Terms & Condition

Agreement

These terms & conditions outline the working relationship between Boston Design Construction LLC (“Contractor”) and you, the client (“Owner”), for the construction project detailed in the Purchase Order, project specifications, and any change orders we both agree on (collectively, the “Agreement”).

How We’ll Execute

The Contractor will provide all the labor, materials, tools, and equipment needed to complete the project as described in the Agreement. We’ll ensure everything is built according to good industry practices and meets all relevant building codes and regulations. The Contractor will manage the entire construction process, including methods and sequencing.

Timeline

We’ll begin and finish the project within the timeframe laid out in the Agreement. Sticking to the schedule is crucial.

Taxes, Fees, and Permits

The Contractor is responsible for paying all applicable taxes, permit fees, and other charges related to the project. The Owner will provide a Project Tax Exemption Certificate (if applicable) to help reduce any tax burden.

Guarantees

The Contractor guarantees that all labor, materials, and equipment used in the project meet the quality standards outlined in the Agreement.

Safety First

The Contractor is entirely responsible for maintaining a safe and secure work environment until the project is handed over to the Owner. We’ll comply with all safety regulations and any Owner-provided safety guidelines.

Keeping You Informed

The Contractor agrees to participate in a pre-construction meeting with the Owner’s project manager to discuss the project details. We may also be required to hold progress meetings with the owner and other parties involved throughout the project.

Open for Inspection

The Owner and their representatives have the right to inspect the project at any reasonable time.

Working Together Seamlessly

The Contractor’s work should not disrupt the Owner’s existing facilities or utility systems. We’ll ensure corridors, doorways, and exits remain clear of materials at all times.

Getting Your Approval

If required by the Agreement, the Contractor will submit detailed plans, specifications, and other materials (Submittals) for the Owner’s review and approval before purchasing materials or starting specific work. The Owner will review and approve Submittal documents within a reasonable timeframe.

Owner’s Policies

The Contractor, their employees, and subcontractors must comply with all applicable Owner policies as outlined in a separate document or on the Owner’s website (link to be provided).

Payment Schedule

The Contractor will submit a monthly request for payment with supporting documentation, including a list of paid and unpaid suppliers and subcontractors and a waiver of the mechanic’s lien rights for completed work. The Owner will pay invoices approved within 30 days of receipt.

Working with Subcontractors

The Contractor will provide the Owner with a list of all subcontractors before starting work. The Owner reserves the right to reject any subcontractor based on reasonable grounds. The Contractor remains fully responsible for the actions and omissions of their subcontractors.

Changes to the Plan

Any changes to the Agreement must be documented in writing with a signed change order from both the Owner and the Contractor. The Contractor cannot claim additional charges for work not authorized by a change order.

Following project completion, there are typically a few more steps to finalize the construction contract. Here are some sections you can add to your Terms and Conditions document:

Project Completion and Acceptance

Once the Contractor completes all work as outlined in the Agreement, they will submit a written notice of completion to the Owner. The Owner will then conduct a final inspection to verify that the project meets the agreed-upon specifications. If any minor corrections are identified (punch list), the Contractor will complete them within a specified timeframe. Following final acceptance, the Contractor will submit a final invoice for payment. The Owner will release the final payment only after all outstanding invoices are paid, and the Contractor provides a lien waiver guaranteeing all subcontractors and suppliers have been paid. (Optional: If applicable, the Owner will also release the withheld retention amount.)

Warranties

The Contractor may offer specific warranties on the workmanship and materials used in the project. These warranties typically cover a defined period (e.g., one year) and outline the Contractor’s responsibility to repair or replace any defects that arise during the warranty period.

Termination

Either party may terminate the Agreement under certain circumstances, such as breach of contract, insolvency, or work stoppage. The Terms and Conditions should outline the termination process and each party’s associated rights and responsibilities.

Dispute Resolution

The Agreement should specify how disagreements arising from the project will be resolved. This may involve mediation, arbitration, or litigation.

Governing Law

The Terms and Conditions should specify the legal jurisdiction that governs the interpretation and enforcement of the Agreement.

Entire Agreement

This section clarifies that the Terms and Conditions, project specifications, and change orders constitute the entire agreement between the Owner and Contractor, superseding any prior or contemporaneous communications or agreements.