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Asphalt Repave Agreement

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ASPHALT REPAVE AGREEMENT

This Asphalt Repave Agreement ("Agreement") is entered into between:

Client Name:

Contractor Name:

RECITALS

WHEREAS, Client owns or controls the property located at: (the "Property"); and

WHEREAS, Contractor is duly experienced and licensed to perform asphalt repaving, patching and related pavement work and agrees to perform such work on the Property in accordance with the terms and conditions set forth herein; and

WHEREAS, the parties desire to set forth the scope, schedule, compensation and other obligations associated with the asphalt repave work.

SCOPE OF WORK

Contractor shall furnish all labor, materials, equipment, supervision and incidentals necessary to perform the repave work described below. Work shall conform to industry standards and applicable codes.

Specific inclusions: milling where indicated, base repair, tack coat, application of asphalt overlay, compaction, edge treatment, cleanup and site restoration. Contractor shall obtain permits required for the Work unless otherwise noted below.

PAYMENT TERMS

Late payments shall incur interest at per month (18% per annum) on the unpaid balance, plus any collection costs and reasonable attorneys' fees.

Retainage: of progress payments may be withheld until final acceptance, if specified in the payment schedule.

TERM AND TERMINATION

Commencement Date: . Completion Target Date: .

Either party may terminate this Agreement for material breach if the breaching party fails to cure such breach within the notice period specified above. Upon termination for cause, Client shall pay Contractor for all Work performed and materials furnished to the date of termination, less any offsets for Contractor's breaches.

PERMITS, INSURANCE AND LICENSING

Contractor shall maintain insurance coverage customary for asphalt contractors, including commercial general liability and workers' compensation, and shall furnish certificates on request. Contractor represents that it holds all licenses required to perform the Work. Contractor License Number:

Permit Responsibility: shall obtain required permits. Contractor shall comply with all applicable laws, codes and ordinances.

CHANGE ORDERS

Any modification to the Scope of Work, price, or schedule shall be effective only upon written change order executed by both parties. No oral change orders will be binding.

WARRANTY

Contractor warrants that the asphalt work will be free from defects in workmanship for a period of from final acceptance. Warranty excludes ordinary wear, damage from heavy equipment beyond specified limits, chemical damage, acts of third parties, and conditions caused by underlying structural deficiencies not repaired prior to paving.

CONFIDENTIALITY

Each party agrees to maintain in confidence any non-public business information disclosed by the other party in connection with this Agreement and to use such information solely for performance or enforcement of this Agreement. Confidential information does not include information that becomes publicly available through no fault of the recipient or is required to be disclosed by law, provided the disclosing party is given prompt notice of such required disclosure.

INDEMNIFICATION

Contractor shall indemnify, defend and hold harmless Client and its agents from and against any claims, liabilities, losses, damages and expenses (including reasonable attorneys' fees) arising out of Contractor's negligent acts, omissions or willful misconduct in the performance of the Work. Client shall indemnify Contractor for claims arising from Client-provided information, design or third-party acts.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflicts of law provisions.

ENTIRE AGREEMENT

This Agreement, including referenced attachments and executed change orders, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, whether written or oral. No amendment shall be effective unless made in writing and signed by both parties.

ACCEPTANCE AND FINAL INSPECTION

Upon completion, Client will inspect the Work and either provide written final acceptance or a list of punch list items. Contractor shall correct punch list items within a reasonable period consistent with weather and material availability.

MISCELLANEOUS

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Neither party may assign this Agreement without the other party's prior written consent, except that Contractor may assign to a successor in interest in connection with a sale of substantially all of its assets.

Client / Owner:

By (Signature):

Date:

Contractor:

By (Authorized Signatory):

Date:

Enter text✕

What an Asphalt Repave Agreement Is and When It’s Used

An Asphalt Repave Agreement is a written contract that sets the scope, price, timeline, and responsibilities for resurfacing or repaving asphalt on private or public property. It defines the parties (owner and contractor), the work to be performed (demolition, grading, base repair, paving, striping), quality standards (mix design, compaction, tolerance), payment terms, insurance and bonding requirements, and dispute resolution. The agreement helps manage project risk by documenting inspection points, change order procedures, warranty terms, and acceptance criteria before work begins. Well-drafted agreements reduce scope disputes and support lien and warranty enforcement where necessary.

Why a Clear Asphalt Repave Agreement Matters

A clear, written agreement aligns owner and contractor expectations, establishes measurable acceptance criteria, and protects both parties with defined remedies, payment milestones, and insurance requirements. This reduces disputes, supports mechanic’s lien enforcement or defense, and speeds project closeout.

Why a Clear Asphalt Repave Agreement Matters

Who Typically Prepares and Signs This Agreement

Identifying the correct preparer and signers up front avoids delays and ensures the document binds the proper parties.

  • Property owners and property managers who commission repaving work for parking lots, driveways, and private roads.
  • General contractors and paving subcontractors who perform paving, grading, or base repair on commercial or municipal projects.
  • Facilities teams, HOAs, government procurement officers and construction managers overseeing public works or maintenance contracts.

Typical Signatories and Their Roles

Property Owner

The legal owner or authorized property manager who approves scope, signs for final acceptance, and authorizes payments. The owner must confirm insurance and lien waiver expectations and provide access or permits as required; mismatches of authority can void payment provisions or delay work.

Contractor Representative

An officer or project manager authorized to bind the contractor, responsible for performance, compliance with specifications, and securing subcontractor waivers. The signer should be the person listed in corporate records or hold written authorization to avoid enforceability issues.

Core Clauses Every Asphalt Repave Agreement Should Include

A professional agreement balances scope detail, risk allocation, schedule controls, and payment structure to reduce ambiguity and speed dispute resolution.

Scope of Work

Precise description of tasks (mill and overlay, full-depth removal, base repair), materials (mix type, thickness), and measurable acceptance criteria to avoid scope disputes and change order ambiguity.

Price and Payment

Contract price, unit rates for additional work, retainage if any, payment schedule, invoicing instructions, and conditions for final payment and release of retainage.

Schedule and Milestones

Start and completion dates, interim milestones, weather delay handling, liquidated damages or incentives, and required notifications for delays.

Insurance and Bonds

Minimum general liability, automobile, workers’ compensation limits, and performance/payment bond requirements when applicable to secure owner recovery and compliance.

Warranties and Repair

Contractor warranties on materials and workmanship, warranty period, procedures for repair claims, and responsibility for corrective work and costs.

Change Orders & Disputes

Written change order process, approval authority, pricing methodology for extras, termination rights, and governing law or dispute resolution method.

Step-by-Step: How to Complete the Agreement

Follow a consistent sequence to reduce errors and ensure the agreement is enforceable and actionable.

  • 01
    Gather project details: Collect plans, specs, and permits before drafting.
  • 02
    Draft scope and price: Write a detailed scope and set payment terms clearly.
  • 03
    Confirm insurance and bonds: Verify certificates and bond requirements.
  • 04
    Sign and distribute: Obtain authorized signatures and share executed copies.

How to Configure an Online Workflow for This Agreement

Set up an electronic workflow that mirrors your approval and inspection milestones to keep the project on schedule.

Field Configuration
Signature Order Owner first, contractor second
Authentication Level Email + SMS code for higher assurance
Conditional Fields Show change order fields only after 'Change' checkbox
Document Retention Store signed PDF and audit trail

Where to Send or File the Executed Agreement

Determine distribution and filing destinations in advance to streamline recordkeeping and lien processes.

  • Owner File: Owner keeps original signed contract.
  • Contractor File: Contractor retains executed copy and warranties.
  • Permits Office: Submit copies if local permit requires contract on file.
  • Lien Record: Use county recorder if filing a mechanic’s lien.

Electronic Delivery and Format Considerations

Maintain a signed PDF with an attached audit trail and store backups in your document management system for easy retrieval.

  • File Types: PDF, DOCX supported
  • Integrations: Connectors for project systems
  • Authentication: Email, SMS, KBA options

Key Timing Considerations and Deadlines

Track dates that affect payment, warranty, and lien rights to avoid financial or legal exposure.

Effective Date:

Date obligations and warranty periods begin

Start/Completion Dates:

Contractor mobilization and final completion

Invoice Due Dates:

Payment windows (e.g., Net 30)

Lien Deadline:

State timing for mechanic’s lien filing

Warranty Deadline:

End of contractor warranty period

Project Milestones From Contract to Closeout

A typical repave project follows sequential milestones; track each to coordinate inspections and payments.

01

Contract Execution

Agreement signed and bonds/insurance verified.

02

Pre-Construction Check

Site access, permits, and utility locates completed.

03

Paving Operations

Mill/remove, repair base, and place new asphalt.

04

Final Acceptance

Owner inspection, punchlist, and final payment release.

Common Mistakes to Avoid When Preparing the Agreement

  • Vague scope descriptions that leave critical tasks unspecified and trigger disputes over extras or pricing.
  • Missing inspection or acceptance criteria which leads to disagreements about whether work meets contract standards.
  • Failing to verify contractor insurance and bonds before mobilization, leaving the owner exposed to claims.
  • Not documenting change orders in writing with price and schedule impact, producing payment and timeline conflicts.

Risks and Potential Consequences of an Incorrect Agreement

Payment Delay: Late or withheld payments
Liability Exposure: Uninsured claims risk
Lien Loss: Missed lien deadlines
Warranty Gaps: No enforceable remedy for defects
Contract Disputes: Costly arbitration or litigation
Regulatory Fines: Permit or code violations

eSignature Vendor Pricing Snapshot Relevant to Agreement Signing

Common vendor price and feature differences that affect contract execution and secure storage; signNow appears first for vendor comparison.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Security and Compliance Considerations for Electronic Signing

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Certifications: SOC 2 Type II and ISO 27001
Legal Frameworks: ESIGN and UETA compliant
Healthcare: HIPAA support (BAA required)
Audit Trail: Timestamps, IP, and action history
Accessibility: WCAG 2.0 Level AA support

How to Download, Save, and Manage Executed Agreements

Preserve signed contracts as tamper-evident PDFs and store them in document management systems with version control and backups.

Download Format

Save a signed PDF/A copy that includes an embedded audit trail and visible signature blocks to maintain a reliable record for enforcement.

Cloud Storage

Store executed copies in secure cloud storage integrated with your project management system to streamline retrieval during claim or warranty periods.

Local Backup

Keep an encrypted local backup in addition to cloud copies to ensure access if cloud accounts change or access is restricted.

Version Control

Retain original executed agreement plus any signed change orders and attach them to the primary contract record for a single source of truth.

Practical Tips for Accurate and Efficient Completion

Small administrative steps reduce risk and speed approvals on repave projects.

Use defined acceptance criteria
Include measurable tolerances for surface smoothness, compaction, and mix design so inspections are objective and reduce subjective disputes during final acceptance.
Attach plans and specs
Reference and attach drawings, material specifications, and test methods as exhibits to prevent scope misunderstandings and to form the basis for inspections.
Require certificates before mobilization
Verify insurance certificates, bonds, and any required licenses prior to work starting to avoid interruptions and financial exposure.
Document changes immediately
Execute written change orders for any scope or price modifications, including signatures from authorized parties, before work continues.

Frequently Asked Questions About Asphalt Repave Agreements

Answers to common practical and legal questions encountered when preparing, signing, and storing repave contracts.


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