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Drywall Contract
This Drywall Contract (this "Contract") is made effective as of , by and between , of , , , and , of , , .
DESCRIPTION OF SERVICES. Beginning on , will provide the following services (collectively, the "Services"):
| a. | Works or services pertaining to the preparation, spotting, pointing, detailing, flushing, sanding, and finishing of interior and/or exterior gypsum, drywall, thin wall, concrete, steel, wood, and plaster surfaces, spackling of all surfaces where adhesive material are used; and all drywall pointing, taping, and finishing; |
| b. | Works or services pertaining to the application of all finish or flushing materials regardless of method of application or type of surface on which materials are applied, including but not limited to texture and simulated acoustic materials of all types and the application of radiant heat fill and steel fireproofing materials. |
| c. | Works or services pertaining to the installation of protective coverings and masking prior to the application of finish materials. |
| d. | The operation and care of all taping tools and texturing equipment used in the finishing and texturing of drywall and other surfaces including brushes, rollers, spray texturing equipment, miscellaneous hand, mechanical, and power tools, and the operation and maintenance of compressors required in the finishing and texturing of such surfaces. |
| e. | The clean up of all materials and debris occasioned by any job operation at the site of construction, alteration, or repair whether such operation occurs on the interior or exterior of a building structure. |
PAYMENT FOR SERVICES. will pay compensation to for the Services upon completion of the Services. no later than .
In the event fails to make payment for services to as contemplated in the Contract, shall have the right to cease all work at the premises until such time makes all payments due and owing to .
TERM/TERMINATION. This Contract
RELATIONSHIP OF PARTIES. It is understood by the parties that is an independent contractor with respect to , and not an employee of . will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of .
ADDITIONAL WORK: In the event of any additional work is required by , will provide such work only upon written authorization of . and agree that payment of any additional work required to be done shall be negotiated between and prior to the Commencement of additional work by .
HAZARDOUS MATERIALS: In the event encounters any hazardous materials while performing the work, may stop the work until such time as a fee has been negotiated between and for the removal of hazardous materials. Hazardous material shall mean any material because of its quantity, concentration or physical chemical characteristics may pose a real hazard to human health or the environment. Hazardous materials shall include, but not limited to, flammable and combustible material, toxic material, corrosive material, aerosols, compressed gases, mercury, asbestos, bulk fuels, medical waste and chemical, biological and radiological materials.
ASSIGNMENT. Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.
DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:
| a. | The failure to make a required payment when due. |
| b. | The insolvency or bankruptcy of either party. |
| c. | The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency. |
| d. | The failure to make available or deliver the Services in the time and manner provided for in this Contract. |
REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written.
SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
AMENDMENT. This Contract may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
APPLICABLE LAW. This Agreement shall be governed by the laws of the State of .
NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.
SIGNATURES. This Contract shall be signed by on behalf of and by on behalf of .
BUILDER:
| By: | Date: |
CONTRACTOR:
| By: | Date: |
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Regardless of how few hours the work will take, creating a record of your commitments to the client is important. You might decide that you want to make this document because, when done accurately, it can yield the benefits outlined below:
Any drywaller opting not to use a Drywall Agreement, in many cases, should anticipate common issues like unrealistic requests or confusion about timing, costs, and materials
While you may not need to have a specific background to be a drywall installer, the state where you work may require you to obtain specific licensing or permitting before you can operate in the state. Anyone who is considering a sole drywall business should work with a lawyer to review the legal requirements, including bonding and insurance guidelines before seeking work as a drywaller. Most drywallers can get started by working with a company who is already established to obtain the necessary experience and certifications before going out on their own.
In order to build your Drywall Contract right now, you'll need the following:
As usual, this contract made on Rocket Lawyer also includes the typical legalese about the non-employer relationship between the parties, indemnity, confidentiality, and finally, the method(s) of dispute resolution. In the process of making your agreement, you'll also have the ability to designate the jurisdiction under which it will be governed. Further personalization is possible, as necessary.
A drywall installer's salary may depend on a number of factors, including where they operate and what type of properties they work on. Typically, contractors who do primarily residential drywall installation will not earn as much as those contractors who focus their business on commercial drywall installation. A rough estimate might be $50K per year for the average contractor.
Fortunately, you won't need to pay hundreds of dollars in legal fees to get your agreement in writing. With Rocket Lawyer, anyone is able to draft a free Drywall Contract today. Your document will be assembled section by section, as you answer simple questions to enter details. Simply click the button labeled "Make document" to start.
If you have any concerns before you begin, ask a lawyer. You should also feel free to explore the other business documents in our library.
Attached alongside each Drywall Contract, there will be a checklist of next steps you can take to finalize the document. You also may interact with your document in one or all of these ways: editing, signing it electronically with RocketSign®, printing it, or saving it as a Word or PDF file. Most importantly, you will need to give a copy of the fully signed contract to the other party.
Getting a second set of eyes on your contract can take a long time if you attempt to do it on your own. An alternate approach might be via the On Call network. Rocket Lawyer members have the ability to request a contract review from an Rocket Lawyer network attorney with experience in business or send additional questions. As a business owner, you can Work Confidently® with Rocket Lawyer by your side.
For those considering a drywall business, you should be prepared to invest in your own tools. These tools may include ladders, scaffolding, stilts, sanders, trowels, and hawks. Additionally, you will want a vehicle which can carry the tools you need to complete the jobs you are going to be working on. If you have more questions about starting a business, it can be helpful to consult a lawyer who has experience in the state in which you plan to operate.
