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Construction Retainer Agreement Template for United States

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Key Requirements PROMPT example:

Construction Retainer Agreement

"I need a Construction Retainer Agreement for my residential construction company in California that will provide ongoing renovation services to luxury homes, with specific provisions for emergency call-outs and a minimum monthly retainer of $10,000 starting March 2025."

Document background
The Construction Retainer Agreement serves as a foundational document for establishing long-term construction service relationships in the United States. This agreement is particularly useful when a client anticipates multiple construction projects or ongoing construction needs, as it streamlines the engagement process and sets clear expectations for both parties. The document typically includes provisions for payment terms, service scope, insurance requirements, and compliance with federal and state construction regulations. It's designed to protect both the contractor's interests in securing consistent work and the client's interests in maintaining reliable construction services.
Suggested Sections

1. Parties: Identification and details of the contractor and client

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of construction services to be provided

5. Retainer Terms: Amount, payment schedule, and conditions of the retainer

6. Term and Termination: Duration of agreement and termination conditions

7. Insurance Requirements: Required insurance coverage and limits

8. Governing Law: Applicable jurisdiction and legal framework

Optional Sections

1. Project-Specific Terms: Additional terms specific to particular projects when agreement covers multiple potential projects

2. Dispute Resolution: Specific procedures for handling disputes when standard court proceedings are not preferred

3. Intellectual Property: Rights to designs and other IP when design services are included

Suggested Schedules

1. Schedule A - Fee Schedule: Detailed breakdown of rates and fees

2. Schedule B - Insurance Certificates: Copies of required insurance documentation

3. Schedule C - Standard Terms and Conditions: Detailed terms and conditions of service

4. Schedule D - Service Level Agreement: Performance metrics and standards

5. Appendix 1 - Contractor Licenses: Copies of relevant licenses and certifications

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Davis-Bacon Act: Federal law that requires paying prevailing wages on federally funded construction projects

Contract Disputes Act: Federal legislation governing contract disputes on federal projects and establishing resolution procedures

Miller Act: Federal law requiring payment bonds for federal construction projects to protect subcontractors and suppliers

Fair Labor Standards Act: Federal law establishing minimum wage, overtime pay, and youth employment standards

OSHA Regulations: Occupational Safety and Health Administration standards for workplace safety in construction

State Contractor Licensing Laws: State-specific requirements for contractor licensing and certification

State Construction Lien Laws: State-specific regulations governing mechanics' liens and payment security

Building Codes: State and local requirements for construction standards and safety

AIA Standards: American Institute of Architects professional standards and contract templates

Uniform Commercial Code: Standardized state laws governing commercial transactions, including construction materials

Professional Liability Requirements: Insurance and liability standards for construction professionals

Prompt Payment Acts: State and federal laws governing timing of payments in construction projects

Environmental Regulations: EPA and state-specific environmental protection requirements for construction

Consumer Protection Laws: State-specific laws protecting consumers in construction contracts

Workers' Compensation Laws: State-specific requirements for workers' compensation insurance in construction

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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