New Hampshire construction service contract template

New Hampshire Construction Service Contract

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

• [Contractor Company Name], a [Contractor Business Entity Type] with a principal place of business at [Contractor Address] and New Hampshire Contractor License Number(s) [Contractor License Number(s)] (hereinafter referred to as "Contractor");
• and
• [Client Name], residing at [Client Address] (hereinafter referred to as "Client").

WHEREAS, Client desires to have certain construction services performed; and WHEREAS, Contractor is qualified and desires to perform such services; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

Project Description:

• The Contractor shall perform the following construction services (the "Work") at the project site located at [Project Site Address], legally described as [Legal Description of Property].
• The Work shall be performed in accordance with the attached architectural plans and specifications (Exhibit A), and all applicable New Hampshire building codes and municipal ordinances.
• Option A: The Work includes, but is not limited to: [Detailed Itemization of Work, e.g., site preparation, foundation, framing, etc.]
• Option B: See Exhibit A for a detailed scope of work.

Compliance with Laws and Regulations:

• The Contractor shall comply with all applicable New Hampshire state and local building codes, permitting processes, environmental regulations (including RSA Chapter 147-A for hazardous materials), occupational safety standards, lead paint and asbestos notification requirements, and required contractor licensing or registration.
• Option A: Contractor warrants compliance with all applicable environmental laws.
• Option B: Client is responsible for environmental compliance.

Project Schedule:

• The Work shall commence on [Start Date] and be substantially completed on or before [Substantial Completion Date]. Final Completion shall be achieved by [Final Completion Date].
• Option A: Time is of the essence.
• Option B: Time is not of the essence.
• The Contractor shall adhere to the project schedule attached as Exhibit B. The Work will generally be performed during the hours of [Work Hours], and in compliance with local noise ordinances.

Materials and Equipment:

• The Contractor shall supply all materials, equipment, and labor necessary to complete the Work, except as otherwise specified.
• Option A: Client will supply [List of Client-Supplied Items].
• Option B: No materials will be supplied by the client.
• All materials shall meet the quality and brand standards specified in Exhibit C.

Site Conditions:

• Contractor has inspected the site and is familiar with existing site conditions.
• Option A: Contractor is responsible for identifying unforeseen site conditions.
• Option B: Client is responsible for unforeseen site conditions.
• In the event of unforeseen conditions, concealed defects, hazardous materials, or archeological finds, the Contractor shall immediately notify the Client and comply with all applicable New Hampshire notification and remediation requirements.

Contract Price and Payment:

• The total contract price for the Work shall be [Contract Price], payable as follows:
• Option A: Lump Sum.
• Option B: Cost-Plus Fee.
• Option C: Guaranteed Maximum Price (GMP).
• Payment Schedule:
• Progress payments shall be made based on the Schedule of Values attached as Exhibit D.
• A retainage of [Retainage Percentage]% will be withheld from each progress payment.
• Invoices, with supporting documentation, shall be submitted to the Client on [Invoice Frequency].
• The parties agree that New Hampshire’s Lien Law, RSA 447 applies to this agreement. Contractor shall provide all required notifications per RSA 447. Client is hereby notified of the risk of liens if payments are not made.

Change Orders:

• Any changes to the scope of the Work must be documented in a written change order, signed by both parties, before the changed work is performed.
• Option A: Change orders will include a fixed price.
• Option B: Change orders will be billed at an hourly rate plus materials.
• Change order requests will be addressed and responded to by the Client within [Number] days.

Insurance:

• The Contractor shall maintain the following insurance coverage in compliance with New Hampshire law:
• Workers’ Compensation Insurance.
• General Liability Insurance.
• Builder’s Risk Insurance.
• Contractor shall provide Client with certificates of insurance.

Permits and Inspections:

• Option A: The Contractor shall be responsible for obtaining and maintaining all necessary permits, inspections, and approvals from New Hampshire and local authorities.
• Option B: The Client shall be responsible for obtaining and maintaining all necessary permits, inspections, and approvals from New Hampshire and local authorities.

Warranty:

• The Contractor warrants that the Work will be performed in a workmanlike manner and free from defects for a period of [Warranty Period, e.g., 1 year, 2 years] from the date of Substantial Completion.
• Option A: Warranty covers materials.
• Option B: Warranty does not cover materials.
• This warranty does not cover damage caused by owner-performed work or abuse.

Termination:

• Either party may terminate this Agreement for cause upon [Number] days written notice.
• Option A: Client may terminate this agreement for convenience.
• Option B: Client may not terminate this agreement for convenience.
• In the event of termination, the Contractor shall be entitled to payment for all Work performed and materials furnished up to the date of termination, plus reasonable demobilization costs.

Dispute Resolution:

• Any disputes arising out of or relating to this Agreement shall be resolved through negotiation, mediation, and, if necessary, binding arbitration in accordance with the rules of the American Arbitration Association. The venue for any arbitration or legal action shall be [County] County, New Hampshire.
• Option A: Both parties will pay their own attorney's fees.
• Option B: The prevailing party will recover attorney's fees.

Governing Law:

This Agreement shall be governed by and construed in accordance with the laws of the State of New Hampshire.

Indemnification:

The Contractor shall indemnify, defend, and hold harmless the Client from and against any and all claims, liabilities, damages, losses, and expenses (including attorney’s fees) arising out of or relating to the Contractor’s performance of the Work, injury to persons or property, and regulatory violations.

Notices:

All notices required or permitted under this Agreement shall be in writing and shall be deemed effectively given upon personal delivery or upon deposit in the United States mail, certified or registered, postage prepaid, addressed to the other party at the address set forth above.

Entire Agreement:

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

Amendments:

No amendment to this Agreement shall be effective unless it is in writing and signed by both parties.

New Hampshire Lien Law:

Pursuant to RSA 447, the New Hampshire Lien Law, Contractor informs Owner that Contractor, and any subcontractors, may file a mechanics' lien on Owner's property if Contractor and/or Subcontractors are not paid. Owner is advised to take all reasonable steps to ensure that Contractor is paid, including, but not limited to, obtaining lien waivers from Contractor and all Subcontractors.

Signatures:

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

____________________________ [Contractor Representative Name], [Contractor Title] [Contractor Company Name]

____________________________ [Client Name]

EXHIBIT A: Scope of Work, Project Plans, Technical Drawings, and Materials List

EXHIBIT B: Project Schedule

EXHIBIT C: Materials Specifications and Quality Standards

EXHIBIT D: Schedule of Values