- 1 - DEMOLITION CONTRACT THIS DEMOLITION CONTRACT (“Contract”), effective as of the date of the last party to sign
below, is between , having an address at
("Contractor") and ,
having an address at
("Owner").
For valuable consideration the parties hereby agree as follows:1. SCOPE OF WORK: Demolition is the process of using wrecking machinery (including
excavators, skid steers, front-end loaders, dozers, cranes, concrete crushing units, trucks and
trailers) to raise, lower, crib, underpin, demolish and move or remove structures, including their
foundations. Demolition services include undermining buildings, razing building walls, loading
materials, sorting steel, compound abatement, tearing out old work to make way for new work
(including concrete reinforcement with wire mesh and rebar, multilayer roofing, trees, stumps,
landscaping and sprinklers and mortar based tile floors and walls) and removing asbestos.
Contractor shall provide all necessary demolition labor and materials, and perform all demolition services described above and/or as set forth in the plans and specifications signed by both Owner
and Contractor (“Project”). Such plans and specifications are hereby made a part of this Contract
and may contain pictures, diagrams or measurements of the work area and equipment together
with a description of the work to be done, materials to be used, and the equipment to be used or
installed.2.WORK SITE: The Project shall be constructed on the property of Owner located at and more
particularly described as ________
(hereafter "the Work Site"). Owner hereby authorizes Contractor to commence and complete the
usual and customary excavation and grading on the Work Site as may be required in the judgment
of the Contractor to complete the Project. Unless called for in the plans or specifications, no
landscaping, finish grading or filling is to be performed at the Work Site by the Contractor.
3. TIME OF COMPLETION: Contractor shall commence the work to be performed under this
Contract on or before and shall substantially complete the work on or before
.
Contractor shall not be liable for any delay due to circumstances beyond its control including
strikes, casualty, acts of God, illness, injury, or general unavailability of materials.
4. PERMITS: Contractor shall apply for and obtain such permits and regulatory approvals as may
be required by the local municipal/county government, the cost thereof shall be included as part of
the Project price.5. SOIL CONDITIONS: Contractor shall have no responsibility for the condition of the soils at the
Work Site. Any excavation or other work required by the Owner not specified in this agreement
other than the usual and customary excavation and grading shall be agreed to in a Change Order
for an amount in addition to the Contract Price. Contractor shall not be responsible for any
damages suffered by Owner as a result of the soil conditions at the Work Site.6.INSURANCE: Contractor shall maintain general liability and workers compensation insurance.7. SURVEY AND TITLE: If the Project is near the Owner’s property boundary, Owner will point
out property lines to the Contractor. If the Owner or Contractor has any doubt about the location
- 2 - of the property lines, Owner shall provide Contractor with boundary stakes through a licensed
surveyor. In addition, Owner shall provide Contractor documentation that Owner has title to the
Work Site and shall provide Contractor copies of any covenants, conditions, or restrictions that
affect the Work Site.8. CHANGES TO SCOPE OF WORK: Owner may make changes to the scope of the work,
including changes to the plans and specifications, from time to time during the construction of the
Project. However, any such change or modification shall only be made by written "Change
Order" signed by both parties. Such Change Orders shall become part of this Contract. Owner
agrees to pay any increase in the cost of the Project as a result of a Change Order. In the event the
cost of a Change Order is not known at the time a Change Order is executed, the Contractor shall
estimate the cost thereof and Owner shall pay the actual cost whether or not it is in excess of the
estimated cost.9. CONTRACT PRICE:{COST PLUS}Owner agrees to pay Contractor the actual cost to Contractor of materials plus the sum of$ for performing the services set forth in the scope of the work. Contractor
shall be paid as follows:
.OR{FIXED FEE}Owner agrees to pay Contractor the sum of $ for performing the services set
forth in the scope of the work. Contractor shall be paid as follows:
.Contractor shall furnish Owner appropriate releases or waivers of lien for all work performed or
materials provided at the time the next periodic payment shall be due.10.LATE PAYMENT/DEFAULT: A failure to make payment for a period in excess of ten (10)
days from the due date shall be deemed a material breach of this Contract. If payment is not made
when due, Contractor may suspend work on the job until such time as all payments due have been
made without breach of the Contract pending payment or resolution of any dispute. Owner agrees
to pay a late charge of 1% of all payments that are more than ten (10) days late plus interest at the
rate of 1% per month.11. ASSIGNMENT: Neither party may assign this Contract, or payments due under the Contract,
without the other party’s written consent. Any such assignment shall be void and of no effect.12.INTERPRETATION:
- 3 - (a)Interpretation of Documents. The Contract, plans, and specifications are intended to
supplement one another. In the event of a conflict, the specifications shall control the plans, and
the Contract shall control both. If work is displayed on the plans but not called for in the
specifications, or if the work is called for in the specifications but not displayed on the plans,
Contractor shall be required to perform the work as though it were called for and displayed in both
documents.(b) Entire Agreement. This Contract constitutes the entire agreement of the parties. No other
agreements, oral or written, pertaining to the work to be performed under this Contract, exist
between the parties. This Contract may only be modified by a written agreement signed by both
parties.(c) Governing Law. This Contract shall be interpreted and governed in accordance with the
laws of the State of North Carolina.13. ATTORNEYS’ FEES AND COSTS: If any party to this Contract brings a cause of action
against the other party arising from or relating to this Contract, the prevailing party in such
proceeding shall be entitled to recover reasonable attorney fees and court costs.14.PERFORMANCE:(a)Contractor may, at its discretion, engage licensed subcontractors to perform work pursuant
to this Contract provided Contractor shall remain fully responsible for the proper completion of
the Project. (b)All work shall be completed in a workman-like manner and in compliance with all
building codes and applicable laws. To the extent required by law, all work shall be performed by
individuals duly licensed and authorized by law to perform said work.(c)Contractor agrees to remove all debris and leave the premises in broom clean condition.15.WARRANTY: Contractor's warranty shall be limited to defects in workmanship within the scope
of work performed by Contractor and which arise and become known within one (1) year from the
date hereof. All said defects arising after one (1) year and defects in material are not warranted by
Contractor. Contractor hereby assigns to Owner all warranties on materials as provided by the
manufacturer of such materials.
- 4 - AGREED:CONTRACTOR:Signature Print Name & Title Date License Number Name and Address of License HolderOWNER:Signature Print Name Date