Home Improvement and Remodeling Contract

Important jurisdiction notice

HOME-IMPROVEMENT CONTRACTS ARE HIGHLY REGULATED. Before use, a qualified attorney in the project jurisdiction must add or confirm every required contractor-license disclosure, registration number, consumer notice, right-to-cancel form, deposit limit, lien notice, insurance notice, payment schedule restriction, permit duty, warranty, and statutory language.

Do not sign this draft until all bracketed fields and required exhibits are complete. If a mandatory local term conflicts with this draft, the mandatory law controls and this draft must be revised.

Parties, property, and contract documents

This Home Improvement and Remodeling Contract is effective [DATE] between [OWNER LEGAL NAME] (“Owner”) and [CONTRACTOR LEGAL NAME, ENTITY, LICENSE / REGISTRATION NUMBER, ADDRESS, PHONE] (“Contractor”) for work at [PROPERTY ADDRESS] (“Project”).

The Contract Documents are this agreement, Exhibit A scope and plans, Exhibit B price and payment schedule, Exhibit C selections and allowances, required notices, and signed change orders. If they conflict, signed change orders control, then this agreement, then the exhibits, unless mandatory law requires otherwise.

Detailed scope and exclusions

Contractor will furnish the labor, supervision, materials, equipment, and services specifically listed in Exhibit A. Exhibit A should identify drawings and revision dates; demolition; protection; rough and finish work; fixtures; finishes; brand or performance specifications; disposal; cleaning; testing; closeout; and expressly excluded work.

Anything not reasonably shown or described is excluded. Owner acknowledges that estimates based on visual inspection cannot reveal every concealed condition. Cosmetic variation in natural materials and ordinary construction tolerances are not defects when consistent with applicable standards.

Contract price, deposits, and payment draws

The initial contract price is [AMOUNT], subject to allowances, unit prices, approved changes, credits, and lawful adjustments. Owner will pay only under the milestone schedule in Exhibit B: [DEPOSIT], [DRAW MILESTONES], and [FINAL PAYMENT CONDITIONS].

Each payment application may include completed work, properly stored materials, approved changes, and applicable taxes. Owner will identify a good-faith disputed item in writing before the due date and pay the undisputed amount. Contractor may stop work after required notice for overdue undisputed payment. [CONFIRM DEPOSIT CAPS, DRAW LIMITS, RETAINAGE, AND LIEN-WAIVER RULES WITH LOCAL COUNSEL.]

Allowances and unit prices

Allowances are placeholders for the items and amounts in Exhibit C. The contract price will be adjusted by the difference between the allowance and actual documented cost, plus [MARKUP / PROCUREMENT FEE] if lawful and stated. Owner will make selections by the listed deadlines.

Unit-price work is adjusted by verified installed quantity at the stated unit rate. Delayed, unavailable, discontinued, or changed selections may affect cost and schedule. Contractor may propose a reasonably comparable substitute, but Owner approval is required for a material aesthetic or performance change unless emergency or code requirements dictate otherwise.

Change orders

No material change in scope, plan, specification, finish, sequence, access, or schedule is binding unless documented in a written change order describing the work, price adjustment, payment timing, and schedule effect and signed by Owner and Contractor, except emergency work reasonably necessary to protect people or property.

Verbal requests, field conversations, text messages, or marked drawings do not by themselves change the Contract Documents. If Owner directs changed work before price is fully known, the parties may sign a time-and-material authorization with rates and a not-to-exceed amount.

Permits, code, utilities, and inspections

Responsibility for permits, plan review, engineering, utility coordination, homeowners’ association approval, and inspections is allocated in Exhibit A. Contractor will perform its work to applicable codes in effect for the permitted scope, but pre-existing nonconforming work and upgrades outside that scope are excluded unless required by the authority and handled by change order.

Owner will disclose easements, private utilities, septic, underground systems, hazardous conditions, prior unpermitted work, and known restrictions. Costs from inaccurate or incomplete information are handled under the change-order process.

Concealed and differing site conditions

Rot, mold, asbestos, lead, pests, structural defects, inadequate utilities, hidden plumbing or wiring, soil problems, water intrusion, code deficiencies, and other concealed or materially different conditions are outside the price unless specifically included.

Contractor will stop affected work when reasonably necessary, document the condition, and propose investigation, remediation, or a change order. Contractor is not required to disturb suspected hazardous material and may require testing or licensed remediation before work resumes.

Owner responsibilities and site access

Owner will provide Contractor and its trades reasonable access during [WORKING HOURS], available utilities, parking and staging identified in Exhibit A, timely selections, accurate property information, and a safe route to the work.

Owner will remove or protect valuables, secure pets, keep children and unauthorized persons out of work areas, and not direct subcontractors or alter completed work. Occupancy during construction may involve noise, dust, vibration, odors, utility interruptions, and restricted access. Owner will follow reasonable safety instructions.

Schedule, delays, and substantial completion

Work is expected to begin around [DATE] after permits, initial payment, selections, and site readiness, and reach substantial completion around [DATE / DURATION]. Dates are good-faith estimates unless expressly guaranteed in writing.

Weather, inspections, concealed conditions, material shortages, labor availability, Owner changes, delayed decisions, utility interruption, casualty, governmental action, and other causes beyond Contractor’s reasonable control extend the schedule. “Substantial Completion” means the Project can be used for its intended purpose despite minor punch-list items.

Subcontractors, insurance, and site safety

Contractor may engage qualified subcontractors and remains responsible for coordinating the contracted work. Contractor will maintain the insurance required by applicable law and Exhibit D and provide certificates on request. Owner will maintain property and liability insurance appropriate for renovation and notify its insurer before work begins.

Contractor controls construction means, methods, sequencing, and job-site safety for its personnel. Owner remains responsible for hazards under Owner’s control and for persons Owner brings to the site.

Protection, damage, cleanup, and owner property

Contractor will use reasonable measures to protect adjacent finished areas within the stated scope and will remove ordinary construction debris as described in Exhibit A. Construction necessarily causes disturbance, and protection outside the work area, specialty cleaning, landscaping restoration, storage, and moving Owner property are excluded unless listed.

Each party will promptly report damage. Contractor is responsible for physical damage caused by its negligent work, subject to this agreement and insurance, but not for pre-existing weakness, concealed defects, ordinary vibration effects, or damage caused by Owner, third parties, or excluded conditions.

Punch list, final inspection, and closeout

At substantial completion, Owner and Contractor will prepare one written punch list of incomplete or nonconforming contracted items. Contractor will address valid items within a reasonable time considering material and trade availability. Punch-list work that does not materially prevent intended use is not grounds to withhold more than the reasonable value of that work where permitted by law.

Final payment is due after the contractual closeout conditions in Exhibit B, which may include inspection approval, punch-list arrangement, manuals, warranties, and required lien documentation.

Limited workmanship warranty

Contractor warrants its workmanship for [NUMBER] [MONTHS / YEARS] after substantial completion, subject to mandatory law. Owner must give prompt written notice and reasonable access to inspect and correct a covered defect.

The warranty excludes normal wear, movement or settlement within accepted tolerances, abuse, failure to maintain, water intrusion from excluded sources, acts of nature, Owner-supplied materials, manufacturer defects, design not supplied by Contractor, and work modified by others. Manufacturer warranties are passed through when transferable. [INSERT REQUIRED STATUTORY WARRANTIES.]

Suspension and termination

Contractor may suspend work after required notice for nonpayment, unsafe conditions, denied access, missing decisions, unlawful instruction, or material Owner breach. Schedule and remobilization cost will be adjusted.

Either party may terminate for uncured material breach after the notice and cure period required by law. Owner termination for convenience, if permitted, requires payment for completed work, stored and ordered materials, demobilization, cancellation charges, approved overhead and profit on work performed, and any lawful termination fee stated in Exhibit B.

Force majeure

Neither party will be liable for delay or failure caused by an event beyond that party’s reasonable control, including severe weather, natural disaster, epidemic, war, civil disorder, labor disruption, utility or internet outage, government action, transportation interruption, or supplier failure not caused by that party. The affected party will promptly notify the other, use commercially reasonable efforts to reduce the impact, and resume performance when reasonably possible.

If the event continues for more than [NUMBER] consecutive days and materially defeats the purpose of the engagement, either party may terminate the affected services by written notice. Client remains responsible for work completed and non-cancellable commitments made before termination.

Claims, liens, and dispute process

The parties will promptly document a claim and meet in good faith before escalation. The Project is governed by the law of [PROJECT JURISDICTION]. Disputes will proceed through [MEDIATION / COURT / ARBITRATION] only after inserting all legally required consumer disclosures and reviewing enforceability.

Nothing in this draft waives a non-waivable right, lien remedy, payment-bond claim, administrative complaint, warranty, or consumer protection. [ATTACH ALL REQUIRED PRELIEN, LIEN, CANCELLATION, ARBITRATION, AND ATTORNEYS’ FEES NOTICES.]

Notices and general terms

Formal notices must be in writing and delivered by personal delivery, nationally recognized courier, or email with confirmation to the addresses listed below, and are effective on confirmed receipt. Routine project communication and approvals may occur through the parties’ designated email addresses or project portal.

This agreement, its exhibits, and signed change orders are the entire agreement and replace prior discussions about the same subject. An amendment or waiver must be in a writing signed by authorized representatives. If a provision is unenforceable, it will be modified only as needed and the remainder will continue. Neither party may assign this agreement without consent, except with substantially all of its business or assets, provided the assignee assumes the obligations. Headings are for convenience. Provisions that by their nature should survive will survive termination.

Electronic signatures and counterparts

The parties intend electronic signatures, typed signatures applied through an agreed electronic-signature service, and signatures in separate counterparts to be binding to the fullest extent permitted by law. A complete electronic copy is treated as an original.

Each signer represents that the signer has authority to bind the named party and has had the opportunity to seek independent legal advice before signing.

Required and recommended exhibits

Exhibit A — Plans, Specifications, Scope, Exclusions, Permits, Cleanup, and Site Logistics.

Exhibit B — Contract Price, Deposit, Payment Draws, Retainage, Change-Order Rates, Suspension, and Termination Economics.

Exhibit C — Selections, Allowances, Unit Prices, Substitution Rules, and Selection Deadlines.

Exhibit D — Licenses, Insurance, Required Notices, Right-to-Cancel Forms, Lien Notices, Warranty Notices, and Other Jurisdiction-Specific Attachments.

Exhibit E — Baseline Schedule, Owner Responsibilities, and Project Contacts.

Signatures

CLIENT
Legal name: [CLIENT LEGAL NAME]
Authorized signer and title: [NAME / TITLE]
Signature: [SIGNATURE]
Date: [DATE]
Notice email and address: [EMAIL / ADDRESS]

CONTRACTOR
Legal name: [SERVICE PROVIDER LEGAL NAME]
Authorized signer and title: [NAME / TITLE]
Signature: [SIGNATURE]
Date: [DATE]
Notice email and address: [EMAIL / ADDRESS]