Contractor Terms

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 at ("Owner").

For valuable consideration the parties hereby agree as follows:

1. LIST OF DOCUMENTS TO BE INCORPORATED INTO THIS CONTRACT:

1. Oregon Construction Contractors Board Recommended Contract Addendum to Satisfy Contract Terms Requirement- OAR 812-012-0110

2. Consumer Protection Notice

3. Notice of Right to a Lien

4. Information Notice to Owner About Construction Liens

5. Maintenance Information and Schedule

6. Notice of Procedure

7. Notice of Compliance with the Homebuyer Protection Act (HPA)

The above-mentioned documents are hereby incorporated in and made part of this Contract.

2. 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 resultant from any construction project; site demolition; erosion control; grading; excavation; irrigating; and working with site utilities, fences, layout, and exterior concrete.

Contractor shall provide all necessary site work labor and materials, and perform all site work services described above and/or as set forth in the plans and specifications signed by both Owner and Contractor ("Project").

3. WORK SITE: The Project shall be constructed on the property of Owner located at and more particularly described as (hereafter "the Work Site").

4. 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 .

5. 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.

6. 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.

7. INSURANCE: Contractor shall maintain general liability and workers compensation insurance.

8. 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.

9. CHANGES TO SCOPE OF WORK: Any change or modification shall only be made by written "Change Order" signed by both parties.

10. 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.

11. 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. 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.

12. DESTRUCTION AND DAMAGE: If the Project is destroyed or damaged for any reason, 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.

13. ASSIGNMENT: Neither party may assign this Contract, or payments due under the Contract, without the other party’s written consent.

14. INTERPRETATION:

(a) Interpretation of Documents. The Contract, plans, and specifications are intended to supplement one another.

(b) Entire Agreement. This Contract constitutes the entire agreement of the parties.

(c) Governing Law. This Contract shall be interpreted and governed in accordance with the laws of the State of Oregon.

15. 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 shall be entitled to recover reasonable attorney fees and court costs.

16. PERFORMANCE:

(a) Contractor may engage licensed subcontractors to perform work pursuant to this Contract.

(b) All work shall be completed in a workman-like manner and in compliance with all building codes and applicable laws.

(c) Contractor agrees to remove all debris and leave the premises in broom clean condition.

17. 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.

NOTICES TO OWNER

CCB Recommended Contract Addendum to Satisfy Contract Terms Requirement

OAR 812-012-0110

1. List of Required Construction Contractor Board (CCB) Consumer Notices

Oregon law requires construction contractors to give homeowners certain notices before and during a construction project.

2. Explanation of Property Owner’s Rights

a. Consumers have the right to receive the products and services agreed to in the contract.

b. Consumers have the right to resolve disputes through means outlined in the contract.

c. Consumers have the right to file a complaint with the CCB.

3. Arbitration/Mediation Clause

The following box should be checked by the contractor:

This contract contains an arbitration or mediation clause.

This contract DOES NOT contain an arbitration or mediation clause.

4. Offer of Written Warranty (New Residential Structure Only)

Purchaser acknowledges the contractor has offered warranty against defects in materials and workmanship to the purchaser.

Buyer has accepted or rejected the offer of warranty. (see appendix in contract.)

Consumer Protection Notice

Actions to help make your project successful

(ORS 701.330 (1))

Oregon law requires contractors to provide the homeowner with this notice at the time of written contract, for work on a residential structure.

START OUT YOUR PROJECT RIGHT

1. Make sure your contractor is properly licensed before you sign a contract.

2. What you should know about bids, contracts, and change orders.

3. Additional contract information you should know.

4. If you should have a problem with your contractor.

NOTICE OF RIGHT TO A LIEN

WARNING: READ THIS NOTICE. PROTECT YOURSELF FROM PAYING ANY CONTRACTOR OR SUPPLIER TWICE FOR THE SAME SERVICE.

To: Date of mailing:

Owner's address:

This is to inform you that has begun to provide ordered by for improvements to property you own.

The property is located at .

This notice has been sent to you by:

NAME:

ADDRESS:

TELEPHONE:

INFORMATION NOTICE TO OWNER ABOUT CONSTRUCTION LIENS

Job Site Address:

MOISTURE INTRUSION & WATER DAMAGE INFORMATION FOR HOME OWNERS

Effective July 1, 2008, contractors that build new homes must provide special information to homebuyers about moisture intrusion and water damage, and provide a home maintenance schedule.

RECOMMENDED MAINTENANCE SCHEDULE FOR HOMEOWNERS

Maintenance items include caulking/weather-stripping, debris removal, foundation checks, gutters & downspouts, landscaping sprinklers, mortar, paint, roof, trees & shrubs, ventilation systems, and water stains.

Maintenance Log

NOTICE OF PROCEDURE REGARDING RESIDENTIAL CONSTRUCTION ARBITRATIONS AND LAWSUITS

Before you start an arbitration or court action, you must deliver written notice of defective conditions, allow inspection/testing, and provide an opportunity to repair or pay for defects.

NOTICE OF COMPLIANCE WITH THE HOMEBUYER PROTECTION ACT (HPA)

In compliance with Oregon law, the below mentioned Seller has selected to comply with the requirements of ORS 87.007.

1. ADDRESS or DESCRIPTION OF PROPERTY

Address or Location City, State Zip Code

2. DATE OF PURCHASE (CHOOSE ONE)

A. ORS 87.007 does not apply to the sale of the above described Property.

B. ORS 87.007 applies to the sale of the above described Property. Seller complied by checking one:

Title Insurance

Retained in Escrow not less than 25 percent of the sale price

Bond or Letter of Credit

Written Waivers received from every person claiming a lien

Completed Sale After the Deadline for perfecting liens

3. SELLER INFORMATION

Company Name (if applicable)

Agent of Company or Individual Seller

Title of Company Agent (if applicable)

Signature

Date

4. BUYER INFORMATION

Buyer Name

Agent of Company or Individual Buyer

Title of Company Agent (if applicable)

Signature

Date