This New Home Construction Agreement (Fixed Price) is between a property owner and a contractor for the construction of a new home at a fixed price. This agreement sets out the specific arrangement between the parties including the home’s specifications, the time it will take to construct the new home and the contractor’s specific warranties. It also sets out the property owner’s detailed payment schedule. It is crucial that this type of agreement be memorialized in writing. A well-written New Home Construction Agreement – Fixed Price will prove invaluable in the event there are disagreements, misunderstandings or litigation regarding the home construction.

This New Home Construction Agreement – Fixed Price contains the following provisions:

• Date of Agreement/Parties: The effective date of the agreement and the names and addresses of the property owner and contractor;
• Definitions: Detailed definitions of terms contained within the agreement including commencement date, contract price, substantial completion of home and working day;
• Construction of Home: Sets out the timeframe (number of months) expected to complete the home;
• Changes: Sets out that no changes to layout or specifications may be made to the agreement unless mutually agreed to in writing by both parties;
• Contract Price: The contract price shall be paid in accordance to the detailed terms set out on Schedule C to this agreement;
• Delays: The term of this agreement shall be extended if delays are caused by owner, public authority or if the delay was unavoidable (such as a fire or union lockout);
• Legal Compliance/Insurance: The contractor agrees to comply with all applicable laws, rules and regulations and to maintain liability insurance at its own expense;
• Warranty: The contractor shall set out in detail any specific warranties regarding the new home construction;
• Agreement Schedules: The layout, details of finishes and detailed payment schedule are set forth in Schedules A, B and C to this agreement.

Protect yourself, your rights and your property by using our attorney-prepared forms.

This attorney-prepared packet contains:

1. General Instructions
2. New Home Construction Agreement (Fixed Price)

State Law Compliance: This form complies with the laws of your state