Washington construction service contract template

Washington Construction Services Contract

This Washington Construction Services Contract (“Agreement”) is made and entered into as of this [Date], by and between:

Contractor: [Contractor Full Legal Name], a [Business Entity Type, e.g., Washington Corporation], with a principal place of business at [Contractor Full Address], Washington, State Contractor Registration Number [Contractor Registration Number] (per RCW 18.27), telephone number [Contractor Phone Number], and email address [Contractor Email Address].

Client/Property Owner: [Client Full Legal Name], residing at [Client Full Address], Washington, telephone number [Client Phone Number], and email address [Client Email Address].

Project Scope

Option A: The Contractor shall perform the following construction services (the “Work”) at the property located at [Project Address], Washington, as described in Exhibit A (the “Plans”) and Exhibit B (the “Specifications”), which are attached hereto and incorporated herein by reference. The Architect/Engineer of Record for the Project is [Architect/Engineer of Record Name].

Option B: The Work consists of [Brief Description of Work]. The Work includes the following:

[Detailed List of Included Work, with References to Drawings and Technical Documents]

[Allowed Exclusions]

The Contractor shall provide all materials and labor necessary to complete the Work, except as expressly excluded above.

Work Schedule

Option A: The Work shall commence on [Commencement Date] and be substantially completed on or before [Substantial Completion Date].

Option B:

The Work shall commence on [Commencement Date].

Milestones:

[Milestone 1]: [Date]

[Milestone 2]: [Date]

Substantial Completion: [Substantial Completion Date]

Weather Delay Protocol: Delays due to inclement weather shall be documented, and the Substantial Completion Date shall be extended by a mutually agreed-upon number of days.

Working Hours: The Contractor shall perform the Work during the hours of [Start Time] to [End Time], Monday through Friday, unless otherwise agreed to in writing by the Client.

Early/Late Completion:

Option 1: [Incentive for Early Completion, if any].

Option 2: [Penalty for Late Completion, if any].

Permits and Approvals

Option A: The Contractor shall be responsible for obtaining all necessary permits, inspections, and regulatory approvals required for the Work, including but not limited to those required by [City/County], the Washington State Department of Labor & Industries (L&I), and environmental agencies.

Option B: The Client shall be responsible for obtaining the following permits: [List of Permits Client is Responsible For]. The Contractor shall be responsible for all other required permits.

The Contractor shall ensure that all Work complies with the latest Washington State Building Code, local building ordinances, L&I safety standards, ADA requirements, universal energy codes, and any other applicable legal mandates.

Contract Price and Payment

Option A: Lump Sum. The Contract Price for the Work is a lump sum of [Dollar Amount], inclusive of all materials, labor, permits, and Contractor’s profit and overhead.

Option B: Unit Price. The Contract Price shall be based on the unit prices listed in Exhibit C, subject to actual quantities.

Option C: Cost-Plus. The Contract Price shall be the Contractor’s actual costs plus a fee of [Percentage]%.

Option D: Guaranteed Maximum Price (GMP). The Guaranteed Maximum Price for the Work is [Dollar Amount].

Breakdown: [Detailed Breakdown of Contract Price]

Allowances: The Contract Price includes the following allowance items: [List of Allowance Items and Amounts]

Change Orders: Change Orders shall be priced as outlined in Section 6 below.

Payment Schedule:

Deposit: A deposit of [Dollar Amount] (not to exceed Washington limits) shall be paid upon execution of this Agreement.

Progress Payments: Progress payments shall be made according to the following schedule:

[Percentage]% upon completion of [Milestone or Percentage of Completion]

[Percentage]% upon completion of [Milestone or Percentage of Completion]

Retainage: Retainage of [Percentage]% shall be withheld from each progress payment, per RCW 60.28.

Final Payment: Final payment, including release of retainage, shall be due upon Substantial Completion of the Work, subject to the Client’s reasonable satisfaction and receipt of all required lien releases.

Taxes: Sales or use taxes, if applicable, shall be added to each invoice.

Invoicing: The Contractor shall submit invoices on [Date] of each month.

Payment Withholding: The Client may withhold payment for defective Work, failure to comply with the Contract Documents, or failure to pay subcontractors or suppliers.

Insurance and Bonding

The Contractor shall maintain the following insurance coverage:

General Liability: [Dollar Amount] per occurrence

Workers’ Compensation: As required by Title 51 RCW

Builder’s Risk: [Dollar Amount]

[Specific Project Endorsements, if any]

The Contractor shall provide Certificates of Insurance to the Client prior to commencement of the Work.

Performance Bond:

Option A: The Contractor shall provide a performance bond in the amount of [Dollar Amount].

Option B: A performance bond is not required for this project.

Payment Bond:

Option A: The Contractor shall provide a payment bond in the amount of [Dollar Amount].

Option B: A payment bond is not required for this project.

Change Orders

All changes to the Work must be authorized by a written Change Order signed by both the Contractor and the Client.

The Change Order shall describe the changes to the Work, the impact on the Contract Price, and the impact on the Work Schedule.

The Contractor shall provide a detailed cost breakdown for each Change Order.

No Work shall be performed on a Change Order until it has been approved in writing by both parties.

Lien Rights and Disclosures

The Contractor shall provide the Client with the Notice to Customer Regarding Lien Rights as mandated by RCW 60.04.

The Client acknowledges that the Contractor has the right to file a mechanic’s or materialman’s lien against the property if payment is not made.

The Contractor shall provide lien releases or waivers from all subcontractors and suppliers as a condition of progress and final payment.

Subcontractors and Suppliers

The Contractor shall obtain the Client’s approval prior to subcontracting any portion of the Work.

The Contractor shall ensure that all subcontractors are properly registered with the Washington State Department of Labor & Industries (L&I) per RCW 18.27.

The Contractor shall be responsible for ensuring that all subcontractors comply with applicable prevailing wage laws (RCW 39.12), if applicable.

Prevailing Wage and Labor Standards

If this is a public works project, the Contractor shall comply with all applicable prevailing wage laws, project labor agreements, apprenticeship utilization requirements, and minority/women-owned business requirements.

The Contractor shall provide proof of compliance with all such requirements.

Site Conditions and Safety

The Contractor has assessed the site conditions and is responsible for identifying and mitigating any hazardous materials, including asbestos and lead paint.

The Contractor shall maintain a safe and clean work site and comply with all applicable environmental regulations, including stormwater, erosion control, and debris disposal requirements under Washington law.

Project Communication

The Contractor shall hold regular project meetings with the Client to discuss the progress of the Work.

The Contractor shall provide the Client with regular reports on the status of the Work.

Acceptance and Warranty

The Client shall have the right to inspect the Work upon completion.

The Contractor shall provide a one-year warranty on all labor and materials, per Washington law.

[Option for Extended Warranties, e.g., Roof Warranty, Manufacturer Warranties]

The Contractor shall correct any defects in workmanship or materials that arise during the warranty period.

Termination

Either party may terminate this Agreement for cause upon written notice to the other party.

The Client may terminate this Agreement for convenience upon written notice to the Contractor.

In the event of termination, the Contractor shall be paid for all Work performed to date, plus reasonable demobilization costs.

Independent Contractor Status

The Contractor is an independent contractor and is not an employee of the Client.

The Contractor is responsible for complying with all applicable Washington business, employment, and tax laws.

Indemnification

The Contractor shall indemnify and hold harmless the Client from any and all claims, losses, damages, and expenses arising out of the Contractor’s performance of the Work, except to the extent caused by the Client’s negligence or willful misconduct.

Dispute Resolution

Any disputes arising out of this Agreement shall be resolved through direct negotiation, mediation, or arbitration, as agreed to by the parties.

This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Venue for any legal action shall be in [County Name] County, Washington.

Confidentiality

The Contractor shall maintain the confidentiality of all Client information and project documentation.

Regulatory Compliance

The Contractor shall comply with all applicable regulatory requirements, including Washington Department of Labor & Industries (L&I) contractor registration, workers’ compensation, unemployment insurance, business licensing, and environmental compliance.

Consumer Protection Notice

FOR RESIDENTIAL OWNERS: This contract is subject to consumer protections under RCW 18.27.114, including the required consumer notice.

Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to a force majeure event, such as acts of God, government shutdowns, or supply chain disruptions.

Entire Agreement

This Agreement, including all exhibits and attachments, constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written. This agreement may only be amended by a written document signed by both parties.

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

Contractor:

____________________________ [Contractor Printed Name]

____________________________ [Contractor Signature]

Date: _______________________

Client/Property Owner:

____________________________ [Client Printed Name]

____________________________ [Client Signature]

Date: _______________________