HOME IMPROVEMENT AGREEMENT
This Home Improvement Agreement (the "Agreement") is entered into as of [Effective Date] (the "Effective Date"), by and between:
[Party A], a corporation ("Homeowner"), and
[Party B], a corporation ("Contractor").
The Homeowner engages the Contractor to renovate, add to, or repair an existing home, and the Contractor agrees to do that work, on the terms of this Agreement.
1. Property. The work is at [property address], in California.
2. Work. The Contractor will perform [description of the renovation]. Anything not described as part of the work is excluded. Materials are included in the price unless an allowance is stated. If an allowance is stated and the selection costs more, the difference is added.
3. Price and payment. The price is [price]. No deposit is due at signing. The balance is due at the milestones the parties write down, or half when the work is halfway done and the rest at completion if they do not. The Contractor will leave the work area broom-clean.
4. Schedule. Work starts [start date]. The Contractor will give a reasonable completion date in writing if one is not already stated. Time is extended for hidden conditions, a change, or a delay the Contractor did not cause.
5. Occupied home. People will be living in the home. The Contractor will protect finished floors, furniture, and belongings in the work area, limit dust where practical, and keep a safe path through the house. Work hours are ordinary daytime hours unless the Homeowner agrees otherwise.
6. Hidden conditions. Demolition is limited to what the scope requires. If the Contractor finds a condition that was not visible and that changes the cost or the method, it will stop the affected work and tell the Homeowner before proceeding. That work is a change order. The Contractor will not cover a condition that makes the home unsafe.
7. Changes. A change in the work, price, or time is binding only if both parties sign a written change order before the changed work starts, unless waiting would create an immediate safety risk. A verbal request is not a change order.
8. Permits and completion. The Contractor will obtain the permits this renovation requires and will call for required inspections. The work is complete when the agreed scope is done and debris from the work is removed. The Homeowner will inspect and list unfinished items in writing.
9. Warranty. For 12 months after completion, the Contractor will repair defects in its workmanship and the materials it supplied, after written notice. Existing parts of the home that the Contractor did not work on are not warranted.
10. Cancellation. Either party may cancel if the other does not cure a material breach within 10 days after written notice. The Homeowner pays for work properly performed and materials ordered for this job that cannot be returned. A cancellation right that a state home-repair law gives the Homeowner still applies.
11. Governing Law. This Agreement is governed by the laws of Delaware, without regard to conflict of laws principles. Any legal suit, action, or proceeding relating to this Agreement must be instituted in the state or federal courts located in Delaware, and each Party irrevocably submits to the exclusive jurisdiction of those courts.
12. General. This Agreement is the entire agreement on its subject. It may be amended only in a writing signed by the Parties, and it may be signed in counterparts, including electronic copies. If a part is unenforceable, the rest stays in effect.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
Homeowner: [Party A]
By: ________________________________
Name: [Signatory]
Title: [Title]
Contractor: [Party B]
By: ________________________________
Name: [Signatory]
Title: [Title]
