A general contractor agreement is, as the name implies, generally an agreement between the owner of real estate and a building contractor for services to manage the construction (and sometimes the design) of a residential or commercial building according to certain specifications or plans provided by the owner.
A general contractor agreement includes a description of the scope of the work to be performed; the materials to be used; the general contractor’s obligations to hire and manage subcontractors to construct the various components of the building; the payment terms for the construction of the building and the management of the construction; the time for completion of the work; insurance requirements; and the filing and removal of mechanic’s and materialmen’s liens (also known as construction liens or contractor liens) for labor and materials provided to improve the real estate.
In South Carolina, a general contractor agreement is a legally binding contract that outlines the relationship and obligations between a property owner and a general contractor hired for construction projects. This agreement typically includes detailed provisions regarding the scope of work, materials to be used, the contractor's responsibilities in hiring and managing subcontractors, payment schedules, timelines for project completion, insurance requirements, and provisions related to mechanic's and materialmen's liens. South Carolina law requires that contracts for residential construction services be in writing if the cost of the undertaking is more than $200. Additionally, the South Carolina Code of Laws (Title 29, Chapter 5) governs the filing and enforcement of mechanic's liens, ensuring that contractors and subcontractors have a legal right to secure payment for labor and materials provided. It is important for both parties to clearly understand and agree upon these terms to avoid disputes and ensure legal compliance throughout the construction process.