mold, Lead Paint, or Underground Tanks]

Allocation of Responsibility for Abatement and Remediation: [Statement of Responsibility]

31. Special Terms (Coastal/Wetland/Hurricane Zones):

Special Terms for Coastal, Wetland, or Hurricane-Prone Zones: [Requirements for Elevation, Wind Mitigation, Flood Insurance, or FEMA Compliance]

32. Confidentiality:

Confidentiality and Non-Disclosure Provisions: [Provisions for Sensitive Site, Design, or Client Information]

33. Signatures:

Owner Signature: ____________________________ Date: ___________

Contractor Signature: ____________________________ Date: ___________

Witness (if required): ____________________________ Date: ___________

Notary (if required): [Notarization Per Florida Requirements]

34. Entire Agreement:

This Contract Supersedes All Prior Agreements.

All Attachments/Exhibits are Incorporated.

Severability: If any provision of this Contract is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Number of Executed Originals: [Number]

35. Addenda:

[Space for Customized Florida-Specific Addenda as Demanded by Local Jurisdiction or Project Conditions]

[Flexibility for Lawyer-Supplied Supplements or Project-Specific Modifications]