General Contractor Retainer Agreement Template for United States

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Key Requirements PROMPT example:

General Contractor Retainer Agreement

"I need a General Contractor Retainer Agreement for my commercial property development company that includes provisions for multiple renovation projects across three office buildings in California, with a minimum monthly retainer of $20,000 and the agreement to start January 2025."

Document background
The General Contractor 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 maintenance needs. It streamlines the engagement process by pre-establishing key terms, rates, and conditions, eliminating the need to negotiate separate contracts for each project. The document addresses federal and state compliance requirements, insurance obligations, payment terms, and service scope while providing flexibility for project-specific addenda.
Suggested Sections

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

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 contractor's duties and responsibilities

5. Payment Terms: Retainer amount, payment schedule, and billing procedures

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

7. Insurance Requirements: Required insurance coverage and minimum limits

8. Representations and Warranties: Statements of fact and promises made by both parties

9. Compliance with Laws: Obligation to comply with applicable federal, state, and local laws

10. Indemnification: Terms regarding liability and protection between parties

11. Dispute Resolution: Procedures for handling disputes between parties

12. General Provisions: Miscellaneous legal provisions including notices, amendments, and governing law

Optional Sections

1. Project-Specific Terms: Additional terms specific to particular projects or specialized services

2. Exclusivity Provisions: Terms regarding exclusive service arrangements and non-compete provisions

3. Subcontractor Terms: Rules and conditions governing the use of subcontractors

4. Equipment and Materials: Provisions regarding ownership and maintenance of equipment and materials

5. Force Majeure: Terms addressing unforeseeable circumstances preventing contract fulfillment

Suggested Schedules

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

2. Schedule B - Insurance Certificates: Copies of required insurance policies and coverage details

3. Schedule C - Contractor Licenses: Copies of relevant licenses, certifications, and permits

4. Schedule D - Standard Operating Procedures: Detailed procedures for service delivery and project execution

5. Appendix 1 - Project Templates: Standard forms and templates for project documentation and reporting

Authors

Alex Denne

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

Industries

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

Fair Labor Standards Act (FLSA): Federal law governing minimum wage, overtime pay, recordkeeping, and child labor standards

Occupational Safety and Health Act (OSHA): Federal law establishing workplace safety and health standards in construction

Americans with Disabilities Act (ADA): Federal law requiring accessible design and construction standards

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

Construction Lien Laws: State-specific mechanics' and materialmen's lien rights and procedures

Insurance Regulations: Requirements for Workers' Compensation, General Liability, and Professional Liability insurance coverage

Building Codes: State and local construction standards and permit requirements

Statute of Frauds: Legal requirement that certain contracts must be in writing to be enforceable

Prompt Payment Acts: Federal and state laws governing timing of payments in construction projects

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

Independent Contractor Regulations: Federal and state laws governing classification of workers as employees vs. independent contractors

Environmental Regulations: Federal and state environmental protection requirements affecting construction

Zoning Laws: Local regulations governing land use and construction parameters

Warranty Requirements: State-specific laws governing construction warranties and workmanship guarantees

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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