Georgia construction service contract template

Georgia Construction Service Contract

This Georgia Construction Service Contract ("Agreement") is made and entered into as of this [Date] by and between:

• [Contractor Full Legal Name], a [State] [Entity Type, e.g., Corporation, LLC], with its principal place of business at [Contractor Address], hereinafter referred to as "Contractor," and Georgia Business License/Registration Number: [License Number]. Contact Information: [Contractor Phone Number], [Contractor Email Address].
• [Owner Full Legal Name], residing at [Owner Address], hereinafter referred to as "Owner." Contact Information: [Owner Phone Number], [Owner Email Address].

1. Project Location and Description

• The project location is: [Project Address]. Legal Property Description: [Legal Property Description as per Georgia Tax Records].
• The work to be performed consists of the following: [Detailed Description of Work]. Reference is made to architectural drawings dated [Date] and engineering specifications dated [Date], which are incorporated herein by reference.

2. Scope of Work

• Option A: Contractor shall provide all labor, materials, equipment, and supervision necessary to complete the Work as described in Exhibit A (Scope of Work) attached hereto.
• Option B: Contractor shall perform only the following specific tasks: [List of specific tasks]. All other work is the responsibility of the Owner.

3. Permits and Approvals

• Option A: Contractor shall be responsible for obtaining and paying for all permits and approvals required by Georgia law, including but not limited to those from the [City/County] building department, fire marshal, and Georgia Environmental Protection Division.
• Option B: Owner shall be responsible for obtaining all necessary permits and approvals. Contractor shall cooperate with the Owner in this process.

4. Compliance with Laws and Regulations

Contractor shall comply with all applicable Georgia building codes (including the International Building Code as adopted and amended in Georgia), local zoning ordinances, stormwater regulations, OSHA safety requirements, and the State Licensing Board for Residential and General Contractors requirements.

5. Project Schedule

• Start Date: [Date]
• Substantial Completion Date: [Date]
• Final Completion Date: [Date]
• Milestone Deliverables: [List of Milestones and Dates]

6. Contract Price and Payment

• Option A: Lump Sum Price: The Owner shall pay the Contractor a fixed price of [Dollar Amount] for the complete performance of the Work.
• Option B: Cost-Plus: The Owner shall pay the Contractor the actual cost of the Work plus a [Percentage]% fee.
• Option C: GMP (Guaranteed Maximum Price): The Owner shall pay the Contractor up to a guaranteed maximum price of [Dollar Amount].
• Draw Schedule: Payments shall be made according to the following schedule: [Payment Schedule Linked to Milestones].
• Retainer: The retainer amount shall be [Dollar Amount or Percentage]% of the total contract price.
• Invoicing: Contractor shall submit invoices to Owner as per O.C.G.A. § 13-11-1 et seq.
• Georgia Sales Tax: [Specify Responsibility for Sales Tax – e.g., Included, Excluded]

7. Completion and Acceptance

• Satisfactory completion shall be defined as completion of all Work in accordance with the contract documents and issuance of a certificate of occupancy (if required) by the [City/County].
• Punch List: Upon substantial completion, the Owner and Contractor shall jointly create a punch list of remaining items to be completed.
• Warranty Period: Contractor warrants all work for a period of [Number] months from the date of substantial completion.
• Warranty Exclusions: This warranty does not cover defects caused by [List of Exclusions].

8. Materials and Equipment

• Contractor shall supply all materials and equipment, except for: [List of Owner-Supplied Items].
• Owner-Provided Utilities: Owner shall provide [List of Utilities].
• Site Access: Owner shall provide reasonable access to the project site.

9. Lien Rights and Notices

• Contractor has the right to file a claim of lien under Georgia law (O.C.G.A. § 44-14-361).
• Contractor shall provide the Owner with all required pre-lien notices.
• Waivers and Releases: Lien waivers shall be in the form required by Georgia statute. Conditional and Unconditional lien waiver forms in accordance with O.C.G.A. § 44-14-366 will be provided.

10. Allowances, Contingency, and Change Orders

• Allowances: The contract price includes the following allowances: [List of Allowances and Amounts].
• Contingency Amount: A contingency amount of [Dollar Amount or Percentage]% of the total contract price is included for unforeseen expenses.
• Change Orders: All changes to the Work must be documented in a written change order signed by both the Owner and Contractor.

11. Insurance and Bonding

• Contractor shall maintain the following insurance coverage: general liability, workers' compensation (if required under Georgia law), builder's risk, and auto liability.
• Certificates of Insurance: Contractor shall provide Owner with certificates of insurance.
• Bonding: [Specify Bonding Requirements – e.g., Performance Bond, Payment Bond].

12. Site Safety and Compliance

Contractor shall be responsible for site safety and compliance with all applicable laws and regulations, including Georgia E-Verify/immigration laws, drug-free workplace requirements, and OSHA standards.

13. Subcontractors

• Contractor shall obtain Owner's approval prior to hiring any subcontractors.
• Contractor shall disclose to the Owner the names, addresses, licenses, and insurance information of all subcontractors.

14. Dispute Resolution

Disputes shall be resolved through direct negotiation, then mediation/arbitration or litigation. Venue shall be in the county where the project is located. Georgia law (O.C.G.A.) shall govern this Agreement.

15. Force Majeure

Neither party shall be liable for delays caused by force majeure events, including weather (based on historical averages), strikes, or acts of God.

16. Suspension and Termination

• Option A: This Agreement may be terminated by either party for cause upon [Number] days' written notice.
• Option B: Owner may terminate this agreement for convenience upon [Number] days written notice to the contractor.
• Material Breach: Termination for material breach shall be in accordance with Georgia statutory requirements.

17. Indemnification

The indemnification clause shall comply with O.C.G.A. § 13-8-2.

18. Consumer Protection (Residential Contracts)

For residential contracts, Contractor shall comply with Georgia’s Fair Business Practices Act, including required rescission notices.

19. Confidentiality and Intellectual Property

Contractor shall maintain the confidentiality of design documents and client information.

20. Property Insurance

Owner shall maintain property insurance during construction.

21. Notices

All notices shall be in writing and delivered as required by O.C.G.A. § 13-1-11 to the addresses listed above.

22. Amendments

All amendments to this Agreement must be in writing and signed by both parties.

23. Public Construction Projects

For public construction projects, Contractor shall comply with all applicable State of Georgia procurement laws.

24. Payment Documentation

• Contractor shall provide a schedule of values, affidavits, waivers, and inspection sign-offs as required for payment.
• Georgia-specific final payment documentation (e.g., Affidavit of Payment of Debts and Claims, Conditional Lien Waiver and Release per O.C.G.A. § 44-14-366) will be provided.

Signatures

____________________________

[Contractor Full Legal Name]

____________________________

[Owner Full Legal Name]