Construction Cost Plus With Example In Arizona

State:
Multi-State
Control #:
US-00462
Format:
Word; 
Rich Text
Instant download

Description

The Construction Contract facilitates the relationship between a Contractor and Owner for a residential building project. In Arizona, this can include a 'Cost Plus' pricing model, where the Owner pays the actual cost of materials plus an agreed-upon fee for the Contractor's services. A key feature of this contract is the detailed scope of work and specific provisions for site conditions, permits, and changes to the project. Attorneys and legal professionals can utilize this form to ensure compliance with Arizona laws and protect their clients’ interests. The contract emphasizes the importance of obtaining necessary permits and acknowledges the Owner's responsibility for site-specific issues, which is critical for risk management. Additionally, the provisions for late payments and warranties can shield both parties from potential disputes. The form includes instructions for filling out sections, such as defining the Project and the Work Site, which aids users in customizing the contract. Legal assistants and paralegals may find value in this form for preparing documentation that aligns with their clients' financial agreements. Overall, this form serves as a foundational tool for construction agreements in Arizona, promoting clarity and accountability.
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  • Preview Construction Contract for Home - Fixed Fee or Cost Plus
  • Preview Construction Contract for Home - Fixed Fee or Cost Plus

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FAQ

A total Transaction Privilege (Sales) Tax rate of 8.35%, (6.35% State and County, 2.00% Prescott), is imposed on the gross income of any person engaging in Construction Contracting. If tax has been neither separately charged nor separately collected, factoring of tax is allowed in computing taxable income.

How long is a contractor liable for work in Arizona? In Arizona, contractors are liable for their work for up to eight years from the project's completion date. The statute of limitations for filing a claim against a contractor in Arizona is two years from the discovery of the defect.

When plaintiffs allege construction defect claims, they often claim that the contract between the builder and the purchaser has been breached. The breach of contract action may be maintained in Arizona subject to an 8-year statute of repose. A.R.S. § 12-552.

The primary cause of action used in residential construction defect cases is a breach of the implied warranty of habitability. This cause of action allows a homeowner to sue the builder or vendor for construction defects for up to eight years (nine years if the defect is found in the eighth year).

Typically, a defects liability period (DLP) is 12 months from the date of practical completion. In some construction contracts, where a particular defect has been rectified within the DLP, a new DLP for that item will start from the time of the repair and continue for the same period as the original DLP.

Right to Repair is simple. It requires manufacturers to provide owners and independent repair businesses with fair access to service information and affordable replacement parts. So you can fix the stuff you own quickly—and get back on with your life.

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Construction Cost Plus With Example In Arizona