Wisconsin construction service contract template

Wisconsin Construction Service Contract

This Wisconsin Construction Service Contract (the “Contract”) is made and entered into as of this [Date], by and between [Contractor Legal Name], a [State] [Business Type, e.g., Corporation], with its principal place of business at [Contractor Address] ("Contractor"), and [Client Legal Name], residing at [Client Address] ("Client").

Project Address: [Project Address]

1. Contractor Information:

• Legal Name: [Contractor Legal Name]
• Business Address: [Contractor Address]
• Phone Number: [Contractor Phone Number]
• Email: [Contractor Email]
• Wisconsin Contractor Registration Number: [Contractor Registration Number]
• Wisconsin DWD Employer/Account Number: [Contractor DWD Number]
• License Number (if applicable): [Contractor License Number]

2. Client Information:

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

3. Scope of Work:

• The Contractor shall perform the following work (the “Work”) at the Project Address, in accordance with the attached plans and specifications (Exhibit A).
• Statement of Work: [Detailed description of work, including labor, materials, and equipment. Reference Exhibit A.]
  • Detailed description:
    • Option A: The Contractor shall provide all labor and materials necessary to complete the Work as described in Exhibit A.
    • Option B: The Client will provide the following materials: [List of materials provided by client]. The Contractor shall provide all remaining materials and labor.
• The Contractor will integrate the work of the following subcontractors: [List of subcontractors and their specific tasks].

4. Permits, Inspections, and Approvals:

• Responsibility for Obtaining Permits:
  • Option A: The Contractor is responsible for obtaining and paying for all necessary permits.
  • Option B: The Client is responsible for obtaining and paying for all necessary permits.
• Regardless of who obtains the permit, the Contractor is responsible for ensuring compliance with all applicable Wisconsin and local building codes, including the Wisconsin Uniform Dwelling Code (UDC) or International Building Code (IBC) as adopted. The Client is responsible for providing access to the property and cooperating with inspections.

5. Project Schedule:

• Commencement Date: [Date]
• Estimated Substantial Completion Date: [Date]
• Estimated Final Completion Date: [Date]
• Milestones: [List of Key Milestones with Dates]
  • Delay Procedures:
    • Option A: Extensions to the schedule due to unforeseen circumstances (e.g., weather, material shortages) will be addressed through written change orders.
    • Option B: The Contractor is responsible for managing project timelines, including any related delays.

6. Pricing and Payment:

• Total Contract Price: [Dollar Amount]
  • Payment Breakdown (if applicable):
    • Labor: [Dollar Amount]
    • Materials: [Dollar Amount]
    • Equipment: [Dollar Amount]
• Payment Schedule: [Describe payment schedule, e.g., progress payments based on percentage of completion]
• Retainage: [Specify retainage percentage, if any, in accordance with Wisconsin law]
• Late Payment Interest: Interest will accrue on late payments at the rate of [Percentage]% per annum, subject to Wis. Stat. § 138.04.
• Sales Tax: Responsibility for payment of Wisconsin sales/use taxes on materials and services lies with:
  • Option A: The Contractor. The total contract price includes applicable sales taxes.
  • Option B: The Client. The Client is responsible for direct payment of sales tax.

7. Lien Rights and Notices:

• The Client is advised that Wisconsin law (Wis. Stat. Ch. 779) provides for construction liens against their property for labor, services, and materials furnished in improving their property.
• The Contractor shall provide the Client with a lien waiver upon each payment.
• The Contractor will provide the Client with the required Preliminary Notice within 10 days of first furnishing labor or materials as required by Wis. Stat. § 779.02(2)(a).
• Notice of Intent to File a Lien must be served on the owner at least 30 days before filing the lien claim with the circuit court pursuant to Wis. Stat. § 779.06.

8. Insurance and Bonding:

• Insurance Requirements:
  • General Liability: [Dollar Amount]
  • Worker's Compensation: As required by Wisconsin law.
  • Auto Liability: [Dollar Amount]
• The Contractor shall provide the Client with a certificate of insurance evidencing the required coverage.
• Indemnification: The Contractor agrees to indemnify and hold harmless the Client from any claims arising from the Contractor's negligence, subject to Wis. Stat. § 895.447.
• Bonding:
  • Option A: The Contractor shall provide a performance and payment bond in the amount of [Dollar Amount].
  • Option B: No performance or payment bond is required.

9. Change Orders and Extras:

• All changes or additions to the Work must be documented in a written change order, signed by both parties.
• Pricing for extras will be based on:
  • Option A: Time and materials at a rate of [Dollar Amount] per hour plus the cost of materials.
  • Option B: A fixed price agreed upon in writing before the extra work begins.

10. Site Conditions/Differing Conditions:

• The Contractor shall notify the Client immediately upon discovery of any concealed or differing site conditions.
• The process for handling differing site conditions will be as follows: [Describe the process, e.g., written notice, evaluation, change order].

11. Owner Responsibilities:

• The Client shall provide the Contractor with access to the Project Address.
• The Client is responsible for securing any necessary financing.
• The Client is responsible for timely decisions related to the Work.

12. Subcontracting:

• The Contractor may subcontract portions of the Work, but shall remain responsible for the performance of all subcontractors.
• All subcontractors must be licensed and insured as required by Wisconsin law.
• The Client has the right to approve all subcontractors.

13. Warranties and Correction of Work:

• The Contractor warrants that the Work will be performed in a workmanlike manner and free from defects for a period of one (1) year from the date of substantial completion.
• Manufacturer warranties will apply to materials.
• If any defects are discovered within the warranty period, the Contractor shall promptly repair or replace the defective work.
• Home Improvement Warranties - Obligations under Wis. Stat. § 706.10(7) regarding home improvement warranties.

14. Acceptance and Completion:

• Substantial Completion: Occurs when the Work is sufficiently complete in accordance with the Contract Documents so that the Client can occupy or utilize the Work for its intended purpose.
• Final Completion: Occurs when all Work is completed in accordance with the Contract Documents, including punch-list items.
• The Contractor shall provide the Client with as-built plans and operations manuals upon final completion.

15. Termination:

• Termination for Cause: Either party may terminate the Contract for cause upon written notice.
• Termination for Convenience: The Client may terminate the Contract for convenience upon [Number] days written notice.
• Upon termination, the Contractor shall be paid for all Work completed to date, less any damages incurred by the Client as a result of the Contractor's breach.

16. Limitations of Liability:

• The Contractor's liability for damages shall be limited to the total contract price.
• The Contractor shall not be liable for consequential damages.

17. Dispute Resolution:

• Any disputes arising out of this Contract shall be resolved through mandatory negotiation and mediation before resorting to litigation.
• If mediation is unsuccessful, the parties may agree to binding arbitration in Wisconsin.

18. Compliance with Laws and Regulations:

• The Contractor shall comply with all applicable Wisconsin statutes and regulations.

19. Indemnification:

• The Contractor agrees to indemnify, defend, and hold harmless the Client from any third-party claims arising from the Contractor's negligence, subject to limitations in Wis. Stat. § 895.447.

20. Force Majeure:

• Neither party shall be liable for delays caused by events beyond their reasonable control (e.g., weather, pandemics, strikes).

21. Confidentiality and Non-Disclosure:

• The parties agree to keep project information confidential.

22. Assignment:

• Neither party may assign this Contract without the written consent of the other party.

23. Signatures:

• This Contract is effective as of the date first written above.

[Contractor Legal Name]

By: [Contractor Printed Name]

Title: [Contractor Title]

Date: [Date]

[Client Legal Name]

By: [Client Printed Name]

Title: [Client Title (e.g., Owner)]

Date: [Date]

24. Attachments and Exhibits:

• Exhibit A: Plans and Specifications
• Exhibit B: [Other attachments]

25. Notices:

• All notices required under this Contract shall be in writing and sent to the addresses listed above.

26. Regulatory Disclosures and Consumer Protection:

• For residential contracts, the Contractor will provide the Client with the statutory disclosures required by Wis. Stat. § 101.654.
• The Contractor will provide the "Right to Cure Law" notice for home improvement contracts.
• The Contractor is registered with the Wisconsin Department of Safety and Professional Services (DSPS) under number [DSPS Number].

27. Non-Waiver:

• The failure to exercise any right under this Contract shall not constitute a waiver of that right.

28. Severability:

• If any provision of this Contract is held invalid, the remainder of the Contract shall remain in effect.

29. Entire Agreement and Amendment:

• This Contract constitutes the entire agreement between the parties and supersedes all prior agreements. This Contract may only be amended in writing, signed by both parties.

30. Special Project/Location-Specific Requirements:

• [Include any special requirements related to the specific Wisconsin locality or project type]