Construction Agreement Between Owner And Contractor
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1
2CONSTRUCTION AGREEMENT BETWEEN OWNER AND CONTRACTOR
____________________________________ Hereinafter called the Owner, agrees to pay
Parish/School/Agency
____________________________________ Hereinafter called the Contractor, the sum of
Contractor
$___________________________________ for the following work.
Partial payment requests will be considered based on a maximum of 90% of materials on the job or in place
and labor already accomplished.
The work should be completed by this date __________________ and the Contractor shall provide the warranties or
other documents prior to payment:
The Contractor should begin the work within seven (7) days of the date of this contract unless other provisions have
been made. He should carry the work forward expeditiously with adequate, qualified workers and should achieve
substantial completion within the contract time.
Neither the final certificate of payment, nor any provisions in the project by the Owner should constitute an acceptance
thereof if not in the contract, nor partial or entire use of accordance with the contract or relieve the Contractor of liability
in respect to any express warranties or faulty workmanship/materials within a period of one year.
The Contractor should indemnify and hold harmless the Bishop of Charlotte, the Parish / School / Agency Listed
Above, its agents, and employees from and against all claims, damages, losses, and expenses, including, but not
limited to, attorneys' fees arising out of or resulting from the performance of the work, which is caused in whole or in
part by the negligent act or omission of the Contractor, any Subcontractor, or anyone directly or indirectly employed
by any of them. In case any action is brought therefore against the Owner or any of its agents, employees or
Subcontractors, the Contractor should assume full responsibility for the defense thereof; upon Contractor's failure to
do so on proper notice, the Owner reserves the right to defend such action and to charge all costs thereof to the
Contractor. The carrying of the insurance required herein should not relieve the Contractor of the duty of indemnity in
the event that such insurance should be inadequate, for any reason, to protect the Owner in full.
The Contractor should at all times carry the following insurance coverage:
BUILDER'S RISK INSURANCE: A Builder's Risk and Boiler and Machinery Coverage will be obtained by OWNER
to cover the project. Any payment under Builder's Risk or Boiler and Machinery Coverages will be made jointly to
OWNER and CONTRACTOR. Further, OWNER and CONTRACTOR agree that any payment under Builder's Risk
or Boiler and Machinery Coverages will be placed into a joint account until such funds are reinvested in the
construction project.
COMMERCIAL GENERAL LIABILITY INSURANCE: While CONTRACTOR is performing operations at the Parish
/ School / Agency, CONTRACTOR will maintain commercial general liability insurance in the amount of not less
than two million dollars ($2,000,000) per occurrence. It is further agreed that the CONTRACTOR agrees to protect,
defend, indemnify, and hold harmless the Parish/School/Agency against and from any claim or cause of action
arising out of or from any negligence or other actionable fault of the CONTRACTOR, or its employees, agents,
members, or officers.
AUTOMOBILE LIABILITY INSURANCE: CONTRACTOR will maintain automobile liability insurance for any owned
autos, hired autos or non-owned autos used in connection with the contractor's business. Automobile liability
coverage will be maintained by the CONTRACTOR in the minimum amount of two million dollars ($2,000,000)
combined single limit.
WORKER'S COMPENSATION INSURANCE: CONTRACTOR will maintain worker's compensation insurance as
required by law.
ADDITIONAL INSURED: CONTRACTOR agrees to provide a Certificate of Insurance to the Diocese which will
name the Bishop of Charlotte and the Parish/School/Agency as an additional insured on CONTRACTORS liability
policy for claims arising out of CONTRACTORS, subcontractors or sub-subcontractors operations or made by
Risk Management and Insurance Manual – July 2016
Form 8.A
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