Professional Documents
Culture Documents
Labor Only Agreement
Labor Only Agreement
3
LABOR-ONLY AGREEMENT (COST-PLUS-PERCENTAGE-FEE)
CONTRACTOR’S NAME:
ADDRESS:
PHONE:
FAX:
E-MAIL:
LIC #:
DATE:
OWNER’S NAME:
ADDRESS:
PROJECT ADDRESS:
I. PARTIES
This contract (hereinafter referred to as “Agreement”) is made and
entered into on this _______ day of _________ , 20 ___ , by and
between __________________________ , (hereinafter referred to as
“Owner”); and ___________________________, (hereinafter referred
to as “Contractor”). In consideration of the mutual promises contained
herein, Contractor agrees to perform the following work, subject to the
terms and conditions below:
A. CONTRACTOR’S DUTIES
Contractor acknowledges and accepts the relationship of trust implicit in
this Construction Agreement. The Contractor agrees to use good efforts,
judgment, and skills to complete the work according to the Contract
Documents referred to in this Agreement. Contractor agrees to furnish
competent construction management and administration and to
adequately supervise the work in progress. Contractor agrees to
complete the work in a timely and workmanlike manner.
B. CONTRACT DOCUMENTS
The Contract Documents consist of the following documents which are
hereby incorporated by reference into this Agreement:
1. This Agreement.
2. Any plans, specifications, or addenda referred to in the General Scope
of Work section above.
3. Other:_______________________________________
C. EXCLUSIONS
This Agreement does not include materials of any kind whatsoever. This
Agreement does not include labor for the following work:
1. PROJECT-SPECIFIC EXCLUSIONS:
Owner (not Contractor) is to enter into contracts for all of the above-
mentioned services and provide direct payment to the people or
agencies contracted with for all of the services and permit fees in the
paragraph above.
Owner will pay for all debris removal (Contractor to leave debris in one
pile on site), utilities, job-site sanitation (porta-potty), job-site power
and water sufficient to perform Contractor’s work, and job-site telephone
for local calls if the work will take more than two weeks to complete.
Owner will pay for any rental equipment, incidental subcontractors (e.g.,
concrete pumpers and site contractors), and security measures
reasonably required by Contractor to complete the work. At this time,
Contractor expects the following security items, incidental
subcontractors, and rental equipment to be required:
a.________________________________________________________
b.________________________________________________________
c.________________________________________________________
G. PROGRESS PAYMENTS
Based upon applications for payment and all supporting documentation
submitted to Owner by Contractor on Thursday of: ___ every week /
___every other week, Owner shall make a progress payment to
Contractor as provided below on the following Friday of that week (the
next day). The amount of each progress payment shall be calculated as
follows and paid on or before the Friday following the date on which
Contractor submitted the payment request/invoice:
Add up the total Cost of the Work as defined in Section III.H., below,
which has been performed during the payment period, add the
appropriate percentage of Contractor’s Fee, and the total of these two
amounts will be due each Friday to Contractor.
H. COSTS TO BE REIMBURSED
Owner shall reimburse Contractor the Cost of the Work. The term “Cost
of the Work” shall mean costs necessarily incurred by Contractor in good
faith and in the proper performance of the work. The Cost of the Work
shall include the items set forth in this section.
WORKER RATE
A. ______________________________: ₱______ PER HR.
B. ______________________________: ₱______ PER HR.
C. ______________________________: ₱______ PER HR.
D. ______________________________: ₱______ PER HR.
E. ______________________________: ₱______ PER HR.
1. Any general insurance costs and state and federal taxes of Contractor
(e.g., worker’s compensation, comprehensive general liability insurance,
auto insurance, health insurance, or labor burden expenses such as state
and federal employer taxes, etc.). Contractor has factored these costs
into the Rate Schedule for Contractor’s Personnel in Section III.H.1,
above, or these costs will be paid out of Contractor’s profit and overhead
percentage.
2. Travel time to and from the job site for Contractor and his employees.
Costs associated with travel time such as: gas, vehicle maintenance,
mileage payments, vehicle insurance, etc.
3. Costs to purchase, repair, and maintain Contractor’s tools, vehicles,
and equipment.
4. Cellular phone charges (unless specifically agreed to in writing by
Owner and Contractor).
_____________________________
_____________________________
L. MISCELLANEOUS CONDITIONS
If work is stopped due to any of the above reasons (or for any other
material breach of contract by Owner) for a period of 14 days, and
Owner has failed to take significant steps to cure his default, then the
Contractor may — without prejudicing any other remedies Contractor
may have — give written notice of termination of the Agreement to
Owner and demand payment for all completed work and materials
ordered through the date of work stoppage, and any other reasonable
loss sustained by the Contractor, including Contractor’s Profit and
Overhead at the rate of ____% on the balance of the incomplete work
under the Agreement. Thereafter, Contractor is relieved from all other
contractual duties, including all Punch List and warranty work.
P. WARRANTY
Thank you for choosing our company to perform this work for you. Your
satisfaction with our work is a high priority for us, however, not all
possible complaints are covered by our warranty. Contractor does
provide a limited warranty against material defects on all Contractor-
and subcontractor-supplied labor and materials used in this project for a
period of one year following Substantial Completion of all work. This
warranty covers normal usage only. You must contact the Contractor at
the address on page one of this Agreement in writing for warranty
service immediately upon discovering an item in need of warranty
service. If the matter is urgent, you must also call the Contractor and
send written notice of the need for warranty service. Failure to notify the
Contractor of the need for warranty service within ten days of discovery
of a warranty item may void this warranty. Additionally, Owner’s hiring
of others or direct actions by Owner or Owner’s separate contractors to
repair a warranty item are not covered by this warranty and will not be
reimbursed by Contractor.
Repair of the following items and related damages of every kind are
specifically excluded from Contractor’s warranty: problems caused by
lack of Owner maintenance; problems caused by Owner abuse, owner
misuse, vandalism, owner modification or alteration; and ordinary wear
and tear. Damages resulting from mold, fungus, and other organic
pathogens are excluded from this warranty unless caused by the sole
and active negligence of contractor as a direct result of a construction
defect which caused sudden and significant amounts of water infiltration
_________ ______________________
DATE CONTRACTOR’S SIGNATURE
_________ ______________________
DATE OWNER’S SIGNATURE
_________ ______________________
DATE OWNER’S SIGNATURE