CONTRACT FOR HOME RENOVATION

@contractorName, Contractor,

desires to contract with,

@clientName, Homeowner,

to perform certain work on property located at:

@projectAddress,

1. Job Description

The work to be performed under this agreement consists of the following:

    2. Payment Terms

    In exchange for the specified work, homeowner agrees to pay Contractor as follows:

    • @jobAmount in cash, payable via Jom Renovate Online Payment Gateway

    Progress payments are payable everyweek with respect to the percentage of progress to completion as reported in the weekly progress report as stated in clause 8.

    Terms for additional phases of the specific work shall be agreed upon by Contractor and Homeowner prior to the beginning of each additional phase and added to a new contract

    3. Time of Performance

    The work specified in Clause 1 shall be:

    • 1. Started on @startdate
    • 2. Completed on @completiondate

    Time is of the essence

    4. Independent Contract Status

    It is agreed that Contractor shall perform the specified work as an independent contract. Contractor:

    • 1. Maintains his or her own independent business.
    • 2. Shall use his or her own tools and equipment.
    • 3. Shall perform the work independent of Homeowner's supervision, being responsible only for satisfactory completion of the work. Contractor may use subcontractors, but shall be solely responsible for supervising their work and for the quality of the work they produce.

    5. License

    Contractor shall comply with all national and local licensing and registration requirements for type of work involved.

    6. Liability Waiver

    If the contractor is injured in the course of performing the specific work, Homeowner shall be exempt from liability for those injuries to the fullest extent allowed by law.

    7. Permits and Approvals

    • 1.@permitgetter1 shall be responsible for determining which permits are necessary and for obtaining the permits.
    • 2.@permitgetter2 shall pay for all permits necessary for performing the specific work.
    • 3.@permitgetter3 shall be responsible for obtaining approval from the local homeowner's association, if required.

    8. Progress Reporting

    The Contractor shall for every week before Friday in the period stated in clause 3, file a progress report in the JomRenovate apps.

    The progress report shall include a percentage of progress to completion for every project item that is mentioned in clause 1.

    The contractor shall in his best abilities estimate the percentage of progress to completion.

    The owner is responsible to pay the amount stated in the invoice that accompany the progress report as a corresponding fraction of the estimated percentage of progress to completion if Homeowner deemed the percentage is reasonable or until Homeowner deemed the progress reasonably match the percentage.

    Contractor is responsible to continue working until the owner have accumulated 2 unpaid invoices in 2 different weeks before Contractor can decide to stop any ongoing works.

    9. Materials

    All materials shall be new, in compliance with all applicable laws and codes, and shall be covered by a manufacturer's warranty if appropriate, unless otherwise specified in Clause 1.

    The materials shall be purchased by the Contractor, to be reimbursed by the means specified in Clause 2.

    10. What Constitutes Completion

    The work specified in Clause 1 shall be considered completed upon the payment of the invoice which accompanies the 100%(th) percentage of progress to completion progress report by Homeowner, provided that Homeowner's approval shall not be unreasonably withheld. Substantial performance of the specified work in a workmanlike manner shall be considered sufficient grounds for Contractor to require final payment by Homeowner.

    11. Limited Warranties

    Contractor will complete the specified work in a substantial and workmanlike manner according to standard practices prevalent in Contractor's trade. Contractor warrants that:

    • 1. The specified work will comply with all applicable building codes and regulations.
    • 2. The labor and materials provided as part of the specified work will be free from defects for 3 months from the date of completion.

    12. Dispute Resolution

    If any dispute arises under the terms of this agreement, the parties agree to select a mutually agreeable neutral third party to help them mediate it. If the mediation is deemed unsuccessful, the parties agree that:

    • 1. The dispute shall be decided by the applicable Consumer Claim Court if the amount in dispute is within the court's jurisdiction, and otherwise the dispute shall be settled according to the laws of Malaysia that apply to this agreement.
    • 2. Any costs and fees (other than attorney fees) associated with mediation and arbitration shall be shared equally by the parties.
    • 3. The reasonable attorney fees of the prevailing party shall be paid by the other party.

    13. Late Performance

    If performance of the specified work is late, Contractor agrees that:

    Homeowner shall be damaged in the amount of 1% of the itemised value as detailed in clause 1 per working day and that Contractor shall be liable for such sums, which may be credited against any sums owed to Contractor by Homeowner.

    14. Change Order (Mid-Performance Amendments)

    The Contractor and Homeowner recognize that:

    • 1) Contractor's original cost and time estimates may prove too low due to unforeseen events, or to factors unknown to the Contractor when the contract was made;
    • 2) Homeowner may desire a mid-job change in the specifications that would add time and cost to the specified work possibly inconvenience the Contractor; or
    • 3) Other provisions of the contract may be difficult to carry out because of unforeseen events, such as a materials shortage or a labor strike.

    If these or other events beyond the control of the parties reasonable require adjustments to this contract, the parties shall make a good faith attempt to agree on all necessary particulars. Such agreements shall be put in writing, signed by the parties and added to this contract. Failure to reach agreement shall be deemed a dispute to be resolved as agreed in Clause 12.

    15. Indemnification (Hold Harmless) Clause

    Contractor agrees to:

    • 1. Hold harmless and indemnify Homeowner for all damages, costs and attorney fees that arise out of harm caused to Contractor, subcontractors and other third parties, known and unknown, by Contractor's performance of the specified work.
    • 2. Obtain adequate business liability insurance that will cover Job and any injuries to subcontractors or employees.

    16. Site Maintenance

    Contractor agrees to be bound by the following conditions when performing the specified work:

    • 1. Contractor shall perform the specified work on working days between the hours of 9am to 6pm.
    • 2. At the end of each day's work, Contractor's equipment shall be stored in a designated location.
    • 3. At the end of each day's work, Contractor agrees to clean all debris from the work area.

    17. Additional Agreements and Amendments

    Homeowner and Contractor additionally agree that:

    • 1. All agreements between Homeowner and Contractor related to the specified work are incorporated in this contract.
    • 2. Any modification to the contract shall be in writing.

    Contractor: @contractorName

    Dated:

    Homeowner: @clientName

    Dated:

    DISCLAIMER: This form is not intended to serve as a substitute for the advice of a lawyer. Before entering into this contract, be certain that you have a clear understanding of all of the terms in the contract and what remedies are available upon default of one of the parties. A lawyer can help you with any questions you may have about the proposed contract.