PLUMBING CONTRACT
THIS PLUMBING 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:
Waste Disposal-Public: Private:
Manufacturer, Model Number:
Disposal Field:
Water Supply-Public: Private:
Pressure Reducing Valve-Make & Model:
Gas Supply-Public: Private:
Gas Supply Type/Description Joint Treatment Pipe Size
Main to House
House to Fixtures
Waste Disposal Type/Description Joint Treatment Pipe Size
House to Main or Plant
Under Basement Floor
Above Basement Floor to Toilets
Above Basement Floor to Sinks
Above Basement Floor to
Sump Pump
Venting
Flashing of Vents
Water Supply Type/Description Joint Treatment Pipe Size
Main to House
House to Water Heater
House to Bathrooms
House to Kitchen Sink
House to Refrigerator
House to Dishwasher
House to Ice Maker
Other
Bathroom-Fixtures Model/Description
Master Bath Guest Bath Bath #1 Bath #2
Water Closet
Toilet Seat
Shower
Tub
Tub Faucet & Control Lever
Shower Faucet & Control
Lavatory Faucet & Control
Lavatory
Bidet
Whirlpool/Jacuzzi
Location, Type & Number of:
Water Stops/Shutoffs:
Location, Soft Water:
Exterior Water Faucets:
Fixture Description-Brand Name, Model Number, etc. Size/Other
Kitchen Sink
Kit. Sink Faucet/Control
Waste Disposal
Wet Bar Sink
Bar Sink Faucet/Control
Washer Hook-up
Laundry Tub
Laundry Faucet/Control
Water Heater
Sump Pump
Water Softener
Other
Contractor shall provide all labor and materials, and perform all work nece ssary for
the completion of the residence, structure, or improvements as described in the
drawings and specifications signed by both Owner and Contractor (“Project”) Such
drawings and specifications are hereby made a part of this Contract. Dra wings and
specifications shall contain a scale drawing showing the shape, siz e, and dimensions
of the construction 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
grading on the Work Site as may be required in the judgment of the Contractor to
complete the Project. Unless called for in the drawings or specific ations, 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, t he 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 t he Owner
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, workers compensation and
builder's risk insurance.
7. SURVEY AND TITLE: If the Project is near the Owner’s property boundar y, Owner
will point out property lines to the Contractor. If the Owner or Contractor has an y 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 Contr actor 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 drawings and specifications, from time t o time during the
construction of the Project. However, any such change or modification shal l only be
made by written "Change Order" signed by both parties. Such Change Orders s hall
become part of this Contract. Owner agrees to pay any increase in t he 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 a ll 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
thirty (30) 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 18% of all payments that
are more than thirty (30) days late plus interest at the rate of 18% 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 ne gligence of
the Contractor or its subcontractors, Owner shall pay Contractor for any a dditiona l 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 a ccomplished by
Contractor exceeds 20 percent of the Contract price, either the Contractor or Owne r 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 s hall be void
and of no effect.
13. INTERPRETATION: (a) Interpretation of Documents. The Contract, drawings, and specifications are
intended to supplement one another. In the event of a conflict, the specif ications shall
control the drawings, and the Contract shall control both. If work is displaye d on the
drawings but not called for in the specifications, or if the work is ca lled for in the
specifications but not displayed on the drawings, Contractor shall be requir ed 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 t his
Contract exists between the parties. This Contract may only be modified only 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 Kansas.
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 Contrac t, the prevaili ng 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 t o perform work
pursuant 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 complia nce with
all building codes and applicable laws. To the extent required by law, a ll 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 agrees to repair or replace any defective or malfunctioning
faucets, valves, fixtures, equipment or fittings for a period of year(s). Contractor
agrees to eliminate excessive pipe hammering and repair or replace any soil, wast e,
venting or water piping found to be leaking (except condensation) or improper flow of
supply or effluent due to an obstruction caused by settling or foreign matter in the piping
at the time of installation or infiltrating thereafter, for a period of year(s). Owner
and Contractor agree to inspect all equipment, fixtures, and piping within days
after installation; and Contractor agrees to repair or replace any chips, cracked, defec tive
or otherwise malfunctioning items be found by such inspection. All said defects arising
after year(s) 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.
Kansas law contains important requirements you must follow before you may file a
lawsuit for defective construction against the contractor who constructed your home.
Ninety days before you file your lawsuit, you must deliver to the contractor a
written notice of any construction conditions you allege are defect ive and provide
your contractor the opportunity to make an offer to repair or pay for the d efects.
You are not obligated to accept any offer made by the contractor. There are s trict
deadlines and procedures under state law, and failure to follow them may affect
your ability to file a lawsuit.
AGREED:
CONTRACTOR:
Signature ______________________________
Print Name & Title
________________
Date
_____________________
License Number _______________________________
Name and Address of License Holder
OWNER:
Signature ______________________________
Print Name _______________
Date
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