The Contract Cost Plus Agreement for Construction in Montgomery is designed to establish clear terms between the Contractor and the Owner regarding a construction project. It outlines the scope of work, work site specifics, and the responsibility for project permits. The form emphasizes that soil conditions are not the Contractor's responsibility, and it necessitates the Owner to secure appropriate surveys and titles before construction begins. Changes in the project scope can be made with written consent, and the costs associated with such changes are the Owner's responsibility. A notable feature is the payment structure, which allows the Owner to compensate the Contractor based on actual costs plus a fee. Additionally, late payment penalties are specified, and warranties for workmanship are limited to one year. This form is particularly useful for attorneys conducting contract reviews, partners and owners overseeing project budgets, associates managing legal details, and paralegals and legal assistants facilitating contract administration.
Ing to Boundy (2012), typically, a written contract will include: Date of agreement. Names of parties to the agreement. Preliminary clauses. Defined terms. Main contract clauses. Schedules/appendices and signature provisions (para. 5).
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