LICENSING: Contractor is duly licensed under the law and statutes of the State of California.
Contractors are required by law to be licensed and regulated by the contractor’s State license board. Any questions concerning contractor may be referred to the Registrar, Contractor’s State license Board, P.O. Box 26000, Sacramento, California, 95826.
A reasonable allowance on all dimensions shall be allowed.
Site will be received free of debris and ready to commence work. This
contract provides for no import, export or movement of soil unless specified in scope of work.
ABILITY TO PAY: The owner warrants and represents that they have sufficient funds to pay the contract price and for all extra work which may be ordered by the owner or his representatives and the owner will do everything possible to expedite payments.
ADDITIONAL WORK: Should the owner, or any of his agents, direct or request additional work not shown on the attached plans and specifications for a contracted job to the Contractor, the cost of such additional work shall be added to the contracted amount by a signed change order by both parties and paid by the owner as agreed. Contractor shall be reimbursed for any unusual or unknown condition s, i.e., rock, high water table, severed wire, corrosion, undisclosed or unknown utilities, etc.
RIGHT TO STOP WORK: Contractor shall have the right to stop work if any payment not in dispute shall not be made to him under this agreement. Contractor may keep the job idle until all payments due have been received. Such action by Contractor shall not, in any manner, be deemed a breach of this contract by Contractor.
DELAYS: Contractor shall be excused for any delays or defaults by him in the performance of this agreement caused by acts of the Owner or the Owner’s agent, acts of any governmental authority, acts of God, the elements, war conditions, commercial shortages of required labor or materials, commercial shortages of required labor or materials, litigation, labor disputes, extra work, failure of the owner to make payments when due promptly, or other contingencies unforeseeable by or beyond the control of the Contractor.
7.10 LIENS: Contractor will be responsible for discharging all liens filed as a result of the work, providing the Contractor has been paid in full.
7.20 CONTRACTOR LIABILITY: Contractor assumes all and full responsibility for acts and work and any payment to his employees and agents and subcontractors and subcontractor’s employees and agent when acting under the contractor’s directions, so long as contractor has been paid in full.
7.30 PERMITS: Contractor will apply and pay for all construction permits as necessary unless itemized in an addendum.
7.40 WORKER’S COMPENSATION INSURANCE: Contractor shall procure and maintain during the continuance of this agreement, a policy of worker’s compensation for the protection of his employees and / or use temporary employees that are covered by such insurance through an outside agency.
7.50 BROOM CLEAN CONDITION: On completion of the project, Contractor shall remove all debris and surplus materials of his own making from the site of the project and leave site in “broom clean” condition.
7.60 MATCHING COLOR AND TEXTURE: Where texture and colors are to be matched, Contractor shall make every reasonable effort to do so, using standard textured or colored material, but does not guarantee a perfect match.
8.10 AGREEMENTS, PLANS, AND SPECIFICATIONS: This agreement, the plans for the project, and the specifications for the project, are intended to supplement each other so that any work mentioned in one such instrument but not the other, shall be performed in the same manner as if mentioned in all such instruments. If a conflict arises between such instruments specifications shall control the plans and this agreement shall control both the plans and the specifications.
8.20 PRIOR AGREEMENTS: This instrument constitutes the sole and only agreement of the parties here to applying to the project and correctly sets forth the rights, duties, and obligations of each to the other, as of this date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this agreement are of no force and effect.
8.30 MODIFICATION AND PAYMENT FOR MODIFICATION: The owner and contractor must agree in writing to any modification or addition to the work covered by this contract. The contractor nor his employees or representatives shall do no extra work without the written authorization of the owner. Any written agreement shall list the agreed price and any changes in terms and shall be signed by both parties.
Any Change Orders for extra work shall be incorporated in, and become part of, this contract. Contractor shall be compensated in amount determined before the extra work is to be performed, unless otherwise agreed upon in writing.
In such case, amount, including Contractor’s usual fee for overhead and profit shall be made as the extra work progresses, concurrently with payments and under the payment scheduled.
If the project or any part thereof is destroyed by fire, theft, vandalism, accident or act of God, or in any way damaged through no fault of the Contractor, any work done or materials furnished by the Contractor in restoring or rebuilding the project shall be paid for by Owner, as an “extra” if Owner elects to rebuild. If Owner elects not to rebuild, Contractor shall be paid for all work done and materials used prior to the event causing the damage. Also, Contractor shall be paid for materials at the site not yet used. In addition, Contractor shall be reimbursed for specialty items ordered for this project in particular. This payment will include a reasonable profit and overhead. Owner must elect to rebuild or not within (130) days of damage or destruction of the project. If Owner fails to make such election, Contractor may terminate this agreement, and shall be paid in the same manner as if the Owner elected not to rebuild.
9.10 PET DAMAGE: Contractor is not responsible for any damage caused by animals, including dogs, cats, farm or wild animals, rodents or insects, etc. Homeowner is responsible for any damage caused by pets and shall be responsible for the safety and housing of any pets during construction. Contractor does not imply any guarantee against pet or other animal or pest damage to synthetic turf, living turf, decomposed granite, bark mulch or any other materials included in project unless otherwise specified in writing and signed by both parties.
10.10 GUARANTEE OF WORKMANSHIP: WORK PERFORMED UNDER THIS CONTRACT SHALL BE COMPLETED IN A WORKMANLIKE MANNER. APPROVAL BY BUILDING INSPECTOR SHALL BE DEEMED TO CONSTITUTE A DETERMINATION THAT WORK WAS COMPLETED IN A WORKMANLIKE MANNER AND SHALL BE BINDING ON THE UNDERSIGNED. THERE ARE NO WARRANTEES EITHER EXPRESSED OR IMPLIED EXCEPT THOSE SPECIFICALLY SET FORTH IN THIS CONTRACT, AND THERE ARE ABSOLUTELY NO GUARANTEES: (1) RELATING TO THE CONTINUED LIFE OR GROWTH OF PLANT MATERIAL BEYOND THE PERIOD NECESSARY FOR INITIAL PLANTING SHOCK, BUT NOT TO EXCEED 90 DAYS UNLESS OTHERWISE SPECIFICALLY STATED; (2) AGAINST CRACKING, SETTLING, RAISING, OR DISCOLORATION, NOR IS MASTIC GUARANTEED FROM PULLING AWAY AS A RESULT OF RAISING OR SETTLING; (3) SPRINKLER SYSTEM IS GUARANTEED FOR ONE YEAR ON MATERIALS AND WORKMANSHIP; HOWEVER, VANDALISM AND NORMAL WEAR AND TEAR AND NORMAL CLEANING OR REPLACEMENT FOR ADVERSE COLD OR FREEZING CONDITIONS ARE NOT INCLUDED.
10.20 Owner is responsible for any damage to plants for either
over or under-watering, over fertilization, pests or diseases. Contractor shall not be responsible for any damage done by inclement weather.
10.30 Guarantees and warrantees are effective only if Owner has complied with all the terms and conditions, payments, and other provisions of this contract.
10.40 WARRANTEE LIMITS: Because all landscape projects must be watered on a strict schedule to establish the newly planted lawns, trees, shrubs and ground cover, our guarantee is limited when a manual irrigation system is installed. All landscape material will installed in a proper healthy manner but is not guaranteed beyond completion of the job. This also applies to existing automatic systems that have no power or power interruptions to the controller.
THE LIABILITY OF CONTRACTOR FOR DEFECTIVE MATERIALS OR INSTALLATIONS IS HEREBY LIMITED TO THE REPLACEMENT OR CORRECTION OF SUCH DEFECT AND/OR INSTALLATION. NO OTHER CLAIMS OR DEMANDS WHAT-SO-EVER SHALL BE MADE UPON OR ALLOWED AGAINST THE CONTRACTOR. THIS LIMITED WARRANTY EXTENDS ONLY TO THE OWNER. THERE IS NO IMPLIED WARRANTY OF MERCHANT ABILITY NOR IMPLIED WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE. THERE ARE NO OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED WHICH EXTEND BEYOND THE DESCRIPTION CONTAINED IN THIS PARAGRAPH.
THIS WARRANTY SHALL TERMINATE ONE YEAR FROM THE DATE OF FINAL INSPECTION OR THE DATE OF COMPLETION, WHICHEVER IS SOONER.
11.10 MAINTENANCE RESPONSIBILITIES: Unless specifically included in the scope of work, Owner, and not Contractor is responsible for any existing conditions. In the event that any existing conditions are illegal or not in conformity with any building requirements, and Contractor is required by either the Owner or anyone else to repair or bring those conditions up to code, then doing same shall be treated as an “extra”.
11.11 WEEDS: The owner shall be held responsible for weed control or eradication unless otherwise stipulated, except during post installation maintenance period, if any.
11.12 SPRINKLERS: To monitor sprinkler system and to see that routine adjustments and maintenance be made. This may include cleaning of clogged sprinkler heads, changing of watering times and durations to suit seasonal changes, repair to damaged heads or other parts.
11.13 FERTILIZER: To fertilize all lawns, groundcovers, trees, and shrubs, as needed.
11.14 WATER: To provide adequate watering of new turf and plant materials as needed.
11.15 FUNGICIDES, PESTICIDES, AND INSECTICIDES: To apply fungicides, pesticides, or insecticides as needed to prevent or cure disease or pests of plant material and lawns.
11.16 STAKING AND GUYING: To insure that all plant material remains staked and/or guyed until established.
11.17 Post installation maintenance shall be the responsibility of the Owner unless provided for herein: By_________________ For________Days
11.20 LEGAL RESPONSIBILITIES:
11.21 PROPERTY LINES, EASEMENTS, AND ACCESSIBILITY: Owner shall be responsible for the location of property lines, easements and providing access for Contractor. Any work stoppage and/or change of work because of property line disputes because of accessibility shall be treated as additional work and so charged.
11.23 Owner shall be responsible for location and depth of underground utility lines and/or systems.
11.30 In compliance with Federal and State law, Owner agrees to make drinking water and toilet facilities available to all workmen or compensate Contractor for rented units. Owner agrees to provide electricity and water at job site as may be required by Contractor to effect the work herein.
Unless the contract specifically calls for the removal, disturbance, or transportation of asbestos, toxic material or other hazardous substances the Owner acknowledges that such work requires special procedures, precautions, and/or licenses. Therefore unless the contract specifically calls for same, if Contractor encounters such substances Contractor shall immediately stop work and allow Owner to obtain a duly qualified asbestos and/or hazardous material contractor to perform the work or do the work himself.
Any controversy or claim arising out of or related to this contract , or the breach thereof, shall be settled by arbitration in accordance with the Construction Industry Arbitration of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims within the monetary limit of Small Claims Court shall be litigated in such court at the request of either party.
NOTICE: By initialing in the space below you are agreeing to have any dispute arising out of the matters included in the ‘ARBITRATION OF DISPUTES’ provision. If you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate under the authority of the Business and Professions Code or other applicable laws. Your agreement to this arbitration provision is voluntary.
We have read and understand the foregoing and agree to submit disputes arising out of the matters included in the ‘ARBITRATION OF DISPUTES’ provision to neutral arbitration.
I (we) agree to arbitration ____________ ____________
In case one or more of the provisions of this Agreement or any application thereof shall be invalid, unenforceable, or illegal, the validity, enforceability, and legality of the remaining provisions and any other application shall not in any way be impaired thereby. Any damages for which Contractor may be liable to Owner shall not, in any event, exceed the cash price of this contract.
14.01 CHANGE ORDERS: All changes to original plans before commencement of work but after signing of contract will incur a minimum $50.00 charge. Other changes, after commencement of any work, will reflect any additional expense to contractor including but not limited to; contractor’s time, cost of removal or replacement of any partially completed work, restocking charges or disposal and replacement of damaged or unused materials
14.02 PAYMENT RESTRICTIONS AND METHODS: Any and all reasonable expenses incurred as a result of the requirement to furnish additional bonds, implementation of optional payment methods or requirement of lien releases will be owner’s responsibility, due and payable prior to and in advance of furnishing or implementation of any such bonds, payment methods or releases. Lien releases shall cost minimum $50.00 each and may cost up to $200.00.
Notification to allow ample time for contractor to supply or arrange for any of the following must be given prior to requirement of any such [Bonds, Alternate Payment Methods or Lien Releases] without which no payment may be withheld. There is no charge for a “final unconditional lien release” issued from Greenbee Landscape, Inc. upon receipt of final payment. There is no charge for any lien release if any supplier of labor or materials to job site has issued a 20 day Preliminary to homeowner.
Under the California Mechanics’ Lien Law, any contractor, subcontractor, laborer, supplier, or other person or entity who helps to improve your property, but is not paid for his or her work or supplies, has a right to place a lien on your home, land, or property where the work was performed and to sue you in court to obtain payment.
This means that after a court hearing, your home, land, and property could be sold by a court officer and the proceeds of the sale used to satisfy what you owe. This can happen even if you have paid your contractor in full if the contractor’s subcontractors, laborers, or suppliers remain unpaid.
To preserve their rights to file a claim or lien against your property, certain claimants such as subcontractors or material suppliers are each required to provide you with a document called a “Preliminary Notice.” Contractors and laborers who contract with owners directly do not have to provide such notice since you are aware of their existence as an owner. A preliminary notice is not a lien against your property. Its purpose is to notify you of persons or entities that may have a right to file a lien against your property if they are not paid. In order to perfect their lien rights, a contractor, subcontractor, supplier, or laborer must file a mechanics’ lien with the county recorder which then becomes a recorded lien against your property. Generally, the maximum time allowed for filing a mechanics’ lien against your property is 90 days after substantial completion of your project.
TO INSURE EXTRA PROTECTION FOR YOURSELF AND YOUR PROPERTY, YOU MAY WISH TO TAKE ONE OR MORE OF THE FOLLOWING STEPS:
(1) Require that your contractor supply you with a payment and performance bond (not a license bond), which provides that the bonding company will either complete the project or pay damages up to the amount of the bond. This payment and performance bond as well as a copy of the construction contract should be filed with the county recorder for your further protection. The payment and performance bond will usually cost from 1 to 5 percent of the contract amount depending on the contractor’s bonding ability. If a contractor cannot obtain such bonding, it may indicate his or her financial incapacity.
(2) Require that payments be made directly to subcontractors and material suppliers through a joint control. Funding services may be available, for a fee, in your area which will establish voucher or other means of payment to your contractor. These services may also provide you with lien waivers and other forms of protection. Any joint control agreement should include the addendum approved by the registrar.
(3) Issue joint checks for payment, made out to both your contractor and subcontractors or material suppliers involved in the project. The joint checks should be made payable to the persons or entities which send preliminary notices to you. Those persons or entities have indicated that they may have lien rights on your property, therefore you need to protect yourself. This will help to insure that all persons due payment are actually paid.
(4) Upon making payment on any completed phase of the project, and before making any further payments, require your contractor to provide you with unconditional “Waiver and Release” forms signed by each material supplier, subcontractor, and laborer involved in that portion of the work for which payment was made. The statutory lien releases are set forth in exact language in Section 3262 of the Civil Code. Most stationery stores will sell the “Waiver and Release” forms if your contractor does not have them. The material suppliers, subcontractors, and laborers that you obtain releases from are those persons or entities who have filed preliminary notices with you. If you are not certain of the material suppliers, subcontractors, and laborers working on your project, you may obtain a list from your contractor. On projects involving improvements to a single-family residence or a duplex owned by individuals, the persons signing these releases lose the right to file a mechanics’ lien claim against your property. In other types of construction, this protection may still be important, but may not be as complete.
To protect yourself under this option, you must be certain that all material suppliers, subcontractors, and laborers have signed the “Waiver and Release” form. If a mechanics’ lien has been filed against your property, it can only be voluntarily released by a recorded “Release of Mechanics’ Lien” signed by the person or entity that filed the mechanics’ lien against your property unless the lawsuit to enforce the lien was not timely filed. You should not make any final payments until any and all such liens are removed. You should consult an attorney if a lien is filed against your property.