Wyoming construction service contract template

Wyoming Construction Services Contract

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

• [Contractor Full Legal Name], a [State of Incorporation, if applicable] [Business Structure, e.g., LLC, Corporation, Sole Proprietorship], with a principal place of business at [Contractor Business Address], Wyoming, holding Wyoming Contractor License Number [Contractor License Number] (hereinafter referred to as "Contractor"), and
• [Client Full Legal Name], residing at [Client Address], Wyoming (hereinafter referred to as "Client").

1. Project Description

• The Contractor agrees to perform construction services as described below:
  • Option A: The scope of work includes the construction of [Brief Description of Project, e.g., a single-family residence] at the following location: [Property Legal Description], Wyoming, in accordance with the attached architectural plans and engineering details, labeled Exhibit A.
  • Option B: The scope of work includes the remodeling of [Description of Remodeling, e.g., Kitchen and Bath] at the following location: [Property Address], Wyoming, as detailed in the specifications outlined in Exhibit B.
• The project includes the following phases of construction:
  • Phase 1: [Description of Phase 1, e.g., Foundation and Framing], deliverable: [Milestone Deliverable, e.g., Approved Framing Inspection].
  • Phase 2: [Description of Phase 2, e.g., Plumbing and Electrical Rough-in], deliverable: [Milestone Deliverable, e.g., Passed Rough-in Inspections].
  • Phase 3: [Description of Phase 3, e.g., Interior Finishing], deliverable: [Milestone Deliverable, e.g., Certificate of Occupancy].

2. Permits and Regulatory Compliance

• Responsibility for obtaining permits:
  • Option A: Contractor shall be responsible for obtaining all necessary permits and approvals required by the State of Wyoming, [City/County], and any other applicable regulatory agencies.
  • Option B: Client shall be responsible for obtaining all necessary permits and approvals. Contractor shall provide reasonable assistance to Client in obtaining such permits.
• Compliance with Wyoming regulations:
  • Contractor shall comply with all applicable Wyoming building codes, including those pertaining to the Wyoming Department of Fire Prevention and Electrical Safety.
  • Contractor shall verify and comply with regulations related to asbestos, lead, or other hazardous materials if present on the project site.

3. Construction Schedule

• The construction shall commence on [Start Date] and be substantially completed by [Completion Date], subject to excusable delays.
• Weather-related delays:
  • Delays due to inclement weather conditions typical to Wyoming (e.g., extreme cold, heavy snow, high winds) will be considered excusable delays, provided the Contractor provides written notice to the Client within [Number] days of the event.
• Extension requests:
  • Any request for an extension of the completion date must be submitted in writing to the Client, including detailed justification for the delay.

4. Payment Terms

• Payment Type:
  • Option A: Fixed Price: The total contract price is [Dollar Amount].
  • Option B: Cost-Plus: The cost of the work plus a fee of [Percentage]%.
  • Option C: Time and Materials: The Client will pay the Contractor for time spent on the project at an hourly rate of [Dollar Amount], plus the cost of materials.
• Payment Schedule:
  • Progress payments will be made upon completion of the following milestones:
    • Milestone 1: [Milestone Description], Payment: [Dollar Amount or Percentage].
    • Milestone 2: [Milestone Description], Payment: [Dollar Amount or Percentage].
    • Milestone 3: [Milestone Description], Payment: [Dollar Amount or Percentage].
• Retainage:
  • [Percentage]% of each progress payment will be retained until substantial completion of the project.
• Change Orders:
  • All change orders must be in writing and signed by both the Contractor and the Client prior to the commencement of any work affected by the change.
• Wyoming Sales Tax:
  • The contract price includes/excludes Wyoming sales tax on materials, as applicable. Labor is/is not subject to Wyoming sales tax as per current Wyoming law.

5. Client-Provided Information

• The Client shall provide the following information to the Contractor:
  • Site access: Unrestricted access to the project site.
  • Utility location: Accurate location of all underground utilities.
  • Surveys: Any existing surveys of the property.
• Timeline for providing information:
  • All required information must be provided to the Contractor within [Number] days of the execution of this Agreement.

6. Insurance and Bonding

• Insurance Requirements:
  • Contractor shall maintain general liability insurance with a minimum coverage of [Dollar Amount].
  • Contractor shall maintain workers' compensation insurance as required by Wyoming statute.
  • Contractor shall provide certificates of insurance to the Client upon request.
• Bonding (if applicable):
  • For projects exceeding [Dollar Amount], Contractor shall provide a performance bond and a payment bond in compliance with the Wyoming Little Miller Act.

7. Licensing

Contractor represents and warrants that it is duly licensed and authorized to perform construction services in the State of Wyoming.

8. Subcontracting

• Any subcontracting by the Contractor requires prior written approval from the Client.
• All subcontractors must comply with Wyoming licensing requirements and maintain appropriate insurance coverage.

9. Change Orders

All changes to the scope of work, cost, or schedule must be documented in writing and approved by both parties via a signed change order.

10. Quality Standards

The Contractor shall perform all work in accordance with the latest versions of all applicable Wyoming building codes and industry standards.

11. Inspections and Acceptance

• The Client shall have the right to inspect the work at reasonable times.
• Final acceptance of the project shall be contingent upon successful completion of all required inspections and the resolution of any punch list items.

12. Warranties

• The Contractor warrants its work for a period of [Number] year(s) from the date of substantial completion.
• Manufacturer warranties for materials will be assigned to the Client upon completion of the project.

13. Safety and Site Practices

• The Contractor shall adhere to all OSHA and Wyoming Department of Workforce Services safety standards.
• The Contractor shall maintain a safe and secure work site.

14. Lien Waivers and Releases

The Contractor shall provide partial lien waivers upon receipt of each progress payment and a final lien waiver upon final payment.

15. Indemnification

The Contractor agrees to indemnify and hold harmless the Client from any and all claims, losses, or damages arising out of the Contractor's work, subject to limitations not barred by Wyoming’s anti-indemnity statute for construction contracts.

16. Termination

• Termination for Cause: Either party may terminate this Agreement for cause upon written notice if the other party materially breaches this Agreement.
• Termination for Convenience: The Client may terminate this Agreement for convenience upon [Number] days' written notice to the Contractor.

17. Dispute Resolution

• Any disputes arising out of this Agreement shall be resolved through negotiation and mediation before resorting to litigation.
• This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming.

18. Liability Limitations

[Insert any limitations on liability, ensuring compliance with Wyoming law].

19. Force Majeure

Neither party shall be liable for delays or nonperformance caused by events beyond their reasonable control, including weather, supply chain disruptions, or government regulations, with timely notification.

20. Environmental Protection

The Contractor shall comply with all applicable Wyoming DEQ regulations regarding hazardous materials, dust control, and stormwater management.

21. Confidentiality

Both parties agree to keep confidential any proprietary information related to the project.

22. Intellectual Property

Ownership of original plans and documents shall be as follows: [Specify ownership].

23. Record Keeping and Audit Rights

• The Contractor shall maintain detailed records of costs and change orders for a period of [Number] years.
• The Client shall have the right to audit these records.

24. Assignment

This Agreement may not be assigned by either party without the prior written consent of the other party.

25. Notice Provisions

• All notices required under this Agreement shall be in writing and delivered to the following addresses:
  • Contractor: [Contractor Business Address], Email: [Contractor Email].
  • Client: [Client Address], Email: [Client Email].

26. Signatures

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

____________________________
[Contractor Full Legal Name]
By: [Contractor Signature]
Title: [Contractor Title]

____________________________
[Client Full Legal Name]
By: [Client Signature]

27. Integration Clause

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter hereof. Exhibits A and B, along with [List any other incorporated documents] are incorporated into this agreement by reference.

28. Compliance with Special Statutes

[Include references to Wyoming statutes/ordinances related to the specific project, if applicable].

29. Contractor's EEO and Anti-Discrimination Commitments

The Contractor agrees to comply with all applicable state and federal non-discrimination laws in its hiring and workforce practices.

30. Optional Special Provisions

[Include requirements for project-specific issues such as working in winter, addressing wildlife or protected species, archaeological site handling, or proximity to sensitive Wyoming natural resources where relevant].