Excavating Service Agreement

EXCAVATING SERVICE AGREEMENT

This Excavating Service Agreement (the "Agreement") is made effective as of by and between Contractor Name: whose principal place of business is located at and Client Name: whose address is .

RECITALS

WHEREAS, Contractor represents that it has the personnel, equipment, licensing, and expertise necessary to perform earthwork, excavation, trenching, grading, and related site preparation work described herein; and

WHEREAS, Client desires to retain Contractor to perform excavation services at the Project Site and Contractor agrees to provide such services subject to the terms and conditions of this Agreement; and

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows.

PROJECT IDENTIFICATION

SCOPE OF WORK

Contractor shall perform excavation and related services at the Project Site. The work shall include, but is not limited to, stripping topsoil, excavation to the elevations specified in project drawings or as directed by Client, trenching for utilities, grading, backfilling, compaction, disposal of excess material, and site restoration in accordance with the specifications set forth below and any attached exhibits.

PERMITS, UTILITIES, AND SITE CONDITIONS

Contractor's obligations are conditioned upon accurate representation of site conditions. Client shall disclose known subsurface conditions, and shall be responsible for locating and marking existing utilities unless otherwise agreed. Contractor will obtain permits when indicated below; otherwise Client will secure required permits and approvals.

Contractor to obtain required permits
Client to obtain required permits

PAYMENT TERMS

All payments are due within days of invoice. Late payments shall accrue interest at % per month (or the maximum allowed by law), calculated monthly on the outstanding balance.

Client shall not withhold payment on account of disputes except for the portion reasonably in dispute; undisputed amounts shall be paid when due. Contractor shall submit substantiating invoices and documentation for work performed.

CHANGES / EXTRA WORK

Any change to the Scope of Work shall be authorized only by a written change order signed by both parties specifying the change in work, adjustment to the Contract Price, and any change in schedule. Contractor shall not be obligated to perform extra work without an executed change order.

TERM AND TERMINATION

The Agreement shall commence on Start Date: and shall continue until Completion Date: unless earlier terminated in accordance with this Section.

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure the breach within days after receipt of written notice specifying the breach. Client may terminate for convenience upon providing days' written notice; Contractor shall be paid for work performed to date plus reasonable demobilization costs and any approved change orders.

INSURANCE AND INDEMNIFICATION

Contractor shall maintain at its expense commercial general liability, automobile liability, workers' compensation, and employer's liability insurance in such limits as customary for the type of work performed. Prior to commencing work, Contractor shall provide certificates evidencing required coverage upon Client's request.

Contractor shall indemnify, defend, and hold Client harmless from and against claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of Contractor's negligence or willful misconduct, except to the extent caused by Client's negligence or breach of this Agreement.

WARRANTY

Contractor warrants that work performed will be of good quality and in accordance with applicable industry standards. Workmanship and materials provided by Contractor are warranted for a period of years from the date of final completion, subject to normal wear and exposure and provided Client gives Contractor prompt written notice of any defect.

CONFIDENTIALITY

Each party shall keep confidential and shall not disclose to third parties any non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure ("Confidential Information"). Confidential Information does not include information that is or becomes publicly available without breach of this Agreement, was already known to the receiving party, or was received from a third party without obligation of confidentiality.

The confidentiality obligations shall survive termination of this Agreement for a period of years.

DISPUTE RESOLUTION & GOVERNING LAW

The parties shall attempt in good faith to resolve disputes arising under this Agreement by negotiation between senior representatives. If the parties cannot resolve a dispute within thirty (30) days of written notice, either party may initiate litigation in the courts located in the state specified below.

NOTICES

Notices to Contractor

Notices to Client

MISCELLANEOUS

Relationship of the parties: Contractor is an independent contractor and neither party is an agent, partner, or joint venturer of the other. Neither party will make commitments on behalf of the other except as expressly authorized in writing.

Severability: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Assignment: Neither party may assign this Agreement or any rights hereunder without the prior written consent of the other party, except that Contractor may assign receivables to lenders.

ENTIRE AGREEMENT

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

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