Massachusetts construction service contract template

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How Massachusetts construction service contract Differ from Other States

Massachusetts requires contractors to be registered and, in many cases, licensed, which is more strictly regulated compared to some other states.
Mechanic’s lien rights in Massachusetts have specific notice and filing requirements distinct from most other jurisdictions.
Massachusetts law mandates particular disclosures and consumer protection clauses, especially regarding residential construction.

Frequently Asked Questions (FAQ)

Q: Is a written contract compulsory for construction work in Massachusetts?

A: Yes, for most residential construction and home improvement projects, a written contract is legally required in Massachusetts.
Q: Are there special requirements for contractor licensing in Massachusetts?

A: Yes, contractors must be registered with the state, and certain types of work require a Construction Supervisor License.
Q: Does the contract need to address mechanic’s lien rights?

A: Yes, Massachusetts contracts should include lien rights information and adhere to specific notice requirements for valid lien protection.

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Massachusetts Construction Services Contract

This Massachusetts Construction Services Contract (the "Contract") is made and entered into as of this [Date] by and between:

[Contractor Legal Name], a [State] [Entity Type, e.g., Corporation], with its principal place of business at [Contractor Address] and Massachusetts Home Improvement Contractor Registration Number [HIC Number] (hereinafter referred to as "Contractor");

AND

[Owner Legal Name], residing at [Owner Address] (hereinafter referred to as "Owner").

1. Project Description and Location

The Contractor shall perform certain construction services (the "Services") at the following location (the "Project Location"):

Option A: [Street Address, City, State, Zip Code], more particularly described as: [Legal Property Description].

Option B: As detailed in Exhibit A attached hereto and incorporated herein.

Architect/Engineer (if applicable): [Architect/Engineer Name], located at [Architect/Engineer Address].

2. Scope of Work

The Contractor shall perform the Services as described below:

Option A: All work necessary to complete the project as described in Exhibit B (Plans and Specifications) attached hereto and incorporated herein.

Option B: The following specific tasks:

Site Preparation: [Description]

Demolition: [Description]

Excavation: [Description]

Structural Work: [Description]

Electrical: [Description]

Plumbing: [Description]

HVAC: [Description]

Finish Work: [Description]

Other: [Description]

3. Project Timeline

The Services shall commence on or before [Start Date] and shall be substantially completed on or before [Completion Date], subject to excusable delays as defined herein.

Milestone Completion Dates:

[Milestone 1 Description]: [Date]

[Milestone 2 Description]: [Date]

[Milestone 3 Description]: [Date]

"Substantial Completion" shall mean that the Project is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Project for its intended use, and as defined under Massachusetts law.

4. Contract Price and Payment Schedule

The total contract price for the Services shall be: [Dollar Amount].

Option A: Fixed Price.

Option B: Time and Materials, at the following rates: [Labor Rates], plus the cost of materials.

Option C: Cost-Plus-Fee, consisting of the cost of materials and labor, plus a fee of [Percentage]%.

Payment Schedule:

[Percentage]% upon execution of this Contract.

[Percentage]% upon completion of [Specific Milestone].

[Percentage]% upon Substantial Completion.

[Percentage]% final payment upon completion of all punch list items and receipt of unconditional lien waivers.

All payments shall be made in accordance with Massachusetts General Laws Chapter 142A, if applicable.

5. Change Orders

Any changes to the Scope of Work or the Project Timeline must be documented in a written change order, signed by both the Contractor and the Owner, in compliance with Massachusetts law.

The change order shall include:

A description of the change.

The impact on the Contract Price.

The impact on the Project Timeline.

6. Permits and Inspections

The Contractor shall be responsible for obtaining all necessary building permits and inspections required by the Commonwealth of Massachusetts and the local municipality.

Option A: The Contractor shall obtain and pay for all permits.

Option B: The Contractor shall obtain the permits, and the Owner shall pay for the permit fees.

All work shall be performed in compliance with the Massachusetts Building Code.

7. Insurance

The Contractor shall maintain the following insurance coverage:

General Liability Insurance: [Coverage Amount].

Workers' Compensation Insurance: As required by Massachusetts law.

The Contractor shall provide the Owner with certificates of insurance evidencing such coverage upon request.

Option: Owner shall be named as additional insured on the general liability policy.

8. Subcontractors

The Contractor may subcontract portions of the Services, but shall remain responsible for the quality of the work performed by its subcontractors.

A list of all subcontractors is attached hereto as Exhibit C.

Option: The Owner reserves the right to approve or reject any proposed subcontractor.

9. Warranties

The Contractor warrants that all work will be performed in a workmanlike manner and free from defects for a period of [Number] year(s) from the date of Substantial Completion.

All materials shall be warranted by the manufacturer.

10. Default and Termination

Either party may terminate this Contract for cause upon written notice to the other party if the other party materially breaches this Contract.

The Owner may terminate this Contract for convenience upon written notice to the Contractor.

Upon termination, the Contractor shall be entitled to payment for all work performed and materials provided up to the date of termination, plus reasonable overhead and profit.

11. Dispute Resolution

Any disputes arising under this Contract shall be resolved through:

Option A: Negotiation, then mediation in Massachusetts, and then binding arbitration in accordance with the rules of the American Arbitration Association.

Option B: Negotiation, then mediation in Massachusetts, and then litigation in the courts of the Commonwealth of Massachusetts.

This Contract shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.

12. Notices

All notices required or permitted under this Contract 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.

13. Massachusetts Home Improvement Contractor Law

NOTICE: Massachusetts law requires all home improvement contractors to be registered with the Office of Consumer Affairs and Business Regulation. For more information, contact the Office at (617) 973-8787 or visit their website at www.mass.gov/ocabr.

The Owner has a three-day right to cancel this contract.

14. Lien Waivers

The Contractor shall provide the Owner with lien waivers from all subcontractors and suppliers upon request, in accordance with Massachusetts General Laws Chapter 254.

15. Entire Agreement

This Contract 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 of this Contract.

16. Severability

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

17. Amendment

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

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

[Contractor Legal Name]

By: [Contractor Signature]

Name: [Contractor Printed Name]

Title: [Contractor Title]

[Owner Legal Name]

By: [Owner Signature]

Name: [Owner Printed Name]