This Contract Agreement ("Agreement") is made and entered into as of:
1st October 2024 by and between:
Client
Name: Mr Don Jordan & Mrs Agatha Jordan
Address: Limlair, Carriacou, Grenada, Westindies
Email: don@powerfulphotography.co.uk
Phone Number: +44 7970 287502
AND
Contractor
Business Name: Lasting Impressions
Director: Mr Laurie Lessey
Engineer & Project Manager: Mr Nathan Peter Lessey
Address: La Digue, St.Andrew, Grenada
Email: Nathanlessey473@gmail.com
Phone Number: +1 (473) 537-0306
The Owner and the Contractor may be referred to individually as a “Party” and collectively as the “Parties.”
This Construction Contract (the “Contract”) is made valid upon signature by both Parties.
The Parties agree as follows:
1. DESCRIPTION OF WORK
The Contractor shall perform the following described work at Mr Don Jordan & Mrs Agatha Jordan Limlair, Carriacou, Grenada, West Indies (the "Property"), in accordance with Owner’s Contract plans and specifications, this Agreement and any Change Order, as defined herein, Rebuild, Extend & Renovation of a single story dwelling (the "Work").
2. CONTRACT PRICE AND PAYMENTS
The Owner agrees to pay the Contractor the total amount of
EC$50,833.50 (the “Contract Price”). Payment of this amount is subject to additions or deductions in accordance with any mutually agreed to changes and/or modifications in the work. Payment can be made by
[cash/check/money order/credit or debit card/wire transfer/other]. Payment can also be made in installments upon completion of different milestones as agreed by both the Owner and the Contractor. The following schedule to be followed and
checked by the contractors project manager and 3rd party agreed by the owner before making payments:
Payment on completion of stage one (1) 8% ($4066.67)
Mobilization of tools and temporary storage of materials and workers down paymentPayment on completion of stage two (2) 7% ($3558.35)
Dowelling 1/2” bars at 16” O.C into existing beam
inserting hurricane straps into existing ring beam
Payment on completion of 2nd stage 10% ($5083.50)
Form work required and installed for the casting of the rafter heel.
And the restoration of defected beam sections
Payment on completion of 3rd stage 20%($10166.70)
-Installation of main ridge panel and rafters
-Stringing 2”x 8” D.P P rafters to main ridge
Payment on completion of 4th stage 10%($5083.50)
Cladding of 2”x 8 “ rafters with 1/2” semi groove ply
Installation of 2” x 3 D.P.P lumber purlins
Payment on completion of 5th stage 20% ($10166.70)
Dowelling of 1/2” bars on 16” on centers
Stringing of 6” HC blocks
Pouring Concrete in cores of blocks and lintels
Payment on completion of 6th stage 15% ($7625.3)
Cladding of main roof and veranda with box panel galvanize
Payment on completion of 7th stage 10% ($5082.78)
Final snag inspection of works completed , once satisfied monies are to be released
3. LABOR AND EQUIPMENT
The Contractor shall provide and pay for all labor, tools, construction equipment and machinery, transportation and all other facilities and services relating to the contractors team.
3a. MATERIALS
The Owner will provide and all materials necessary for the completion of the work. All materials shall be good quality and/or new this includes salvaged material agreed by both parties, unless the Contract documents require or permit otherwise. The Contractor may substitute materials only with the prior written approval of the Owner.
The owner will supply appropriate accommodation including bedding and clean water for the contractor and its workers agreed upon by both parties.
4. LICENSES AND PERMITS
The Parties shall obtain all licenses and permits necessary for proper completion of the work. Each Party is responsible for the cost of any necessary permits or licenses.
5. LAWS AND REGULATIONS
The Contractor shall perform the work in a workmanlike manner and in compliance with all applicable federal, state, and local laws, regulations and ordinances, trade standards, ethical guidelines and any safety requirements of the Owner (the “Applicable Laws”). The Contractor shall promptly notify the Owner upon discovery of any variance between the Applicable Laws and the Construction Documents.
6. SUPERVISION OF CONSTRUCTION
The Contractor shall be solely responsible for and shall supervise and direct all construction under this Contract. The Contractor shall provide competent and suitable personnel (workforce) to perform the work and shall at all times maintain good discipline and order at the Property. The Contractor will at all times take all reasonable precautions for the safety of its employees and the public at the Property.
The Contractor agrees to assume full responsibility for the acts, negligence, theft and/or omissions of its employees, workers and any subcontractors and their employees.
7. UTILITIES
The Owner shall pay for all permanent electric, water, phone, cable, sewer and gas service as needed to perform the work. The Owner shall pay for the installation, connection and removal of all temporary utilities on the Property during the performance of the work. All temporary utilities shall confirm and adhere to the Applicable Laws.
8. HAZARDOUS MATERIALS
Except as otherwise provided in the Contract Documents, the Contractor shall be responsible for all Hazardous Materials brought to the Property by the Contractor. Hazardous Materials shall include radioactive materials, asbestos, polychlorinated biphenyls, petroleum products, crude oil, flammable materials, chemicals or solvents known to cause cancer or reproductive toxicity, pollutants, contaminants and toxic substances which are restricted, prohibited or regulated by any agency of government in its manufacture, use, maintenance, storage, ownership or handling.
If the Contractor discovers any Hazardous Materials on the Property, the Contractor shall immediately notify the Owner and may cease working until the material or substance has been rendered harmless. The Owner shall defend, indemnify and hold harmless the Contractor, any subcontractors, and their respective agents and employees from and against all claims, damages, losses and expenses, including attorney’s fees, arising out of or resulting from contact with the Hazardous Substance in performance of the work resulting in bodily injury, illness or death, or injury or property damage, provided such claim, damage, loss or expense is not the result of any negligent act or omission by the Party seeking such indemnity.
9. WARRANTY
The Contractor warrants that the work shall be in accordance with the Contract Documents, Applicable Law and Trade Standards and free from material structural defects, improper workmanship or defective materials. The Contractor shall replace, correct or repair any work not in accordance with the Contract Documents, Applicable Law and Trade Standards or any defects caused by faulty materials, equipment or workmanship for a period of 12 months from the date of completion of the work.
10. INSPECTION
The Owner shall have a right to inspect the work at any time and request that the Contractor promptly correct any work that is defective or does not conform to the Contract Documents. If required, the work shall be inspected and certified by the appropriate state or local agency or health officer at each necessary stage.
11. RIGHT TO STOP WORK
If the Contractor fails to correct any defective work or repeatedly fails to perform the work in accordance with the Contract Documents, the Owner shall have the right to order the Contractor to stop performing the work, or any portion thereof, until the cause for such order is eliminated.
12. SUBCONTRACTS
The Contractor shall furnish to the Owner a list of names of subcontractors proposed to perform principal portions of the work. The Contractor shall not employ any subcontractor to whom the Owner reasonably objects. A subcontractor, for the purposes of this Contract, shall be a person with whom the Contractor has a direct contract for work at the Property. All contracts between the Contractor and subcontractor shall be in accordance with the terms of this Contract and the Contract Documents.
13. WORK CHANGES
The Owner reserves the right to order changes to the work in the nature of additions, deletions or modifications, without invalidating this Contract, and agrees to make corresponding adjustments in the Contract Price and Time of Termination if applicable. All changes will be authorised in a written “Change Order” signed by the Owner and the Contractor, which shall be incorporated by reference herein.
14. INDEMNIFICATION
The Contractor agrees to defend, indemnify and hold harmless the Owner and its agents and employees, from and against all claims, actions, liabilities, suits, demands, injuries, obligations, damages, losses, settlements, judgments, fines, penalties, costs and expenses, including reasonable attorneys' fees, arising out of any negligent act or omission by the Contractor, a subcontractor or anyone directly or indirectly employed by them in the performance of the work resulting in bodily injury, illness or death, or for property damage, including loss of use, unless caused by the sole negligence or willful misconduct of the Owner.
15. CONTRACTOR’S INSURANCE
The Contractor agrees to maintain at its own expense public liability insurance during the entire period of Construction at the Property:
16. WAIVER OF SUBROGATION
The Owner and the Contractor each waive any and all claims or rights to recovery against the other Party for any loss or damage to the extent such loss or damage is covered by insurance or would be covered by any insurance required under this Contract. The Owner and the Contractor shall cause each insurance policy carried by the Owner or the Contractor relating to the Property to include or allow a full waiver of any subrogation claims.
17. TIME IS OF THE ESSENCE
All times stated in this Contract or in the Contract Documents are of the Essence. The Contractor agrees that such times are reasonable for performing and completing the work.
18. LIQUIDATED DAMAGES
The Owner is entitled to damages if the work is not completed by the specified date in this Contract, except in cases of severe weather, power outages, or approved extensions. Such delays can lead to damages that are hard to quantify. Therefore, the Owner and Contractor agree that, instead of calculating actual damages, the Contractor will deduct 3% from the total amount owed by the Owner for each calendar day that completion is delayed. The Contractor acknowledges that this amount is reasonable and proportional to the anticipated damages. These liquidated damages will serve as the exclusive remedy for the Owner in the event of delays beyond the agreed completion date.
19. EXTENSION OF TIME
The time stated in this Contract may be extended for such reasonable time as the Contractor may determine when performance of the work by the Contractor is delayed by a Change Order, labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions, unavoidable casualties, or other causes beyond the Contractor’s control or which justify the delay.
20. EARLY TERMINATION FOR BREACH OF CONTRACT
1. Contractor’s Termination:
The Contractor may, on
14 days’ written notice to the Owner, terminate this Contract before the completion of the work when for a period of
14 days after a progress payment is due, through no fault of the Contractor, the Owner fails to make the payment. On such termination the Contractor may recover from the Owner payment for all work completed and for any loss sustained by the Contractor for materials, equipment, tools or machinery to the extent of actual loss thereon, plus loss of a reasonable profit.
2. Owner’s Termination:
The Owner may, on
14 days’ notice to the Contractor, terminate this Contract before the completion of the work, and without prejudice to any other remedy the Owner may have when the Contractor defaults in the performance of any provision of Contract, or fails to carry out performance of the work in accordance with the provisions of the Contract Documents.
3. Excess Payment:
- If the unpaid balance on the Contract Price at the time of the termination exceeds the expense of finishing the work, the Owner shall pay such excess to the Contractor.
- If the expense of finishing the work exceeds the unpaid balance of the Contract Price at the time of termination, the Contractor shall pay the difference to the Owner.
21. DISPUTES
Any dispute arising from this Contract shall be resolved through:
- Court Litigation: The dispute shall be resolved in the courts of Eastern Caribbean Supreme Court
- Attorneys’ Fees: If either Party brings legal action to enforce its rights under this Contract, the prevailing Party will be entitled to recover from the other Party its expenses (including reasonable attorneys’ fees and costs) incurred in connection with the action and any appeal.
- Arbitration: The dispute shall be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association.
- Mediation: The dispute shall be resolved through mediation.
- Mediation then Arbitration: The dispute shall be resolved through mediation. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association.
22. CERTIFICATE OF COMPLETION
Work under this Contract shall begin on 1st Oct 2024 or such date when the necessary materials are delivered on the owners property and shall be completed by (subject to all materials and weather permitting)
FIVE (5) full weeks under the condition that the materials are delivered and ready to complete each stage of the works..
Upon completion of the Work, the Contractor shall notify the Owner that the work is ready for final inspection and acceptance and the Owner shall make the final payment within 14 days after final inspection.
23. COUNTERPARTS
This Contract may be executed in one or more counterparts, each of which shall be deemed an original and all of which together, shall constitute one and the same document.
24. HEADINGS
The section headings herein are for reference purposes only and shall not otherwise affect the meaning, construction or interpretation of any provision of this Contract.
25. NOTICES
Any notice or communication given or made to any Party under this Contract shall be in writing and delivered by hand and or digitally via email, with a return receipt requested, to the address stated above or to another address as that Party may subsequently designate by notice and shall be deemed given on the date of delivery.
26. ASSIGNMENT
No Party hereto shall have the right to assign its rights or delegate its duties hereunder without the written consent of the other Party.
27. BINDING EFFECT
This Contract shall be binding and ensure to the benefit of the Parties and their respective legal representatives, heirs, administrators, executors, successors and permitted assigns.
28. GOVERNING LAW
This Contract and the rights and obligations of the Parties hereto shall be governed by and construed in accordance with the laws of Grenada, West Indies.
29. SEVERABILITY
If any provision of this Contract is held to be invalid, illegal or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid, legal and enforceable as though the invalid, illegal or unenforceable part had not been included in this Contract.
30. AMENDMENTS
This Contract may not be amended or modified except by a written agreement signed by all of the Parties.
31. WAIVER
No Party shall be deemed to have waived any provision of this contract or the exercise of any rights held under this contract unless such waiver is made expressly and in writing. Waiver by any Party of a breach or violation of any provision of this Contract shall not constitute a waiver of any other subsequent breach or violation.
32. INDEPENDENT CONTRACTOR
The Contractor acknowledges that it is an independent contractor and is not an agent, partner, joint venture nor employee of the Owner. The
Contractor shall have no authority to bind or otherwise obligate the Owner in any manner nor shall the Contractor represent to anyone that it has the right to do so.
33. RIGHT OF THIRD PARTIES
Nothing in this Contract shall create or give to any third party a claim or right of action against the Contractor or the Owner.
34. CONFIDENTIALITY
As a result of the Contractor's participation in the work, the Contractor will have access and contribute to information and materials of a highly sensitive nature, including Confidential Information. The Contractor hereby warrants that the Contractor and its employees and agents shall not (without in each instance obtaining the Owner's prior written consent) disclose, make commercial or other use of, or give or sell to any person, firm, or corporation, any Confidential Information received directly or indirectly from the Owner or acquired or developed in the course of the performance of this Contract unless:
- required to do so pursuant to Applicable Laws (and then only after the Contractor has given the Owner prompt written notice of the legal compulsion and, at the Owner's expense, provided by the Owner with cooperation in any attempt the Owner may make to gain a protective order acceptable to the Owner); or
- it is rightfully in the possession of the Contractor from a source other than the Owner prior to the time of disclosure of the information to the Contractor under this Contract; or
- it was in the public domain prior to the time of the Contractor's receipt; or
- it became part of the public domain prior to the time of the Contractor's receipt by any means other than an authorized act or omission on the part of the Contractor; or
- it is supplied to the Contractor after the time of the Contractor's receipt by a third party who was not under any obligation to the Owner to maintain such information in confidence; or
- it was independently developed by the Contractor prior to the time of its receipt from the Owner. All Confidential Information, regardless of form, shall be the property of the Owner and shall be returned to the Owner upon its request, or in any event, at the completion or earlier termination of this Contract.
35. ENTIRE AGREEMENT
This Contract contains the entire agreement between the Parties hereto with respect to the subject matter hereof, and supersedes all prior negotiations, understandings and agreements.
36. RECORD DOCUMENTS
The Contractor shall maintain in a safe place at the Property one record copy of all drawings, specifications, addenda, written amendments, and the like in good order and annotated to show all changes made during construction, which will be delivered to the Owner upon completion of the work. The Owner shall have the right to inspect and review such documents upon notice to the Contractor.
37. UNFORSEEN WORKS
During the site visit and building process, additional work may arise that is not specified in this contract. Such work can be completed through a separate written agreement mutually approved by both parties. A temporary arrangement can be made via WhatsApp until a more formal contract is prepared.