Construction Contract With Subcontractor In Texas

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

State regulators in Texas do not require you to have a general contractor license. However, that's just at the state level — you will need to check handyperson and contractor license requirements in your city to know if one is required. Also, be prepared to apply for your Texas Business License.

1. General contractor has to file a lien affidavit by the 15th day of the 4th month after the month in which the general contractor completes or abandons the job. 2. Subcontractor has to file a lien affidavit by the 15th day of the 4th month after the last month in which the Subcontractor provides labor or materials.

Direct contractors must file their lien no later than the 15th day of the 4th month after the month their contract was completed, terminated, or abandoned.

Except as permitted below for the filing of liens for Contractual Retainage only, a claimant must file its lien affidavit not later than the 30th day after the earliest of the completion, termination, or abandonment of the original contract.

12 Key Components of a Subcontractor Agreement Identification of Parties. Insurance and Licensing Requirements. Scope of Work. Payment Terms and Conditions. Project Schedule and Duration. Material and Equipment. Change Order Procedures. Quality Standards and Compliance.

With such a broad categorization, everyone from contractors to architects has the ability to file a mechanic's lien if their work or materials go unpaid. Additionally, in Texas, there is no legal distinction between a contractor and a subcontractor when it comes to legal authority to file a lien.

Subcontractor agrees to be bound to Contractor by the terms of the Prime Contract and the other Subcontract Documents and to assume toward Contractor all the obligations and responsibilities that Contractor by those documents assumes toward the Owner.

12 Key Components of a Subcontractor Agreement Identification of Parties. Insurance and Licensing Requirements. Scope of Work. Payment Terms and Conditions. Project Schedule and Duration. Material and Equipment. Change Order Procedures. Quality Standards and Compliance.

8 things a subcontractor agreement should include Business information. Include names, businesses names, and contact information for both the subcontractor and the hiring contractor. Scope of work. Payment terms. Change orders. Licensing and insurance coverage. Dispute resolution. Termination clause. Flow-down provisions.

What to Include Identification – The names and addresses of the contractor and subcontractor. Scope of Work – The services that the subcontractor agrees to provide, as well as the work's proposed start and end date. Work Location – The address or a description of where the work is to be performed.

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Construction Contract With Subcontractor In Texas