Terms and Conditions

(Check One **)

** The Work is scheduled to begin on ____________, 20___ and the estimated substantial completion date is __________, __ 20___.

** The Work is scheduled to begin _________ days after acceptance of this contract or Customer’s Notice to Proceed and to be substantially completed _______ days later .

  • Customer agrees to pay the Contract Price without offset according to the following schedule:
  • a. Down Payment ( of Contract Price) $____________ (due immediately after signing):
  • b. Progress Payments as follows: ______________________________________________________________________________
  • c. Payment for changed Work shall be as set forth in written Change Orders signed by the parties, but in no event later than the
    date for Final Payment.
  • d. Final Payment of $ ____________ is due at the time of final walk-through. If some Work is incomplete or needs correction at final walk-through, Customer may withhold an amount equal to the costs to complete such Work from Final Payment and amounts so withheld shall be due when such Work is completed.
  • Customer represents that the Work is to be performed in an area on Customers land subject to special environmental regulations involving wetlands or conservation of the Chesapeake Bay and agrees to be responsible for the costs and fees (including reasonable attorney fees) of obtaining permits required for the Work as a Change Order. See terms and conditions for important terms relating to Work in such areas.
  • ** Prices are good for 30 days from date on proposal, pricing may vary after 30 days**

This agreement includes contractors’ Terms and Conditions, the receipt and acceptance of WHICH CUSTOMER hereby acknowledges. DO NOT SIGN THIS CONTRACT IN BLANK. YOU ARE entitled to a copy of the contract at the time OF SIGNING.

BUYER’S RIGHT TO CANCEL 

  • MARYLAND CUSTOMERS ONLY: You, the buyer, may cancel this transaction at any time prior to midnight of the fifth business day (or midnight of the seventh day if the buyer is at least 65 years old) after the date of the transaction. See the attached notice of cancellation form for an explanation of this right. 
  • VIRGINIA CUSTOMERS ONLY:  Unless this sale was made (a) pursuant to prior negotiations between Contractor and Customer, (b) because of an emergency, or (c) Work has begun prior to midnight of the third business day after this contract is made, you may cancel this contract by giving Contractor written notice of cancellation until midnight of the third business day after signing this contract. 
  • DC CUSTOMERS ONLY:  If this agreement was solicited at or near your residence and you do not want the goods or services, you may cancel this agreement by mailing a notice to the seller. The notice must say that you do not want the goods or services and must be mailed before midnight of the third business day after you signed this contract. The notice must be mailed to Contractor at its Address Listed Above.  If you cancel, the seller may not keep any part of your cash down payment.

TERMS AND CONDITIONS

This Agreement is subject to the following Terms and Conditions, which supersede all prior agreements and representations, whether written or oral.

  • 1. CUSTOMER REPRESENTATIONS.  Customer signing this agreement represents that (a) s/he specifically requested all Work and materials listed in the final scope of Work in the Proposal (b) is the sole Owner(s) of the site on which the Work is performed or is the authorized agent of any other owner of the property, and (c) has arranged for adequate financing for the Work.  Customer acknowledges that Contractor is relying on such representations in undertaking the Work.  Customer agrees that Contractor may, at any time, request written evidence of adequate financing and that receipt of such evidence is a condition precedent to Contractor’s obligation to start or to continue performance
  • 2. CHANGES. All modifications to this contract that change the cost, materials, Work to be performed, or estimated completion date must be in writing and signed by all parties as a Change Order.  This contract may not be modified by either party except in writing, provided that either (a) in the case of an emergency endangering life or property, or (b) when additional Work is necessary to achieve performance criteria, Customer authorizes Contractor to perform such Work on a time and material basis and agrees that such Work shall not considered a material deviation from the plans or specifications.  Contractor shall make reasonable efforts to notify Customer of such additional Work as soon as practicable and shall promptly invoice Customer for the costs of such Work. ** Time & Material is based on $65/man hr plus cost of material + 40%
  • 3. SCHEDULE. ; Contractor will make its best efforts to substantially complete the Work in the time stated and to complete any punchlist Work as soon as practicable and consistent with appropriate practices for the Work, but Contractor does not guarantee the time or date of Substantial or Final Completion.  The Work may be delayed by unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, including acts of God or the public enemy or of the homeowner, fires, floods, strikes, freight embargoes, or unusually severe weather.  If the Work is delayed for reasons beyond Contractor’s control, such delays shall not constitute abandonment of the contract and shall not be included in calculating timeframes for payment or performance.  Customer agrees that (a) if the initial deposit is not made before the start date, then the start date shall be extended until after payment of the initial deposit, and (b) the start date may be delayed due to weather or other conditions affecting projects scheduled to finish before the start of the Work, in which case the contract start and finish dates will be adjusted accordingly.
  • 4. WARRANTY.  Contractor guarantees that all Work will be performed in a good and workmanlike manner in accordance with the plans, specifications, and Proposal.  All non-natural materials and equipment to be installed will be new and without defects, except for those inherent in the items specified.  Contractor shall attempt to match finish and color of bricks and natural materials, but Customer acknowledges that such materials are subject to natural variation in finish and color and are subject to change over time due to weathering.  Contractor does not warrant against such variations and weathering.  Contractor’s special warranties for installations of plants, ponds, brick pavers and walls, waterfalls, and drainage are set forth separately.  All warranties exclude damages caused by abuse, alterations to the Work not executed by Contractor, improper or insufficient maintenance, improper operation, or normal wear, tear and usage.  Repair or replacement shall constitute Customer’s sole remedy for breach of any warranty.  CONTRACTOR DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 
  • 5. FINAL WALKTHROUGH.  Promptly after completion of the Work, Customer and Contractor shall perform a final walk through to identify any Work that is not complete or in need of correction.   If there are any such items, then the parties shall establish a list with a value for the costs to complete each item.  Except for defects not discernable through reasonable inspection at the time of the walk through, any items not listed shall be deemed accepted by Customer.
  • 6. INSURANCE:   Contractor shall maintain Workman’s compensation and Employer’s liability insurance as required by law and General Liability Insurance with limits of not less than $1 million per occurrence.   Customer shall be responsible for insuring the property with a deductible of not more than $1,000.   Customer and Contractor hereby mutually waive all rights of subrogation, and Customer agrees that if it fails to procure the insurance required hereunder, Contractor shall not be liable for any damage to Customer’s property in excess of the deductible for the insurance customer agreed to procure.
  • 7. INCIDENTAL AND CONSEQUENTIAL DAMAGES.  Customer and Contractor waive all claims they may have against the other for any incidental or consequential damages arising out of the performance of this Work, including, but not limited to, any damages for delay, loss of use, lost business opportunities, or financing costs.
  • 8. REGULATIONS.  Contractor will comply with all local requirements for building permits, inspections, and zoning.  If the Work requires HOA approvals, building permits, inspections, licenses, special exceptions or variances, then Contractor will obtain the same, but costs and fees (including reasonable attorney’s fees) necessary to obtain such items are not included in the contract price and shall be added by Change Order.  Owner agrees to pay Contractor at an hourly rate of $50 per hour plus costs for services performed by Contractor.  Except as expressly set forth in the Proposal, Contractor is relying on Owner’s superior knowledge regarding applicability of regulations regarding wetlands and Chesapeake Bay Conservation, and if Customer does not notify Contractor that such regulations apply to Customers land by checking the applicable box at the front of this contract, then Customer agrees to defend, indemnify and hold Contractor harmless from any fines, penalties, and attorney’s fees incurred due to Work illegally performed in such areas.
  • 9. INTEREST AND NSF FEES.  A $50 fee will be charged on all returned checks.  Interest shall accrue on any overdue payments at 18% per annum unless prohibited by law, in which case interest shall accrue at the highest legal rate.
  • 10. MARYLAND CUSTOMERS: Each contractor must hold a current Maryland Home Improvement Commission (“MHIC”) license, and anyone can ask MHIC about a contractor.   MHIC is located at 500 North Calvert Street, Baltimore, MD 21202, and may be reached by calling (410) 230-6309 or 1 (888)2108-5925. Formal mediation of disputes between homeowners and contractors is available through MHIC. The Maryland Home Improvement Commission administers the Guaranty Fund, which may compensate homeowners for certain actual losses caused by acts or omissions of licensed contractors; and A homeowner has the right to purchase a performance bond for additional protection against losses not covered by the Guaranty Fund.
  • 11. VIRGINIA CUSTOMERS:  The Virginia Contractor Transaction Recovery Fund is exists, and you may contact it for claim information at (804) 367-1559 or RecoveryFund@dpor.virginia.gov.
  • 12.  DISPUTES.  The parties agree that this Contract shall be governed by the laws of the State or District in which the Work is to be performed.  In cases seeking to enforce a mechanic’s lien, exclusive venue shall be in the City or County where the Work is performed.  In all other cases, Customer consents to jurisdiction and venue in Ann Arundel County, Maryland or the City of Alexandria, Virginia.  The parties hereby waive their right to trial by jury.  If Contractor is the substantially prevailing party in any such action, it shall be entitled to an award of all costs of collection, including, but not limited to, its reasonable attorney fees. 
  • 13. PRICE ESCALLATION AND BUDGET.  Unless otherwise provided in the bid, this contract price includes a Permit Budget of $1,500 to pay permit fees, engineering costs for required permits, and expediting costs. If such costs are less than $1,500, the difference will be credited to the contract price.  If costs exceed $1500, Customer agrees to pay the excess plus a 20% administrative fee. If the project is delayed due to permitting delays or other causes outside the reasonable control of the Contractor or otherwise beyond 60 days from the date of Customer’s acceptance, then Customer agrees that the price shall be adjusted to reflect actual differences in material and labor costs between the date of contracting and the date work begins.  Contractor shall provide written notice of any such escalation charges to Customer before beginning Work, and Customer shall have the option to cancel this contract and Customer’s liability shall be limited to the cost of obtaining permits for the Project and/or the net cost of any special order materials and administrative fees incurred prior to cancelation.

GENERAL SCOPE CLARIFICATIONS

Unless otherwise specified above, the contract price is based on the following assumptions and qualifications.  If the any departure from such assumptions and qualification increases Contractor’s cost or time of performance, then the contract price and time shall be equitably adjusted by change order. Prices shall be adjusted by amount equal to the net additional costs plus a 25% markup for overhead and profit:

  • a – All concrete and asphalt removal includes the removal of these items only 4 inches thick.  If concrete or asphalt is greater than 4 inches additional removal and disposal costs shall apply.
  • b – The cutting of concrete and stone and other items does produce dust. Better View will take every measure possible to complete the job in a clean manner but will not be held liable for any cleaning charges that may occur due to performing these tasks.
  • c – Better View will contact “Miss Utility” and have all underground utility lines marked in the work area.  Owner shall mark all other lines not marked by Miss Utility, including, but not limited to, irrigation pipe, cable, telephone, electrical, plumbing, gas or other lines not marked by Miss Utility. Better View will exercise reasonable care not to damage lines around house but shall not be responsible for any damages to such lines not marked by Miss Utility or the Owner.  In the unlikely event that Better View damages a line that is marked, its liability shall be limited to the costs of repairing such line, and shall not be responsible for any incidental or consequential damages arising from such damage, including loss of use.
  • d – Better View will take every reasonable measure not to crack, break or damage any asphalt and concrete.  Owner warrants that such asphalt or concrete has sufficient bearing capacity for equipment such as trucks and skid steers ordinarily used in the performance of landscaping work and agrees that Better View will not be held responsible for any asphalt or concrete damage by trucks or similar machines.
  • e – Better View reserves the right to substitute materials of like kind or quality due to local availability.  If such substitutions will affect the pricing and scope of work, Better View will submit a change request in writing to the Owner.  Better View shall be entitled to an extension of the contract time if the Owner does not approve the substitution within 24hrs of submittal.
  • f – Owner hereby gives permission to contractor to use any pictures that may be taken of the project for advertising or any other purpose the contractor may deem appropriate.