Roofing Contract Template
A roofing contract is a type of service contract entered into between a contractor and client. It is a legal document generally used between general contractors and subcontractors. Roofers are commonly hired by general contractors to complete a residential roofing contract or commercial roofing contract.
What is in this Roofing Contract Template?
- A convenient word format sample roofing contract
- A few practice pointers for roofers and independent contractors.
- How ApproveMe’s WPESignature tool secures legally binding electronic signatures
When do I need a Roofing Contract?
A roofing contractor is needed if you intend to hire a service provider or contractor for the following:
- New roof or roof replacement
- Roof repair
It is important for a residential homeowner to obtain a formal written contract when hiring a roofing company or an independent roofing contractor. Every detail of the agreement, including work orders, roofing materials (shingles), roofing estimates, roofing proposals, should be in the final roofing contract.
A roofing contract not only protects all parties subject to the agreement, but it also spells out each party’s obligations and responsibilities as it relates to the construction project.
What Should be in a Roofing Contract?
As with any service agreement, it should be as thorough as possible. It should include all three basic contract elements: offer, acceptance, and consideration. If specific details of the roofing project are left out, it may not be an enforceable part of the agreement.
If the client or roofer decides to upgrade or make changes to the original agreement during the duration of the contract, a contract amendment, addendum, or new contract may be required.
Learn more about Contract Amendments here!
A roofing contract typically contains the following:
- The Parties – The parties to a roofing contract can be between a roofing company and a client or between a freelance roofer and a client. All parties and their contact information should be included in the contract.
- Roofing Services – The roofer should detail all roofing services they agree to provide. This is usually attached to the roofing contract as an exhibit or annex. This allows the roofer and client adequate space to detail the scope of work.
- Expenses and Materials – Another unique element to a roofing contractor is the designation of which party is responsible for what expenses. This is also usually attached to the roofing contract as an exhibit or annex.
- Compensation – The payment structure will vary project to project. However, the total cost for services, any deposits, and other payments due upon completion should be detailed in the roofing contract.
Common Mistakes in Roofing Contracts
All agreements should be memorialized within the “four corners of the contract.” Every single detail, such as costs for services, materials, and other related work, should be written in the roofing contract. An experienced attorney can help you draft and review a roofing contract. An attorney is familiar with your state’s laws and is a great, essential resource when drafting contracts.
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Efficient Software for your Roofing Company
Whether you are a seasoned roofer or just starting out, it is important to explore roofing software to help organize your jobs, quotes, and other contractor needs. Here are a few helpful tools to consider:
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THIS ROOFING CONTRACT (“Agreement”) is being made between ________________________ ( the “Client”) with an address of _______________________________________________________________________________ and the Roofing Contractor ________________________________ (the “Contractor”) with an address of ____________________________________________________________________________________________ on this _____ day of ______, 20___.
IN CONSIDERATION OF the Contractor performing the services and the Client paying for such services described herein, the Parties agree to the following:
Beginning on __________________, 20____, the Contractor agrees to perform the roofing services described on Annex “A” attached hereto (hereinafter referred to as the “Services”).
The Contractor shall provide shall furnish the materials and equipment described on Annex “B” attached hereto.
No alterations shall be made to the Roofing Services described in the plans and specifications, except upon the written order of the Contractor or the Client. The Client may, at any time, by written order, make changes in the plans and specifications, which changes shall be evidenced by “change orders” signed by the Client and accepted by the Contractor.
The Roofing Services shall be performed at the following address(es): ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
The Client agrees to pay the Contractor _________________ for the Services performed under this Agreement.
|Total Cost of Services|
|Amount Due on Signing|
|Amount Due on Competition|
|Additional Costs (if applicable)|
Final payment for the Services performed under this Agreement shall be made within _______ days of competition.
Payments must be made to the Contractor by credit card, money order, check, or any other approved method of payment accepted by the Contractor. Payments must be mailed to: _____________________________________________________________________________________________
The Contractor shall complete the services by ________ [a.m./p.m.] on or before ___________, ____20___. Time shall be of the essence in the Contractor’s performance of this Agreement.
This Agreement shall automatically terminate when the Services are completed as defined in this Agreement and all payments have been received pursuant to this Agreement.
If either Party fails to fulfill their obligations under this Agreement, including, but not limited to, unperformed or incomplete services, non-payment for completed services, abandonment of the project, the non-breaching Party may terminate the Agreement for the breach. The non-breaching Party must provide the breaching Party of their intent to terminate said Agreement and provide the breaching Party fourteen (14) days to cure the breach. If the breaching Party fails to correct such breach within fourteen (14) days of written notice, the non-breaching Party may proceed to legal remedies as defined in this Agreement.
In the event that the Contractor shall correct the situation which has caused the notice of termination to be given by the Client as above provided for, within the period of fourteen (14) days from the date of receipt of such notice, the cause of termination shall be deemed waived, and this Agreement shall continue in effect in the same manner as though such cause of termination had not existed, the Client, however, reserving its right to damages for breach of any provision of this Agreement.
The Contractor hereby warrants the Services shall be free from any defects due to faulty materials or workmanship or any violation of this Agreement for _______ year(s) from the date of substantial completion.
The Contractor shall perform the Services in compliance with the terms and conditions of the Contract.
PROPERTY RIGHTS AND CONFIDENTIALITY.
Throughout the duration of this Agreement, it may be necessary for the Contractor to have access to the Client’s confidential and protected information for the sole purpose of performing the Services subject to this Agreement.
The Contractor is not permitted to share or disclose such confidential information whatsoever, unless mandated by law, without written permission from the Client. The Contractor’s obligation of confidentiality will survive the termination of this Roofing Contract and stay in place indefinitely.
Upon the termination of this Roofing Contract, the Contractor agrees to return to the Client any and all Confidential Information that is the property of the Client.
ACCESS. The Client shall provide the Contractor with necessary access to the Property, and to all areas of the Property scheduled to be cleaned as defined under Scope of Service, at the scheduled time. Failure to do so allows the Contractor to deem the failure as a material breach.
INDEMNITY, RELEASE & INSURANCE.
The Contractor agrees to take all necessary precautions to prevent injury to any persons or damage to property during the term of this Agreement, and shall indemnify, defend and hold harmless the Contractor, its officers, directors, shareholders, employees, representatives and/or agents from any claim, liability, loss, cost, damage, judgment, settlement or expense (including attorney’s fees) resulting from or arising in any way out of injury (including death) to any person or damage to property arising in any way out of any act, error, omission or negligence on the part of the Contractor or any of the Contractor’s employees in the performance or failure to fulfill any Services or obligations under this Agreement.
The Contractor shall at all times maintain at least the required minimum coverage for insurance for such public liability, property damage, general commercial liability, automotive liability, and workers’ compensation or employer’s liability insurance as will protect the Contractor from any and all of the foregoing risks and from any and all claims under such workers’ compensation laws.
The Contractor shall procure all permits necessary for carrying out the Services and shall comply with all regulations, directives, ordinances, and laws relating to the Services or the conduct thereof.
The Parties subject to this Agreement understand and acknowledge that this Agreement is not exclusive. Each Party respectively agrees that they are free to enter into other similar Agreements with other parties.
SUBCONTRACTORS. Except otherwise stipulated, the Contractor may, at their discretion, retain a third-party subcontractor to perform some of all of the roofing services of the Roofing Contractor under this Roofing Contract and the Client agrees not to retain or employ any outside parties to help with the Roofing Services.
ASSIGNMENT AND SUBCONTRACTS.
The Parties to this Agreement shall not assign responsibilities they have agreed to under this Agreement to any other party or individual, except with the written consent and approval of both Parties.
Parties to this Agreement shall first attempt to settle any dispute through good-faith negotiation. If the dispute cannot be settled between the parties via negotiation, either party may initiate mediation or binding arbitration in the State of ________________.
If the parties do not wish to mediate or arbitrate the dispute and litigation is necessary, this Agreement will be interpreted based on the laws of the State of _________________, without regard to the conflict of law provisions of such state. The Parties agree the dispute will be resolved in a court of competent jurisdiction in the State of ______________________.
LEGAL FEES. Should a dispute between the named Parties arise lead to legal action, the prevailing Party shall be entitled to any reasonable legal fees, including, but not limited to attorneys’ fees.
This Roofing Contract shall be governed in all respects by the laws of the State of___________________ without regard to the conflict of law provisions of such state. This Agreement shall be binding upon the successors and assigns of the respective parties.
The Contractor and any of its employees or agents shall not be in breach of this Roofing Contract for any delay or failure in performance caused by reasons out of its reasonable control. This includes, but is not limited to, acts of God or a public enemy; natural calamities; pandemics, failure of a third party to perform; changes in the laws or regulations; actions of any civil, military or regulatory authority; power outage or other disruptions of communication methods or any other cause which would be out of the reasonable control of the Contractor.
All notices or requests required or contemplated by this Agreement must be sent via email with a read receipt, or by U.S. Certified Mail with a return receipt. Notices must be sent to:
The Contractor and any of its employees or agents shall not be in breach of this Roofing Contract for any delay or failure in performance caused by reasons out of its reasonable control. This includes, but is not limited to, acts of God or a public enemy; natural calamities; failure of a third party to perform; changes in the laws or regulations; actions of any civil, military or regulatory authority; pandemics; power outage or other disruptions of communication methods or any other cause which would be out of the reasonable control of the Service Provider.
If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile. email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.
This Agreement and related documents entered into in connection with this Agreement are signed when a Party’s signature is delivered electronically, and these signatures must be treated in all respects as having the same force and effect as original signatures.
CAPTIONS FOR CONVENIENCE.
All captions herein are for convenience or reference only and do not constitute part of this Agreement and shall not be deemed to limit or otherwise affect any of the provisions hereof.
No waiver by any Party of any of the provisions hereof shall be effective unless explicitly set out in writing and signed by the Party so waiving. No waiver by any Party shall operate or be construed as a waiver in respect of any failure, breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
This Agreement constitutes the sole and entire agreement of the Parties regarding the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each Party hereto.
This Agreement cannot be changed, modified, terminated, canceled, rescinded, or in any other way altered or negated unless the same is in writing and signed by the Party against whom enforcement of the change, modification, discharge, termination, cancellation, or rescission is sought.
It is agreed that all understandings and agreements heretofore had between the Parties are merged in this Agreement, which alone fully and completely expresses their understanding, and this Agreement has been entered into after full investigation and consideration, neither party relying upon any statement or representation, not embodied in this Agreement, which may be claimed to have been made by any of the parties hereto.
IN WITNESS WHEREOF, the Client and the Contractor have executed this Agreement the day and year first above written.
Contractor’s Printed Name
Client’s Printed Name
Contractor’s Contact Information:
Phone Number (s):_________________________
Fax Number: _________________________
Client’s Contact Information:
Phone Number (s):_________________________
Fax Number: _________________________
ROOFING SERVICES SPECIFICATION SHEET
|The Contractor agrees to provide the following Roofing Services:
Contractor’s Initials _________
Client’s Initials _________
MATERIALS SPECIFICATION SHEET
|The Contractor agrees to provide the following materials and equipment:
The Client agrees to provide the following materials and equipment:
The Contractor is entitled to reimbursement of the following expenses incurred while performing such Roofing Service(s):
*The Contractor agrees that any expense not listed must be pre-approved by the Client. The Contractor agrees to provide any receipts of any other related document to such expenses.
Contractor’s Initials _________
Client’s Initials ______
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