Can this contract be signed electronically?

Yes. Electronic signatures are legally enforceable in interstate commerce under the ESIGN Act (15 U.S.C. ch. 96) and in most states under UETA. Ensure the signature captures intent, attribution, consent, and retention.

When is notarization required?

Notarization is rarely required for a standard fencing agreement but may be necessary for affidavits, easement documents, or in jurisdictions that demand notarized contractor affidavits for certain permits.

Do I need witnesses for the contract?

Witness requirements for simple contracts are uncommon; witness counts depend on related documents (for example, deeds or affidavits). Check local rules when documents affect title or land use rights.

What happens if there is a material change?

A material change should be documented with a written change order signed by both parties specifying scope, price, and schedule adjustments before proceeding.

How should disputes be resolved?

Include a dispute-resolution clause specifying negotiation, mediation, or arbitration procedures and the governing law to avoid costly litigation.

Can I rely on a contractor’s verbal promises?

No. Verbal promises are difficult to enforce; ensure all material promises, warranty terms, and allowances are in writing and signed by an authorized representative.

Fencing Contract

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FENCING CONTRACT

THIS FENCING 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: Fencing is the use of chain link, wrought iron, vinyl or wood materials to construct, erect, alter, or repair all types of fences, corrals, runs, railings, cribs, game court enclosures, guard rails, barriers and gates. Fencing services include locating buried utility lines, cables and pipes in the digging area and determining local zoning requirements, as well as neighborhood or subdivision restrictions for height, type, style and position. Contractor shall provide all necessary fencing labor and materials, and perform all fencing services described above and/or as set forth in the plans and specifications signed by both Owner and Contractor ("Project"). Such plans and specifications are hereby made a part of this Contract and may contain pictures, diagrams or measurements of the work area 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 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 plans or specifications, 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, the 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 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.

6. INSURANCE: Contractor shall maintain general liability and workers compensation, as well as builder's risk insurance, if applicable.

7. 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.

8. CHANGES TO SCOPE OF WORK: Owner may make changes to the scope of the work, including changes to the plans 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.

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 all 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 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.

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 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.

12. 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.

13. INTERPRETATION:

(a) Interpretation of Documents. The Contract, plans, and specifications are intended to supplement one another. In the event of a conflict, the specifications shall control the plans, and the Contract shall control both. If work is displayed on the plans but not called for in the specifications, or if the work is called for in the specifications but not displayed on the plans, 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 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.

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 Contract, the prevailing 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 to perform work pursuant to 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.

16. 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. All said defects arising after one (1) year 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.

AGREED:

CONTRACTOR:

Signature

Print Name & Title

Date

License Number

Name and Address of License Holder

OWNER:

Signature

Print Name

Date

NOTICE OF CANCELLATION

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

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.

What a Fencing Contract Covers

A Fencing Contract is a written agreement that defines the scope, materials, schedule, payment, and warranties for installation, repair, or removal of fences on private property. It allocates responsibilities between owner and contractor, identifies the parties and site, and records material specifications, access requirements, and change-order procedures. A clear contract reduces disputes about boundaries, performance, and payment while documenting inspection and acceptance criteria. Many contractors pair a signed contract with plans, permits, and proof of insurance before work begins.

Why a Formal Fencing Contract Matters

A written Fencing Contract creates enforceable expectations for timelines, cost, and quality, and it provides documentation needed for permits, insurance claims, and lien rights. It helps clarify scope changes and reduces litigation risk.

Who Commonly Uses a Fencing Contract

Fencing Contracts are used by property owners, general contractors, landscaping firms, and municipal or commercial property managers to document fence-related work and obligations.

Residential property owners hiring a contractor for replacement or new installation.
Licensed fencing contractors bidding, scheduling, and invoicing fence projects.
Real estate managers and HOAs contracting repairs for common areas.

Use this contract to set payment terms, inspection milestones, warranty coverage, and to document any required permits or utility clearances.

Primary Signer Roles

Contractor

Company name and authorized signatory: include license number, insurance carrier and policy number, and the project manager contact. The contractor binds workmanship warranties and payment terms; inaccurate data can invalidate claims.

Property Owner

Owner name and authorized payer: include mailing address, phone, and email. If signing as an agent, state authority and principal name. Name mismatches may block permit issuance or delay payment approvals.

Core Sections to Include in a Professional Fencing Contract

A robust contract sections list protects both parties and makes performance measurable. Include clear, unambiguous language for scope, materials, schedule, payments, changes, and dispute resolution.

Scope of Work

Describe exact tasks (remove, prepare, install), fence type and height, linear footage, gate locations, tolerances, and acceptance criteria so both parties agree on deliverables and measurement method.

Materials & Specs

List material types, grades, brand names, post spacing, concrete embedment depth, coatings, and any substitute approval process to avoid disputes about quality or substitutions on-site.

Project Schedule

Specify start date, critical milestones, estimated completion date, weather‑delay policy, and notification requirements for schedule changes to align expectations and permit timelines.

Payment Terms

State total contract price, deposit amount, progress payment schedule, retainage if any, final acceptance payment, and remedies for late payment including interest or work stoppage.

Warranties & Remedies

Detail workmanship warranty length, material manufacturer warranties, notice procedures for defects, repair obligations, and exclusions for damage from third parties or natural events.

Risk & Liability

Allocate responsibility for site condition, utilities, damage to property, insurance requirements, indemnity, and whether the contractor will file lien waivers upon payment.

Step-by-Step: Completing and Executing a Fencing Contract

Follow these steps to prepare, agree, sign, and store a legally enforceable fencing contract.

01

Prepare Scope: Draft detailed work description and attach plans or site sketches.
02

Gather Documents: Collect licenses, insurance certificates, permit requirements, and material specs.
03

Negotiate Terms: Agree payment schedule, warranty scope, and change-order process in writing.
04

Execute Signatures: Both parties sign, date, and exchange executed copies; notarize if required.

Configuring an Online Fencing Contract Workflow

Set up a digital workflow to distribute, sign, and archive the contract while preserving an audit trail.

Field	Configuration
Signature Fields	Place required signature, date, and initial fields for each signer.
Signer Order	Define sequential or parallel signing order depending on approvals needed.
Authentication	Select email, SMS, or stronger multi-factor authentication for signer verification.
Notifications	Enable reminders and delivery receipts to track outstanding signatures.

Where to Send the Completed Contract and Supporting Items

Identify primary destinations for the signed contract and related deliverables, and document who receives each copy.

Owner Records: Owner receives a fully executed copy for property records and permit submission.
Contractor Files: Contractor retains executed contract, insurance proof, and job notes for warranty and billing.
Permit Authority: Submit copies to local building department where required for inspection scheduling.
Lender or HOA: If financing or HOA rules apply, provide a copy to the lender or association as required.

Digital Signing and Technical Requirements

Ensure the signing platform supports secure signatures, audit trails, and the file formats you use.

Supported Formats: PDF, DOCX, and XLSX are commonly supported.
Integrations: Look for connectors to Google Workspace, Microsoft 365, Salesforce, and Procore.
Security: Choose TLS 1.2/1.3 and AES-256 encryption for transit and storage.

Use a platform that preserves an audit trail (IP, timestamp, signer events) and offers optional stronger signer authentication when you need it.

Key Dates and Timing Expectations

Track dates for mobilization, inspections, payments, and warranty periods to avoid disputes and contractor delays.

Mobilization Start:

Start date: work begins subject to permit and weather conditions.

Intermediate Inspections:

Schedule inspections for posts, concrete, and final completion as required by jurisdiction.

Progress Payments:

Trigger payments upon completion of defined milestones or percentage of work.

Final Acceptance:

Owner signs acceptance after punch list completion or after a defined cure period.

Warranty Start:

Warranty begins on final acceptance date unless contract states otherwise.

Common Mistakes to Avoid When Preparing a Fencing Contract

Vague scope descriptions that omit gate type, post embedment depth, or finish, leading to disputed change orders and cost overruns.
Failing to confirm property lines or easements before work begins, which can result in removal costs and neighbor disputes.
Missing permit or inspection requirements from the local building department, causing project stops and potential fines.
Not documenting payment milestones clearly; unclear retainage or final acceptance criteria often trigger payment disputes.

Penalties and Risks of an Incorrect or Incomplete Contract

Payment Disputes: Delayed collections or withheld payments

Permit Fines: Local code violations and fines

Work Delays: Schedule slippage and extra costs

Liability Exposure: Damage claims and insurance gaps

Mechanic's Lien: Unpaid contractor may file a lien

Warranty Claims: Costly remediation and litigation

eSignature Pricing and Feature Snapshot for Contract Execution

Compare common price points and capabilities for eSignature vendors when selecting a platform for executing fencing contracts.

	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 plan	Varies by plan	Yes, trial available	Yes, trial available
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Practical Examples of Fencing Contract Use

Real-world examples show how a clear contract streamlines execution, permits, and customer acceptance.

Martin Properties — Tim Martin

A regional property manager standardized a fence contract for multiple properties to speed repairs and reduce disputes.

The result reduced back-and-forth on terms.
Tim Martin said, "I can process and execute all of these documents online with 100% compliance and built-in security. Whether on mobile or working offline, I can get forms back to their necessary parties efficiently."

Optica Ventures — Brian Fitzgibbons

A small contractor used a single contract template to track materials, permits, and warranties across jobs.

This simplified billing and warranty tracking.
Brian Fitzgibbons noted, "The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers."

Supporting Documents to Attach

Attach related documents to avoid ambiguity and to streamline permits, inspections, and warranty claims.

Site Plan

Add a scaled sketch or plan showing property lines, fence alignment, gate locations, and utility easements to avoid boundary disputes.

Permit Copies

Include permit approvals and inspection schedules from the local building department where required to document compliance.

Materials List

Provide manufacturer specifications, product codes, and warranty documents for all critical components used in the project.

Insurance Certificates

Attach contractor insurance certificates showing coverage limits and policy periods to verify liability and workers’ compensation protection.

Tips for Accurate and Efficient Completion

Follow these practices to reduce disputes, speed approvals, and improve recordkeeping for fence projects.

Use Clear Measurements

Specify linear footage, post spacing, gate widths, and measurement methods; ambiguous measurements cause cost and schedule disagreements and change orders.

Standardize Change Orders

Require written change orders with pricing and schedule impacts; define who may authorize changes and how costs are calculated.

Confirm Utility Locations

Obtain utility locates and document responsibility for damage; coordinate with owners and municipalities to prevent delays and liability.

Keep Centralized Records

Store executed contracts, permits, photos, and invoices in a single secure location for warranty claims, audits, and future resale support.

Frequently Asked Questions About the Fencing Contract

Answers to common questions about signing, notarization, eSign validity, and dispute prevention for fencing contracts.

Need help? Contact support

Can this contract be signed electronically?
Yes. Electronic signatures are legally enforceable in interstate commerce under the ESIGN Act (15 U.S.C. ch. 96) and in most states under UETA. Ensure the signature captures intent, attribution, consent, and retention.
When is notarization required?
Notarization is rarely required for a standard fencing agreement but may be necessary for affidavits, easement documents, or in jurisdictions that demand notarized contractor affidavits for certain permits.
Do I need witnesses for the contract?
Witness requirements for simple contracts are uncommon; witness counts depend on related documents (for example, deeds or affidavits). Check local rules when documents affect title or land use rights.
What happens if there is a material change?
A material change should be documented with a written change order signed by both parties specifying scope, price, and schedule adjustments before proceeding.
How should disputes be resolved?
Include a dispute-resolution clause specifying negotiation, mediation, or arbitration procedures and the governing law to avoid costly litigation.
Can I rely on a contractor’s verbal promises?
No. Verbal promises are difficult to enforce; ensure all material promises, warranty terms, and allowances are in writing and signed by an authorized representative.

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