Construction Management Agreement
This agreement is made on [Date of acceptance], by and between [Owner's representative] as owner or owner's authorized representative, herein referred to as "Owner", and Transparent Maintenance, Inc., a Georgia Residential-Basic licensed contractor (company license RBCO007813), as Construction Manager and contractor of record, herein referred to as "CM". Owner and CM, in consideration of the mutual covenants hereinafter set forth, agree as follows:
Section One
Project, Site, and Permitted Scope
Project: [Project]
Project address: [Project address]
Permitted Scope: the work described in Owner's intake for this project, as reviewed and approved in writing by CM before the permit application is filed. Work that CM has not approved in writing is outside the Permitted Scope and outside this Agreement.
Section Two
Contractor of Record; Services
CM shall act as the licensed contractor of record for the Permitted Scope. CM shall (a) review and, if acceptable, approve the Permitted Scope in writing; (b) prepare and file the building permit application for the Permitted Scope with the county or municipality having jurisdiction, under CM's license; (c) supervise and direct the Permitted Scope as required of the contractor of record, including scheduling and attending the inspections required by the issuing authority through final approval; and (d) provide project consultation at Owner's behest.
Supervision allowance: the Contract Price includes up to 4 site visits by CM for inspections and supervision within 12 months after the permit is issued. Additional visits, re-inspections caused by nonconforming work, or supervision beyond that period are provided only by written change order at CM's then-current rate.
CM does not furnish labor or materials for the Permitted Scope unless separately agreed in writing. Subcontractors approved under Section Four, paragraph 7 contract with and are paid by Owner and are subject to CM's direction and stop-work authority for the Permitted Scope.
Section Three
Payment and Price
The Contract Price for the services in Section Two payable to Transparent Maintenance is agreed to be [Price of the tier you select]. Payment is due in full upon acceptance of this agreement. Permit, inspection, plan-review, and impact fees charged by the issuing authority are not included and are paid by Owner.
Section Four
General Conditions
1. Indemnity. Owner shall hold CM harmless from any and all cost, expense, liability, or damage suffered or incurred in any manner related to, arising out of, or resulting from any negligent act of Owner, Owner's contractors, material-men, or laborers, or Owner's failure to comply with the terms of this Agreement. Date of start of project: at permit issuance. Projected date of 100% completion: to be determined.
2. Supervision, Inspections, and Access. CM shall supervise and direct the Permitted Scope and shall schedule and coordinate the inspections required by the issuing authority, within the supervision allowance in Section Two. Owner shall provide CM and inspectors access to the site when requested, shall follow CM's directions regarding the Permitted Scope, shall maintain a safe site, and shall not perform or permit any work outside the Permitted Scope or any work that CM has directed to stop.
3. Permits, Fees, and Taxes. CM shall obtain the building permit for the Permitted Scope under CM's license. Owner shall pay all permit, inspection, plan-review, and impact fees charged by the issuing authority and all sales taxes arising from the project, and shall comply with all laws, ordinances, and regulations affecting the project.
4. Governing Law and Legal Remedies of the Parties. Time is of the essence of this Agreement. The laws of the State of Georgia shall govern this Contract. The Parties, being aware of the costs, expenses, and time involved in litigation in the Courts, agree that at the option of any Party, any dispute arising between them hereunder shall be submitted for arbitration to the American Arbitration Association, in which event, if there is pending any litigation in any Court, the complaining Party shall immediately dismiss such Party's complaint upon notice to the complaining Party of the other Party's referral of the dispute to the American Arbitration Association. Further, CM agrees to waive CM's right pursuant to O.C.G.A. Section 44-14-360, et seq., to assert a claim of lien or lien against the real property of Owner which is the subject of this Contract, it being acknowledged and agreed by CM that any such assertion of lien rights is contrary to the herein stated desire of the Parties to avoid litigation in the Courts; and CM's waiver of such rights is unconditional and not limited to circumstances in which any dispute between the Parties has become the subject of arbitration as set forth herein.
5. Assignment. This Contract may not be assigned by either party without the other party's written consent.
6. Modifications and Change Orders. All modifications to this Contract, including additional supervision visits, shall be in writing and signed by both parties.
7. Licensed Subcontractors. All work within the Permitted Scope that requires a Georgia contractor or trade license shall be performed only by persons holding that license and engaged with CM's prior written approval. Before any contractor engaged by Owner begins work, Owner shall provide CM that contractor's Georgia license number and certificate of insurance, and shall obtain that contractor's written acknowledgment that it accepts CM's direction and stop-work authority for the Permitted Scope. CM may stop any work that is not performed to code or by properly licensed persons. Work requiring an electrical, plumbing, low-voltage, or conditioned-air license is permitted and performed by the licensed trade contractor doing that work, under that contractor's license, not CM's.
8. No Use of License. Nothing in this Agreement authorizes Owner or any other person to use CM's license, license number, or credentials. CM's license is used solely for work for which CM is contractor of record under this Agreement. Owner represents that the information in Owner's intake — including who will perform the work and their licensure — is accurate, and shall promptly inform CM of any change.
9. Scope Review and Refund. CM will review the Permitted Scope within two business days of acceptance. If CM determines in good faith that it will not act as contractor of record for the Permitted Scope, CM shall notify Owner in writing, refund the Contract Price in full, and this Agreement terminates without further obligation of either party. CM's license documents are made available to Owner only after CM approves the Permitted Scope in writing.
10. Withdrawal. If Owner performs or permits unpermitted work, work by unlicensed persons where a license is required, or work outside the Permitted Scope, CM may withdraw as contractor of record and so notify the issuing authority. In that event, fees paid are earned to the extent of services rendered.
Section Five
Contract Acceptance
Owner accepts this agreement electronically by checking the acceptance box during checkout and completing payment. The acceptance timestamp, the version of this agreement, and the network address used are recorded with the order and constitute the Owner's signature. A representative accepting on behalf of an owner represents that the owner has authorized the representative to do so, and CM will send the owner a copy. Transparent Maintenance accepts upon approving the Permitted Scope under Section Four, paragraph 9.