Fill and Sign the Electrical Contract for Contractor New York Form

ELECTRICAL CONTRACT THIS ELECTRICAL 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: Contractor shall provide all labor and materials, and perform all work necessary for the completion of the residence, structure, or improvements as described in the drawings and specifications signed by both Owner and Contractor (“Project”) and more particularly described as             Such drawings and specifications are hereby made a part of this Contract. Drawings and specifications shall contain a scale drawing showing the shape, size, 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. Service as per specifications from Electric Company-Overhead:       Underground:       Panel Box Manufacturer & Size:       No. of 14/2 Circuits:       No. of 12/2 Circuits:       No. of Power Circuits:       Copper Wire:       Aluminum Wire:       Conduit Material & Size:       Model of Switches:       Receptacles:       Cover Plates:       Maximum Number of Outlets per Circuit 14/2 with ground:       12/2 with ground:       DESCRIPTION Breaker Size Wire Size #/Type of Switches # of Lights Amount WIRING:                               OPENINGS: (Receptacles, Switches, Fixtures)                               TELEPHONE: (Prewire & Jack Installation)                               CABLE PREWIRE:                               DOOR BELL/CHIMES:                               SMOKE DETECTORS:                               GARAGE DOOR SENSORS:                               - 1 - GROUND FAULT INTERRUPTS:                               GAS FURNACE:                               ELECTRIC FURNACE:                               ELECTRIC WATER HEATER:                               ELECTRIC DRYER:                               A/C HEAT PUMP:                               THERMOSTAT                               HOOD/FAN                               DISHWASHER                               RANGE:                               COOK TOP:                               WALL OVEN:                               ROOM Plugs Switc h Light s Phon e TV GFI Smo ke Fan AMOU NT KITCHEN                                                              DINING ROOM                                                              LIVING ROOM                                                              FAMILY ROOM                                                              BREAKFAST AREA                                                              UTILITY ROOM                                                              STORAGE ROOM                                                              MASTER BEDROOM                                                              BEDROOM #1                                                              BEDROOM #2                                                              GARAGE                                                              BASEMENT                                                              - 2 - CLOSET #1                                                              CLOSET #2                                                              CLOSET #3                                                              CLOSET #4                                                              CLOSET #5                                                              CLOSET #6                                                              HALLWAY                                                              FOYER                                                              ATTIC                                                              MASTER BATHROOM                                                              BATHROOM #1                                                              BATHROOM #2                                                              BATHROOM #3                                                              BATHROOM #4                                                              FIXTURES: ROUGHIN FIXTURES       TRIM OUT FIXTURES       TOTAL:       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 drawings or specifications, no landscaping, finish grading, filling or excavation is to be performed at the Work Site by the Contractor. 3. IDENTIFYING INFORMATION: (a) Full name and address of the owner(s) of the existing structure or new structure indicated in - 3 - Section 3(c) below:             (b) Full name and address of the owner(s) of the land if different from the owner(s) of the structure listed above:             (c) Location of the above mentioned structure indicated by one of the following: (i) Street address; (ii) section, block, and lot numbers; or (iii) reference to a deed book and page number:             In the event the names or address of the persons indicated in 3(a) or 3(b) above change, such persons shall notify the Contractor within five (5) days of such change in writing, by certified mail, to the address set forth above. 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       . 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. Completion by the definite date of _______________________ is of the essence. 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 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. 7. INSURANCE: Contractor shall maintain general liability, workers compensation and builder's risk 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: Owner may make changes to the scope of the work, including changes to the drawings 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 - 4 - 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. 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. 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. 12. 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. 13. 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. - 5 - 14. INTERPRETATION: (a) Interpretation of Documents. The Contract, drawings, and specifications are intended to supplement one another. In the event of a conflict, the specifications shall control the drawings, and the Contract shall control both. If work is displayed on the drawings but not called for in the specifications, or if the work is called for in the specifications but not displayed on the drawings, 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 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 New York. 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 in such proceeding shall be entitled to recover reasonable attorney fees and court costs. 16. PERFORMANCE: (a) Contractor may, at its discretion, engage licensed subcontractors to 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 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. 17. WARRANTY: Contractor agrees to repair or replace any defective or malfunctioning switches, outlets, breakers, trim fittings, and equipment or fixtures (supplied as part of this contract and listed herein) for a period of       , unless the manufacturer’s warranty is less than       . Contractor agrees to repair or replace any wiring that fails to carry its designed load for a period of       . Builder agrees to inspect all fixtures within       days after installation. If the inspection finds any chips, cracked, or otherwise defective fixtures, equipment, wiring, switches, or covers, then Contractor shall repair or replace same. Contractor shall not be responsible after the above- stated period. Contractor shall not be responsible for Owners’/Builders' negligence. In the event, a substantial part of the system fails to normally operate within the above warranty period and through fault of Contractor, then Contractor agrees to repair or replace within       hours of notice, weather and availability of materials permitting. Contractor hereby assigns to Owner all warranties on materials as provided by the manufacturer of such materials. NOTICES TO OWNER Any contractor, subcontractor, or materialman who provides home improvement goods or services pursuant to your home improvement contract and who is not paid may have a valid - 6 - legal claim against your property known as a mechanic's lien. Any mechanic's lien filed against your property may be discharged. Payment of the agreed-upon price under the home improvement contract prior to filing of a mechanic's lien may invalidate such lien. The owner may contact an attorney to determine his rights to discharge a mechanic's lien. The home improvement contractor is legally required to deposit all payments received prior to completion in accordance with subdivision four of section seventy-one-a of the lien law and that, in lieu of such deposit, the home improvement contractor may post a bond, contract of indemnity or irrevocable letter of credit with the owner guaranteeing the return or proper application of such payments to the purposes of the contract. However, if the contract provides that the home improvement contractor will be paid on a specified hourly or time basis for work that has been performed or charges for materials that have been supplied prior to the time that payment is due, such payments for such work or materials shall not be deemed to be progress payments and shall not be required to be deposited. AGREED: CONTRACTOR: Signature       Print Name & Title       Date       License Number       Name and Address of License Holder       Phone Number of License Holder OWNER: Signature       Print Name       Date - 7 - * Optional notice required only for home solicitation sales: NOTICE TO BUYER YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT. REFUND TERMS: _____________________________ NOTICE OF CANCELLATION _____________________________ (enter date of transaction) (Date) _____________________________ YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE. IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN 10 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 SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE 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 DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT. 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 _____________________________ (Place of Business) NOT LATER THAN MIDNIGHT OF _____________________________ (Date) _______________________________ - 8 - I HEREBY CANCEL THIS TRANSACTION. ________________________ (Date) ______________________________ (Buyer's Signature) (Seller must complete both copies by entering the name of the seller, the address of the seller's place of business, the date of the transaction, and the date, not earlier than the third business day following the date of the transaction, by which the buyer may give notice of cancellation.) - 9 - NOTICE OF CANCELLATION _____________________________ (enter date of transaction) (Date) _____________________________ YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE. IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN 10 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 SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE 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 DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT. 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 _____________________________ (Place of Business) NOT LATER THAN MIDNIGHT OF _____________________________ (Date) _______________________________ I HEREBY CANCEL THIS TRANSACTION. ________________________ (Date) ______________________________ (Buyer's Signature) (Seller must complete both copies by entering the name of the seller, the address of the seller's place of business, the date of the transaction, and the date, not earlier than the third business day following the date of the transaction, by which the buyer may give notice of cancellation.) - 10 -