Srta
I. Contract Parties
Now comes (builder’s name) of (address) and (buyer’s name) of (address) to hereby agree to build a house on property located at (common address) and legally described as (Insert legal description here.) .
II. Contract DocumentsThe terms of this contract include all the documents specifically listed below, and constitute the entire terms of the agreement between the parties. The terms of this contract shall prevail over any conflicting provision in the documents incorporated by reference.
1. Architectural Plans and Drawings dated with number of pages is hereby incorporated into this document.
2. Specificationsdated with number of pages is hereby incorporated into this document.
3. Schedule of Allowance Items dated with number of pages is hereby incorporated into this document.
4. Title of document – add any documents not included in the previous samples, delete any of the previous samples no longer needed dated with number of pages is hereby incorporated into this document.
III.Building Plans
FIRST OPTION: USE WHEN THE PLANS ARE SUPPLIED BY THE BUYERS
The builder agrees to construct the home in accordance with the plans, including specifications and drawings, supplied by the buyer and incorporated by reference into paragraph II. Contract Documents. The builder assumes no responsibility or liability for defects in the design or engineering in these plans.
The buyerrepresents to the builder that the buyer is the sole owner of the plans or has the legal right to use the plans. The buyer agrees to indemnify and hold the builder harmless for any copyright action which may be asserted as a result of the use of the plans.
The buyer warrants that the plans are adequate and that the builder can rely on them. The buyer will be liable for any damages caused bydefects in the plans, including, but not limited to, additional material costs, additional labor costs, pro rata overhead and profit.
SECOND OPTION: USE WHEN THE PLANS ARE SUPPLIED BY THE BUILDER
The builder has provided the plans, specifications and drawings which are incorporated by reference into paragraph II. Contract Documents, and which are to be used for the construction of the house. Thebuilder makes no representation about the quality of these plans beyond those specifically provided in the warranties clause of this contract.
IV. Completion Time
Assuming all conditions are satisfied and weather permits, the work to be performed under the contract shall be substantially completed no later than days after the work commences. The work shall commence withindays after the permits necessary to start work have been issued, the buyer has supplied the builder with a written notice of financing as described in paragraph V. Financing, and the buyer shall have supplied the builder with a correct statement of the recorded legal title of the property and the buyer’s interest in the property.
Any time lost by reason of changes to the contract orchanges in plans by the buyer, other acts of the buyer, strikes, weather conditions not reasonably anticipated, or any other condition not within the builder’s control shall be added to the specified time for completion. For any delays which are not the builder’s responsibility, the contract price shall increase by any increase in the builder’s costs caused by the delay.
A claim for an increase intime for the performance of the contract, or an increase in the contract cost shall be made within days after the builder first recognizes the condition giving rise to the claim.
V. Financing
This contract is contingent upon the buyer obtaining a construction loan in the amount of $ dollars. All fees and expenses of obtaining a loan shall be borne by the buyer. The builder is not required...
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