Contract Clauses

Spectatorz

I am looking for suggestions about what needs to be addressed in a contract for Site-Prep services. Mostly for scraping and trenching.
To start with as mentioned in this forum before I have a "No Fault" clause on my list.
What are the others ?

Thanks for the Help.

__________________
"Success" Is The Ability To Go From Failure To Failure,
Without Losing Your ENTHUSIASM.
The Only Place that Success comes Before Work is in The Dictionary.

jmic

Spec., Here's a few ( not in any particular order)
1. Not responsible for mismarked utilities or damage occured to such.
2. Extra charge for excessive rock ( boulders )
3. Extra charge for encountered ledge
4. Extra charge for excessive ground water ( pumping )
5. Extra charge to remediate improper soil conditions ( stabilization fabric / stone)
Seems like I just know the ones you charge extra for, I use them frequently
6. Another good one is all unforseen conditions just in case the one's above miss something

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Joe

rino1494

Here is an example from one of our jobs.

So and So Excavating agree to furnish all labor, equipment and materials to construct the Autumn Hills Estates sub division per plans prepared by Clough Harbor and Associates and revised 4/25/2003.

Please Note:

A: All right of ways, sanitary, storm, grade and lot staking to be provided by owner developer.

B: No fencing around detention basin

C: Any rock formations that must be removed via blasting and/or by a hammer will be billed as a extra item.

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denick

Not included in this agreement is the cost of any,
Damage done by severe weather to the project while the work is in progress.

Excavation or removal of ledge or rock to obtain required rough grades.

Pumping or cleanup from rain or subsurface water.

Maintenance or protection of work completed.

Underground utility or structure location beyond CBYD service.

Repairs to driveway or roadway caused by machinery and trucks.

Work not specifically described in this agreement.

Materials not specifically described in this agreement.

Protection, care or maintenance of trees, shubs or plantings.

Handling or removal of any contaminated or hazardous materials.


UNDERGROUND UTILITIES AND STRUCTURES
State law requires us to call an 800# whenever we excavate. This service only applies to major utility company main line equipment and will not locate many of the things that may be buried on your property.

We are only able to make a surface visual check for things that are commonly found on a typical property without charging for the time and services to do so. It can be a very expensive undertaking. We have found a shared responsibility in this area the reasonable way to proceed.

The owner assumes responsibility for informing the contractor of all underground pipes, conduits, cables, wires, tanks, drainage systems and structures, and agrees to hold the contractor harmless in advent of loss or liability incurred as a result of incorrect or incomplete information provided to the contractor and agrees to indemnify contractor for loss or expense resulting from such incorrect or incomplete information.

My short list.


Nick

Excalibur

Sounds like just about all possible bases are covered. I especially like jmic's #6!

"""6. Another good one is all unforseen conditions just in case the one's above miss something """

Bob

Spectatorz

Those are All Really Great !!!

I Thank You for Your Input.

__________________
"Success" Is The Ability To Go From Failure To Failure,
Without Losing Your ENTHUSIASM.
The Only Place that Success comes Before Work is in The Dictionary.

dayexco

We will contact all of the utility companies in the area to locate any existing buried utilities. We will not be held responsible for any damages done to utilities privately owned that owner did not make us aware of

here's what i have on my proposals....means same thing, different wording

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someday, i'll be as patient as Nick.

Spectatorz

I am wondering what kind of Warranty if any, should or could be in a contract for "Site-Prep" services.

It seems to me there can be "No Warranty" on Dirt Moving, Right ?

Thanks

__________________
"Success" Is The Ability To Go From Failure To Failure,
Without Losing Your ENTHUSIASM.
The Only Place that Success comes Before Work is in The Dictionary.

rino1494

Go to Wal-mart if you want a warranty.....lol

__________________
Life is hard. It is harder when you are stupid

Uncle Sam wants YOU....to speak ENGLISH

Spectatorz

Thats about what I thought... Too Funny !!! LMAO !!!

__________________
"Success" Is The Ability To Go From Failure To Failure,
Without Losing Your ENTHUSIASM.
The Only Place that Success comes Before Work is in The Dictionary.