South Dakota construction service contract template

South Dakota Construction Service Contract

This Construction Service Contract (the "Agreement") is made and entered into as of this [Date], by and between [Contractor Name], with a principal place of business at [Contractor Address], South Dakota, holding South Dakota Contractor License Number [License Number], hereinafter referred to as "Contractor," and [Client Name], residing at [Client Address], South Dakota, hereinafter referred to as "Client."

Contractor Information

• Contractor Name: [Contractor Name]
• Address: [Contractor Address]
• Phone Number: [Contractor Phone Number]
• Email: [Contractor Email]
• South Dakota Contractor License Number: [License Number]
• Bonding Information: [Bonding Company Name], Policy Number: [Policy Number] (Attach Proof)
• Insurance Information: [Insurance Company Name], Policy Number: [Policy Number] (Attach Certificate of Insurance)

Client Information

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

Project Description

The Contractor agrees to perform the following work (the "Work") for the Client, in accordance with the terms and conditions of this Agreement:

• Description of Work: [Detailed Description of Work]
• Project Location: [Project Address, City, South Dakota]
• Construction Drawings/Specifications: (Attached as Exhibit A, or specify where drawings/specs can be found) [Location of Drawings/Specs]
• Materials to be Provided:
  • Contractor-Supplied Materials: [List of Contractor-Supplied Materials]
  • Client-Supplied Materials: [List of Client-Supplied Materials]
• Applicable Building Codes: South Dakota Codified Laws, [Local City/County Ordinances], Uniform Building Code as adopted locally (if applicable).
• Required Permits/Approvals:
  • Option A: Contractor shall be responsible for obtaining all necessary permits and approvals at Contractor's expense.
  • Option B: Client shall be responsible for obtaining all necessary permits and approvals at Client's expense.
  • Option C: Contractor shall assist client with obtaining the permits and approvals at [Agreed-upon arrangement]

Project Schedule

• Commencement Date: [Start Date]
• Substantial Completion Date: [Completion Date]
• Critical Milestones: [List of Milestones with Dates]
• Delays and Extensions:
  • Extensions due to weather conditions will be granted as per South Dakota weather patterns and documented delays.
  • Procedure for Delays: [Defined Procedure for Handling Delays]
• Penalties/Remedies for Late Completion: [Specify penalties or remedies]

Pricing and Payment

• Pricing Structure:
  • Option A: Lump Sum: [Total Project Cost]
  • Option B: Cost Plus: Cost of materials plus [Percentage]% for labor and overhead.
  • Option C: Time and Materials: Hourly rate of [Hourly Rate] plus cost of materials.
  • Option D: Unit Prices: [Specify unit prices for different work items]
• Payment Schedule:
  • Mobilization Fee: [Amount] due upon execution of this Agreement.
  • Progress Payments: [Schedule of Progress Payments Linked to Milestones]
  • Final Payment: [Amount] due upon completion and acceptance of the Work.
• Retainage: [Percentage]% retainage as per South Dakota law (if applicable).
• Lien Waiver Requirements: Contractor shall provide lien waivers for each payment received.
• Invoice Frequency: [Frequency of Invoicing]
• Invoice Content: Invoices shall include a detailed breakdown of labor, materials, and any other applicable costs.
• Applicable Taxes: All applicable South Dakota taxes are included in the stated price, except [Specify exceptions, if any].

Change Orders

• Procedure for Change Orders: All change orders must be in writing and signed by both parties.
• Basis for Cost/Time Adjustments: [Specify basis, e.g., actual cost plus markup, agreed-upon price]
• Mutual Written Consent: No change order shall be effective unless agreed to in writing by both parties.

Mechanics' Lien Rights and Waivers

• Contractor's Duty to Provide Notice: Contractor shall provide the Client with a statutory notice of right to claim a lien within the deadlines required by South Dakota law.
• Client's Rights and Obligations: Client acknowledges their rights and obligations under South Dakota lien laws.

Unforeseen Site Conditions and Hazardous Materials

• Notification Procedures: Contractor shall immediately notify Client of any unforeseen site conditions or discovery of hazardous materials.
• Cost and Schedule Implications: Cost and schedule adjustments due to unforeseen conditions shall be mutually agreed upon in writing.
• Compliance: Compliance with South Dakota Department of Environment and Natural Resources requirements.

Workmanship and Materials

• Standards for Workmanship: All work shall be performed in a workmanlike manner and in accordance with industry standards.
• Standards for Materials: All materials shall be of good quality and suitable for the intended purpose.
• Quality Control/Inspection Rights: Client or their agent shall have the right to inspect the Work at reasonable times.
• Warranty Period: [Number] year warranty on [Specify Warrantied Items], as per South Dakota law.
• Warranty Claim Procedures: [Describe warranty claim procedure]

Insurance

• Contractor's General Liability Insurance: [Coverage Amount]
• Contractor's Automobile Liability Insurance: [Coverage Amount]
• Workers' Compensation Insurance: As required by the South Dakota Workers' Compensation Law.
• Builder's Risk Insurance: [Coverage Amount] (if applicable)
• Additional Insured Endorsements: Client to be named as an additional insured on Contractor's general liability policy.

Site Access, Safety, and Security

• Site Access: Contractor shall have reasonable access to the project site.
• Safety: Contractor shall comply with all applicable OSHA and South Dakota-specific safety regulations.
• Debris Removal and Cleanup: Contractor is responsible for construction debris removal and final site cleanup.

Subcontractors

• Subcontractor Usage: Contractor may use subcontractors with Client's prior approval.
• Subcontractor Requirements: Subcontractors must be licensed and insured.
• Flow-Down of Obligations: Contractual obligations flow down to subcontractors.

Dispute Resolution

• Stepwise Process:
  • Good Faith Negotiation
  • Optional Mediation by a South Dakota Mediator
  • Binding Arbitration in South Dakota per the South Dakota Uniform Arbitration Act
  • Litigation in [Specified South Dakota County Court]

Governing Law and Venue

• Governing Law: This Agreement shall be governed by the laws of the State of South Dakota.
• Venue: Venue for any legal proceedings shall be in [Specified South Dakota County].

Termination

• Termination for Cause: [Conditions for termination for cause]
• Termination for Convenience: [Conditions for termination for convenience]
• Required Notices: [Number] days' written notice required for termination.
• Termination-Related Compensation: [Specify compensation or reimbursements]

Indemnification

• Contractor Responsibilities: Contractor shall indemnify and hold harmless Client from third-party claims, injury, property damage, arising from contractor’s work.
• Limitations: Subject to statutory exceptions or limitations under South Dakota law.

Force Majeure

• Force Majeure Events: Events impacting South Dakota construction projects (e.g., severe weather, shortage of materials, labor strikes).
• Notification Requirements: Prompt written notification of any force majeure event.
• Effect on Performance: Contract performance/timeline may be adjusted due to force majeure events.

Confidentiality

• Non-Disclosure: [Specify confidential information and non-disclosure terms]

Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions and agreements.

Amendment

This Agreement may be amended only in writing signed by both parties.

Assignment

• Assignment Restrictions: [Specify assignment restrictions, if any]

Notice

• Owner's Notice Address: [Owner Notice Address]
• Contractor's Notice Address: [Contractor Notice Address]

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

____________________________
[Contractor Name], Contractor
By: [Contractor Printed Name]
Title: [Contractor Title]
Date: [Date]

____________________________
[Client Name], Client
By: [Client Printed Name]
Title: [Client Title]
Date: [Date]