Contract Claus

ABB

I am a GC getting ready to do a large room addition. We will be digging (32) 12" dia. x 96" d piers into what seems like clay on the surface.
My question... Does anyone out there have a clause in their contract that stipulates an additional charge if you run into excessively hard soil or rock (river rock etc.) and how do you handle this type of situation and how do you word the clause?

cexcavation

Sounds like you already know what to say I just make it clear that my bid is based on the customer description of the soil type (if no test pits prescribed) and if the soil changes in the way of rock etc. then the project goes from a bid to a time and material at a predetermined rate. There is no way I will bid based on assumptions unless it is agreed that of the "assumptions" are wrong then I at least get to make my hourly rate and the customer gets a fair deal.......it takes what it takes

AtlRemodeling

We use the following:

"Unless specifically stated elsewhere, this contract does not cover unsuitable soils, buried debris or buried rock. An estimate for remediation of these items will be made upon discovery."

tgeb

We looked at this issue a while ago, check out this thread and the one it references, you will find all you need........I think.

http://www.contractortalk.com/f62/rock-clause-32404/

Welcome to the site, good luck on the pier footings. 12" diameter 8" deep sounds like a lot of fun, how do you dig those?

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Tom

www.gebcon.com

SDC

This is in part of my contract. it can be easily changed as needed.


From time to time during remodeling projects we come across certain “Unforeseens.” These are things such as pipes or heat ducts running inside walls that are being removed. They could also be ledge, large rocks or a stump pile under the ground that we are excavating, thickness of concrete. These are things that we cannot see and cannot plan for. In these cases we make you the homeowner aware of the situation and offer a solution to the problem. These are usually handled by a time-and-material change order.

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JDavis21835

You may want to add a buried tanks or contaminated material to that. Most lawyers would split hairs about the buried debris.

Heimy

We use this

**Please Note*** Contractor shall be entitled to extra compensation by change order for the increased costs incurred to remove from the Project and to perform Contractor's work if rock, slag, buried concrete, hazardous materials, unsuitable soil and/ or other similar subsurface conditions are encountered at the Project

Mike(VA)

A little long, but here is what we use:

10b. STANDARD EXCLUSIONS: Unless specifically included in the “General Scope of Work” section above, this Agreement does not include labor or materials for the following work: Plans, engineering fees, or governmental permits and fees of any kind. Additional work required by governmental plan checkers on final “Red Lined” Job copy of plans that are yet to be issued. Testing, removal and disposal of any materials containing asbestos (or any other hazardous material as defined by the EPA). Custom milling of any wood for use in project. Moving Owner’s property around the site. Labor or materials required to repair or replace any Owner-supplied materials. Repair of concealed underground utilities not located on prints or physically staked out by Owner which are damaged during construction. Surveying that may be required to establish accurate property boundaries for setback purposes (fences and old stakes may not be located on actual property lines). Final construction cleaning (Contractor will leave site in “broom swept” condition). Landscaping and irrigation work of any kind. Temporary sanitation, power, or fencing. Removal of soils under house in order to obtain 18 inches (or code-required height) of clear space between bottom of joists and soil. Removal of filled ground or rock or any other materials not removable by ordinary hand tools (unless heavy equipment is specified in Scope of Work section above), correction of existing out-of-plumb or out-of-level conditions in existing structure. Correction of concealed substandard framing. Rerouting/removal of vents, pipes, ducts, structural members, wiring or conduits, steel mesh which may be discovered in the removal of walls or the cutting of openings in walls. Removal and replacement of existing rot or insect infestation. Failure of surrounding part of existing structure, despite Contractor’s good faith efforts to minimize damage, such as plaster or drywall cracking and popped nails in adjacent rooms or blockage of pipes or plumbing fixtures caused by loosened rust within pipes. Construction of a continuously level foundation around structure (if lot is sloped more than 6 inches from front to back or side to side, Contractor will step the foundation in accordance with the slope of the lot). Exact matching of existing finishes. Public or private utility connection fees. Repair of damage to roadways, driveways, or sidewalks that could occur when construction equipment and vehicles are being used in the normal course of construction. Cost of correcting errors and omissions by the Owner’s design professionals and separate contractors. Cost of correcting/testing/remediating mold/fungus/mildew and organic pathogens unless caused by the sole and active negligence of Contractor as a direct result of a construction defect that caused sudden and significant water infiltration into a part of the structure. Cost of removing ponding ground water or other unusual concealed site conditions during excavation. Extra costs associated with refusal of caisson drilling, cave-ins, etc. Cost to modify and/or remanufacture custom brackets and other custom-fabricated materials that are manufactured per plans and/or specifications but do not fit properly into the structure.

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__________________________________________________ ___________
I EXPECT THAT SOMEDAY I WILL SEE THE FRUITS OF MY LABOR. IS IT SOMEDAY YET?
Clifton, Great Falls, McLean, Fairfax Station, Manassas, Virginia Renovation Contractor

ABB

Thank you all for the great tips & advise. I can add this to my arsenal. We will be digging these piers with a small (tight access)excavator w/ auger & a bobcat loader.

Thanks again.