Construction Contract

DISTRICT OF COLUMBIA CONSTRUCTION PROJECT-CLASSIFICATION AND DEAL-POINT PACKET

Do not sign this packet as a construction contract. It records facts, sources, decisions, and open issues for a separately drafted agreement.

TABLE OF CONTENTS

I. Matter Header
II. Project Classification
III. Scope, Price, Payment, and Schedule Decisions
IV. Party and Licensing Diligence
V. Responsibility and Compliance Matrix
VI. Default, Suspension, Termination, and Remedy Decisions
VII. Insurance, Risk, Lien, Waiver, and Bond Decisions
VIII. Dispute-Term Decisions
IX. General-Provision Decisions
X. Drafting Sign-Off

I. MATTER HEADER

• Owner or client legal name, entity type, formation, address, contacts, and signing authority: [DETAILS]
• Contractor legal name, entity type, formation, address, contacts, and proposed signatory: [DETAILS]
• Architect, engineer, construction manager, developer, lender, surety, tenant, property manager, and other stakeholders: [DETAILS]
• Project name and District address, square, lot, parcel, ownership, occupancy, and property type: [DETAILS]
• Packet opened by / date / target separate-agreement date: [NAME / DATE / DATE]
• Existing proposal, plans, specifications, permits, procurement, financing, insurance, bond, prime contract, lease, or other project document: [DETAILS / VERSION]

II. PROJECT CLASSIFICATION

Counsel must classify the project before selecting any contract, payment, lien, waiver, bond, consumer, procurement, or dispute term.

No classification or legal consequence is supplied by this packet.

III. SCOPE, PRICE, PAYMENT, AND SCHEDULE DECISIONS

A. Scope and Contract Documents

B. Price and Payment

No payment deadline, retainage schedule, waiver form, interest rate, or final-payment condition is supplied by this packet.

C. Schedule and Delay

• Notice to proceed, commencement, interim milestones, substantial-completion definition/date, final-completion definition/date: [DETAILS]
• Schedule updates, float, sequencing, acceleration, owner delay, contractor delay, concurrent delay, weather, emergency, and force-majeure treatment: [DETAILS]
• Notice, documentation, mitigation, extension, cost, and waiver process: [DETAILS]
• Liquidated damages, if considered: [AMOUNT / MEASURE / EVIDENCE / EXCLUSIONS / COUNSEL REVIEW]

D. Change Management

Authorized requesters, proposal content, pricing, schedule effect, written authorization, emergency direction, disputed work, construction-change directive, and recordkeeping: [DETAILS]. No change-order form or signature rule is supplied here.

IV. PARTY AND LICENSING DILIGENCE

Proposed workmanship, design, material, callback, manufacturer, pass-through, correction, and warranty terms and durations: [DETAILS]. No licensing conclusion, standard of care, warranty, or survival period is supplied by this packet.

V. RESPONSIBILITY AND COMPLIANCE MATRIX

VI. DEFAULT, SUSPENSION, TERMINATION, AND REMEDY DECISIONS

No default, cure period, fee shifting, step-in right, exclusive remedy, suspension, termination, acceleration, setoff, or damages rule is supplied by this packet.

VII. INSURANCE, RISK, LIEN, WAIVER, AND BOND DECISIONS

A. Insurance and Security

B. Indemnity, Defense, Waiver, and Liability Allocation

No indemnity, duty to defend, waiver, damages exclusion, liability cap, no-bond relief, or insurance minimum is supplied by this packet.

C. Lien, Lower-Tier Payment, Waiver, and Release Control

No notice period, filing period, action period, waiver form, discharge deadline, setoff, or bond route is supplied by this packet. Any waiver or release must be coordinated with the actual claimant, payment status, current law, and separate form.

D. Disruption and Force-Majeure Decisions

Covered and excluded events, causation, foreseeability, notice, proof, mitigation, schedule relief, cost relief, termination, insurance, and resumption: [DETAILS]. No event list or notice period is supplied here.

VIII. DISPUTE-TERM DECISIONS

No forum, arbitration, jury, injunction, bond, fee, cost, interest, deadline, continued-performance, or remedy term is supplied by this packet.

IX. GENERAL-PROVISION DECISIONS

No legal status, notice rule, signature validity, original-document rule, assignment effect, beneficiary right, or enforceability conclusion is supplied by this packet.

X. DRAFTING SIGN-OFF — NOT CONTRACT EXECUTION

EXHIBITS

Exhibit A – Scope and Contract-Document Matrix
Exhibit B – Project Schedule and Delay Matrix
Exhibit C – Price, Payment, Retainage, and Closeout Matrix
Exhibit D – Licensing, Insurance, Bond, and Compliance Evidence
Exhibit E – Claimant-Tier, Lien, Waiver, Release, and Lower-Tier Payment Matrix