Terms of Our Contract
All Customers Who Accept Our Estimates Agree to the Following Terms:
PROVISIONS-Unless otherwise specified herein, the following provisions are expressly incorporated into this contract:
1. Order of Precedence, Plans, Specifications, Contract. The work described in this contract shall be done according to the plans and plan specifications (if any) except in the case of conflict when the provisions and content of this contract shall have control over both the plans and the plan specifications. All work will meet applicable state and local codes.
2. Location of Property Lines. Owner is responsible to locate and inform American Concrete & Excavating, LLC of the location of all property lines. American Concrete & Excavating, LLC may require Owner at Owner’s expense, to provide a licensed surveyor’s map of the property showing the relevant property lines.
3. Change Orders. All extra work as well as any other modifications to the original contract shall be specified and approved by both parties in a written change order. All change orders shall become a part of this contract and shall be incorporated herein. Change orders may incur additional charges. Any additional sum shall be paid in full (100%), at the next progress payment due or the final payment due, whichever comes first.
4. Insurance. Owner is responsible to maintain property insurance with Fire, Course of Constructions, all Physical Loss with Vandalism and Malicious Mischief clauses attached, in a sum at least equal to the contract price, prior to and during performance of this contract. If the project is destroyed or damaged by accident, disaster, theft, or vandalism, work or material supplied by American Concrete & Excavating, LLC in reconstructing or restoring the project shall be paid for by Owner as extra work.
5. Delay. American Concrete & Excavating, LLC shall not be held responsible for any damage occasioned by delays resulting from: work done by Owner’s sub-contractors, extra work, act of Owner or Owner’s agent including failure of Owner to make timely progress payments or payments for extra work, shortages of material and/or labor, acts of nature, bad weather, fire, strike, war, governmental regulations, or any other contingencies unforeseen by American Concrete & Excavating, LLC or beyond American Concrete & Excavating, LLC’s reasonable control.
6. Unanticipated Conditions, Existing Defects & Concealed Damage. Expense incurred because of unusual or unanticipated conditions, environmental hazards, concealed damage, or existing defects or code violations, hereinafter collectively called “defects”, which are discovered during the course of work shall be paid for by Owner as extra work. American Concrete & Excavating, LLC is not responsible to repair any such defects and work done by American Concrete & Excavating, LLC to remedy such will only be done as extra work in a written change order.
7. Right to Stop Work. If any payment is not made to American Concrete & Excavating, LLC as per this contract, American Concrete & Excavating, LLC shall have the right to stop work and keep the job idle until all past due progress payments are received.
8. Collection & Legal Fees. Owner agrees to pay to American Concrete & Excavating, LLC, all collection fees and charges including but not limited to all legal and attorney fees that result should Owner default in payment or any other term of this contract including all costs and legal fees associated with American Concrete, Inc’s enforcement of the terms of this contract. Overdue accounts are subject to interest charged at the highest rate allowed by law. If litigation arises out of this contract, prevailing party(ies) are entitled to all legal, arbitration, and attorney fees.
9. Owner Involvement on the Job. Owner understands and agrees that all communications concerning the job status, job changes, pricing, or any other job issues outlined in the this Contract, will only be between the Owner and American Concrete & Excavating, LLC (job superintendent or principals). American Concrete & Excavating, LLC, will not be held liable for any discussions or agreements made between Owner and any other parties including American Concrete & Excavating, LLC-hired sub, suppliers or other employees of American Concrete & Excavating, LLC
10. Returned Checks. Owner understands and agrees that any checks or other medium of payment presented to American Concrete & Excavating, LLC by the Owner, or Owner’s agent, that is returned to American Concrete & Excavating, LLC for insufficient funds, or any other reason that delays the deposit by American Concrete & Excavating, LLC of the monies due as outlined in the payment schedule for this job, will incur an additional charge of $50, plus any and all fees assessed by the bank or other institution handling these monies, an any and all other resultant charges, fees, or late fees, regardless of the reason or extent of those charges or fees.
11. Conditions for Extra Charges Due to Causes Unknown at Time of Proposal. A change order will be issued and an extra charge assessed if any of the following becomes necessary on a job: concrete pumping becomes necessary for whatever reason; de-watering needs to be done due to weather conditions; or if job is scheduled or re-scheduled between the dates of November 1 and March 31 and additional work is necessary due to weather, e.g. blanketing the ground or concrete, or any other work deemed necessary to continue job.
NOTICE OF LIEN RIGHTS. As required by the Wisconsin construction lien law, builder hereby notifies owner that persons or companies furnishing labor or materials for the construction on owner’s land may have lien rights on owner’s land and buildings if not paid. Those entitled to lien rights, in addition to the undersigned builder, are those who contract directly with the owner or those who give the owner notice within 60 days after they first furnish labor or materials for the construction. Accordingly, owner probably will receive notices from those who furnish labor or materials for the construction, and should give a copy of each notice received to the mortgage lender, if any. Builder agrees to cooperate with the owner and the owner’s lender, if any, to see that all potential lien claimants are duly paid.
OWNER’S RIGHT TO CANCEL. Owner has the unconditional right to cancel this contract, without penalty or obligation, until midnight of the third business day (Saturdays count, Sundays and most holidays do not) after signing. Cancellation must be done in writing to cancel this contract. Owner must mail or deliver a signed and dated notice to American Concrete & Excavating, LLC indicating that Owner is cancelling. Your Notice of Cancellation shall be deemed given when deposited in mailbox, properly addressed and with postage prepaid and with the envelope post-marked before midnight of the third business day after the contract date. If you cancel, any property traded in, any payments made by you under the contract or sale, any negotiable instrument executed by you will be returned to you within 10 days following receipt by American Concrete & Excavating, LLC of your cancellation notice and any security interest arising out of the transaction will be cancelled. If you cancel you must make available to American Concrete & Excavating, LLC at your residence in substantially good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of American Concrete & Excavating, LLC regarding the return shipment of the goods at American Concrete & Excavating, LLC’s expense and risk. If you do not make the items available to American Concrete & Excavating, LLC, or you agree to return the items to American Concrete & Excavating, LLC but fail to, then you remain liable for performance of all obligations under the contract.