TERMS & CONDITIONS
1. Scope of Work
Contractor shall provide only the work specifically identified within the accepted proposal.
Unless specifically listed, the following are excluded:
Surveying
Engineering
Permits
Utility relocation
Landscaping
Topsoil and seeding
Asphalt or concrete restoration
Environmental remediation
Rock excavation
Dewatering
Hauling of unsuitable soils
Testing and inspections
Erosion control beyond proposal scope
Imported fill
Compaction testing
Traffic control
Winter protection
Temporary fencing
Tree removal
Disposal of contaminated materials
Any additional work requested shall constitute a Change Order.
2. Site Conditions
Pricing is based upon conditions reasonably visible during estimating.
Should Contractor encounter:
rock
unsuitable soils
groundwater
buried debris
undocumented foundations
abandoned tanks
buried concrete
hazardous materials
archaeological findings
contaminated soils
unknown utilities
unforeseen subsurface conditions
Contractor shall immediately notify Owner.
Additional labor, equipment, materials, delays, or disposal costs shall be billed as a Change Order.
3. Underground Utilities
Owner represents that all underground utilities have been accurately located.
Contractor is not responsible for damage resulting from:
inaccurate utility markings
abandoned utilities
privately installed utilities
undocumented utilities
Owner shall be responsible for repair costs resulting from inaccurate information.
4. Access
Owner shall provide unrestricted site access including:
haul roads
staging area
equipment access
parking
material storage
Delays caused by restricted access shall be billed as additional time.
5. Schedule
Estimated schedules are not guaranteed.
Contractor shall not be liable for delays resulting from:
weather
utility conflicts
permit delays
owner delays
inspection delays
labor shortages
material shortages
force majeure
acts of God
Contractor reserves the right to adjust scheduling accordingly.
6. Weather Delays
Rain, freezing temperatures, excessive moisture, or other adverse weather may suspend operations.
Additional mobilizations resulting from weather shall be billed accordingly.
7. Payment Terms
Payment is due:
Net 15 Days
unless otherwise specified.
For projects exceeding $25,000, Contractor reserves the right to invoice:
Mobilization
Weekly Progress Billing
Stored Materials
Change Orders
Final Completion
Invoices not disputed in writing within five (5) business days shall be deemed accepted.
8. Late Payments
Past due invoices shall accrue:
1.5% interest per month
(18% annually)
or the maximum allowed by law.
Customer agrees to pay:
attorney fees
collection costs
court costs
lien filing expenses
incurred during collection.
9. Right to Stop Work
Contractor reserves the right to suspend work if:
invoices become past due
financing is unavailable
Owner breaches the agreement
Contractor shall not be responsible for schedule impacts resulting from suspended work.
Restart costs, remobilization, and escalation shall be billed to Owner.
10. Mechanic's Lien Rights
Contractor expressly reserves all rights provided under applicable mechanic's lien statutes.
Receipt of payment does not waive lien rights until funds have fully cleared.
11. Change Orders
Any work outside the original proposal shall require a written Change Order.
If immediate work is necessary to protect persons, property, utilities, or schedule, Contractor may proceed upon verbal authorization and subsequently document the change.
12. Owner Responsibilities
Owner shall:
obtain property access
identify property boundaries
provide legal right-of-entry
remove personal property
secure permits not included in proposal
coordinate other trades
Delays caused by Owner shall be billed accordingly.
13. Imported Fill
Unless specifically stated:
All imported material shall be billed separately.
Imported material prices are subject to market fluctuations.
14. Disposal
Proposal assumes clean, non-contaminated soil.
Discovery of:
contaminated soils
asbestos
petroleum products
hazardous waste
regulated materials
shall constitute additional work.
Testing and disposal costs shall be billed separately.
15. Fuel & Material Escalation
Contractor reserves the right to adjust pricing for substantial increases in:
diesel fuel
aggregate
pipe
steel
trucking
disposal fees
occurring after proposal acceptance.
16. Equipment Damage
Owner shall be responsible for damage caused by:
hidden structures
unmarked utilities
improper access
unstable soils not disclosed
17. Property Damage
Contractor shall exercise reasonable care.
However Contractor is not responsible for:
cracked driveways
lawn damage
rutting
settlement
irrigation damage
landscaping disturbance
reasonably resulting from construction operations unless caused by Contractor negligence.
18. Grade Tolerances
Finished grades are subject to standard construction tolerances.
Minor settlement following completion is normal and not considered defective work.
19. Warranty
Contractor warrants workmanship for:
One (1) Year
from substantial completion.
Warranty excludes:
settlement
erosion
weather damage
owner modifications
utility failures
acts of God
improper maintenance
third-party damage
20. Limitation of Liability
Contractor's maximum liability shall not exceed the contract amount.
Contractor shall not be liable for:
lost profits
business interruption
consequential damages
indirect damages
delay damages unless expressly agreed in writing
21. Insurance
Contractor maintains Commercial General Liability and Workers' Compensation insurance.
Certificates provided upon request.
22. Safety
Contractor maintains exclusive control over means, methods, sequencing, equipment, and safety procedures.
Customers and visitors shall remain outside active work zones.
23. Acceptance of Work
Work shall be deemed accepted upon:
Owner occupancy
beneficial use
payment
failure to provide written deficiencies within five (5) days
24. Cancellation
If Owner cancels after acceptance:
Owner shall pay for:
completed work
mobilization
ordered materials
restocking fees
equipment reservations
subcontractor commitments
25. Photographs
Contractor may photograph project progress for documentation and marketing purposes unless prohibited in writing.
26. Force Majeure
Contractor shall not be liable for delays caused by:
severe weather
natural disasters
strikes
pandemics
war
governmental actions
material shortages
utility interruptions
27. Dispute Resolution
The parties agree to first attempt mediation.
If unresolved, disputes shall be resolved in the county where the project is located unless otherwise agreed.
Prevailing party shall recover attorney fees and costs where permitted by law.
28. Entire Agreement
These Terms & Conditions, together with Contractor's proposal, constitute the complete agreement.
No verbal representations shall modify this agreement.
29. Electronic Signatures
Electronic signatures, email acceptance, and digital approvals shall have the same force and effect as original signatures.
30. Proposal Validity
Unless otherwise stated:
Proposal pricing is valid for:
30 calendar days
Material pricing may be adjusted after expiration.
Recommended Front-of-Proposal Payment Terms
I also recommend placing the following directly on the first page of every proposal to make expectations unmistakably clear:
Payment Schedule
20% Deposit due upon acceptance (for projects over $10,000)
Weekly progress billing
Change Orders due immediately upon invoicing
Final payment due within 15 days of substantial completion
Change Orders
No additional work will be performed without written approval unless required to protect life, safety, or the project schedule.
Stop Work
Accounts more than 15 days past due are subject to immediate suspension of work until payment is received.
Interest
Past due balances accrue interest at 1.5% per month (18% annually) or the maximum rate permitted by law.
Mechanic's Lien
E&E Excavating reserves all mechanic's lien and bond rights until payment has been received in full.
Quote Validity
Proposal pricing is valid for 30 days and is subject to material and fuel price escalation thereafter.