Fill and Sign the Florida Brick Mason Contract for Contractor Form

NOTICES FLORIDA’S CONSTRUCTION LIEN LAW [FLORIDA STATUTES § 713.015] ACCORDING TO FLORIDA’ S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HA VE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB -SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PA Y YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER.” FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY. FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND [FLORIDA STATUTES § 489.1425] PAYMENT MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS: FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE, FLORIDA 32399-2215 TELEPHONE (850) 921-6593 FAX (850) 921-5450 *(optional notice for home solicitation contracts) BUYER'S RIGHT TO CANCEL This is a home solicitation sale, and if you do not want the goods or services, you may cancel this agreement by providing written notice to the seller in person, by tele gram, or by mail. This notice must indicate that you do not want the goods or services and must be delivered or postmarked before midnight of the third business day after you sign this agreement. If you cancel this agreement, the seller may not keep all or part of any cash down payment. BRICK MASONRY CONTRACT THIS BRICK MASONRY 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 ("Owne For valuable consideration the parties hereby agree as follows: 1. SCOPE OF WORK: Brick masonry is the construction process in which mason’s tools (including trowels, floats, edgers, jointers, chisels and power concrete mixers), leveling tools and alignment and measuring tools are used to lay unifor m solid, hollow or architectural terra cotta units (bricks) in courses with mortar joi nts that form walkways, driveways, patios, garages, walls, floors or other structure s. Brick masonry services include, but are not limited to, making sure masonry material is appropriate for a particular climate; checking with local utility com panies to determine the location of underground lines, if applicable; clearing the work area and preparing the site; laying out the project using stakes, strings, and l eveling devices; forming concrete foundations and/or installing sand bed or washed concrete sand and crushed stone; compacting soil; mixing and buttering mortar; laying buil ding or face bricks or brick pavers in courses with mortar joints; scoring or cutting bricks into various shapes to fill in spaces; finishing joints and making wall a nd all other brick sections plumb. Contractor shall provide all necessary brick masonry labor and materials, and perform all brick masonry 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 wi th a description of the work to be done, materials to be used, and the equipme nt 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 i n the plans or specifications, no landscaping, finish grading, filling or excavation is to b e 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 subs 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, t he cost thereof shall be included as part of the Project pric e. 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 not specified in this agreement other than the usual and customary exca vation and grading shall be agreed to in a Change Order for an amount in addition to the Contrac t 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 insurance. 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 an y doubt about the location of the property lines, Owner shall provide Contractor with boundar y stakes through a licensed surveyor. In addition, Owner shall provide Contractor documentation that Owner has title to the Work Site and shall provide Contr actor 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 shal l only be made by written "Change Order" signed by both parties. Such Change Orders s hall become part of this Contract. Owner agrees to pay any increase in t he 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 estim ate 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 a ll 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 thi s Contract. If payment is not made when due, Contractor may suspend work on the job until such ti me as all payments due have been made without breach of the Contract pendi ng 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 s ole negligence of the Contractor or its subcontractors, Owner shall pay Contractor for any addition al 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 alrea dy 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 sha ll 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 pri or 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 s hall 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 speci fications shall control the plans, and the Contract shall control both. If work is displayed o n the plans but not called for in the specifications, or if the work is called for i n the specifications but not displayed on the plans, Contractor shall be required to perform the work as thoug h 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 Florida. 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 Contrac t, 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 t o 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 complia nce with all building codes and applicable laws. To the extent required by law, a ll 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 af ter one (1) year and defects in material are not warranted by Contractor. Contractor hereby assig ns to Owner all warranties on materials as provided by the manufacturer of such materia ls. AGREED: CONTRACTOR: Signature Print Name & Title Date License Number OWNER: Signature Print Name Date Name and Address of License Holder