Terms and Conditions
Scope of Work: All work will be performed as outlined in the signed contract. Any changes or additions to the scope of work will require a written change order signed by both parties.
Termination:
Termination for Convenience
Either party may terminate the contract for convenience with a [30-day] written notice. Upon termination for convenience, the following conditions apply:
· The terminating party will compensate the other party for work completed up to the termination date.
· Any reasonable costs incurred as a result of the termination will be reimbursed.
Termination for Cause
By NexGen Construction: NexGen Construction may terminate the contract for cause if the client fails to meet their contractual obligations, including but not limited to non-payment or interference with the work. The following conditions apply:
· NexGen Construction will provide a [7-day] written notice to the client specifying the breach and allowing an opportunity to cure the breach.
· If the breach is not cured within the specified period, NexGen Construction may terminate the contract and will be entitled to payment for work completed and any additional costs incurred due to the breach.
By the Client: The client may terminate the contract for cause if NexGen Construction fails to perform work according to the contract specifications or breaches any significant terms of the contract. The following conditions apply:
· The client will provide a [7-day] written notice to NexGen Construction specifying the breach and allowing an opportunity to cure the breach.
· If the breach is not cured within the specified period, the client may terminate the contract and withhold payment for incomplete or defective work. The client may also seek compensation for any additional costs incurred due to the breach.
Notice Period
· All notices of termination must be provided in writing and delivered via certified mail, or email with receipt confirmation.
Documentation and Record Keeping
· Both parties are required to maintain proper documentation of all communications, work progress, and financial transactions related to the project. This documentation will support any claims related to termination.
Dispute Resolution:
Negotiation
In the event of a dispute, both parties agree to first attempt to resolve the issue through direct negotiation. Either party may initiate negotiations by providing written notice to the other party outlining the nature of the dispute. The parties will have [30 days] from the date of the notice to negotiate and resolve the dispute.
Mediation
If negotiation fails to resolve the dispute, the parties agree to attempt resolution through mediation. Mediation will be conducted by a neutral third-party mediator selected by mutual agreement or through a recognized mediation service.
· Mediation Process: The mediator will facilitate discussions between the parties to help reach a mutually acceptable resolution. The mediator’s recommendations are non-binding unless both parties agree to the terms.
· Costs: The costs of mediation will be shared equally by both parties.
Arbitration
If mediation does not result in a resolution, the parties agree to submit the dispute to binding arbitration, except in cases where non-binding arbitration is preferred.
· Arbitration Process: Arbitration will be conducted in accordance with the rules of the [American Arbitration Association (AAA) or other specified arbitration service]. The arbitrator’s decision will be final and enforceable in a court of law.
· Arbitrator Selection: Arbitrators will be selected by mutual agreement or through the arbitration service.
· Confidentiality: All arbitration proceedings and decisions will be private and confidential.
Litigation
If the dispute cannot be resolved through negotiation, mediation, or arbitration, either party may pursue litigation as a last resort.
· Jurisdiction and Venue: Any legal proceedings will be conducted in the courts of Los Angeles County, and the parties agree to the exclusive jurisdiction and venue of these courts.
· Attorney’s Fees: The prevailing party in any litigation may be entitled to recover reasonable attorney’s fees and costs from the other party.
Documentation and Record Keeping
Both parties are required to maintain detailed records of all communications, negotiations, and proceedings related to the dispute. Proper documentation will support the resolution process and any potential claims.
