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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 Alabama.

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

Enter text✕
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What a Fencing Contract Covers and When to Use It

A Fencing Contract is a written agreement that records the scope, materials, timeline, payment terms, site access, and responsibilities for installing, repairing, or removing a fence on private property. It clarifies work specifications (height, materials, gates), site preparation, utility locates, warranty terms, change orders, insurance and indemnity, and dispute resolution. The contract protects both property owner and contractor by setting clear deliverables, payment schedule, retainage or holdback terms, and acceptance criteria so the parties can avoid misunderstandings and reduce the risk of lien claims or regulatory violations.

Why a Clear Fencing Contract Matters

A professionally drafted fencing contract reduces scope disputes, documents consent for boundary work, and allocates risk for delays, damage, and payment. It also establishes remedies and evidence needed to enforce rights in court or to support lien filings.

Why a Clear Fencing Contract Matters

Who Typically Prepares and Signs a Fencing Contract

Contractors, landowners, property managers, and subcontractors commonly use fencing contracts to set expectations and preserve legal rights before work begins.

  • Licensed contractors and fencing companies executing on-site installation and warranty obligations.
  • Private property owners or homeowners seeking written scope, pricing, and start/finish dates.
  • Property managers, HOAs, or developers coordinating multiple contractors and permit compliance.

Using a written contract clarifies responsibilities and creates the record necessary for payment enforcement, insurance claims, or dispute resolution.

Signers Who Can Bind the Agreement

Contractor — Authorized Rep

The contractor must be represented by an authorized company officer or agent with authority to bind the business. Include printed name, title, company name, license number and state, and contact information to ensure enforceability and permit verification.

Property Owner

The property owner signing must be the legal owner or a named agent with written proof of authority. If multiple owners exist, include signatures for each or attach a written authorization to avoid later challenges to consent.

Essential Contract Data Elements

Effective Date: MM/DD/YYYY
Parties: Full legal names
Scope: Materials and measurements
Price: Total and payment schedule
Permits: Who obtains permits
Signatures: Names, dates, titles

Common Legal Risks and Consequences

Late Payment: Interest, lien rights
Unpermitted Work: Fines, stop-work orders
Boundary Dispute: Quiet title suits
Defective Work: Repair costs, warranty claims
Missing Authorization: Work stoppage risk
Incorrect Signer: Contract challenge

Frequent Mistakes to Avoid When Preparing the Contract

  • Failing to describe fence materials and finish precisely leads to disputes about substitutions and additional charges during installation.
  • Neglecting permit responsibilities causes liability for fines or required removal when local ordinances demand county or city approval.
  • Using vague payment terms without milestones or retainage provisions increases the risk of nonpayment or contractor abandonment.
  • Skipping a signed site access agreement or utility locate confirmation can result in damage claims and costly delays.

How to Complete a Fencing Contract, Step by Step

Follow a consistent sequence so the contract is clear, enforceable, and synchronized with permits and schedules.

  • 01
    Describe Scope: List materials, dimensions, and site preparation tasks.
  • 02
    Set Price: Include deposit, progress payments, and final payment conditions.
  • 03
    Assign Permits: State who obtains permits and provides copies.
  • 04
    Sign & Date: All parties sign, date, and print names and roles.

Typical Workflow from Quote to Final Acceptance

A predictable workflow helps coordinate inspections, payments, and warranty start dates.

  • Estimate: Contractor inspects site and issues a written proposal.
  • Contract: Parties sign a detailed agreement and exchange copies.
  • Permits: Permits obtained and any municipal conditions addressed.
  • Completion: Final walkthrough, punch list, and final payment processed.

Core Clauses to Include in a Professional Fencing Contract

Include clauses that allocate risk, specify performance standards, and create the administrative trail needed for enforcement or dispute resolution.

Scope of Work

A precise description of materials, dimensions, site prep, excavation, backfill, posts, rails, picket spacing, gate hardware, and any surface treatments or finishes to avoid ambiguity about deliverables.

Payment Terms

Define deposit amount, progress payments tied to milestones, retainage, acceptable payment methods, and consequences for late payment or nonpayment, including lien remedies.

Permits & Inspections

State whether contractor or owner secures permits, who pays fees, and how inspection holds or corrections will affect schedule and payment.

Change Orders

Require written change orders for scope or price adjustments, outlining approval process and updated timeline to prevent oral-change disputes.

Warranties

Specify duration, scope (materials/labor), and procedures for claiming repairs, including who bears removal/reinstallation costs for warranty work.

Liability & Insurance

Require contractor insurance limits, indemnification language, and proof of coverage to protect owners from third-party claims arising from the work.

Digital Signing and File Formats to Use

Choose file types and a signing workflow that preserve the contract text and supporting exhibits across devices.

  • Document Format: Use PDF or Word DOCX
  • Signature Method: eSignature with audit trail
  • Storage: Secure cloud or local backup

Preserve a final signed PDF with an attached signature certificate and retain editable originals to support future amendments or permit evidence.

Set Up a Digital Approval Workflow

Configure signing order, authentication, and reminders to match project milestones and permit deadlines.

Field Configuration
Signer Order Owner → Contractor → Subcontractor
Auth Method Email link with optional SMS code
Reminders Auto reminders at 3 and 7 days
Audit Trail Capture IP, timestamp, and actions

Comparing eSignature Vendors for Executing a Fencing Contract

Select an eSignature provider based on cost, bulk-send needs, regulatory compliance, and the ability to attach exhibits such as permits and insurance certificates.

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 No No Yes, limited Yes, limited
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently Asked Questions About Fencing Contracts and eSigning

Answers address enforceability, notarization, corrections, cancellations, and best practices for digital execution.


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