Fill and Sign the Arizona Contractor Form

- 1 - SITE WORK CONTRACT THIS SITE WORK 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 a t ("Owner"). For valuable consideration the parties hereby agree as follows: 1. SCOPE OF WORK: Site work is the clearing, grubbing and filling of a property and may include foundation pad preparation, compacting and soil boring. Site work services also include, but are not limited to, cleaning and/or removing from building grounds or structures any debris re sultant from any construction project (including concrete, dirt, scrap lumber, plaster drywall, a nd paint, adhesive products from windows, floors, ceramic tile and bathroom fixtures); site demolition; erosion control; grading; excavation; irrigating; and working with site ut ilities, fences, layout, and exterior concrete. Contractor shall provide all necessary site work labor and mat erials, and perform all site work services described above and/or as set forth in the plans and specifications signe d 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 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 pla ns or specifications, no landscaping or finish grading 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 mat erials. 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 shal l 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, filling or other work required by the Owner not s pecified in this agreement other than the usual and customary excavation and grading shal l 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 of the property lines, Owner shall provide Contractor with boundary stakes through a licensed - 2 - surveyor. In addition, Owner shall provide Contractor documentation that Owner has t itle to the Work Site and shall provide Contractor copies of any covenants, conditions, or re strictions 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 ti me 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 C hange 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 whe ther 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: . DEPOSIT AND PROGRESS PAYMENTS (optional) Owner will make an advance deposit in the amount of $__________________, to be paid by __________________ (date). The amount of __________________ will be paid as a progress payment when __________________ (stage of construction at which the contractor will be entitled to collect progress payments during the course of construction under the contract). Contractor shall furnish Owner appropriate releases or waivers of lien for al l 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 thi s Contract. If payment is not made when due, Contractor may suspend work on the job until such time as all payment s due have been made without breach of the Contract pending payment or resolution of any dis pute. Owner agrees to pay a late charge of 1% of all payments that are more than ten (10) day s late plus interest at the rate of 1% per month. - 3 - 11. DESTRUCTION AND DAMAGE : If the Project is destroyed or damaged for any reason, except where such destruction or damage was caused by the sole negli gence of the Contractor or its subcontractors, Owner shall pay Contractor for any additional work done by Contra ctor in rebuilding or restoring the Project to its condition prior to such destruction or damage. If the estimated cost of replacing work already accomplished by Contractor exc eeds 20 percent of the Contract price, either the Contractor or Owner may terminate this Contract. U pon termination by either party, Contractor shall be excused from further performance under this Contract and Owner shall pay Contractor a percentage of the Contract price in proportion to the amount of work accomplished prior to the destruction or damag e. 12. ASSIGNMENT : Neither party may assign this Contract, or payments due under the Contra ct, without the other party’s written consent. Any such assignment shall be void and of no effec t. 13. INTERPRETATION: (a) Interpretation of Documents. The Contract, plans, and specifications are intended to supplement one another. In the event of a conflict, the specifications s hall control the plans, and the Contract shall control both. If work is displayed on the plans but not calle d 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 Contr act exists 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 Arizona. 14. 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 p revailing party in such proceeding shall be entitled to recover reasonable attorney fees and court costs. 15. 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 w ith all building codes and applicable laws. To the extent required by law, all w ork 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 condit ion. 16. 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 - 4 - Contractor. Contractor hereby assigns to Owner all warranties on materia ls as provided by the manufacturer of such materials. AGREED: CONTRACTOR: Signature Print Name & Title Date License Number Name and Address of License Holder OWNER: Signature Print Name Date Notice to Buyer Within two years from the earlier of the close of escrow or actual occup ancy for new home or other new building construction or on completion of the specific project, you hav e a right to file a complaint with the registrar of contractors at http://www.azroc.go v, (602) 542-1525 1-877-MY AZROC (1-877-692-9762 (outside Maricopa County) for the commission of an act in vi olation of Arizona Revised Statutes section 32-1154, subsection A, below. 32-1154. Grounds for suspension or revocation of license; continuing jurisdiction; c ivil penalty; recovery fund award; summary suspension A. The holder of a license or any person listed on a license pursuant to t his chapter shall not commit any of the following acts or omissions: 1. Abandonment of a contract or refusal to perform after submitting a bid on w ork without legal excuse for the abandonment or refusal. 2. Departure from or disregard of plans or specifications or any building codes of the state or any political subdivision of the state in any material res pect which is prejudicial to another without consent of the owner or the owner's duly authorized representative and w ithout the consent of the person entitled to have the particular construction project or opera tion completed in accordance with such plans and specifications and code. 3. Violation of any rule adopted by the registrar. 4. Failure to comply with the statutes or rules governing social sec urity, workers' compensation or unemployment insurance. - 5 - 5. Failure to pay income taxes, withholding taxes or any tax imposed by title 42, chapter 5, articles 1 and 4 and incurred in the operation of the licensed business. 6. Misrepresentation of a material fact by the applicant in obtaining a license. 7. The doing of a fraudulent act by the licensee as a contractor result ing in another person being substantially injured. 8. Conviction of a felony. 9. Failure in a material respect by the licensee to complete a c onstruction project or operation for the price stated in the contract, or in any modification of the contract. 10. Aiding or abetting a licensed or unlicensed person to evade this c hapter, knowingly or recklessly combining or conspiring with a licensed or unlicensed person, all owing one's license to be used by a licensed or unlicensed person or acting as agent, partner, a ssociate or otherwise of a licensed or unlicensed person with intent to evade this chapter. 11. Failure by a licensee or agent or official of a licensee to pa y monies in excess of seven hundred fifty dollars when due for materials or services rendered in connection with the licensee's operations as a contractor when the licensee has the capa city to pay or, if the licensee lacks the capacity to pay, when the licensee has received suf ficient monies as payment for the particular construction work project or operation for which the services or materi als were rendered or purchased. 12. Failure of a contractor to comply with any safety or labor laws or c odes of the federal government, state or political subdivisions of the state. 13. Failure in any material respect to comply with this chapter. 14. Knowingly entering into a contract with a contractor for work to be performe d for which a license is required with a person not duly licensed in the required classificati on. 15. Acting in the capacity of a contractor under any license issued unde r this chapter in a name other than as set forth upon the license. 16. False, misleading or deceptive advertising whereby any member of t he public may be misled and injured. 17. Knowingly contracting beyond the scope of the license or licenses of the licensee. 18. Contracting or offering to contract or submitting a bid while the license is under suspension or while the license is on inactive status. 19. Failure to notify the registrar in writing within a period of fifteen days of any disassociation of the person who qualified for the license. Such license e shall have sixty days from the date of such disassociation to qualify through another person. 20. Subsequent discovery of facts which if known at the time of issua nce of a license or the renewal of a license would have been grounds to deny the issuance or renewal of a license . 21. Having a person named on the license who is named on any other license in this state or in another state which is under suspension or revocation unless the prior revocation was based solely on a violation of this paragraph. 22. Continuing a new single family residential construction project with ac tual knowledge that a pretreatment wood-destroying pests or organisms application was ei ther: (a) Not performed at the required location. (b) Performed in a manner inconsistent with label requirements, state law or rules. 23. Failure to take appropriate corrective action to comply with this chapt er or with rules adopted pursuant to this chapter without valid justification within a re asonable period of time after receiving a written directive from the registrar. The written directiv e shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. - 6 - 24. Prohibit, threaten to prohibit, retaliate, threaten to retaliate or ot herwise intimidate any contractor or materialman from serving a preliminary notice pursuant to section 33-992.01. Signature of Property Owner: __________________________ Signature of Contractor or Designated Representative: __________________________ - 7 - OPTIONAL ADDENDUM - to be used for residential repair or replacem ent of damage resulting directly from a catastrophic storm in a specific area t hat is designated by an insurer, a licensed contractor who enters into a contract for the repair or r eplacement of a residential roof or other repair or replacement within the scope of Chapter 32 of t he Arizona Revised Statutes with a purchaser who resides in the residence or who intends to reside in the residence after the completion of the contract shall include at least the following provision Notice to Homeowner You may cancel this contract at any time within seventy-two hours after you have been notified that your insurer has denied your claim to pay for the goods an d services to be provided under this contract. You may cancel this contract at any time, for any reason, within four busi ness days after signing this contract. If you cancel, any property traded in, any payments made by you under th e contract or sale and any negotiable instrument executed by you will be returned within ten business days following receipt by the seller of your cancellation notice and any security interest arising out of the transaction will be cancelled. If you cancel, you must make available to the seller at your residence in substa ntially as good condition as when received, any goods delivered to you under this con tract or sale; or you may, if you wish, comply with the instructions of the seller regarding th e return shipment of the goods at the seller's expense and risk. If you do make the goods available to the seller and the seller does not pick them up within twenty days of the date of your notice of cancellation, you may retain or dis pose of the goods without any further obligation. If you fail to make the goods available to the s eller, or if you agree to return the goods to the seller and fail to do so, then you remain li able for performance of all obligations under the contract. A copy of a repair estimate has been provided that includes the following disclosur es: (a) A precise description and location of all damage claimed on the repair estimate. (b) For roofing repair or replacement, a detailed description of th e work to be done including the square footage of the repair area or the replacement area. (c) If the damaged areas are not included in the repair estimate, a specification of those areas and any reason for their exclusion from the repair estimate. (d) Whether or not the property was inspected before the preparation of the estimate and the nature of that inspection, specifically whether the roof was physically access ed. (e) That the contractor has made no assurances that the claimed loss w ill be covered by an insurance policy. (f) That the policyholder is responsible for payment for any work p erformed if the insurer should deny payment or coverage for any part of the loss. - 8 - Notice of Cancellation To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram, to ____________________________ {name of seller}, at ____________________________ {address of seller's place of business} not later than midnight of ____________________________ (date). I hereby cancel this transaction. ______________________________ ____________________________ (date) - 9 - Notes for a licensed individual or contractor who prepares a repair estimate for post-storm repai r or replacement services for residential repair or replacement of damage resulting directly from a catastrophic storm in a specific area that is designated by an insurer: A licensed contractor who enters into a contract for the repair or replacement of a reside ntial roof or other repair or replacement within the scope of Chapter 32 of the Arizona Revised Statutes with a purchaser who resides in the residence or who intends to reside in the residence after the completion of the contract must disclose the following information to the insured owner:  A precise description and location of all damage claimed or included on the repair estim ate.  Documentation to support the damage claimed on the estimate, including photographs, digital images or another medium.  A detailed description and itemization of any emergency repairs already completed by the contractor.  If damaged areas are not included in the repair estimate, a specification of thos e areas and any reason for their exclusion from the repair estimate.  A provision stating whether or not the property was inspected before the preparation of the estimate, if the contract is a contract for repair or replacement of a roof, and whethe r the roof was physically accessed.  The contractor has made no assurances that the claimed loss will be covered by a n insurance policy. If an insured owner submits a claim with the insurer for residential repair or replacemen t according to these provisions, the contractor may not begin work on the repair or replacement until the insure r approves or denies the claim except if the work is necessary to prevent further loss. A person who is not licensed pursuant to this chapter and who is not exempt from licensure pursuant to this chapter may not bring a private cause of action to recover monies from a homeowner for any residential repair or replacement that the person does that's covered by ARS Secti on 31-1158.02. Within ten days after a contract has been canceled according to this provision, the contrac tor must tender to the insured owner any payments made by the insured owner and any note or other evidence of indebtedness except that if the contractor has performed any emergency services, the contractor is entitled to receive reasonable compensation for the services if the insured owner has received a detailed description and itemization of the charges for those services. The down payment section on the execution of a contract entered into pursuant to this section shal l not require more than fifty per cent of the total contract. .Any changes, additions or deletions to the work order specified in the original contract shall be included in a written change order that is signed by the homeowner. A contractor shall immediately notify and disclose in writing to the residential owne r of a property or casualty insurance policy any cancellation of the contractor's workers' compensation cove rage. A contractor's failure to comply with this section is grounds for license suspension or revoca tion pursuant to section 32-1154.