Participation in construction agreement

PARTICIPATION IN CONSTRUCTION AGREEMENT

This Participation in Construction Agreement (the “Agreement”) is made and entered into as of [Date] by and between PARTICIPANT NAME and CONTRACTOR NAME.

RECITALS:

WHEREAS, Contractor has entered into a contract (the “Construction Contract”) with OWNER NAME for the construction of a building (the “Project”);

WHEREAS, Contractor desires to engage Participant to perform certain services in connection with the construction of the Project; and

WHEREAS, Participant desires to perform such services, as set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Participant and Contractor agree as follows:

Scope of Services.
Participant shall perform the following services in connection with the construction of the Project (the “Services”):

[DESCRIPTION OF SERVICES]

Time for Performance.
Participant shall commence the Services on [START DATE] and shall complete the Services on or before [END DATE], subject to extension as may be approved in writing by Contractor.

Compensation.
Contractor shall pay Participant the sum of [AMOUNT] for the Services, payable as follows: [PAYMENT SCHEDULE]. Participant shall not be entitled to any other compensation or reimbursement from Contractor.

Independent Contractor.
Participant is an independent contractor and not an employee, agent, joint venturer, or partner of Contractor. Participant shall not be entitled to any benefits or privileges afforded to Contractor’s employees.

Indemnification.
Participant shall indemnify and hold harmless Contractor, Owner, and their respective officers, directors, employees, agents, and affiliates from any and all claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or in connection with Participant’s performance of the Services.

Termination.
Either party may terminate this Agreement at any time upon written notice to the other party. Upon termination, Participant shall immediately cease performing the Services and Contractor shall pay Participant for all Services performed prior to the date of termination.

Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the [STATE/PROVINCE] without regard to its conflict of laws principles.

Entire Agreement.
This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, relating to the subject matter of this Agreement.

Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[PARTICIPANT NAME]

By: _________________

Name: _______________

Title: ________________

[CONTRACTOR NAME]

By: _________________

Name: _______________

Title: ________________