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New Construction Agreement Template for United States

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Key Requirements PROMPT example:

New Construction Agreement

"I need a New Construction Agreement for a 50-unit residential development project in California, with specific provisions for sustainable building practices and a completion deadline of September 2025."

Document background
The New Construction Agreement is essential for any new building or infrastructure project in the United States. It protects the interests of both the property owner and contractor by clearly defining project specifications, financial terms, timelines, and legal obligations. This document is particularly crucial as it incorporates various regulatory requirements at federal, state, and local levels, including building codes, safety standards, and environmental regulations. The agreement typically includes detailed specifications, construction drawings, payment schedules, and insurance requirements, serving as the foundational document for project execution and risk management.
Suggested Sections

1. Parties: Identification of the owner and contractor, including legal names and addresses

2. Background: Context of the construction project and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Scope of Work: Detailed description of the construction work to be performed

5. Contract Sum: Total amount to be paid and payment terms

6. Project Timeline: Start date, completion date, and major milestones

7. Changes and Change Orders: Process for requesting and approving changes to the work

8. Insurance and Bonds: Required insurance coverage and bonding requirements

9. Termination: Conditions and procedures for contract termination

Optional Sections

1. Liquidated Damages: Penalties for delay or non-performance in larger projects with critical completion dates

2. Dispute Resolution: Mediation and arbitration procedures for complex projects or when required by jurisdiction

3. Environmental Compliance: Specific environmental requirements and responsibilities for projects with significant environmental impact

Suggested Schedules

1. Schedule A - Construction Drawings: Detailed architectural and engineering drawings

2. Schedule B - Specifications: Technical specifications for materials and workmanship

3. Schedule C - Payment Schedule: Detailed breakdown of payment milestones

4. Schedule D - Project Timeline: Detailed project schedule with milestones

5. Schedule E - Insurance Requirements: Detailed insurance specifications and requirements

6. Schedule F - Permits and Approvals: List of required permits and responsible parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Americans with Disabilities Act (ADA): Federal legislation requiring construction projects to meet specific accessibility standards for individuals with disabilities

Occupational Safety and Health Act (OSHA): Federal regulations governing workplace safety and health standards in construction projects

Fair Housing Act: Federal law prohibiting discrimination in residential construction and housing-related transactions

Davis-Bacon Act: Federal law requiring payment of prevailing wages on federally funded construction projects

Contract Disputes Act: Federal legislation governing resolution of contract disputes involving federal construction projects

Miller Act: Federal law requiring performance and payment bonds for federal construction projects

EPA Regulations: Environmental Protection Agency rules governing environmental impact and compliance in construction

National Labor Relations Act: Federal law governing labor relations and collective bargaining in construction industry

State Building Codes: State-specific regulations defining minimum standards for building construction and safety

State Contractor Licensing Laws: State-level requirements for contractor qualification and licensing

Construction Lien Laws: State-specific laws governing mechanics liens and payment security in construction projects

State Workers' Compensation Laws: State regulations for worker injury compensation and insurance requirements

State Environmental Regulations: State-specific environmental protection requirements for construction projects

State Labor Laws: State-specific regulations governing employment, wages, and working conditions

Municipal Building Codes: Local government requirements for building standards and construction practices

Zoning Laws: Local regulations governing land use and building type restrictions

Local Permit Requirements: Municipal requirements for construction permits and approvals

AIA Guidelines: American Institute of Architects standard forms and practices for construction contracts

International Building Code (IBC): Standardized building code providing minimum standards for building safety

ASTM Standards: Technical standards for materials and testing in construction

NFPA Standards: National Fire Protection Association safety standards for fire prevention and electrical systems

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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