Fill and Sign the Foundation Contract for Contractor West Virginia Form

FOUNDATION CONTRACT THIS FOUNDATION 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: Contractor is responsible for all scheduling delivery of all materials. Excess concrete material ordered will be disposed of according to Owner’s instructions. Contractor shall schedule inspections of the work as necessary. FOOTING-Concrete Mix or PSI:       Slump:       Width:       Depth:       Reinforcing:       Number:       Spacing:       Dowels:       Spacing:       Keyway:       FROST FOOTING-Concrete Mix or PSI:       Slump:       Width:       Depth:       Reinforcing:       Number:       Spacing:       Dowels:       Spacing:       Keyway:       FOUNDATION WALL-Material:       Block-Size:       Concrete Mix or PSI:       Slump: * Width: * Beam Pocket Size:       Reinforcing:       Number:       Spacing:       PIERS-Concrete Mix or PSI:       Slump:       Diameter       Depth:       Spacing:       Reinforcing:       Number:       Spacing:       PILINGS-Material:       Size:       Spacing:       Depth:       FIREPLACE FTG.-Concrete Mix or PSI:       Slump:       Width:       Length:       Depth:       Reinforcing:       Number:       Spacing:       FOUNDATION WINDOWS:       Size:       FOUNDATION DOORS:       Size: * CRAWL SPACE-Ground Cover: * Vents:       Access:       Drain:       DRAIN TILE-Material/Size:       Material over Tile:       FOUNDATION WATERPROOFING:       Vapor Barrier:       Foundation Insulation:       R-Value:       Found. Bolt/Size:       Spacing:       Termite Protection: - 1 - GIRDERS-Material:       Size:       Span:       COLUMNS-Material:       Size:       Spacing:       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 drawings 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, workers compensation and builder's risk 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 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 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. 9. CONTRACT PRICE: {COST PLUS} - 2 - 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, 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. - 3 - (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 West Virginia. 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 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 agrees to repair any cracks in the foundation wall in excess of 1/8 inch and any leaks occurring through foundation wall ties for a period of       years. Contractor shall not be responsible, if Contractor informed Owner in writing, prior to installation of the foundation, that possible unstable soil conditions may exist and Owner waived the right to take steps to ensure a soil level that would provide a stable load bearing capacity of the soil for the dwelling. Contractor shall not be responsible for structural damage to the dwelling due to the Owner’s failure to maintain suitable soil moisture content at the footing level. Contractor shall not be responsible for cracks or failure of the foundation caused by Owner’s failure to divert water away from the foundation. Contractor agrees that, should the fireplace footing settle 1 inch vertically or should the fireplace walls separate or otherwise move away from the dwelling in excess of 1 1/2 inch at the intersection of the roof line and the fireplace wall, within a       year period, then, Contractor agrees to furnish and pay for all costs to stabilize the fireplace footing for an additional period of       years from the date repairs was effected, at no additional cost to Owner; provided however, Contractor shall not be responsible, if Contractor informed Owner in writing, prior to installation of the fireplace footing, that possible unstable soil conditions may exist and Owner waived the right instruct changes be made to ensure additional fireplace footing support. Contractor shall not be responsible after this period. Contractor shall not be responsible for Owner’s negligence. Contractor agrees to assist in securing fulfillment of warranties provided by the manufacturer on the equipment supplied by Contractor. In the event, a crack develops within the above warranty period, then Contractor agrees to repair or replace within       days of notice, weather permitting. Contractor hereby assigns to Owner all warranties on materials as provided by the manufacturer of such materials. AGREED: - 4 - CONTRACTOR: Signature       Print Name & Title       Date       License Number       Name and Address of License Holder OWNER: Signature       Print Name       Date WEST VIRGINIA STATE LAW, AS SET FORTH IN CHAPTER 21, ARTICLE 11A OF THE WEST VIRGINIA CODE, CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST THE CONTRACTOR WHO MADE RESIDENTIAL IMPROVEMENTS TO YOUR PROPERTY. AT LEAST NINETY DAYS BEFORE YOU FILE YOUR LAWSUIT, YOU MUST DELIVER TO THE CONTRACTOR A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE YOUR CONTRACTOR AND ANY SUBCONTRACTORS, SUPPLIERS OR DESIGN PROFESSIONALS THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THE CONTRACTOR OR ANY SUBCONTRACTORS, SUPPLIERS OR DESIGN PROFESSIONALS. THERE ARE DEADLINES AND PROCEDURES UNDER STATE LAW AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT. - 5 - * Contractor notification required only for a new residential dwelling constructed for sale. Subcontractor/Supplier/Design Professional’s Name License Number Business Address Phone Number Description of Goods or Services - 6 - * Optional notice required only for home solicitation sales: BUYER'S RIGHT TO CANCEL If this agreement was solicited at a place other than the seller's business establishment at a fixed location and you decide you do not want these goods or services, you may cancel this agreement by mailing a notice to the seller. The notice must say that you do not want the goods or services and must be mailed before midnight of the third business day after you sign this agreement. The notice must be mailed to: ____________________________ (Name and mailing address of seller). - 7 -