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Brick Masonry Contract

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BRICK MASONRY CONTRACT

THIS BRICK MASONRY 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: Brick masonry is the construction process in which mason's tools (including trowels, floats, edgers, jointers, chisels and power concrete mixers), leveling tools and alignment and measuring tools are used to lay uniform solid, hollow or architectural terra cotta units (bricks) in courses with mortar joints that form walkways, driveways, patios, garages, walls, floors or other structures. Brick masonry services include, but are not limited to, making sure masonry material is appropriate for a particular climate; checking with local utility companies to determine the location of underground lines, if applicable; clearing the work area and preparing the site; laying out the project using stakes, strings, and leveling devices; forming concrete foundations and/or installing sand bed or washed concrete sand and crushed stone; compacting soil; mixing and buttering mortar; laying building or face bricks or brick pavers in courses with mortar joints; scoring or cutting bricks into various shapes to fill in spaces; finishing joints and making wall and all other brick sections plumb. Contractor shall provide all necessary brick masonry labor and materials, and perform all brick masonry 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 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, filling or excavation 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, filling 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 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. DESTRUCTION AND DAMAGE: If the Project is destroyed or damaged for any reason, except where such destruction or damage was caused by the sole negligence of the Contractor or its subcontractors, Owner shall pay Contractor for any additional work done by Contractor 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 exceeds 20 percent of the Contract price, either the Contractor or Owner may terminate this Contract. Upon 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 damage.

12. 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.

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 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 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 Alabama.

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 prevailing 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 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.

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 Contractor. Contractor hereby assigns to Owner all warranties on materials 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

Enter text✕
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What a Brick Masonry Contract Covers

A Brick Masonry Contract is a written agreement that sets the scope, price, schedule, materials, and performance standards for brickwork between a property owner and a contractor. It defines deliverables such as wall construction, veneer, repointing, or structural masonry, and allocates responsibilities for permits, inspections, site access, safety, and cleanup. The contract also addresses change orders, payment timing, warranties, and dispute resolution so both parties understand obligations before work begins and can measure performance against defined milestones and specifications.

Why a Clear Contract Matters for Brickwork

A clear contract reduces disputes, establishes payment terms, and documents required materials and workmanship standards. It protects both parties by defining change order processes, warranty coverage, and remedies for delays or defects.

Why a Clear Contract Matters for Brickwork

Who Typically Relies on a Brick Masonry Contract

Property owners, general contractors, masonry subcontractors, and construction managers commonly use this contract to set expectations and protect rights.

  • Property owners and developers who need fixed scopes, milestone payments, and warranty assurance for brickwork.
  • General contractors who subcontract masonry tasks and require clear coordination, insurance, and inspection provisions.
  • Masonry contractors and tradespeople who need defined payment schedules, site requirements, and change order procedures.

Clear role definitions in the contract speed approvals, reduce lien risk, and simplify claims management if disagreements arise.

Core Elements to Include in a Professional Contract

A robust Brick Masonry Contract groups operational, financial, and legal terms so performance and remedies are unambiguous for both parties.

Scope of Work

Precise description of tasks, materials, workmanship standards, drawings, and reference to industry specifications such as ASTM standards where applicable.

Price & Payments

Contract price, unit rates for extras, deposit, progress and final payment terms, retainage percentage, and conditions for withholding payments.

Schedule & Milestones

Start and completion dates, mobilization, critical path milestones, weather allowances, and liquidated damages or delay remedies.

Change Orders

Written change order process with authorization, pricing method, impact on schedule, and documentation required for extra work.

Warranties & Remedies

Warranty period for materials and workmanship, correction procedures, and limits on consequential damages.

Insurance & Liens

Insurance requirements, certificate of insurance, indemnity language, and lien waiver expectations for payments received.

Stepwise Process to Complete the Contract

Follow these steps in order to prepare, review, and execute a enforceable Brick Masonry Contract.

  • 01
    Prepare Documents: Assemble plans, specifications, permits, and insurance certificates.
  • 02
    Define Scope: Write detailed tasks, materials, and workmanship standards.
  • 03
    Agree Pricing: Confirm price, retainage, and payment schedule in writing.
  • 04
    Execute Signatures: Have authorized parties sign and date the contract.

Where to Send, File, and Store the Executed Contract

After signatures, route copies to all parties, retain originals, and store records in secure systems with backup and access controls.

  • Owner Copy: Owner receives a signed copy and any approved change orders.
  • Contractor Copy: Contractor keeps the original signed contract and insurance docs.
  • Project Records: File permits, inspections, and invoices with project documentation.
  • Digital Archive: Store signed PDFs in a secure repository with versioning.

Configuring an Online Signing Workflow

Set up a digital workflow so signatures, attachments, and approvals are tracked automatically and consistently.

Field Configuration
Signature Order Sequential signer routing to ensure owner then contractor signing.
Authentication Email with code or SMS verification for signer identity.
Attachments Allow upload of COIs, permits, and inspection reports.
Audit Trail Capture timestamps, IP, and action logs for each signer.

Digital Signing and Technical Requirements

Choose a platform that supports secure eSignatures, audit trails, and required compliance controls for construction contracts.

  • File Formats: PDF, DOCX supported
  • Integrations: Works with Procore, Google Drive
  • Authentication: Email, SMS, KBA options

Ensure the vendor supports your required integration points, provides tamper-evident signed files, and meets any industry compliance needs before e-executing contracts.

Essential Contract Data Elements

Parties: Owner and contractor names
Scope: Detailed work description
Price: Total, retainage, terms
Schedule: Start and completion dates
Insurance: COI limits and carriers
Signatures: Authorized signer name

Common Risks and Potential Consequences

Payment Delays: Contractor may file a mechanic's lien
Defective Work: Owner may withhold final payment
Permit Issues: Work stoppage or fines
Insurance Gaps: Liability exposure for claims
Unclear Change Orders: Cost and schedule disputes
Noncompliance: Regulatory penalties or rework

Frequent Preparation Mistakes to Avoid

  • Vague scope language that omits material quality or installation tolerances, leading to differing expectations during inspection or warranty claims.
  • Failing to document change orders in writing, which often causes billing disputes and contested schedule impacts on large projects.
  • Omitting insurance or certificate of insurance requirements, exposing owners and contractors to uncovered liability for property damage or injury.
  • Using informal payment terms without retainage language or milestone definitions, increasing the risk of late payments and mechanic's liens.

eSignature Pricing and Feature Comparison

Compare typical starting prices and basic capabilities for eSignature vendors used to execute construction contracts; signNow is listed first per platform comparison rules.

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 free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Typical Contract Dates and Timing Expectations

Track key dates in the contract to manage mobilization, inspections, payments, and warranty periods effectively.

Contract Effective Date:

Specifies when obligations commence; use MM/DD/YYYY format.

Mobilization Deadline:

Date contractor must be on site to begin work or risk liquidated damages.

Progress Payment Dates:

Scheduled milestone dates tied to deliverables and invoice submission.

Substantial Completion:

Date for owner occupancy and start of warranty period.

Final Payment:

Due after punch list completion and release of final lien waivers.

Who Signs and What Authority Is Required

Authorized Contractor Officer

An officer or registered agent with corporate authority should sign for a company. The signer must be authorized in company resolutions or corporate records to bind the business for contract obligations and indemnities.

Property Owner / Authorized Agent

The property owner or an authorized agent with written proof of authority should sign. If a trust or entity owns the property, include documentation showing signatory authority to avoid later challenges.

Real-World Examples of Digital Execution

These examples show how organizations use e-signatures to execute construction and property contracts without in-person meetings.

Optica Ventures LLC

Project documents digitized to reduce turnaround time for approvals and payments

  • Used e-sign links for remote owner approvals during site delays
  • The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers.

Martin Properties

Large multi-site renovations required remote execution across managers

  • Standardized contract templates and e-sign reduced mailing and meeting cycles
  • I can process and execute all of these documents online with 100% compliance and built-in security.

Frequently Asked Questions and Troubleshooting

Answers to common questions about enforceability, signing logistics, notarization, storage, and correcting mistakes in a Brick Masonry Contract.


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