North Dakota Residential Home Improvement Contract

North Dakota Residential Home Improvement Contract

Agreement date: [DATE] Project address: [STREET ADDRESS, CITY, ND ZIP]

1. Parties and project

Owner: [FULL LEGAL NAME] Mailing address: [ADDRESS] Phone/email: [CONTACT]

Contractor: [LEGAL NAME] Business address: [ADDRESS] Phone/email: [CONTACT]

Contractor license number, if applicable: [NUMBER AND CLASSIFICATION]

Owner engages Contractor to improve the dwelling at the project address. This agreement covers the work and materials identified below, its signed exhibits, and later written change orders. The parties will identify any separate design, financing, or insurance agreement here: [DETAILS OR NONE].

2. Work and materials

Detailed work, by room or exterior area: [DESCRIPTION]

Plans and specifications: [TITLE, DATE, VERSION, AND ATTACHMENT / NONE]

Materials, fixtures, brands, quantities, and acceptable substitutions: [SCHEDULE]

Excluded work: [LIST OR NONE] Owner supplied items: [LIST AND DELIVERY DATES OR NONE]

Contractor will furnish the agreed labor, materials, supervision, and cleanup. Contractor will perform the work in a workmanlike manner consistent with the signed specifications and applicable permits. A substitution affecting price, appearance, or function requires a signed change order.

3. Price and payment

Price method: ☐ Fixed price of $[AMOUNT] ☐ Time and materials at the attached rates, subject to a maximum of $[AMOUNT]

Taxes, allowances, and permit fees included in the price: [DETAILS]

Payee and payment method: [DETAILS]

Contractor will give Owner an itemized invoice with each payment request, credit prior payments, and identify any approved change orders. Owner may identify disputed charges or incomplete work in writing. The parties will record an agreed correction or payment adjustment; a disputed item does not change the agreed scope by itself.

4. Dates, access, and permits

Expected start: [DATE] Target completion: [DATE]

Site access, work hours, and protection of occupied areas: [DETAILS]

Permits and inspections, including who obtains and pays for each: [DETAILS]

Contractor will notify Owner promptly of a concealed condition or delay affecting scope, cost, or completion. Work needed to prevent immediate damage may proceed while the parties document the condition. Other extra work begins after both parties sign a change order stating the changed scope, price, and schedule.

5. Completion and warranty

Contractor will give Owner written notice when the work is ready for inspection. The parties will record remaining work on a dated punch list with agreed correction dates. Contractor will deliver available permit signoffs and product warranty documents at completion.

Contractor's express workmanship warranty, if offered: [COVERED WORK, TERM, CLAIM CONTACT, AND EXCLUSIONS / NONE OFFERED]

Manufacturer warranties to be passed to Owner: [LIST OR NONE]

The express warranty field records the promise the parties actually agree to. It does not enlarge or waive rights that applicable law otherwise gives either party.

For covered dwelling work, Contractor will complete and deliver the separate Completion Notice of Warranty Repair Procedure below when the improvement is complete. The notice is part of this agreement's closing paperwork. Delivery at signing alone does not replace delivery at completion.

6. Disputes and ending work

A party claiming that the other has failed to perform will send a written description to the notice address below and request a response within [NUMBER] days, subject to any applicable statutory process. For a warranty repair or breach of warranty action covered by N.D.C.C. § 43-07-26, the completion notice states the specific procedure. The parties may agree in writing to mediation; no party gives up a nonwaivable remedy by signing this agreement.

If work ends early, Contractor will provide an itemized account of authorized completed work, committed materials, and payments received. The parties will reconcile any balance under this agreement and applicable law.

Notice address for Owner: [POSTAL ADDRESS] Notice address for Contractor: [POSTAL ADDRESS]

Other project communication method: [EMAIL OR OTHER METHOD]

North Dakota law governs this agreement. A change to this agreement must be in a writing signed by both parties. This agreement, its listed exhibits, and signed change orders contain the parties' agreement for this project.

7. Signatures

Attached documents: ☐ Scope and materials schedule ☐ Plans ☐ Rate schedule ☐ Insurance certificate ☐ Other [IDENTIFY]

Owner signature: [SIGNATURE] Date: [DATE]

Contractor authorized signature and title: [SIGNATURE AND TITLE] Date: [DATE]

Each party receives a signed copy on [DATE] by [DELIVERY METHOD].

Completion Notice of Warranty Repair Procedure

Deliver this completed notice when the improvement is complete. Use this notice for construction of a one or two family dwelling, or an improvement worth more than $2,000 to a dwelling, when N.D.C.C. § 43-07-26 applies.

Project address: [ADDRESS] Improvement completed on: [DATE]

Contractor's name and mailing address for warranty notices: [NAME AND ADDRESS]

If Owner discovers a defect and seeks a warranty repair, Owner must mail Contractor written notice describing the defect within six months after learning of it, before undertaking a nonemergency repair or starting an action for breach of warranty. The notice must give Contractor a reasonable time to respond. After receipt, Contractor must inspect and respond within a reasonable time and, when appropriate, remedy the defect within a reasonable time after that. The statute defines reasonable time as within 30 business days after the notice is mailed, or a shorter period appropriate to the circumstances. Emergency repairs are excepted from the requirement to give notice before repair. This notice describes the statutory procedure; it does not create a warranty that the parties did not agree to.

Owner's description of any already identified open items: [LIST OR NONE]

Contractor delivered this notice at completion on: [DATE] by: [METHOD]

Owner receipt: [SIGNATURE OR DELIVERY RECORD] Date: [DATE]

Contractor signature and title: [SIGNATURE AND TITLE] Date: [DATE]

Source

• North Dakota Century Code § 43-07-26, current official contractor chapter