Missouri construction service contract template

Missouri Construction Service Contract

This Construction Service Contract (the “Agreement”) is made and entered into as of this [Date], by and between [Owner Name], residing at [Owner Address] (the “Owner”), and [Contractor Name], residing at [Contractor Address], and holding Missouri License No. [Contractor License Number] (the “Contractor”).

1. Definitions

• Owner: [Owner Name], the legal owner of the property.
• Contractor: [Contractor Name], a licensed contractor in Missouri.
• Subcontractor: Any individual or entity hired by the Contractor to perform a portion of the Work.
• Substantial Completion: The stage in the progress of the Work when the Work is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended purpose.
• Change Order: A written amendment to this Agreement signed by both parties, detailing changes to the Scope of Work, Contract Price, or Project Schedule.

2. Scope of Work

• The Contractor shall perform the following work: [Detailed Description of Work, including Project Plans, Blueprints, Work Locations (with legal descriptions or addresses), Permits Required, and any Site-Specific Requirements pursuant to Missouri statutes.]
• Work Location: [Property Address or Legal Description]
• The work includes all labor, materials, equipment, and services necessary to complete the project as described.

3. Deliverables

• The Contractor shall provide the following deliverables: [List of all materials, equipment, and services to be provided, referencing industry standards and Missouri building codes (including but not limited to the most current version of the International Building Code as locally adopted), and detailing required inspections, approvals, and compliance with local municipalities and regulations.]
• All work shall comply with the most current version of the International Building Code as adopted by the locality and all applicable Missouri building codes and regulations.

4. Project Schedule

• Expected Start Date: [Start Date]
• Expected Completion Date: [Completion Date]
• The work shall be completed according to the following milestones: [Phases or Milestones]
• Working Hours: The contractor is authorized to work between [Start Time] and [End Time].
• Any delays must be communicated in writing within [Number] days.

5. Payment Terms

• Contract Price: [Lump Sum, Unit Price, or Cost Plus] : [Dollar Amount]
• Retainage: [Percentage] (not to exceed 10% on private construction and 5% for public works, per Missouri Statute).
• Progress Payments: Payments shall be made according to the following schedule: [Progress Payment Intervals]
• All payments are subject to the Missouri Prompt Payment Act (RSMo 431.180).
• Interest for late payments shall accrue at a rate of [Percentage] per month.
• Conditional and unconditional lien waivers shall be provided with each payment request.

6. Insurance and Bonds

• The Contractor shall maintain the following insurance coverage:
  • Commercial General Liability: [Coverage Amount]
  • Workers’ Compensation: As required by Missouri Statutes.
  • Builder’s Risk: [Coverage Amount]
  • Auto Liability (if applicable): [Coverage Amount]
• The Contractor shall provide proof of insurance before commencing work.
• Bond Requirements: [Specify Bond Requirements for Public or Large Private Projects (including performance and payment bonds per RSMo 107.170 and related statutes)]

7. Permits, Licenses, and Compliance

• The Contractor is responsible for securing all required permits.
• All work shall comply with all applicable construction, labor, safety, and environmental regulations of Missouri and local jurisdictions.
• All workers shall be properly licensed where required under Missouri law.

8. Warranties and Workmanship Obligations

• The Contractor warrants the work for a period of [Number] years from the date of Substantial Completion, but not less than the statutory minimum per RSMo 516.120.
• The Contractor shall remedy any defects in workmanship or materials that appear within the warranty period.
• The process for making warranty claims is as follows: [Process for Making Warranty Claims Post-Completion]

9. Change Order Procedure

• All Change Orders must be in writing and signed by both parties.
• The Change Order shall include a description of the change, the impact on the Contract Price, and the impact on the Project Schedule.
• Change Orders shall be priced using the following method: [Pricing Method]

10. Subcontractor and Supplier Management

• Major Subcontractors: [Identification of Major Subcontractors]
• All Subcontractors and Suppliers shall be paid in accordance with the Missouri Prompt Payment Act.
• The Contractor is responsible for the compliance of all Subcontractors with all applicable laws.

11. Site Safety and OSHA Compliance

• The Contractor is responsible for maintaining a safe job site and complying with all applicable OSHA regulations.
• The Contractor shall have a drug-free workplace program.
• Accident reporting procedures: [Accident Reporting Procedures]

12. Material Delivery, Storage, and Protection

• The Contractor is responsible for the proper storage and protection of materials.
• Risk of loss for materials stored onsite or in transit shall be borne by: [Contractor or Owner, as agreed].

13. Inspections and Acceptance Procedures

• The work shall be subject to inspections by: [Required Municipality or County Inspections, Independent Third-Party Inspections as needed]
• The Owner shall have [Number] days to review the work after notification of completion.
• Punch-list procedures: [Punch-List Procedures]

14. Lien Rights, Waiver, and Release Provisions

• The Contractor shall comply with Missouri mechanics’ lien law (RSMo Chapter 429).
• The Contractor shall provide preliminary notices, sworn statements, partial and final lien waivers as required.

15. Dispute Resolution

• Any disputes arising out of this Agreement shall be resolved through the following process:
  • Negotiation
  • Mediation
  • [Arbitration or Litigation]
• If arbitration is chosen, it shall be conducted in accordance with Missouri’s Uniform Arbitration Act.
• The venue for any legal action shall be in [County] County, Missouri.

16. Termination and Suspension

• The Owner may terminate this Agreement for cause if the Contractor fails to perform the work in accordance with the terms of this Agreement.
• The Contractor may terminate this Agreement for cause if the Owner fails to make payments as required by this Agreement.
• Notice and curative periods shall comply with applicable Missouri statutes.

17. Force Majeure and Unforeseeable Conditions

• Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to Force Majeure events, including but not limited to: [Flooding, severe weather, supply chain interruptions].
• The affected party shall provide prompt notice to the other party of any Force Majeure event.

18. Indemnity and Hold Harmless

The Contractor shall indemnify and hold harmless the Owner from and against any and all claims, losses, damages, liabilities, and expenses arising out of or relating to the Contractor’s work, to the extent permitted by Missouri anti-indemnity statutes (RSMo 434.100 et seq.).

19. Limitation of Liability

[Carefully drafted limitation of liability language, consistent with Missouri contract law.]

20. Assignment and Delegation

This Agreement may not be assigned or delegated by either party without the prior written consent of the other party.

21. Confidentiality

[Confidentiality of project information and intellectual property clauses, if applicable.]

22. Governing Law and Jurisdiction

• This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri.
• The exclusive venue for any legal action arising out of this Agreement shall be in the courts of Missouri.

23. Notice

All notices under this Agreement shall be in writing and delivered by: [Delivery Methods, Contact Information, and Effective Dates]

24. Entire Agreement, Severability, Amendment, and Waiver

• This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
• If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• This Agreement may be amended only by a written instrument signed by both parties.
• No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.

25. Signatures

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

____________________________
[Owner Name], Owner

____________________________
[Contractor Name], Contractor, License No. [Contractor License Number]

Notary Public: [Notary Requirements if Mandated]

26. Exhibits and Attachments

[List of Exhibits and Attachments: Drawings, Schedules, Specifications, Regulatory Requirements, Insurance Certificates, Performance or Payment Bonds, and any Client or Public Agency Stipulations unique to Missouri.]

27. Compliance with Anti-Discrimination and Prevailing Wage Laws

The Contractor shall comply with all applicable anti-discrimination and prevailing wage laws in Missouri, including compliance with anti-discrimination, prevailing wage, and minority business enterprise laws that may be triggered on public projects in Missouri, citing relevant Missouri Revised Statutes.

28. Residential Construction Specifics

• For residential construction, clear statements about the Missouri Home Solicitation Sale Act and right of rescission where applicable, as well as notice to the owner about obtaining lien waivers and protections under the Missouri New Home Warranty Act if relevant.
  • Missouri Home Solicitation Sale Act [Applicable Terms]
  • Missouri New Home Warranty Act [Applicable Terms]