Fixed Fee For Service In Florida

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

Description

This form is a Construction Contract. The form contains the following subjects: scope of work, work site, and insurance. The contractor's warranty is limited to defects in workmanship within the scope of the work performed by the contractor.


What is a Construction contract agreement?


If you’re planning to build, renovate or reconstruct your house, you will need to enter into a contract for home construction with the building contractor, defining your mutual rights and responsibilities. This agreement contains project specifics, the contractor’s license and insurance details, the requested scope of work, etc. It may also determine the potential lien on the property should the work not be paid in full.


Types of construction contracts


Depending on the payment arrangements determined by parties, there are four basic types of home builders’ contracts:


1. Fixed price (or lump-sum) agreements set the price for the completed job right from the start. Although fixed, the document may also include provisions defining penalties (for example, if the constructor fails to finish the work on schedule).


2. Cost plus construction agreements set the price for the finished work based on building materials and labor with additionally mentioned “plus” (a percentage of the total costs or a fixed fee).


3. Time and material agreements set the price for the work without a “plus,” but the client pays the contractor a daily or hourly rate while they are under contract.


4. Unit-price agreements are standard in bidding, particularly for federal building projects. Both owner and contractor define the price that the contractor charges for a standard unit without any specific extra fees for other units.


The first two types of contract for home construction mentioned are the most popular ones. Let’s take a closer look at them.


Fixed price vs. cost-plus contract benefits


The fixed price agreement benefits owners more than builders, as it determines at the moment the parties seal the deal the exact price the contractor will get after they complete all the work. Builders risk not getting the estimated profits they initially anticipated, as expenses may increase significantly but remain the constructor’s responsibility.


The cost-plus construction deal contains the evaluation of the final project cost; however, it doesn’t determine the final contract price until the contractor completes all the work. Unlike the fixed-price agreement, it separates expenses and sets the profit rate (as a percentage of the final project cost or as a flat amount), so contractors prefer this type of agreement; it is riskier for homeowners.


Information you should provide in the construction contract agreement


The presented Construction Contract for Home is a universal multi-state construction contract template. This sample describes typical terms for a home building contract. Download a printable document version from our website or amend and fill it out online. Make sure to provide the following information:


• Name and contact details of the contractor and their license number;


• Name and contact details of the homeowner;


• Property legal description from county clerk’s records;


• Project description with blueprints and building specifications;


• Scope, description of work, and its estimated final dates;


• Costs of work and responsibilities of parties for any breach of contract.

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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

Waiver of Service: A defendant may waive service, which means the defendant agrees to respond to the complaint even though you did not personally serve the defendant with the complaint and summons. Here are forms for waiver of service: Notice of a Lawsuit and Request to Waive Service of a Summons (AO 398)

Florida's law requires process servers to serve papers to the person named on the legal documents at their residence or place of business. If the person cannot be found at their residence or place of business, process servers may serve them at any location where they can be found.

Motion For Substituted Service This motion is a request to the Court. It generally tells the court that you have tried to serve the Defendant, but you believe that he or she is evading service or he cannot be found. Next, in your motion, you must ask the court for the alternative option or other legal means of service.

In Florida, ing to Rule of Civil Procedure 1.070 (j), a complaint must be served on the defendant within 120 days of its filing. If it is not served within the time frame specified, a motion to dismiss is appropriate, and the case is dismissed without prejudice.

If a direct service attempt fails, Florida allows for “substitute service.” This can be executed by leaving the papers with a resident of the individual's home who is at least 15 years of age. It can also be done by serving an agent authorized to accept service.

How many attempts will a process server make in Florida? A process server generally makes 1 to 3 attempts to deliver legal papers. They will try at different times and on various days before opting for other methods to ensure the documents are served.

Insufficient service of process occurs when the delivery of legal documents fails to meet the requisite legal standards, whether due to timing issues or procedural errors. This insufficiency can significantly undermine a court case, providing the defendant with grounds to request a dismissal.

Attach any evidence you've gathered—security footage, witness statements, or inconsistencies in the process server's affidavit. The more detailed and organized your proof, the better. After filing the motion, you'll likely get a hearing scheduled. This is where you'll present your case in front of a judge.

(1) Each person who effects service of process shall note on a return-of-service form attached thereto, the date and time when it comes to hand, the date and time when it is served, the manner of service, the name of the person on whom it was served and, if the person is served in a representative capacity, the ...

Filings must also include a certificate of service that contains the name, street address, telephone number, facsimile telephone number, and e-mail address of all counsel for all parties, including the party filing the pleading.

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Fixed Fee For Service In Florida