Maine construction service contract template

Maine Construction Services Contract

This Maine Construction Services Contract (the “Agreement”) is made and entered into as of [Date], by and between [Contractor Full Legal Name], a [State] [Business Type, e.g., Corporation], with a principal place of business at [Contractor Business Address] (“Contractor”), and [Client Full Legal Name], residing at [Client Residence Address] (“Client”).

Contractor Contact Information:

• Name: [Contractor Contact Name]
• Address: [Contractor Business Address]
• Phone: [Contractor Phone Number]
• Email: [Contractor Email Address]
• Maine License Number(s): [Contractor Maine License Numbers] (if applicable)

Client Contact Information:

• Name: [Client Contact Name]
• Address: [Client Residence Address]
• Phone: [Client Phone Number]
• Email: [Client Email Address]

1. Project Location

The Project shall be located at the property described as follows:

• Street Address: [Property Street Address]
• Municipal Tax Map and Lot Number: [Tax Map Number] - [Lot Number]
• Legal Property Description: [Legal Property Description]

2. Scope of Work

The Contractor shall perform the following work (the “Work”):

• Option A: The Work shall consist of all labor, materials, equipment, and services necessary to complete [Describe General Project, e.g., the construction of a new single-family residence] in accordance with the plans and specifications attached hereto as Exhibit A.
• Option B: The Work shall include the following specific tasks:
  • [Task 1 Description]
  • [Task 2 Description]
  • [Task 3 Description]
• Materials and Quality Standards: The Contractor shall use materials that meet or exceed the following standards: [Specific Material Standards, e.g., Maine Uniform Building and Energy Code standards, ASTM standards].
• Methods of Performance: The Contractor shall perform the Work in a good and workmanlike manner, in accordance with industry standards and all applicable laws, regulations, and codes.

3. Contract Documents

The following documents are incorporated into and made a part of this Agreement:

• Plans and Specifications: Attached hereto as Exhibit A. [Architect/Engineer Name (Maine Licensed) and Seal] (if applicable)
• Engineering Reports: Attached hereto as Exhibit B. [Engineer Name (Maine Licensed) and Seal] (if applicable)
• Other: [List Other Relevant Documents, e.g., Soil Test Results]

4. Project Schedule

• Start Date: [Start Date]
• Substantial Completion Date: [Substantial Completion Date]
• Final Completion Date: [Final Completion Date]
• Major Project Milestones:
  • [Milestone 1 Description and Date]
  • [Milestone 2 Description and Date]
  • [Milestone 3 Description and Date]
• Time Extensions: The Contractor shall be entitled to a reasonable extension of time for delays caused by:
  • Weather Delays: As documented by [Specify Method, e.g., National Weather Service records].
  • Change Orders: As agreed upon in writing by both parties.
  • Other: [Specify Other Permissible Time Extensions]

5. Materials

• Types and Sources of Materials: [Specify Material Types and Sources, e.g., Lumber from Local Supplier, Specific Brand of Windows].
• Party Providing Materials: [Specify Who Provides Materials, e.g., Contractor provides all materials; Client provides certain fixtures].
• Waste Disposal: The Contractor shall dispose of all construction debris in an environmentally compliant manner, in accordance with Maine Department of Environmental Protection (DEP) regulations.

6. Site Conditions

• Site Access: The Client shall provide the Contractor with reasonable access to the Project site.
• Utilities Usage: The Contractor shall be permitted to use existing utilities at the site, subject to the following conditions: [Specify Conditions, e.g., Client to pay for utilities; Contractor to provide temporary power].
• Jobsite Safety: The Contractor shall maintain a safe jobsite in accordance with Maine labor safety laws and OSHA standards.
• Work Hours: The Contractor shall perform the Work during the following hours: [Specify Work Hours].
• Noise/Disturbance Mitigation: The Contractor shall take reasonable steps to minimize noise and disturbance to surrounding properties.

7. Permits and Inspections

• Responsibility: [Specify Who Is Responsible for Obtaining Permits, e.g., The Contractor shall be responsible for obtaining all necessary building permits from the Town of [Town Name].]
• Code Compliance: The Work shall comply with all applicable state, county, and municipal codes and regulations, including the Maine Uniform Building and Energy Code.
• Lead Abatement/Asbestos Notification: If the Project involves renovation or demolition of a pre-1978 building, the Contractor shall comply with all applicable lead abatement and asbestos notification requirements.

8. Payment

• Total Contract Sum: The total contract sum for the Work is [Amount in Numbers] dollars ([Amount in Words]).
• Payment Schedule:
  • Option A (Fixed Price):
    • [Percentage or Amount]% upon signing of this Agreement.
    • [Percentage or Amount]% upon completion of [Milestone].
    • [Percentage or Amount]% upon substantial completion of the Work.
    • [Percentage or Amount]% upon final completion of the Work.
  • Option B (Cost-Plus): The Client shall pay the Contractor for the actual cost of labor, materials, and equipment, plus a fee of [Percentage]% of the total cost.
  • Option C (Time and Materials): The Client shall pay the Contractor for labor at a rate of [Rate] per hour and for materials at the Contractor's cost plus [Percentage]%.
• Retainage: [Specify Retainage Terms, e.g., 5% retainage shall be withheld from each progress payment until substantial completion], in accordance with Maine law.
• Change Order Pricing: Change orders shall be priced at [Specify Pricing Method, e.g., Contractor's cost plus 15% for overhead and profit].
• Invoicing: The Contractor shall submit invoices to the Client [Specify Frequency, e.g., monthly].
• Maine Sales and Use Tax: Applicable Maine sales and use taxes shall be added to all invoices.

9. Change Orders

All changes to the Work must be documented in a written change order signed by both parties. Each change order will include a description of the change, the impact on the Project schedule, and the adjusted contract sum. Change orders may require Maine lien waivers upon payment.

10. Insurance

The Contractor shall maintain the following insurance coverage:

• Builder’s Risk Insurance: [Minimum Coverage Amount]
• General Liability Insurance: [Minimum Coverage Amount]
• Workers’ Compensation Insurance: As required by Maine law.
• Certificate of Insurance: The Contractor shall provide the Client with a certificate of insurance evidencing the required coverage.
• Notice of Cancellation: The Contractor shall provide the Client with [Number] days’ notice of cancellation of any insurance policy.

11. Contractor Registration and Licensing

The Contractor represents and warrants that it is duly registered with the State of Maine and possesses all required trade licenses to perform the Work. The Contractor is registered as a Maine Home Construction Contractor, if applicable. Contractor shall provide proof of compliance with Maine Worker Classification Law upon request.

12. Risk of Loss

The Contractor shall bear the risk of loss for all Work in progress and materials stored on site until substantial completion.

13. Warranty

The Contractor warrants that the Work will be free from defects in workmanship and materials for a period of [Number] year(s) from the date of substantial completion. This warranty excludes: [Specify Exclusions, e.g., acts of God, client-supplied materials].

14. Completion

• Substantial Completion: Substantial completion shall occur when the Work is sufficiently complete in accordance with the Contract Documents so that the Client can occupy or utilize the Work for its intended purpose.
• Final Completion: Final completion shall occur when all Work, including punch list items, has been completed in accordance with the Contract Documents.
• Punch List: Upon substantial completion, the Contractor and Client shall jointly create a punch list of remaining items to be completed.
• Inspections: The Work shall be subject to inspections by local code enforcement officials.
• Acceptance: The Client’s final acceptance of the Work shall be evidenced by a written statement.

15. Suspension and Termination

• Suspension of Work: The Contractor may suspend the Work if the Client fails to make timely payments.
• Termination for Default: Either party may terminate this Agreement for default if the other party breaches a material provision of this Agreement, including nonpayment, breach of safety, or permitting issues.
• Termination for Convenience: The Client may terminate this Agreement for convenience upon written notice to the Contractor. In such event, the Contractor shall be compensated for all Work performed and materials purchased prior to the date of termination, plus reasonable overhead and profit.
• Termination for Force Majeure: Either party may terminate this agreement if the Work is made impossible due to natural disasters or other events beyond control. The Contractor will be compensated as indicated above.
• Cure Period: The defaulting party shall have [Number] days to cure the default after receiving written notice.

16. Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be resolved as follows:

• Direct Negotiation: The parties shall first attempt to resolve the dispute through direct negotiation.
• Mediation: If direct negotiation fails, the parties shall submit the dispute to mediation with a mediator located in [County Name] County, Maine.
• Arbitration/Litigation: If mediation fails, the parties may pursue arbitration or litigation in a court of competent jurisdiction in [County Name] County, Maine, applying Maine law.

17. Indemnification

The Contractor shall indemnify and hold harmless the Client from and against any and all claims, damages, losses, and expenses arising out of or resulting from the Contractor’s negligence or willful misconduct in performing the Work, but only to the extent caused by the Contractor. This includes third-party liabilities and mechanic’s lien claims.

18. Mechanic’s Lien Rights

The Client acknowledges that the Contractor has the right to file a mechanic’s lien against the Project property in the event of nonpayment. The Contractor shall furnish a Notice to Owner regarding Maine's mechanics' lien law. Lien waivers/subordination agreements will be provided with each payment.

19. Required Documentation Upon Completion

Upon completion of the Work, the Contractor shall provide the Client with the following documentation:

• Certificates of Occupancy
• Warranty Documents
• As-Built Drawings
• Release of Liens
• Affidavits of Final Payment

20. Compliance with Laws

The Contractor shall comply with all applicable Maine wage and hour laws, equal employment opportunity requirements, anti-discrimination laws (including Maine Human Rights Act provisions), environmental statutes, and historical preservation statutes.

21. Confidentiality

Any proprietary blueprints or construction methods shared shall be kept confidential. Data privacy protection, if client data is processed, shall be maintained.

22. Assignment/Subcontracting

The Contractor shall not assign or subcontract any portion of the Work without the prior written consent of the Client. All subcontractors must hold valid Maine business licenses or registrations.

23. Maine Home Construction Contracts Act Compliance

This Agreement complies with the Maine Home Construction Contracts Act (10 M.R.S. §1486 et seq.), when applicable. The Client acknowledges receipt of a copy of this Agreement and understands their right to cancel the contract within three business days.

24. Other Maine-Mandated Disclosures

• Right to Cure: The Client acknowledges their right to cure any defects in the Work.
• Consumer Home Repair Rights: The Client understands their rights under Maine consumer protection laws.
• Disclosure of Insurance Coverage: The Contractor's insurance coverage is as described in Section 10.
• Lead Paint Hazard Notice: For pre-1978 buildings, the Client has received a lead paint hazard notice.

25. Severability

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

26. Amendments

This Agreement may be amended only by a written instrument signed by both parties.

27. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Maine. The exclusive venue for any legal action arising out of or relating to this Agreement shall be in the state or federal courts located in [County Name] County, Maine.

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 Full Legal Name]

By: ____________________________
[Client Signature]

Name: [Client Printed Name]