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Painting Contract
This Contract for Services is made effective as of , by and between ("") of , , , and ("") of , , .
DESCRIPTION OF SERVICES. Beginning on , will provide to the painting services described in the attached Exhibit (collectively, the "Services"). the following painting services (collectively, the "Services"):
All services will be completed by at ,, .
PAYMENT. Payment shall be made to , , , , , ., in the amount of upon completion of the services described in this Contract. upon executing this Contract. . agrees to pay in installment payments of . the sum of as follows:
Event and Payment Amount
In addition to any other right or remedy provided by law, if fails to pay for the Services when due, has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies.
SCOPE OF WORK. shall ensure the painting surfaces are free from dust, dirt, mildew, fungus, loose materials, faults, and defects, and otherwise properly prepare the surface to receive the paint, to ensure complete even coverage and adequate adhesion of the paint to the surface. agrees not to begin work until the surfaces to receive paint are clean, dry, free of defects, firm and sound to design shape.
Upon completion, the painted surface shall be uniform in appearance; with complete coverage; free of runs, sags, and skips; with sharp clean edges, when finishes join other materials or colors; smooth without roughness, (excepting those surface materials whose natural texture is roughness, such as rough cedar beams and siding, textured siding, etc.); and pleasing to the eye.
is responsible for scheduling delivery of all painting materials. is responsible for the clean-up of any splatters caused during painting.
TERM. This Contract will terminate automatically upon completion by of the Services required by this Contract. will terminate automatically on .
PERMITS. shall apply for and obtain such permits and regulatory approvals as may be required by the local municipal/county government, and the cost thereof shall be included as part of the service price.
INSURANCE. shall maintain general liability, workers compensation and builder's risk insurance.
CHANGES TO SCOPE OF WORK. may make changes to the scope of the work from time to time during the term of this Contract. However, any such change or modification shall only be made by written "Change Order" signed by both parties. Such Change Orders shall become part of this Contract. agrees to pay any increase in the cost of the painting services as a result of a Change Order. In the event the cost of a Change Order is not known at the time a Change Order is executed, shall estimate the cost thereof and shall pay the actual cost whether or not it is in excess of the estimated cost.
INDEMNIFICATION. agrees to indemnify and hold harmless from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against that result from the acts or omissions of and/or 's employees, agents, or representatives.
WARRANTY. shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in 's community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to on similar projects.
All materials and installations incorporated into the work shall be new, unless otherwise specified, and shall be of good quality. agrees to repair any peeling, deteriorating, fading paint surfaces for a period of one year, and shall not be responsible for mildew or fungus that may form on painted surfaces. shall not be responsible after this period. shall not be responsible for builders' negligence. agrees to assist in securing fulfillment of warranties provided by the manufacturer on the materials supplied by . In the event, of peeling, deteriorating, fading paint surfaces within the warranty period and through fault of , then agrees to repair within days of notice, weather permitting. 's obligation to effect repairs, as described above in this paragraph, is the only guarantee or warranty provided by to with respect to the agreed work.
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 Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will 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.
GOVERNING LAW. This Contract shall be construed in accordance with the laws of the State of Commonwealth 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.
FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
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.
ARBITRATION. Any controversies or disputes arising out of or relating to this Contract shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Contract. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Contract or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Contract.
SIGNATORIES. This Agreement shall be signed on behalf of by , and on behalf of by , and effective as of the date first above written.
| By: | Date: |
| By: | Date: |
Final Checklist for Painting Contract
Service Recipient:
Painting Company:
Make It Legal
| _____ | Look over the Contract to ensure it matches your intentions. If you need to make changes to the Contract outside of the interview, you will be able to make changes online in the Document Manager at the end of the process or downloaded to any word processor. |
| _____ | Use the easy e-signature service to sign electronically without having to print, sign and deliver hard copies. Or, print and sign hard copies of your Contract in duplicate. |
| _____ | Share or deliver a copy of the Contract to the other Party. |
| _____ | Make sure all attachments have been included. Exhibit A (painting service description) attached. You should scan and upload a copy of any attachments to your Rocket Lawyer account using your Rocket Lawyer account to ensure you have a complete record of all documents involved in this transaction. |
Copies
| _____ | Keep a copy of all documents for your own records and in case there is a problem. |
| _____ | Each Party should receive an original signed copy of the Contract. Your copy should be kept in a safe place. If you signed a paper copy of your document, you can use Rocket Lawyer to store and share it. Safe and secure in your Rocket Lawyer File Manager, you can access it any time from any computer, as well as share it for future reference. |
When to Consult a Lawyer
| * | If you are unsure or have questions regarding this Agreement or need additional assistance with special terms to the Contract, use Rocket Lawyer's Find a Lawyer search engine to find a lawyer in your area to assist you in this matter. |
Other Information
| * | It is not necessary that the signatures be witnessed or notarized. |
Reasons to Update
| * | The same parties are involved in another transaction involving different products. |
| * | To correct or amend terms of an existing contract. |
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Even if you are being hired by an acquaintance, it is always a best practice to sign a Painting Contract. Signing this document could be good for you due to the benefits outlined below:
A few repercussions of not signing one could include confusion on timing, unwieldy changes in scope, and incomplete payments, among other potential concerns.
Specifics to add are:
As expected, your document from Rocket Lawyer also contains the standard legal language regarding the non-employment relationship between the parties, liability for losses, and dispute resolution. During the process of making your agreement, you also will be able to select its state of jurisdiction.
More custom modifications are possible, if necessary. For example, if the job requires the painter to strip existing paint or tear down wallpaper in order to prepare for the painting, this information should be contained in the contract. By documenting the full scope of the job, both parties are protected.
The good news is you do not have to reinvent the wheel to write a good contract for a painting job. In fact, with Rocket Lawyer, you can make a Painting Contract easily, regardless of whether you are a painting contractor or the person who will be hiring a painter.
The Painting Contract is built step-by-step, as you provide more details, so you can be certain that it contains all of the relevant information you need to make sure both parties involved have a clear understanding of the scope of the work, the cost, and the time involved.
Drafting your own free Painting Contract is easy to do with Rocket Lawyer. To start the process, tap or click on "Make document." You will then answer a set of questions to generate your custom contract. It may be helpful to consider asking a lawyer in our nationwide network of attorneys to read it over before signing it. This route, in most cases, will end up being much less time-consuming than working with a traditional law firm at a cost that could add up to several hundred dollars or even more.
If you have any particular questions or concerns about how to move forward, you can always talk to a lawyer. You may also wish to take a look at our entire repository of contracts and other legal documents for business .
Typically, estimating a painting job starts with visiting the customer and understanding what they want. Once you have a complete understanding of the customer's requirements, you can begin the estimate by measuring the area where the work is to be done. Once this is complete, you will need to get a price on the materials needed to complete the work.
Once you have all the data necessary, you'll need to determine how much time it will take you to complete the job, including setup and cleanup. Once you have done this, you should be able to successfully estimate the job and you can issue a proposal to the customer for approval.
If you have questions about your Painting Contract, ask a lawyer .
After completing your custom contract with the help of Rocket Lawyer, you will have the ability to view it anytime and anywhere. As a Rocket Lawyer member, you will be able to edit, get electronic signatures through RocketSign®, make a copy, save it in PDF format or as a Word document, or print it as necessary. Attached alongside each Painting Contract, there will be a series of tips on what to do next. You will need to provide a final copy of the signed agreement to the other party.
If you attempt to do it by yourself, hiring an attorney to give feedback on your Painting Contract may be time-intensive and fairly costly. Sometimes a lawyer will not even agree to review your contract if they didn't write it. In the event that an attorney does decide to help you, they are still going to make you pay their standard rate for doing so. An easier and more cost-effective option is to go through the Rocket Lawyer attorney network. With a Premium membership, you can get your contracts reviewed or ask specific legal questions. Whether you make another Painting Agreement or other legal documents for painters, Rocket Lawyer will be here for you.
Often, the best way to land more painting jobs is by word-of-mouth. Once you have successfully completed a job, you may ask the customer to post a positive review of your services online or ask if they are willing to act as a reference for potential customers. This will allow prospective customers to hire you with confidence.
