A time and materials contract is an agreement between a contractor and a client in construction when the project’s scope hasn’t been fully determined. This can make setting a fixed price or timeline difficult, so use this time and materials contract template for situations where you need more flexibility.
This time and materials contract (hereinafter referred to as the "Contract") is entered into and shall be effective this [Document.CreatedDate] ("Effective Date") by and between [Client.FirstName] [Client.LastName] ("Client") residing at [Client.StreetAddress] , [Client.City] , [Client.State] [Client.PostalCode] and [Sender.FirstName] [Sender.LastName] ("Contractor") with principal office at [Sender.StreetAddress] , [Sender.City] , [Sender.State] [Sender.PostalCode] .
The Client and Contractor are collectively referred to as the "Parties" and individually as "Party" throughout this Contract.
The Parties agree that the Contractor will complete the project described as: ______________________________________________________________________("Project"), and furnish all materials, supplies, services, labor, tools, transportation, equipment, and parts for said work in accordance with this Contract. (Include a clear, detailed description of what the project entails.)
The Contractor, in the fulfillment of this Contract, shall act in the capacity of an independent contractor and not as an agent, employee, or partner, of the Client.
The Contractor agrees to provide the time and materials required to complete the Project as defined in this Contract:
(describe the scope of the project)
(total number of labor hours) hours
(comprehensively describe materials to be provided)
There are typically a lot of variables from a time and materials contract to another one, so you’ll need to make it your own when it comes to the duties and details of the project, the term, payments, etc.
Subcontractors. Any subcontractor used by the Contractor in connection with the Contractor's work under this Contract shall be limited to individuals or firms that are specifically identified by the Contractor and agreed to by the Client. The Contractor shall obtain the Client's written consent before making any changes with regard to the previously approved subcontractors.
This Contract shall be effective as of the Effective Date herein and shall continue until Project completion or for (period of time) unless terminated early or an extension is mutually agreed upon between the Parties with written consent. The Contractor shall execute the Project in accordance with a detailed schedule mutually agreed upon by the Parties.
(Layout a schedule for the project with key milestones to be hit along the way)
4.1 Quality of Materials. The Contractor shall inspect all materials used for the Project to ensure they are of acceptable quality. If a quality issue occurs as a result of improper or lack of inspection, the Contractor will be responsible for any damages that occur and the expense of replacing said materials with appropriate substitutes.
4.2 Delivery of materials. The Contract may deliver materials in installments if the Parties agree to do so in the Contract, in which case materials should be invoiced and paid for separately. The Contract shall provide that each material delivery is accompanied by a delivery note showing the quantity and type of materials included.
This Contract shall begin on the day specified and shall continue until the Project is completed or upon the set due date. Any delays incurred by the Contractor that are found to be unreasonable shall be determined a breach of this Contract. The Company shall impose a fine of up to $(number) for such a delay.