West Virginia construction service contract template

West Virginia Construction Service Contract

This West Virginia Construction Service Contract (the "Agreement") is made and entered into as of [Date of Execution], by and between:

• Contractor: [Full Legal Name of Contractor], a [State of Formation] [Entity Type, e.g., Corporation, LLC], with its principal place of business at [Contractor Physical Address], Business License Number: [Contractor Business License Number], West Virginia Contractor License Number: [WV Contractor License Number], Telephone: [Contractor Telephone Number], Email: [Contractor Email Address].
• Client: [Full Legal Name of Client/Property Owner], residing at [Client Physical Address], Telephone: [Client Telephone Number], Email: [Client Email Address].

1. Project Scope and Location

• The Contractor agrees to perform the following construction services (the "Services") at the property located at [Project Location Address] (the "Property"):
  • Option A: Detailed Description of Services: [Detailed Description of Services].
  • Option B: Reference to Attached Plans & Specifications: The Services shall be performed in accordance with the plans and specifications attached hereto as Exhibit A and incorporated herein by reference. These plans and specifications include, but are not limited to: [List Specific Plans and Specifications].
  • Option C: Project Overview: [Brief summary of the project]. These services will be carried out in accordance with industry standards and best practices in West Virginia.

2. Permits, Licenses, and Approvals

• The Contractor shall be responsible for obtaining the following permits, licenses, and approvals required for the Project:
  • Option A: List of Required Permits: [List of Permits, e.g., Building Permit, Electrical Permit, Plumbing Permit].
  • Option B: Contractor Responsibility: Contractor is responsible for obtaining all permits, licenses and approvals required for the Project, as specified by West Virginia state and local regulations.
  • Option C: Client Responsibility: Client is responsible for obtaining all permits, licenses and approvals required for the Project, as specified by West Virginia state and local regulations.
• The Contractor warrants compliance with all applicable West Virginia state and local building codes, zoning ordinances, environmental regulations, and safety regulations, including OSHA requirements.

3. Start and Completion Dates

• The Services shall commence on [Start Date] and be substantially completed on or before [Completion Date], subject to excusable delays.
  • Option A: Milestone Schedule:
    • Milestone 1: [Milestone Description] - Completion Date: [Date].
    • Milestone 2: [Milestone Description] - Completion Date: [Date].
  • Option B: Liquidated Damages: In the event of a delay not caused by the client, contractor will be subject to [Amount per day] in liquidated damages.
  • Option C: Excusable Delays: Contractor shall not be held liable for failure to perform or delays caused by events beyond their reasonable control, including but not limited to acts of God, strikes, labor disputes, material shortages, and governmental regulations.

4. Materials, Equipment, and Labor

• The Contractor shall furnish all materials, equipment, and labor necessary to complete the Services.
  • Option A: Specified Materials: The following materials shall be used: [List of Specified Materials, including brands and models].
  • Option B: Contractor Choice: Contractor shall select materials according to industry standards.
  • Option C: Client Approval: Client must approve of all materials selected before construction.

5. Client Obligations

• The Client shall:
  • Provide the Contractor with timely access to the Property.
  • Provide access to utilities (water, electricity) as needed.
  • Provide any necessary information required for the Contractor to perform the Services.
  • Option A: Site Preparation: Client shall be responsible for [Specific Site Preparation Tasks].
  • Option B: Utility Access: Client is responsible for providing uninterrupted access to [Utilities Required].
  • Option C: Information Delivery: Client must provide requested information within [number] days.

6. Contract Price and Payment

• The total contract price for the Services is [Contract Price].
  • Option A: Payment Structure:
    • Lump Sum: Payment will be a fixed sum of [Amount].
    • Cost-Plus: Payment will be the cost of work plus a markup of [Percentage].
  • Option B: Progress Payments:
    • Payment 1: [Amount or Percentage] upon signing of the Agreement.
    • Payment 2: [Amount or Percentage] upon completion of [Milestone].
    • Payment 3: [Amount or Percentage] upon substantial completion of the Services.
    • Final Payment: [Amount or Percentage] upon final completion and acceptance of the Services.
  • Option C: Retainage: A retainage of [Percentage]% will be withheld from each progress payment, not to exceed the legal maximum in West Virginia, and released upon final completion and acceptance of the Services.
  • Option D: Change Orders: Change Orders must be in writing and signed by both parties, specifying the change in scope and price.
  • Option E: Invoice and Lien Waiver: Contractor shall provide a detailed invoice and a lien waiver with each payment request, reflecting West Virginia's Mechanic's Lien laws.

7. Prompt Payment

• Payments are due within [Number] days of invoice receipt. Late payments shall be subject to interest at the rate of [Percentage]% per month, as permitted by West Virginia law.
  • Option A: Interest Rate: Interest rate will be [Percentage]%.
  • Option B: Late Payment Penalty: A penalty of [Dollar Amount] will be charged for late payment.

8. Risk and Responsibility

• The Contractor assumes all risk and responsibility for the Services until final acceptance by the Client. Title to materials passes to Client upon installation.
  • Option A: Material Storage: Contractor is responsible for safe storage of materials.
  • Option B: Damage Responsibility: Contractor is responsible for any damage to existing structures caused by negligence during construction.

9. Insurance

• The Contractor shall maintain the following insurance coverage:
  • General Liability Insurance: [Coverage Amount].
  • Workers' Compensation Insurance: As required by West Virginia law.
  • Automobile Liability Insurance: [Coverage Amount].
  • Option A: Builder's Risk: Contractor will maintain Builder's Risk insurance.
  • Option B: Certificate of Insurance: Contractor shall provide a certificate of insurance to the Client prior to commencement of the Services.

10. Quality Assurance and Warranties

• The Contractor warrants that the Services will be performed in a workmanlike manner and free from defects for a period of [Warranty Period] from the date of substantial completion, or as otherwise required by West Virginia law.
  • Option A: Specific Warranty: Warranty covers defects in [List Specific Items, e.g., workmanship, materials].
  • Option B: Punch-List Procedure: Client will provide a punch list within [Number] days of substantial completion.

11. Subcontractors

• The Contractor may use licensed subcontractors to perform portions of the Services. The Contractor is responsible for the work of its subcontractors.
  • Option A: List of Subcontractors: The following subcontractors will be used: [List Subcontractor Names and Trades].
  • Option B: Client Approval: All subcontractors must be approved by Client.

12. Unforeseen Conditions

• In the event of unforeseen conditions (e.g., hazardous materials, site contamination), the Contractor shall notify the Client immediately, and the parties shall negotiate an equitable adjustment to the contract price and schedule.
  • Option A: Hazardous Material Discovery: Client will be responsible for the remediation of hazardous materials.
  • Option B: Cost Sharing: The cost of addressing unforeseen conditions will be shared equally.

13. Force Majeure

• Neither party shall be liable for delays or failures in performance caused by events beyond their reasonable control (e.g., acts of God, war, terrorism).
  • Option A: Notice Requirement: Notice of force majeure must be given within [Number] days.

14. Indemnification

• The Contractor shall indemnify and hold harmless the Client from and against any and all claims, damages, losses, and expenses arising out of the Contractor's negligence in the performance of the Services, subject to West Virginia’s anti-indemnity statutes.
  • Option A: Scope of Indemnification: Limited to claims arising directly from contractor's actions.

15. Compliance with West Virginia Jobs Act

• If this is a public project, the Contractor shall comply with the West Virginia Jobs Act, including reporting requirements and local labor/hiring standards.
  • Option A: Reporting Requirements: Contractor will submit required reports to [Agency Name].

16. Construction Defects and Correction

• The parties agree to address construction defects and corrections in accordance with the West Virginia Consumer Credit and Protection Act, including right to cure obligations and mandatory notice periods prior to litigation.
  • Option A: Notice Period: Client must provide written notice of defects within [Number] days.
  • Option B: Contractor Right to Cure: Contractor has [Number] days to cure defects.

17. Suspension or Termination

• Either party may suspend or terminate this Agreement for cause, upon written notice to the other party. The Client may also terminate for convenience, in which case the Contractor shall be compensated for work performed and materials purchased to date.
  • Option A: Termination for Cause: Requires [Number] days' notice.
  • Option B: Termination for Convenience: Contractor shall be paid for all work performed and materials purchased.

18. Limitation of Liability

• In no event shall either party be liable for consequential damages. The Contractor's liability shall be limited to the contract price.
  • Option A: Exclusion of Damages: Excludes loss of profits and business interruption.

19. Dispute Resolution

• Any disputes arising out of or relating to this Agreement shall be resolved through:
  • Negotiation.
  • Mediation.
  • Arbitration or litigation in the courts of West Virginia.
  • Option A: Venue: Exclusive jurisdiction and venue shall be in the courts of [County Name] County, West Virginia.

20. As-Built Drawings and Manuals

• The Contractor shall provide the Client with as-built drawings, operations and maintenance manuals, and final lien releases upon completion of the Services.
  • Option A: Delivery Method: Documents will be delivered electronically.

21. No Assignment

• Neither party may assign this Agreement without the written consent of the other party.
  • Option A: Consent Required: Written consent from both parties is required for any assignment of rights.

22. Plain Language

The parties agree that this Agreement shall be interpreted in plain language, consistent with West Virginia consumer laws.

23. Confidentiality

• The parties agree to maintain the confidentiality of any proprietary information shared during the Project.
  • Option A: Scope of Confidentiality: Includes [List Specific Information Covered].

24. Consumer Protection Disclosures

The Contractor shall provide all mandatory consumer protection disclosures and notices as required by West Virginia law, including statements of lien rights before work commences.

25. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral. This Agreement may be amended only in writing, signed by both parties.

26. Compliance with West Virginia Law

This Agreement shall be governed by and construed in accordance with the laws of the State of West Virginia. The contractor shall comply with all relevant West Virginia statutes, administrative rules, and local ordinances affecting construction services.

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

____________________________
[Full Legal Name of Contractor]

By: ____________________________
[Contractor's Signature]

[Contractor's Printed Name and Title]

____________________________
[Full Legal Name of Client/Property Owner]

By: ____________________________
[Client's Signature]

[Client's Printed Name]