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Where can I find a template for excavation contract?

Discussion in 'In the Office' started by 773, Apr 11, 2016.

  1. 773

    773 Member

    Joined:
    Jul 12, 2012
    Messages:
    7
    Location:
    Palo Alto
    Where can I find a template for excavation contract?

    I do hourly work, i am looking for wording regarding exclusions. For example: not responsible for broken pipes, set up charges charges, late payment,ect....

    THANKS
     
  2. 773

    773 Member

    Joined:
    Jul 12, 2012
    Messages:
    7
    Location:
    Palo Alto
    I am owner/ operator that mostly does residential excavation.
    I am looking for ideas for exemptions regarding wording for excavation contracts: Not responsible for hazmat, broken pipes, silt fencing ect..... Any ideas? Thanks Tim
     
  3. RBMcCloskey

    RBMcCloskey Senior Member

    Joined:
    May 5, 2011
    Messages:
    369
    Occupation:
    Heavy Construction Contractor
    Location:
    New Jersey
    Exclusions:
    1. All Bonds
    2. Permits and Fees
    3. Site Security Fencing and Gates
    4. Moving Site Security fencing for others.
    5. Hazardous Materials, Testing, Removal and Disposal
    6. Removal and Disposal of Unsuitable Materials below subgrades, except those detailed in the Geotechnical Report
    7. Testing; soils, compaction and materials.
    8. Maintenance and Protection of Traffic for others.
    9. Asphalt Paving on and Off-Site.
    10. Pumping and dewatering systems.
    11. Rock Excavation and disposal
    12. Excavation and Backfill for other trades.
    13. All underground utilities are to within 5.0 LF of the Building, Fire Protection Line terminates at the riser flange at floor level inside the building wall.
    14. Sidewalks around the Building.
    15. Landscaping and Plantings
    16. Temporary Seeding and mulching of disturbed areas.
    17. Repair or relocation of any on-site utilities not shown on the plans.
    18. Signs, Fences & Gates, Guard Rail, Pavement Markings and Site Furnishings
    19. Winter Conditions for Asphalt, Concrete and Earthwork.
    20. Porous Fill under the slab-on-grade.


    Assumptions:
    1. All on-site excavation is suitable for on-site embankments, as indicated by the project geotechnical report.
    2. All UST’s and Piping have been removed by others.
    3. All Hazardous Materials have been removed by others.
    4. No Maintenance and Protection Traffic Plan is required, as none is included in the project documents.
    5. All Permits, Fees, Road Opening Permits, Soil removal permits are to be obtained and paid for by others.
    6. WHO YOU ARE WORKING FOR will provide and timely update, a project schedule to YOUR COMPANY
    7. All work is to be performed by Grabowski Construction Inc. is on a Non-Union basis.
    8. YOUR COMPANY will provide all pavement patching for their work only.

    This is only a basis for exclusions. Any contract must be drafted by an Attorney licensed in your state. He can make up a document that you just fill in the information for each project. Your proposal must outline the scope of work you are performing and the cost for each item of work in detail.
    Also, in the contract your attorney drafts, make sure the following are included:
    1) Your Insurance Requirements.
    2) Payment terms, such as "this contractor shall prepare a payment estimate each month and present it to "who you are working for" on the 25th of each month, projected through the last day of that month. Who you are working for shall include this amount in his monthly requisition to the owner and pay "you" within 5 days of receipt of payment from the owner. Who you are working for can not hold as retainage a percentage greater than the owner hold from him.
    3) NO EXTRA OR ADDITIONAL WORK SHALL BE DONE WITHOUT A WRITTEN CHANGE ORDER TO THIS CONTRACTOR SIGNED BY THE OWNER, detailing the scope of the additional work, the extension to the contract time to perform the work and the time and method of payment for the work.
    4) NO ARBITRATION FOR THE SETTLEMENT OF DISPUTES, it is as expensive as sin and takes much too long.
    5) Add that attorney fees and reasonable expenses are to be included in the claim amount and paid by you advisory.
     
    Last edited: Apr 12, 2016
  4. Twisted

    Twisted Senior Member

    Joined:
    Oct 29, 2007
    Messages:
    379
    Location:
    MN
    Exclusions and LLC's mean nothing now. Don't screw up and carry GOOD insurance. There are people looking for a chance to live off of you. It's not cheap but worth it if you don't want to loose everything you own. Your house, truck, machines and even your kids will be on the table if you end up in court. GET INSURED!
     
  5. 773

    773 Member

    Joined:
    Jul 12, 2012
    Messages:
    7
    Location:
    Palo Alto
    Thanks!

    Thanks!
     
  6. CM1995

    CM1995 Super Moderator

    Joined:
    Jan 21, 2007
    Messages:
    8,502
    Occupation:
    Running what I brung and taking what I win
    Location:
    Alabama
    RBM that's a great list. My proposals include much of what you've written. I would add "no topsoil import or re-spread is included", on-site material to be used to backfill curbs and final grade to 1/10th of a foot.

    I've been burned on the topsoil before. If it's in my contract the landscaper shows up thinking all they have to do is start slinging sod.

    773, if you are signing a GC contract make sure your exclusions, assumptions and quantities are included in their contract. More than once I've had to show the super the contract with my scope of work and exclusions when they want you to do something "extra".

    I include unit prices per CY for export of unsuitable materials and import of engineered fill.
     
  7. 773

    773 Member

    Joined:
    Jul 12, 2012
    Messages:
    7
    Location:
    Palo Alto
    Thanks
     
  8. dayexco

    dayexco Senior Member

    Joined:
    May 21, 2005
    Messages:
    1,215
    Location:
    south dakota
    here's one i made up, i just paste in my excel spreadsheet for quantities/unit prices and totals.
     

    Attached Files:

  9. 773

    773 Member

    Joined:
    Jul 12, 2012
    Messages:
    7
    Location:
    Palo Alto
    Thanks!
     
  10. 773

    773 Member

    Joined:
    Jul 12, 2012
    Messages:
    7
    Location:
    Palo Alto
    I just opened this for review...Thanks