________________________, referred to as OWNER, and __________ ______________, referred to as CONTRACTOR, agree as follows:

CONTRACTOR shall perform the following services for OWNER:
______________________________________________________________

on the following estimated schedule:
_______________________________________________________________

for the following price: $ ___ (____________________ &___/100 dollars)

Contractor shall be responsible for the following in addition to the workman like performance of the work stated above:
_______________________________________________________________

Provision of all permits required for the services to be performed above.

Provision of worker’s compensation insurance, general liability insurance in a minimum amount of $ ______ (______________ & ___/100 dollars).

The stipulated contract price shall be paid as follows:
_______________________________________________________________

When bona fide bills for materials are presented the same shall be paid directly by the OWNER within the terms provided. Labor shall be paid as follows:
______________________________________________________________

The CONTRACTOR shall daily remove all trash and debris from the premises.

Any first mortgage or equity loan on the property in question shall be superior to any lien placed upon the property by Contractor. Contractor shall sign any necessary paperwork to enact this provision in favor of a first mortgage holder or equity loan holder.

Contractor will release any liens against the property upon completion and payment of 90% of the contract. The remaining 10% shall be due upon completion but not subject to a mechanic’s or other such lien. Contractor shall sign all necessary paperwork to enact this transaction prior to receive the payment that brings it up to 90% payment.

This is the entire agreement between the parties and this agreement may only be altered in writing.

Dated: _________________________

___________________________________________________
Contractor
____________________________________________________
Owner

Contracting Agreement
Review List

This review list is provided to inform you about this document in question and assist you in its preparation. A contracting agreement need not be any more complicated than this one. In fact, more complexity usually leads to more disputes. In any event, provide the details of your agreement within this framework and you should be off and running. As an owner, simpler contracts tend to create less distrust and other problems. As a contractor, simpler contracts accomplish much of the same and tend to get the project moving because the potential customer is less wary of the agreement.

1. Make multiple copies. Give one to each signatory. Keep one in the related files.
2. Be sure to negotiate progress payments carefully. This is often the “rub” or sensitive point in these kinds of transactions.

STATE OF ___________
COUNTY OF _________

_____________, referred to as HOLDER, is the owner/claimant of that certain Material provider’s lien, acknowledges payment in full of the same, which was recorded at ________________ Book, Book ___, page ____ of the _________ County, State of ___________, and consents to the release of the property from the lien and satisfaction of the Material provider’s lien on the record.

Dated: ________________________

___________________________________________

_____________, having being duly sworn to tell the truth, acknowledges the execution of this release of Material provider’s lien for the purposes stated herein.

__________________________________________
Notary
My commission expires: ___________________

Release of Material Provider’s Lien
Review List

This review list is provided to inform you about this document in question and assist you in its preparation. See the notes on Release of Mechanic’s lien. This is a similar release but relates to a material provider. Either document will do for a release of this nature because it provides for a recorded lien that the provider acknowledges has been paid in full. Having said that, it is always better to be the most accurate you can and furnish the proper description.

STATE OF ____________
COUNTY OF ___________

____________________, referred to as HOLDER, is the owner/claimant of that certain Labor Lien, acknowledges payment in full of the same, which was recorded at ________________ Book, Book ___, page ____ of the _________ County, State of __________, and consents to the release of the property from the lien and satisfaction of the Labor Lien on the record.

Dated: ________________________

___________________________________________

____________________, having being duly sworn to tell the truth, acknowledges the execution of this release of Labor Lien for the purposes stated herein.

__________________________________________
Notary
My commission expires: ___________________

Release of Labor Lien
Review List

This review list is provided to inform you about this document in question and assist you in its preparation. See the notes under Release of Mechanics lien for the information about this document. This Release should be used for the release of labor liens. However, any of the releases will do as long as the specific book and page numbers are referenced in the Lien Release. Having said that, you are always better off to be the most accurate you can be to avoid any later dispute.

Attention: __________________
_____________________________
_____________________________

Dated: ____________________

Re: ________ Job

Draw request number: _____
Draw request from period ____________ to ________________.

Total amount of draw request: $____ (__________________ &___/100 dollars)

Pursuant to the contract of ____________, and any change orders thereto, _____________________________ requests a total draw in the amount indicated.

The present percentage completion of the project is ___ percent. The total draws requested and paid to date equal $ ____ (___________ &___/100 dollars) and $ ____ (________ &___/100 dollars) is the present retainage.

Dated: ______________________

_____________________________________________
For _____________________________, CONTRACTOR

Draw Request
Review List

This review list is provided to inform you about this document in question and assist you in its preparation. The Draw Request is the fundamental document used to pay contractors their progress payments on a construction project. The payment dates, based on percentage completion, should be worked out in advance and in the initial agreement. A constant friction point between contractor and owner relates to progress payments getting ahead or behind project completion. For the contractor, prompt payments permit these labor-intensive projects to proceed. For owners, they are fearful that once the big payments are given, the contractor will lose interest in completing the small details so desired by the owner. Both parties have justification for their concerns.

Owners only real leverage point relates to hold backs until final sign off. Contractors’ real leverage is to get as much of the project paid up so they are not “behind” on the job financially and therefore can complete it and get out “whole.”

1. Make multiple copies. Give one to each party. Be sure to keep it with the project

STATE OF _______
COUNTY OF _________

___________________________, referred to as HOLDER, is the owner/claimant of that certain Mechanic’s lien, acknowledges payment in full of the same, which was recorded at __________ _______ Book, Book ___, page __ of the ____________ County, State of __________________, and consents to the release of the property from the lien and satisfaction of the Mechanic’s lien on the record.

Dated: ________________________

___________________________________________
Holder of Lien

______________________________________, having being duly sworn to tell the truth, acknowledges the execution of this release of Mechanic’s lien for the purposes stated herein.

__________________________________________
Notary
My commission expires: ___________________

Release of Mechanic’s Lien
Review List

This review list is provided to inform you about this document in question and assist you in its preparation. Contractors often put mechanic’s liens on properties they work on. This is process is provided for by law and gives the contractor substantial leverage over the owner. The owner needs to get this release, and any other, off their properties to keep their deed in good order. Therefore, it is the owner that has the incentive to get this removed. These liens can linger for years unless properly discharged with the final payment to the contractor (the best time to do this transaction).

Since contractors are in a volatile business, if the owner does not discharge the lien promptly, the contractor may be long gone when he or she needs to accomplish this task for clear deed title. The process then is a deed quieting one, which is, to say the least, expensive and time consuming. So do this promptly upon the last payment to a contractor.

1. Make multiple copies. If you are the owner, be sure to have this recorded in the proper place in your local registry of deeds. Keep a copy with the transaction file.
2. Notarization is suggested to be sure the transaction is recognized in all courts—and is provided for herein.

Pursuant to that agreement between _________________, described herein as OWNER and __________________, described herein as CONTRACTOR, dated _____________ the following change is made in the specifications and scope of work to be performed:
____________________________________________________________.

This results in an increase of the total contract price in the amount of $ ______ (______&___/100 dollars) and an adjusted total contract price of $ _____ (______________&___/100 dollars). This Change order shall be due and paid separately on a Net 30 Day basis from the date of completion which is estimated to be ________________.

Dated: _______________________________________

Accepted by:

______________________________________________________ OWNER

______________________________________________________ CONTRACTOR

Change Order Number ___
Review List
This review list is provided to inform you about this document in question and assist you in its preparation. Change or Work Orders are one of the only profit opportunities for construction companies. If you are a contractor, be sure to so advise your clients so they understand that “changes” are much more expensive than original work. When estimating Change Orders remember that lots of time can be absorbed in the quotation process. So be sure to provide for that extra time when you quote on these jobs. If you are the owner, do everything in your power to preplan events so you do not need to enter into these expensive changes.
1. Make multiple copies. Give one to each party.

_________________, referred to as BIDDER, of ______, ________, and ________________, referred to as SURETY, of ______, ________, are bound to _____________, of ______, ________, referred to as OBLIGEE, in the sum of $_______(_________________ &___/100 dollars), referred to as the penal sum for the payment of this sum we bind ourselves and our legal successors.

If OBLIGEE accepts the bid of BIDDER, and BIDDER enters into a contract with OBLIGEE in accordance with the invitation to bid, and further, give such performance bonds as may be required, then this obligation shall be void, otherwise the same shall remain in full force and effect. Provided, however, that upon the failure of the BIDDER to enter into the contract as described above, the BIDDER shall pay either the difference between the bid submitted by BIDDER and any larger amount which OBLIGEE may in good faith contract to perform the work, or the penal sum, whichever is lesser.

DATED: __________________

______________________________________________
BIDDER

______________________________________________
OBLIGEE

BID BOND
Review List

This review list is provided to inform you about this document in question and assist you in its preparation.  This is a straightforward document used in real estate transactions.

1. Make multiple copies.  Give one to each signatory and keep one with the file in question.