Updated July 19, 2023
A drywall contract contains the terms that govern an agreement to provide drywall services. While drywall is often installed by a subcontractor working as a part of a team building a residence or other project, in other instances, such as remodeling and home improvement projects, it may be installed or repaired as a result of a direct agreement between the client and the service provider.
Common Uses
- Interiors of home, commercial, and government buildings
- New construction
- Repair of damage from floods, earthquakes, and leaks
Table of Contents |
What Should be Included?
The exact contents of a drywall contract will depend on the characteristics of the job, including: how large it is; whether the property is commercial, residential, industrial, or government; and the weather in the area of the building. The following sections are commonly included in almost all drywall projects.
Scope of Work
Once a client has decided that drywall is the right choice for their property, the contract should make clear what the job consists of. In drywall contracts, it is typically not necessary to set out exactly where and how the drywall will be applied or repaired; instead, the contract may refer to “blueprints” or “plans” or other documents which were prepared for planning and executing the work, rather than memorializing the agreement.
The scope of work, however, is generally the longest section of a drywall contract and will often include:
- Specifications: Some scopes of work will refer to state or local building standards, but others may be expected for a particular project, such as those who want to obtain LEED certification. Also relevant is what the wall will eventually be used for, particularly if there will be unusual stresses, such as heavy objects hung on the wall.
- Responsibilities: A responsibilities section outlines what the drywall contractor is responsible for beyond just completing the job. For example, in a situation in which the occupants of a property will be living there
- Materials: This typically consists of a section stating that the drywall contractor is responsible for providing the necessary materials.
- Staffing: This section usually specifies only that the contractor is responsible for providing the staffing necessary to complete the project by the agreed-on date.
- Qualifications: An opportunity for the drywall contractor to reaffirm that they and their staff are qualified to perform the task. If there is a local certifying agency, it would be an opportunity to state that the contractor has obtained a license from it.
Payment
The payment section should include both the amount of money to be paid for the job and how it will be provided: all at once, in installments, or some other plan. Some contractors provide discounts to clients who can pay upfront.
Timeline
Timing terms are especially important for drywall jobs. If the work is being done at the same time as other, related work that is being handled by a different contractor—such as a low-voltage electrician wiring an entertainment system—then it’s possible that the drywall contractor may be delayed to the point of missing an agreed-upon deadline through no fault of their own. The timeline section can clarify that these delays will not result in reduced fees.
Insurance
Insurance is an important requirement in all building trades, and communicating that information is standard in contracts. Insurance for a drywall project may consist of several components or policies, including:
- Liability: This policy protects the contractor from damages caused by the work.
- Worker’s compensation: A program that provides payments to workers in case of on-the-job injury. Each state has its own worker’s comp program, as they are known.
- Builder’s risk: Unlike liability, this covers risk associated with the project itself—that it might be destroyed by a fire, for example, during the construction process.
Common Drywall Rates
A drywall installer’s exact rate depends on their experience, the level of competition in the region, and the project specifications. There are also several different ways that a drywall contractor can set their prices, including a total per-square footage price and a price in which a fixed hourly labor cost is added to a unit cost based on the size of the walls.
- Materials and Labor: $2/sq. foot
- Standard 12′ x 12′ room: $580-$1800
- Hourly: $50-$100/hr
- Sound-proofing: $3.55 – $7.50/sq. foot
Sample
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DRYWALL CONTRACT
I. THE PARTIES. This Drywall Contract (“Contract”) made on [DATE] is by and between:
Contractor: [NAME], with a mailing address of [ADDRESS] (“Contractor”), and
Client: [NAME], with a mailing address of [ADDRESS] (“Client”).
II. SERVICES. The Contractor agrees to provide the following: [LIST SERVICES]
The Contractor agrees that they shall comply with all policies, standards, and regulations, including local, State, and Federal laws in providing the Services.
III. COMPENSATION. In consideration for the Services provided, the Contractor is to be paid in the following manner: (check all that apply)
☐ – Per Hour. $[AMOUNT] /hour.
☐ – Per Job. $[AMOUNT] for the completion of the Services.
☐ – Other. [LIST].
The Contractor agrees to be paid: (check one)
☐ – Completion of Work.
☐ – Receipt of Invoice.
☐ – Other: [LIST].
IV. METHODS OF PAYMENT. The Contractor’s acceptable methods of payment are as follows: (check all that apply)
☐ – Cash
☐ – Check
☐ – Credit Card
☐ – Venmo
☐ – Other: [LIST]
V. LATE FEES. If a payment due by the Client is not made within the requirements mentioned in Section IV, there will be: (check one)
☐ – No Late Fee. There shall be no late fee due by the Client.
☐ – A Late Fee. The Client will be charged: (check one)
☐ – A Flat Fee. The flat fee is equal to [AMOUNT] for each day payment is late.
☐ – Based on Interest. Interest of [PERCENTAGE]% will be charged on the outstanding balance due for each month payment is late.
VI. INSPECTION OF SERVICES. If any of the Services performed by the Contractor pursuant to this Agreement are defective or incomplete, the Client shall have the right to notify the Contractor, at which time the Contractor shall promptly correct such work within:
☐ – A specified period. Defect must be corrected within [NUMBER OF DAYS] upon receipt of written notice.
☐ – A reasonable time. Defect must be corrected within a reasonable time period.
Defects must be identified within a period of [NUMBER OF DAYS] after the completion of the Services, after which time the right to notify will expire.
VII. LIABILITY INSURANCE (MINIMUM ($) AMOUNT). The Contractor agrees to bear all responsibility for the actions related to themselves and their employees or personnel under this Agreement. In addition, the Contractor agrees to obtain comprehensive liability insurance coverage in case of bodily or personal injury, property damage, contractual liability, and cross-liability (“Liability Insurance”).
The minimum amount ($) for the Liability Insurance shall: (check one)
☐ – Be a minimum amount of combined single limit of $[AMOUNT].
☐ – Not have a minimum amount required.
☐ – Neither party shall be required to maintain insurance.
VII. TERMINATION. This Agreement shall terminate upon the: (check one)
☐ – Completion of the Services provided.
☐ – Date of [DATE].
☐ – Other. [LIST].
VIII. OPTION TO TERMINATE. The Client and Contractor shall: (check one)
☐ – Have the option to terminate this Agreement at any time by providing [NUMBER OF DAYS] days’ written notice.
☐ – Not have the option to terminate this Agreement unless there is reasonable cause, as defined in Section VII.
IX. MISCELLANEOUS. The Contractor and the Client agree to the following:
Independent Contractor. It is agreed that the Contractor will be considered an independent contractor for the purposes of this Contract, that they will maintain their own independent business and furthermore will use their own tools and equipment in fulfilling the Contract.
Taxes. Any taxes due as part of the Contractor providing their Services in this Contract are the sole responsibility of the Contractor.
Additional Services. Any additional services (“Additional Services”) must be requested by the Client in writing and are subject to rejection by the Contractor should said request be impossible or inconvenient to meet.
Damage to Equipment. The Client will be responsible for any damage or loss to the Contractor’s equipment due to misuse or theft by the Client or any guest of the Client and in the case of a force majeure event (including but not limited to fires, floods, inclement weather, and earthquakes).
Liability and Indemnification. The Contractor will not be liable for direct, indirect, incidental, or consequential damages (including, but not limited to, damages for lost profits or increased expenses) with respect to any claim related to this Contract and the Services provided.
X. SEVERABILITY. Should any provision of this Agreement be determined to be void, invalid, unenforceable, or illegal for whatever reason, such provision(s) shall be null and void; provided, however, that the remaining provisions of this Agreement shall be unaffected thereby and shall continue to be valid and enforceable.
XI. GOVERNING LAW. This Contract shall be construed and governed in accordance with the laws located in the State of where the Services are performed.
XII. ADDITIONAL TERMS & CONDITIONS. [LIST]
Contractor’s Signature: _________________________
Print Name: _________________________
Client’s Signature: _________________________
Print Name: _________________________
Related Forms
Drywall Subcontractor Agreement
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