Idaho construction service contract template

Idaho Construction Service Contract

This Idaho Construction Service Contract (the “Agreement”) is made and entered into as of this [Date] by and between:

• [Contractor Full Legal Name], a [Business Entity Type, e.g., Limited Liability Company] with a principal place of business at [Contractor Physical Address], Idaho Contractor Registration/License Number [Contractor Registration/License Number] (“Contractor”), and
• [Client/Owner Full Legal Name], residing at [Client/Owner Physical Address] (“Owner”).

WITNESSETH:

1. Project Description and Location

• The Contractor agrees to perform certain construction services (the “Work”) at the property located at [Property Physical Address], Idaho, Parcel/Lot Number [Parcel/Lot Number].
• The Work shall consist of [Detailed description of work including plans/specs, architectural or engineering drawings, referenced permits].
  • Option A: The Work includes, but is not limited to, the following phases: [List Construction Phases].
  • Option B: The Work excludes the following: [List of Exclusions].
• Detailed project plans and specifications are attached hereto as Exhibit A.
• Material and product specifications are as follows: [Brands, models, or standards for materials].

2. Scope of Work and Contractor Responsibilities

• The Contractor shall be responsible for sourcing all materials, labor, permits (as specified below), equipment, and subcontractors necessary to complete the Work in a good and workmanlike manner, in accordance with Idaho law and industry standards.
• Specific responsibilities of the Contractor include: [List specific contractor responsibilities].
  • Option A: Obtaining and paying for the following permits: [List Permits and permit numbers if known].
  • Option B: The Owner is responsible for obtaining and paying for the following permits: [List Permits and permit numbers if known].

3. Compliance with Laws and Regulations

• The Contractor acknowledges and agrees to comply with all applicable Idaho statutes, building codes (including the most recent Idaho-adopted International Building Code), county/city ordinances, licensing laws, environmental regulations (such as stormwater, asbestos, or hazardous materials handling), and OSHA safety regulations specific to Idaho construction projects.

4. Project Schedule

• The Work shall commence on [Commencement Date].
• The projected milestone dates are as follows: [List Milestone Dates].
• Substantial Completion shall be achieved by [Substantial Completion Date].
• Final Completion shall be achieved by [Final Completion Date].
  • Option A: Work hours shall be limited to [Work Hours].
  • Option B: Procedures for delays due to weather or labor shortages are as follows: [Delay Procedures].

5. Lien Notices and Waivers

• MANDATORY WRITTEN DISCLOSURE: AS REQUIRED BY IDAHO LAW, the Contractor informs the Owner that Idaho law allows construction laborers, material suppliers, and other parties who provide services or materials to improve the Owner’s property to file a lien against the property if they are not paid. The Owner has the right to withhold payment for defective or incomplete work. The Contractor is obligated to provide partial or final lien waivers before payment, as required under Idaho law.
• The Contractor shall provide partial lien waivers from subcontractors and suppliers with each invoice.
• The Contractor shall provide a final lien waiver upon final payment.

6. Payment Terms

• The total contract price for the Work is [Total Contract Price].
  • Option A: Fixed Price Contract
  • Option B: Time-and-Materials Contract, not to exceed [Maximum Price].
  • Option C: Cost-Plus Contract, not to exceed [Maximum Price].
• A deposit of [Deposit Amount] is due upon signing this Agreement.
• Retention: [Retention Percentage]% shall be retained from each progress payment until Substantial Completion.
• Progress payments shall be made according to the following schedule: [Detailed Progress Payment Schedule].
• Documentation required with each invoice: [List Required Documentation].

7. Taxes and Fees

• The contract price [includes/excludes] Idaho state and applicable local sales taxes.
• Responsibility for construction excise taxes and any permits or impact fees is as follows: [Party responsible for taxes and fees].

8. Change Orders

• Any changes to the Work must be documented in a written and signed change order, detailing changes in work scope, materials, timeline, and price adjustments. Oral agreements are not binding.

9. Inspections and Acceptance

• The Work shall be subject to inspections and testing at each phase.
• Upon Substantial Completion, a punch-list shall be created.
• A final walkthrough shall be conducted upon completion of the punch-list items.
• Written notice of substantial and final completion shall be provided by the Contractor.
• The Owner has the right to withhold payment pending correction of defects.

10. Warranties

• The Contractor warrants that the Work will be performed in a good and workmanlike manner for a period of [Warranty Duration] from the date of Substantial Completion. This is a minimum one-year workmanship warranty per industry standard.
• Manufacturer material warranties apply as specified in Exhibit B.
• Procedures for defect notice and remediation are as follows: [Defect Remediation Procedures].
• Exclusions from warranty: [List Warranty Exclusions].

11. Insurance

• The Contractor shall maintain the following insurance coverages: general liability policy with limits of not less than [Liability Limit], workers’ compensation coverage as required by Idaho Code §72-101 et seq., and [Builder's Risk Insurance if applicable].
• The Contractor shall provide certificates of insurance to the Owner prior to commencement of the Work.

12. Dispute Resolution

• Any disputes arising out of or relating to this Agreement shall be resolved through mandatory good faith negotiation.
• If negotiation fails, the parties agree to submit to mediation or arbitration in Idaho under agreed rules.
• Venue for any legal action shall be in [County Name] County, Idaho.
• Idaho state law shall govern this Agreement.
• Attorney fees and costs shall be allocated according to Idaho contract litigation practices.

13. Default and Termination

• Events of default include: failure to perform the Work, safety violations, uncorrected defective work, and unauthorized changes.
• The non-defaulting party shall provide written notice of default and a cure period of [Cure Period].
• The Owner may suspend work or terminate this Agreement for cause or convenience.
• Upon termination, the Owner shall pay the Contractor for work completed to date.
• The Contractor shall vacate the premises and leave the site in a safe condition upon termination.

14. Site Access and Protection

• The Contractor shall have reasonable access to the site for the purpose of performing the Work.
• The Contractor shall protect existing structures and utilities.
• The Contractor shall be responsible for hazardous materials handling in accordance with applicable regulations.
• The Contractor shall restore the property to its original condition upon completion of the Work.

15. Force Majeure

• Neither party shall be liable for delays or failures to perform due to force majeure events, including but not limited to acts of God, weather events (e.g., severe storms, flooding, wildfires), government orders, or labor strikes.

16. Indemnification

• The Contractor shall indemnify and hold harmless the Owner from and against any and all claims, damages, losses, and expenses arising out of or relating to the Contractor’s performance of the Work, except to the extent caused by the Owner's negligence or willful misconduct.

17. Notice

• All notices required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally or sent by certified mail, return receipt requested, to the addresses set forth above.

18. Idaho Specific Clauses

• Idaho Contractors Registration Act Disclosure: The Contractor is registered with the Idaho Contractors Board pursuant to Idaho Code §54-5201 et seq.
• Right of Rescission (For Residential Projects): For residential projects, the Owner has a three-business-day right to rescind this Agreement.
• Lead Paint Disclosure (For Pre-1978 Properties): If the Work involves pre-1978 property, a lead paint disclosure is attached hereto as Exhibit C.
• The contractor shall contact DigLine Idaho to locate and mark all existing utilities prior to commencement of any excavation.
• The contractor will minimize neighborhood disturbance during work hours.

19. Other Provisions

• Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written, relating to the subject matter hereof.
• Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Amendment: This Agreement may be amended only by a written instrument signed by both parties.
• Survival: The warranties and indemnities contained in this Agreement shall survive the termination of this Agreement.
• Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Electronic signatures shall be considered original signatures for all purposes.

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

[Contractor Full Legal Name]

By: [Contractor Signature]

Name: [Contractor Printed Name]

Title: [Contractor Title]

[Client/Owner Full Legal Name]

By: [Owner Signature]

Name: [Owner Printed Name]

Title: [Owner Title]