Vermont construction service contract template

Vermont Construction Services Contract

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

• [Contractor Full Legal Name], a [State] [Entity Type] with its principal place of business at [Contractor Address] and Vermont Contractor Registration Number [Contractor Registration Number] (hereinafter referred to as "Contractor"), and
• [Client Full Legal Name], residing at [Client Address] (hereinafter referred to as "Client").

1. Scope of Work

• Option A (Detailed Description): Contractor shall perform the following construction services (the "Work") at the property located at [Project Address], in accordance with the attached plans and specifications (Exhibit A), which are incorporated herein by reference. The Work includes, but is not limited to:
  • Site preparation: [Description of Site Preparation]
  • Structural work: [Description of Structural Work]
  • MEP installations: [Description of MEP Installations]
  • Finishes: [Description of Finishes]
  • Specific Materials and Products: Contractor shall use the following specific materials and products (identified by brand, model, and grade where applicable): [List of Materials and Products].
• Option B (Summary Description with Reference to Documents): Contractor shall perform all work as described in the project plans and specifications dated [Date], prepared by [Architect/Engineer Name], and attached as Exhibit A. This includes all services necessary to complete the project described therein, including but not limited to the site preparation, demolition, concrete work, framing, roofing, siding, insulation, drywall, flooring, painting, electrical, plumbing, HVAC, and landscaping.
• Option C (Phased Work): Contractor shall perform the Work in phases, as follows: [Description of Phase 1], [Description of Phase 2], [Description of Phase 3]. Detailed descriptions and specifications for each phase are attached as Exhibit A.

The Work shall comply with all applicable Vermont and local building codes, including the Vermont Commercial Building Energy Standards or Residential Building Energy Standards as applicable, and all local permitting requirements. Where applicable, this Agreement incorporates the AIA Document [AIA Document Name].

2. Contractor's Representations and Warranties

• Option A (Standard Warranties): Contractor represents and warrants that:
  • Contractor is duly registered and licensed to perform the Work in the State of Vermont, as required by 2023 legislation.
  • All subcontractors and technicians employed by Contractor hold proper Vermont licenses or certifications for their respective trades.
  • The Work will be performed in a good and workmanlike manner, free from defects in materials and workmanship, and in accordance with industry standards.
• Option B (Extended Warranties): In addition to the standard warranties, Contractor warrants that:
  • The Work will comply with all applicable Vermont environmental regulations.
  • Contractor will obtain all necessary permits and approvals required for the Work.
• Option C (No Additional Warranties): Contractor provides no warranties beyond those implied by Vermont law.

3. Permits and Approvals

• Option A (Contractor Responsibility): Contractor shall be responsible for obtaining all necessary permits and approvals required for the Work, including building permits, electrical permits, plumbing permits, and any other permits required by the State of Vermont or the local municipality. Contractor shall obtain these permits by [Date].
• Option B (Client Responsibility): Client shall be responsible for obtaining all necessary permits and approvals required for the Work. Client shall obtain these permits by [Date].
• Option C (Shared Responsibility): Contractor shall be responsible for [Specific Permits Contractor Obtains], and Client shall be responsible for [Specific Permits Client Obtains].

4. Project Schedule

• Option A (Detailed Schedule): The Work shall commence on [Start Date] and be substantially completed by [Completion Date], subject to excusable delays as defined below. The following is a tentative project schedule:
  • Phase 1: [Phase 1 Dates]
  • Phase 2: [Phase 2 Dates]
  • Phase 3: [Phase 3 Dates]
• Option B (Milestone Schedule): The Work shall be completed according to the following milestones:
  • Milestone 1 (e.g., Foundation Completion): [Date]
  • Milestone 2 (e.g., Framing Completion): [Date]
  • Milestone 3 (e.g., Roofing Completion): [Date]
  • Substantial Completion: [Date]
• Option C (General Timeline): The Work is estimated to take [Number] weeks/months to complete.

Delay: In the event of delay due to weather, labor shortages, site conditions, or other causes beyond Contractor’s reasonable control (force majeure), Contractor shall provide written notice to Client within [Number] days of the event causing the delay, and the Completion Date shall be extended by a reasonable period, according to Vermont statutory definitions.

5. Payment

• Option A (Fixed Price): Client shall pay Contractor a fixed price of [Dollar Amount] for the Work.
• Option B (Cost-Plus): Client shall pay Contractor the cost of the Work plus a fee of [Percentage]% of the cost or [Fixed Dollar Amount].
• Option C (Time and Materials): Client shall pay Contractor at the rate of [Dollar Amount] per hour for labor and the actual cost of materials.

Payment Schedule:

• Down Payment: [Dollar Amount or Percentage] due upon signing of this Agreement.
• Progress Payments: Payments shall be made according to the following schedule: [Payment Schedule].
• Final Payment: The remaining balance shall be due upon substantial completion of the Work and Client's acceptance of the Work.

Retainage: Client shall retain [Percentage]% of each progress payment until substantial completion of the Work.

All invoices shall comply with the Vermont Prompt Payment Act.

6. Change Orders

All changes to the Work must be in writing and signed by both parties. The change order shall describe the changes to the Work and the resulting adjustment to the contract price and/or schedule. Change orders shall be executed in accordance with Vermont common practice.

7. Insurance and Bonding

• Option A (Standard Coverage): Contractor shall maintain the following insurance coverage:
  • General Liability Insurance: [Dollar Amount] per occurrence.
  • Workers' Compensation Insurance: As required by Vermont statutes.
  • Builder's Risk Insurance: [Dollar Amount]
• Option B (Enhanced Coverage): Contractor shall maintain the following insurance coverage:
  • General Liability Insurance: [Dollar Amount] per occurrence.
  • Workers' Compensation Insurance: As required by Vermont statutes.
  • Builder's Risk Insurance: [Dollar Amount]
  • Additional Insured: Client shall be named as an additional insured on Contractor's General Liability Insurance policy.
• Option C (No Builder’s Risk): The Client is responsible for providing Builder’s Risk Insurance.

Contractor shall provide Client with certificates of insurance evidencing the required coverage prior to commencement of the Work. Bonds (performance, payment, or bid bonds) will be provided if required by statute or the client, stating the Vermont legal standards for surety.

8. Termination

• Option A (Termination for Cause): Either party may terminate this Agreement for cause upon written notice to the other party if the other party breaches this Agreement and fails to cure the breach within [Number] days of the notice.
• Option B (Termination for Convenience): Client may terminate this Agreement for convenience upon [Number] days written notice to Contractor. In the event of termination for convenience, Client shall pay Contractor for all Work performed and materials purchased up to the date of termination, plus reasonable demobilization costs.
• Option C (Contractor Termination for Convenience): Contractor may terminate this Agreement for convenience upon [Number] days written notice to Client, if no work has commenced.

9. Dispute Resolution

Any dispute arising out of or relating to this Agreement shall be resolved through good-faith mediation. If mediation is unsuccessful, the dispute shall be submitted to arbitration in accordance with the Vermont Arbitration Act. The arbitration shall be conducted in [City, Vermont]. If arbitration is unsuccessful, either party may pursue litigation in the Vermont Superior Court. This Agreement shall be governed by and construed in accordance with the laws of the State of Vermont.

10. Lien Rights

Contractor acknowledges that Vermont law grants contractors and subcontractors lien rights. Contractor shall comply with all applicable pre-lien notice requirements and shall provide Client with releases or waivers of lien upon interim and final payment.

11. Notices

All notices required or permitted under this Agreement 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.

12. Other Terms

• Contractor is responsible for evidence of proper disposal/recycling (noting state-specific requirements for concrete, metal, and hazardous materials), stormwater management, and erosion control per Vermont Agency of Natural Resources rules.
• The contract contains the entire agreement, that modifications must be in a signed writing, and that any waiver of rights under the contract must be in writing.
• There is ongoing communication on project progress, scheduling, approvals, and change requests with designated points of contact for both parties.
• Documentation retention (project records, compliance certificates, warranties) for time periods mandated by Vermont law and provide for post-completion document handover to the client.

13. Consumer Protection Language (Residential Projects)

[Include all required Vermont-specific consumer protection language if this is a residential project, such as additional cancellation rights, capped upfront deposits, or special disclosures for home improvements, per the Vermont Consumer Protection Act.]

14. Severability

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

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]