NAHB Contracts

101: Fixed Fee Contract — Owner’s Lot
Use this contract for the construction of a single-family residence for a specific customer at a predetermined price on the owner’s lot — parties are the owner and the contractor — to be supplemented with contract exhibits a-e.
Length: 11 pages

102: Cost Plus Contract — Owner’s Lot
Use this contract for a custom built single-family residence on the owner’s lot at a price determined by the cost of construction plus profit — parties are the owner and the contractor — to be supplemented with contract exhibits a-e.
Length: 10 pages

103: Fixed Fee Contract — Contractor’s Lot
Use this contract for the construction of a custom built single-family residence at a predetermined price on the contractor’s lot — parties are the owner and the contractor — to be supplemented with contract exhibits a-e.
Length: 10 pages

105: Design Services Contract
Use this contract for pre-construction design services with options if parties sign a construction agreement — parties are the owner and the design build contractor — CAUTION — architectural licensing statutes in certain states may limit or prohibit certain unlicensed design services and practices. Obtain a local legal opinion before using this contract. CAUTION — Architectural licensing statutes in some states may limit or prohibit certain unlicensed design services and practices, to include preparation of plans and designs for certain structures and the representation that design services are being provided. Before using this document it is recommended that a local attorney be consulted as to the appropriateness of its use in your specific location.
Length: 6 pages

106: Green Building Addendum
Use this contract for the construction of a single-family residence for a specific customer at a predetermined price on the owner’s lot — parties are the owner and the contractor — to be supplemented with contract exhibits a-e.
Length: 11 pages

107: Construction Management Agreement
Use this contract when the customer is to serve as the project’s general contractor with consultation services to be provided by an experienced contractor — parties are the owner and the contractor.
Length: 7 pages

201: Sale of Spec House with Builder’s Warranty
Use this contract for the conveyance of a home built by the builder and then offered for sale — parties are the purchaser and the builder — to be supplemented with warranty agreement.
Length: 6 pages

202: Sale of Spec House — No Warranty — As Is
Use this contract for the conveyance of a home built by the builder and then offered for sale — as is — without warranty — parties are the purchaser and the builder.
Length: 6 pages

301: Plans and Specifications — Exhibit “A”
Use this form to list specified fixtures, materials and components to be used in construction — an addendum to the construction contract.
Length: 4 pages

302: Selection Allowance Worksheet — Fixed Fee — Exhibit “B”
Use this form to list categorized selections of optional fixtures, materials and components selected by the customer within a maximum total price allowance — an addendum to a fixed fee construction contract.
Length: 1 page

303: Selection Allowance Worksheet — Cost-Plus — Exhibit “B”
Use this form to list categorized selections of optional fixtures, materials and components selected by the customer — an addendum to a cost-plus construction contract.
Length: 2 pages

304: Change Order — Fixed Fee — Exhibit “C”
Use this form to list changes to the fixed fee contract specifications and scope of work, with price changes and time of completion changes noted and agreed to by the customer.
Length: 1 page

305: Change Order — Cost Plus — Exhibit “C”
Use this form to list changes to the cost-plus contract specifications and scope of work, with the cost of work and time of completion changes noted and agreed to by the customer.
Length: 1 page

306: Pricing Request Form
Use this form to list requests by the customer for prices on optional selections or change order considerations — with administrative fees to be charged customer for additional requests beyond maximum allotment.
Length: 1 page

307: Final Payment with Retainage for Punchlist Completion — Optional Clause — Fixed Fee
Optional provision to final payment clause without retainage — Use this clause when customer retains a portion of the final payment to ensure the correction of punch list items.
Length: 1 page

308: Certificate of Acceptance — Exhibit “D”
Use this form for customer to acknowledge satisfactory completion of construction, and the implementation of the warranty claims process for any further corrective measures.
Length: 2 pages

309: Notice and Opportunity to Cure Agreement
Use this form to contractually impose the right to notice, inspection and repair of alleged construction defects before litigation may commence — for use in states that lack notice and opportunity to repair (NOR) legislation.
Length: 2 pages

310: Express Limited Warranty Agreement — Exhibit
Use this limited warranty agreement to provide a process for the replacement or repair of covered materials and workmanship that may prove to be defective within the warranty period — provides for exclusive remedy, waiver of implied warranties (where permitted), exclusion of consumer products under the Magnuson-Moss Act, and defined standards of construction.
Length: 4 pages

401: Remodeling Contract
Use this contract for remodeling improvements and additions to existing homes — parties are the owner and the remodeler.
Length: 7 pages

402: Remodeling Contract — Short Form
Use this contract for small-job remodeling improvements to existing homes — parties are the owner and the remodeler.
Length: 2 pages

403: Cancellation Notice Form
Use this form to comply with the Federal Trade Commission Act and state home solicitation statutes governing certain remodeling contracts executed in the customer’s home or through electronic means — provides mandated right to cancellation within three business days.
Length: 1 page

404: Lead Paint — Notices and Construction Date Certification
Use this form for remodeling homes constructed before 1978 — provides Environmental Protection Agency required lead paint notices, and the owner’s certification as to the date of construction.
Length: 1 page

501: Subcontract — Master Agreement
Use this contract for the general terms and conditions that are to apply to all subcontract agreements regardless of specific job specifications — to be supplemented by individual work orders, i.e., the job acceptance form — parties are the general contractor and the subcontractor.
Length: 10 pages

502: Subcontract — Job Acceptance Form
Use this contract for individual work orders in supplementation of the master subcontract agreement — parties are the general contractor and the subcontractor.
Length: 1 page

503: Subcontract
Use this contract for a stand-alone subcontract that includes the individual work order — not for use with a master agreement — parties are the general contractor and the subcontractor.
Length: 11 pages

504: Subcontract Change Order — Exhibit
Use this form to list changes to the subcontract specifications and scope of work, with subcontract price and time of completion changes noted.
Length: 1 page

505: Insulation Disclosure Clause for Subcontractor
Use this form to comply with FTC disclosure requirements for insulation subcontractors — to be posted in dwelling.
Length: 1 page