NAHB Contracts

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Contact: Marcus Williams
202-266-8588
mwilliams@nahb.org

NAHB Contracts offers a variety of residential construction contracts, exclusively for home builders and remodelers. You will save hours of work — which means saving hundreds of dollars — with every contract.

Each contract product is delivered as a downloadable Word document. Choose the product and pricing option(s) that best meet your needs.

To purchase a single contract, click on the appropriate header below to expand the list and select the contract.

Please note that your digital contract purchase is non-refundable.

NAHB Seeks White House Action on Rising Lumber Prices

Single Contracts

Member Price: $9.99 - $24.99 Retail Price: $15.99 - $29.99
100 Series: Construction 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

200 Series: Sales Contracts — Completed Dwellings

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

300 Series: Contract Exhibits — Additional Terms

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

400 Series: Remodeling Contracts

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

500 Series: Subcontracts

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

NAHB Seeks White House Action on Rising Lumber Prices

All Contracts

Member Price: $250.00 Nonmember Price: $290.00
All Contracts
NAHB Seeks White House Action on Rising Lumber Prices

Construction Contracts

Member Price: $96.00 Nonmember Price: $129.00
100 Series
NAHB Seeks White House Action on Rising Lumber Prices

Sales Contracts – Completed Dwelling

Member Price: $23.00 Nonmember Price: $31.00
200 Series
NAHB Seeks White House Action on Rising Lumber Prices

Contract Exhibits – Additional Terms

Member Price: $100.00 Nonmember Price: $135.00
300 Series
NAHB Seeks White House Action on Rising Lumber Prices

Remodeling Contracts

Member Price: $35.00 Nonmember Price: $58.00
400 Series
NAHB Seeks White House Action on Rising Lumber Prices

Subcontracts

Member Price: $64.00 Nonmember Price: $87.00
500 Series

Disclaimer

NAHB Electronic Contract Forms are crafted for use in residential construction projects, and have been vetted by experienced residential builders and remodelers. However, no general information or legal tool can fit every circumstance, accordingly, the contract forms are provided “as is” and without any warranty, express or implied, of fitness for a particular purpose under the assumption that those using the documents will make sound and reasonable determinations as to suitability prior to their use. The contract forms so provided are generic documents, and are not state specific. BE ADVISED that some states mandate specific language or notices to be included in residential contracts, and by law may also require a certain location, font size, bold type, and/or capitalization for said language or notices. You understand that each form and any applicable instructions or guidance is not customized to your particular needs. For these reasons, and because the endorsement of contract documents can entail significant responsibilities and legal or tax consequences, it is recommended that an experienced attorney be consulted for advice on questions regarding proper usage. By providing these forms NAHB is not engaged in furnishing legal, accounting, or other professional advice, and nothing should be construed as a recommendation to use NAHB Electronic Contract Forms for any particular purpose or application. In no event shall NAHB be liable for any direct, indirect, incidental or consequential damages arising out of the use of NAHB Electronic Contract Forms. This site and applications are not intended to create any attorney-client relationship, and your use of NAHB Electronic Contract Forms does not and will not create an attorney-client relationship between you and NAHB.

Before you use any generic NAHB contract form, please be advised that some state home builders associations (HBAs), including Texas, Wisconsin, Alabama, Mississippi and South Carolina, and some local HBAs, currently provide state-specific residential construction contract forms. Should such a state-specific form be provided in your jurisdiction, you should consider using that form if it corresponds with your needs.

Acknowledgements

Special thanks are due to NAHB’s Construction Liability, Risk Management, and Building Materials Committee, and the following Working Group members, who assisted in the development of the Form Contracts:

John Cochenour, Lexington Fine Homes, Bellevue, WA
Robert Hanbury, CGR, House of Hanbury Builders, Inc., Newington, CT
Paul Kane, Executive Vice President/CEO, Home Builders Association of Greater Tulsa, Tulsa, OK
Ray Kothe, Kothe Contracting and Construction Management, LLC, Baton Rouge, LA
Mark Miesse, President, Memphis Title Company and Mark B. Miesse & Associates, PC, Memphis, TN
William Owens, Owens Construction Contracting Co., Powell, OH
Eric Person, Chief Executive Officer, Home Builders & Remodelers Association of Central Connecticut, Rocky Hill, CT
Randy Strauss, Strauss Construction, Amherst, OH

The Form Contract documents were prepared in conjunction with NAHB’s Office of the General Counsel* and under the general direction of Director of Legal Research, David Crump, Jr., assisted by Vice President, Legal Advocacy, David Jaffe.

Thanks also to the following individuals and associations for sharing their contract documents with the Working Group:

Ray Tonjes, Ray Tonjes Builder Inc, Austin, TX
The Greater Birmingham Association of Home Builders
HBA of Greater Tulsa

* The Office of the General Counsel manages and supervises all legal affairs and works on a diverse array of legal matters to advance NAHB’s overall mission including litigation, regulatory and advocacy matters.