Construction Contract

CONNECTICUT CONSTRUCTION SERVICES AGREEMENT

PROJECT-CLASSIFIED DRAFTING FORM

Do not sign until the classification and attachment gates are complete. This
form does not assume that the private-payment statute, Home Improvement Act,
New Home Construction Contractors Act, a public-work bond law, or any single
licensing regime applies to every Connecticut project.

1. PROJECT AND LAW PROFILE

2. PARTIES AND CONTRACT DOCUMENTS

This Agreement is made as of [__/__/____] between:

Owner: [LEGAL NAME, ENTITY, ADDRESS]

Contractor: [LEGAL NAME, ENTITY, ADDRESS]

Contractor agrees to perform the Work described in Exhibit A, and Owner agrees
to pay the Contract Price under Exhibit C, subject to this Agreement and the
completed Connecticut overlays.

The Contract Documents are:

• this Agreement;
• Exhibit A — scope, drawings, specifications, exclusions, and allowances;
• Exhibit B — schedule and milestone terms;
• Exhibit C — price, schedule of values, requisition, and payment terms;
• Exhibit D — change-order form and pending-change register;
• Exhibit E — insurance, bonds, and risk allocation;
• Exhibit F — registrations, permits, disclosures, and required notices;
• Exhibit G — lien, waiver, retainage, escrow, and closeout terms; and
• the following incorporated documents: [____________________________].

Order of precedence: [__________________________________________________].

3. CONNECTICUT CLASSIFICATION OVERLAYS

3.1 Home Improvement Act

☐ The Work is a covered home improvement under § 20-419.

☐ The Work is not covered for this documented reason: [________________].

For covered work, the Parties shall use Exhibit F to confirm the contractor and
salesperson registrations. The completed contract must be written, signed by
Owner and Contractor, contain the entire agreement and transaction date,
Contractor's name, address and registration number, the current cancellation
notice, starting and completion dates, and the required five-year related-
entity disclosure. A completed copy shall be delivered at execution. Changes
shall use the signed-writing route required by § 20-429 unless a current
regulation supplies an applicable exception.

Current chapter 740 cancellation form and delivery package attached: ☐

3.2 New Home Construction

☐ The transaction is a covered new-home contract under § 20-417a.

☐ It is not covered for this documented reason: [______________________].

Before a covered contract is signed, Contractor shall provide the current
certificate and statutory written disclosure required by § 20-417d. Contractor
shall not commence covered work until every applicable building or construction
permit has been obtained as required by § 20-417h.

Certificate, disclosure notice, consumer-reference material, and permit
record attached: ☐

3.3 Covered Private Payment and Retainage Cohort

The §§ 42-158i to -158n regime does not cover public work, a HUD-funded or
insured project, an owner-prime contract of $25,000 or less or a resulting
subcontract, or a building intended for residential occupancy with four or
fewer units.

☐ Covered. Sections 6.2 through 6.5 apply.

☐ Excluded. Reason and alternative payment law or agreed terms:
[____________________________________________________________]

4. SCOPE, SCHEDULE, AND PROJECT ADMINISTRATION

4.1 Scope

Contractor shall furnish only the labor, services, supervision, materials,
equipment, and deliverables stated in Exhibit A.

Owner-furnished items: [____________________________________________]

Excluded work: [___________________________________________________]

Allowances and unit prices: [______________________________________]

4.2 Time

Delay notice, proof, mitigation, schedule-update, time-extension, and cost
treatment: [____________________________________________________________].

No force-majeure or no-damages-for-delay term is selected unless completed in
Exhibit B after project-specific review.

4.3 Project Administration

Submittal, RFI, testing, inspection, meeting, daily-report, and recordkeeping
procedures: [____________________________________________________________].

5. CHANGES

No change to scope, price, schedule, material, system, or other contract term is
effective unless documented through the route selected here and any mandatory
home-improvement rule:

Each payment requisition for a covered § 42-158j contract shall include the
statutory status statement for pending change orders, other pending directives,
approved changes, initiation dates, costs, and completed work.

6. PRICE, PAYMENT, RETAINAGE, AND ESCROW

6.1 Contract Price

Pricing method: ☐ Stipulated sum ☐ Cost plus fee ☐ Guaranteed maximum price
☐ Unit price ☐ Time and materials ☐ Other: [________________]

Contract Price or calculation: $[_______________________________________]

Schedule of values and requisition form: Exhibit C.

6.2 Covered Payment Terms

When § 42-158j applies:

• Owner shall pay covered amounts due on a proper written request not later
  than thirty days after the request date;

• Contractor shall pay covered subcontractors and suppliers not later than
  twenty-five days after receiving the encompassing Owner payment; and

• Contractor shall place the corresponding downstream requirement in each
  covered subcontract.

Disputed, incomplete, defective, or otherwise withheld amounts shall be
identified by item, amount, factual basis, contract provision, and correction
required. Section 42-158j's notice, interest, escrow-demand, direct-action, and
bad-faith provisions remain available according to their terms and are not
replaced by this form.

6.3 Retainage Classification

“Retainage” in the covered statute is otherwise-payable progress money withheld
until substantial or final completion; a sum withheld for failure to comply
with plans and specifications is not statutory retainage.

☐ Covered statutory retainage. Percentage: [____]%, not exceeding five percent
of each estimated progress payment.

☐ Excluded project. Negotiated retainage and authority:
[____________________________________________________________]

6.4 Retainage Release

For a covered § 42-158k contract, Owner shall release all retainage not later
than thirty days after the certificate of final completion or equivalent
written acceptance. The Parties shall not substitute “substantial completion”
for the statutory trigger.

6.5 Retainage Escrow

☐ Section 42-158p applies. Before signing, Owner has supplied the escrow form
and provisions in Exhibit G. Owner shall establish the required Connecticut
account, provide monthly reporting, bear account fees and expenses, and comply
with statutory deposit and release duties.

☐ Section 42-158q excludes the project because: [_______________________].

6.6 Final Payment

Final-payment trigger, required closeout items, unresolved-claim reserve, and
payment date: [__________________________________________________________].

7. LIENS, WAIVERS, BONDS, AND DOWNSTREAM CLAIMS

7.1 Claimant-Tier and Notice Plan

Section 49-34 separately requires a qualifying lien certificate within ninety
days after the claimant ceases furnishing and owner service within thirty days
after lodging. This Agreement does not purport to extend, shorten, or waive
those statutory steps.

7.2 Waivers and Releases

No contract clause or periodic waiver may release a mechanic's-lien or
payment-bond claim for work, labor, services, or materials not yet performed
and paid for when § 42-158l applies.

Use only payment-coordinated, project-specific waiver language approved in
Exhibit G. A conditional waiver becomes effective only under its completed
condition; an unconditional waiver shall not be required before the matching
payment is received.

7.3 Bonds

No universal private-project bond threshold is stated. Complete the project
bond route:

☐ No bond required after review.

☐ Owner-required performance or payment bond under Exhibit E.

☐ Public-work, lender, statutory, or other bond under this authority and form:
[____________________________________________________________]

8. PERMITS, SAFETY, QUALITY, AND CLOSEOUT

Permit responsibility and fee allocation: [_____________________________]

Safety duties, controlling employer, site rules, and incident reporting:
[____________________________________________________________]

Quality standard, testing, correction, rejection, punch list, warranty, and
callback terms: [________________________________________________________]

Closeout deliverables may include only those selected in Exhibit A or C:

• ☐ certificates and inspections;
• ☐ as-built or record documents;
• ☐ warranties and manuals;
• ☐ lien and payment records;
• ☐ keys, training, spare parts, and commissioning records;
• ☐ occupancy or use approvals; and
• ☐ other: [__________________________________________________________].

9. INSURANCE, INDEMNITY, AND RISK ALLOCATION

Insurance type, limits, endorsements, additional-insured status, primary or
noncontributory treatment, waiver of subrogation, builder's risk, deductibles,
and evidence are selected only in Exhibit E.

Any indemnity must comply with § 52-572k. Contractor does not indemnify or hold
Owner or another promisee harmless for bodily injury or property damage caused
by or resulting from that promisee's negligence or the negligence of the
promisee's agents or employees.

This form includes no automatic Contract-Price liability cap, blanket lender
indemnity, or owner-negligence defense obligation.

10. DEFAULT, SUSPENSION, TERMINATION, AND REMEDIES

10.1 Default Matrix

10.2 Suspension and Termination

Owner suspension or termination for cause: [____________________________]

Contractor suspension or termination for cause: [_______________________]

Termination for convenience, if any: [_________________________________]

Demobilization, protection, transition, valuation, payment, and document
delivery: [____________________________________________________________]

10.3 Fees and Remedies

No prevailing-party fee rule is stated. A court may award costs and reasonable
attorney's fees in the specific enforcement actions identified by § 42-158r;
any broader contractual fee term must be completed here:
[____________________________________________________________]

Specific performance, injunctive relief, liquidated damages, consequential-
damages treatment, and other remedies apply only if completed after counsel's
project-specific review.

11. DISPUTE PROCESS

For work on a Connecticut construction site, no provision may require a dispute
to be mediated, arbitrated, or otherwise adjudicated in or under the law of
another state when § 42-158m applies.

☐ Connecticut court litigation in a court with jurisdiction and proper venue.

☐ Mediation under this completed rider: [_______________________________].

☐ Arbitration under this completed rider: [____________________________].

☐ Other: [____________________________________________________________].

Jury waiver: ☐ None ☐ Separate counsel-approved waiver attached.

12. GENERAL TERMS

12.1 Notices

Contract notices are effective under this agreed method and receipt rule:
[____________________________________________________________]

Statutory lien, payment, cancellation, claim, or court notices follow the
applicable current statute and procedure rather than this general clause.

12.2 Assignment and Subcontracting

Owner assignment: [_____________________________________________________]

Contractor assignment and delegation: [________________________________]

Subcontracting limits and flow-down terms: [____________________________]

12.3 Entire Agreement, Amendment, and Waiver

The completed Contract Documents state the Parties' agreement. Amendments and
waivers follow the signed-writing procedure selected here and any mandatory
home-improvement rule: [________________________________________________].

12.4 Severability, Counterparts, and Electronic Process

Severability or reformation term: [_____________________________________]

Counterpart and electronic-signature process: [________________________]

No purchase-order, portal, invoice, or click-through term changes this
Agreement unless the agreed amendment procedure makes it effective.

13. EXHIBIT AND COMPLIANCE REGISTER

14. SIGNATURES

OWNER

Legal name: [___________________________________________________________]

By: __________________________________ Date: [__/__/____]

Printed name and title: [______________________________________________]

CONTRACTOR

Legal name: [___________________________________________________________]

Connecticut registration or credential numbers: [______________________]

By: __________________________________ Date: [__/__/____]

Printed name and title: [______________________________________________]

COMPLETED COPY DELIVERY

For a covered home improvement contract, Contractor records delivery of the
completed executed copy and cancellation package:

Method: [________________] Date and time: [________________]

Owner acknowledgment: ______________________________