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Excavation Backfill Grading and Hauling Contract

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EXCAVATION, BACKFILL, GRADING, AND HAULING CONTRACT

THIS EXCAVATION, BACKFILL, GRADING, AND HAULING CONTRACT ("Contract"), effective as of the date of the last party to sign below, is between ("Contractor") and

having an address at

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.

(a) Contractor shall maintain continuous responsibility for proper placement of all bench marks, monuments and reference points and leave the trees, landscaping at the project work site reasonably undamaged.

(b) Contractor shall ensure access of workmen with concrete trucks to the foundation area by storing the topsoil and stockpile backfill taken from all excavated areas at

(c) Excavation shall be to undisturbed soil and all material of every description existing in the excavation area to the depth of . Maximum allowable excavation grade variance will be inches over each excavated level (if more than one) to allow for rainfall and normal water drainage.

(d) Basement excavations will have approximately inches overdig of the dwelling footing dimensions and establish a degree bank slope to prevent cave-in and allow for installation of footings, foundation walls, piers, drain tile and gravel.

(e) Contractor shall remove all unsuitable earth materials, topsoil and vegetation from excavated areas receiving fill and place fill gravel in sub-grade concrete floor, patio, driveway, sidewalk, and front stoop areas as indicated on the to ensure no settlement.

(f) Contractor will use only backfill material that is reasonably free from roots, debris, rocks larger than inches in diameter and; and deposit backfill material in inch layers against foundation walls in such manner to avoid wall damage and to ensure minimum settlement.

(g) Contractor shall rough grade the dwelling project area to inches below the finished grade elevation.

(h) Contractor shall use to bring the dwelling project area to finished grade elevation that ensures proper water drainage away from the dwelling.

(i) If any rocks larger than are discovered during excavation, Contractor shall place such sized rocks in the

(j) Contractor shall notify of unusual digging or soil conditions.

(k) Interior areas shall be backfilled as instructed by Owner to reduce settling.

(l) Owner will be responsible for providing hand labor, bracing, guard rails, fencing and other items necessary for the protection of the workmen and public.

(m) Prior to backfilling and grading Owner shall be responsible for removing all construction debris from all excavated and fill areas including but not limited to foundation and concrete flat work forming materials; dewatering, removing old materials, fences and from the site.

2. WORK SITE: The Project shall be constructed on the property of Owner located at

particularly described as and more ("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

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. INSURANCE: Contractor shall maintain general liability, workers compensation and builder's risk insurance.

6. 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.

7. 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 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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 Arkansas.

13. 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.

14. 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.

15. 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 from the date hereof. All said defects arising after and defects in material are not warranted by Contractor. Owner agrees to inspect the work with Contractor within day(s) following completion of each excavation, backfilling and grading and phase and make a written record of any defects. Contractor shall not be responsible for Owners'/Builders' negligence. Contractor agrees to correct immediately, weather permitting, any defects in the excavation, backfilling or grading work discovered to be due to fault of 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

NOTICE OF CANCELLATION

(Enter date of transaction)

You are entitled to cancel the agreement or offer referred to above at any time prior to midnight of the third day, excluding Sundays and holidays, after the day you signed the agreement or offer. In the event you cancel, the seller must return to you (1) any payments made; (2) any goods or other property (or a sum equal to the amount of the trade-in allowance given therefor); and (3) any note or other evidence of indebtedness, given by you to the seller pursuant to or in connection with the agreement or offer. After cancellation, the seller is entitled to receive back from you at your address any goods previously delivered by him or her to you in substantially the same condition as delivered, providing he or she has returned any payments and goods or other property received from you, to the extent indicated above. If the seller does not call for his or her goods at your address within twenty (20) days after you give notice of cancellation, you may keep them as your own.

TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE TO

AT

NOT LATER THAN MIDNIGHT OF

(Date)

I HEREBY CANCEL THIS TRANSACTION.

(Buyer's signature)

IMPORTANT NOTICE TO OWNER

I UNDERSTAND THAT EACH PERSON SUPPLYING MATERIAL OR FIXTURES IS ENTITLED TO A LIEN AGAINST PROPERTY IF NOT PAID IN FULL FOR MATERIALS USED TO IMPROVE THE PROPERTY EVEN THOUGH THE FULL CONTRACT PRICE MAY HAVE BEEN PAID TO THE CONTRACTOR. I REALIZE THAT THIS LIEN CAN BE ENFORCED BY THE SALE OF THE PROPERTY IF NECESSARY. I AM ALSO AWARE THAT PAYMENT MAY BE WITHHELD TO THE CONTRACTOR IN THE AMOUNT OF THE COST OF ANY MATERIALS OR LABOR NOT PAID FOR. I KNOW THAT IT IS ADVISABLE TO, AND I MAY, REQUIRE THE CONTRACTOR TO FURNISH TO ME A TRUE AND CORRECT FULL LIST OF ALL SUPPLIERS UNDER THE CONTRACT, AND I MAY CHECK WITH THEM TO DETERMINE IF ALL MATERIALS FURNISHED FOR THE PROPERTY HAVE BEEN PAID FOR. I MAY ALSO REQUIRE THE CONTRACTOR TO PRESENT LIEN WAIVERS BY ALL SUPPLIERS, STATING THAT THEY HAVE BEEN PAID IN FULL FOR SUPPLIES PROVIDED UNDER THE CONTRACT, BEFORE I PAY THE CONTRACTOR IN FULL. IF A SUPPLIER HAS NOT BEEN PAID, I MAY PAY THE SUPPLIER AND CONTRACTOR WITH A CHECK MADE PAYABLE TO THEM JOINTLY.

SIGNED:

ADDRESS OF PROPERTY

DATE:

I HEREBY CERTIFY THAT THE SIGNATURE ABOVE IS THAT OF THE OWNER OR AGENT OF THE OWNER OF THE PROPERTY AT THE ADDRESS SET OUT ABOVE.

CONTRACTOR

NOTICE TO PROPERTY OWNER

IF BILLS FOR LABOR, SERVICES, OR MATERIALS USED TO CONSTRUCT OR PROVIDE SERVICES FOR AN IMPROVEMENT TO REAL ESTATE ARE NOT PAID IN FULL, A CONSTRUCTION LIEN MAY BE PLACED AGAINST THE PROPERTY. THIS COULD RESULT IN THE LOSS, THROUGH FORECLOSURE PROCEEDINGS, OF ALL OR PART OF YOUR REAL ESTATE BEING IMPROVED. THIS MAY OCCUR EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY PAYING THE ABOVE NAMED PROVIDER OF LABOR, SERVICES, OR MATERIALS DIRECTLY, OR MAKING YOUR CHECK PAYABLE TO THE ABOVE NAMED PROVIDER AND CONTRACTOR JOINTLY.

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What the Excavation Backfill Grading and Hauling Contract Covers

An Excavation Backfill Grading and Hauling Contract is a written agreement between a property owner (or general contractor) and a contractor who will perform excavation, backfilling, grading and material hauling. It defines the scope of earthwork, excavation limits, required materials and compaction standards, haul distances and disposal sites, site access, schedule and milestone dates, pricing or unit rates, insurance and indemnity terms, required permits and inspections, change-order procedures, and acceptance criteria for completed work. Clear specifications reduce disputes and support permitting and lien processes.

Why a Formal Contract Matters for Earthwork Projects

A written contract allocates risk, documents performance standards (compaction, grading tolerances), and fixes payment timing and unit rates, which reduces scope disputes and supports permit compliance and lien defense.

Why a Formal Contract Matters for Earthwork Projects

Typical Parties and Stakeholders

The document also supports permitting, lender reviews, and municipal inspections when required.

  • Property owners and developers managing site work and warranty obligations.
  • General contractors or prime contractors coordinating multiple trades on a project.
  • Specialty earthwork contractors and hauling subcontractors providing excavation, backfill and transport services.

Representative Signers and Decision-Makers

Project Owner

The owner or owner’s representative signs to authorize work, accepts warranties, and confirms payment obligations. The owner typically verifies permitting requirements and reviews insurance certificates before mobilization.

Contractor Lead

A company officer or project manager signs for the contractor and certifies responsibility for means, methods, subcontractors, and adherence to specified compaction, grading tolerances, and disposal requirements.

Step-by-Step: Completing the Contract Before Mobilization

Follow these sequential steps to prepare a compliant, enforceable contract before site work begins.

  • 01
    Define scope: Document exact excavation and backfill limits.
  • 02
    Set prices: Agree unit rates, mobilization, and adjustment terms.
  • 03
    Include permits: Attach required permit numbers and inspection schedules.
  • 04
    Obtain signatures: Have authorized representatives sign and date the agreement.

Typical Contract Workflow from Draft to Closeout

A standard document lifecycle moves from proposal through execution, performance, inspection and final acceptance.

  • Drafting: Prepare scope, schedule, and payment terms.
  • Review: Owner, GC, and legal counsel review terms.
  • Execution: Authorized parties sign and exchange executed copies.
  • Closeout: Complete testing, final invoice, and release of retainage.

Recommended Digital Workflow Settings

Configure your document platform to capture signatures, attachments, and an audit trail for compliance and recordkeeping.

Field Configuration
Signature Field Required; date-stamped with signer name
Initials Field Place at major clause changes
Attachment Field Permit and insurance certificate uploads
Audit Trail Capture IP, timestamp, and email

Digital Signing and File Format Considerations

Ensure the platform you select satisfies record retention, reproducibility, and access requirements for audits and disputes.

  • File formats: PDF and DOCX supported
  • Integrations: Connect to cloud storage
  • Authentication: Use email or SMS codes

Essential Contract Data Elements

Parties: Legal names only
Scope: Measurable limits
Pricing: Unit rates, totals
Schedule: Milestones, dates
Insurance: Coverage limits
Signatures: Signed & dated

Top Legal Risks and Contractual Penalties

Late Performance: Delay damages possible
Incorrect Quantities: Payment disputes arise
Missing Permits: Stop-work orders possible
Inadequate Insurance: Personal liability exposure
Improper Disposal: Regulatory fines risk
Unclear Change Orders: Claims and litigation

Common Preparation Errors to Avoid

  • Vague grading tolerances that do not reference measurable benchmarks or testing protocols, making acceptance subjective and enforcement difficult.
  • Omitting disposal or haul-site identification, which creates ambiguity about who bears landfill fees, hauling distance adjustments, or environmental compliance responsibility.
  • Failing to include compaction testing frequency and acceptance criteria, which leads to disputes over whether backfill meets engineering requirements.
  • Using informal price language (e.g., 'reasonable rate') instead of unit prices or an explicit adjustment formula tied to fuel or disposal cost indices.

Core Contract Clauses to Include

A complete contract should combine technical specifications, commercial terms, and administrative requirements to protect both parties and support project execution.

Scope

Define exact excavation boundaries, depth limits, allowances for rock or obstructions, and site protection measures to avoid scope disputes and change claims.

Materials

Specify acceptable backfill types, gradation, compaction required, testing frequency, and documentation required for material certification and QA.

Hauling

Describe hauling routes, permitted hours, allowed truck sizes, disposal sites, and responsibility for disposal fees or weight tickets.

Schedule

List mobilization date, milestones, completion date, weather allowances, and liquidated damages or incentive mechanisms for adherence to timeline.

Payment

State unit pricing, change-order rates, invoice submission requirements, retainage percentage, and payment terms (e.g., net 30).

Risk Allocation

Include insurance minimums, indemnity language, warranty period for earthwork, and site restoration obligations to manage liability.

Supporting Contract Attachments and Exhibits

Attach technical and administrative exhibits to make obligations clear and enforceable; these reduce interpretation disputes and support inspections.

Site Plan

Provide a scaled drawing with excavation limits, benching, existing utilities, and access points so work boundaries are unambiguous and inspectors can validate compliance.

Testing Protocol

Include an exhibit that specifies testing methods, acceptable laboratories, sampling frequency, and pass/fail criteria for compaction and material gradation.

Payment Schedule

Detail milestone or measurement-based payment events, required backup documentation (weight tickets, test reports), and retainage release conditions.

Change Order Form

Attach a standardized change-order form requiring signatures, description of changed work, cost impact, and revised schedule before additional work begins.

Practical Tips to Reduce Disputes and Delays

Adopt clear language, measurable standards, and administrative controls to minimize ambiguity and improve on-site coordination.

Use measurable acceptance criteria
Reference specific compaction percentages, allowable tolerance in inches, and accepted test methods so acceptance is objective and verifiable.
Document site conditions before work
Photograph and log existing utilities, surface conditions, and obstructions before mobilization to reduce claims for differing site conditions.
Require proof of insurance up front
Obtain certificates of insurance and endorsements naming the owner as additional insured where required to avoid coverage disputes after an incident.
Standardize change-order approvals
Require written, signed change orders before proceeding with extra work; include time and cost impacts to prevent later disagreements.

Real-World Use Cases and Customer Experiences

Examples from firms who manage site work show common contract patterns and digital signing benefits.

Optica Ventures LLC

Optica used a standardized earthwork contract to accelerate approvals and invoicing

  • The contract referenced unit pricing and test protocols
  • The firm reported faster project sign-off and fewer payment disputes after enforcing measurable acceptance criteria and attaching test exhibits.

Martin Properties

A property manager adopted an electronic signing workflow for excavation change orders

  • Change orders included described haul rates and disposal sites
  • Electronic execution ensured timely approvals, traceable audit trails, and consistent recordkeeping across multiple sites.

Key Dates to Track in the Contract

Include and monitor important dates to avoid penalties, keep inspections on schedule, and ensure timely payments.

Permit Issuance Date:

Enter the permit number and issuance date; work should not start before permits are active.

Mobilization Date:

Specify when contractor will mobilize equipment and personnel to site.

Milestone Completion:

List intermediate completion dates for staged excavation, backfill, and grading.

Final Acceptance:

Set the date when owner will inspect and accept completed work.

Warranty Period Start:

State when warranty begins and the duration of contractor obligations.

Project Milestones — From Authorization to Closeout

A sequential milestone view helps teams visualize approvals, mobilization, testing, and final acceptance.

01

Authorization

Contract executed and permits obtained.

02

Mobilization

Equipment and crews arrive onsite.

03

Testing & Inspection

Compaction tests performed and recorded.

04

Final Acceptance

Owner inspects and releases retainage.

How This Contract Differs from Related Document Types

Compare the Excavation Backfill Grading and Hauling Contract to common related documents to choose the correct form.

Criteria Excavation Contract Subcontractor Agreement
Notarization Required
Typical Signers owner & contractor contractor & subcontractor
Payment Terms unit rates/retainage flow-down to prime
Mechanics Lien Waiver often included commonly included

eSignature Vendor Pricing Comparison for Executing This Contract

Compare common eSignature vendors on starting price, trial options, bulk send capability, audit trails, HIPAA compliance, and envelope caps to support secure contract execution.

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 vendor Varies by vendor Varies by vendor Varies by vendor
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

Frequently Asked Questions About the Contract

Answers to common questions about completing, signing, and enforcing an Excavation Backfill Grading and Hauling Contract.


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