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Foundation Lift Agreement

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FOUNDATION LIFT AGREEMENT

This Foundation Lift Agreement ("Agreement") is made and entered into on this by and between Client Name: ("Client") and Contractor Name: ("Contractor").

WHEREAS

WHEREAS, Client owns real property located at: (the "Property"); and

WHEREAS, Contractor represents that it is duly experienced and qualified to perform foundation lifting, stabilization and related services and holds all required licenses and insurance to perform the Work described herein; and

WHEREAS, the parties desire to set forth the terms and conditions under which Contractor will perform a foundation lift and related services at the Property.

SCOPE OF WORK

Contractor shall provide all labor, materials, equipment, supervision and services necessary to perform the foundation lift, underpinning, stabilization, and related repairs (collectively, the "Work") at the Property. The Work shall conform to industry standards and any written specifications attached as Exhibit A.

PAYMENT TERMS

Total Contract Price: $

Payments are due within days of invoice. Late payments shall incur a finance charge of percent per month (or maximum permitted by law), computed from the due date until paid.

PERMITS, SITE ACCESS, AND INSPECTIONS

Permits required for the Work shall be obtained by: . If Contractor obtains permits, permit fees are

Client shall provide Contractor reasonable access to the Property, utilities, and a safe workspace. Contractor shall coordinate any required inspections and shall notify Client of inspection results in writing.

MATERIALS, WARRANTY AND PERFORMANCE

Contractor shall supply materials that are new and of good quality unless otherwise specified in writing. Materials provided by Client must be free of defects and delivered on schedule.

Contractor warrants that work performed by Contractor will be free from substantial defects in workmanship for the warranty period stated above. This warranty does not cover damage due to soil settlement unrelated to the performed Work, subsequent modifications, or damage caused by third parties.

INSURANCE, INDEMNIFICATION AND LIENS

Contractor shall maintain commercial general liability insurance and workers' compensation as required by law. Insurance Policy / License No.:

Contractor agrees to indemnify and hold Client harmless from claims, damages, losses and expenses arising out of Contractor's negligent performance of the Work, except to the extent caused by Client's negligence or willful misconduct.

Upon receipt of final payment, Contractor shall deliver unconditional releases or waivers of mechanic's liens for all labor and materials supplied under this Agreement to the extent payment has been made.

CHANGE ORDERS

Any change in the Work that affects the scope, schedule or contract price shall be documented in a written change order signed by both parties. Time and materials work shall be charged at: unless otherwise agreed in writing.

TERM AND TERMINATION

Work Commencement Date: . Anticipated Completion Date:

Either party may terminate this Agreement for material breach if the breaching party fails to cure the breach within days after receipt of written notice. Termination by Client for convenience shall require payment for Work performed, materials procured and reasonable demobilization costs.

CONFIDENTIALITY

Each party shall maintain confidential all non-public information disclosed by the other party in connection with the Work. Confidential information shall not include information that is or becomes public through no fault of the receiving party or that is required to be disclosed by law. Confidential information shall be used solely for performance under this Agreement.

GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to conflict of law principles. Any dispute arising out of this Agreement shall be resolved by binding arbitration or in courts of competent jurisdiction in that state as elected by the non-breaching party.

ENTIRE AGREEMENT

This Agreement, including all exhibits and signed change orders, constitutes the entire agreement between the parties with respect to the Work and supersedes all prior or contemporaneous agreements, representations, and understandings, whether oral or written. No modification shall be effective unless in writing and signed by both parties.

NOTICES

MISCELLANEOUS

Force majeure events, including natural disasters, adverse soil conditions, strikes, shortages, or governmental actions, shall excuse timely performance to the extent rendered impossible. Parties shall promptly notify each other of any such event.

If any provision of this Agreement is held unenforceable, the remainder shall remain in full force and effect.

Client:

By:

Date:

Contractor:

By:

Date:

Enter text✕

What the Foundation Lift Agreement Is and When It Applies

A Foundation Lift Agreement is a written contract that documents the scope, responsibilities, schedule, payment terms, and risk allocation associated with lifting or underpinning a building foundation. It records technical specifications, required inspections, insurance and warranty provisions, permit and utility coordination, and permitting or recording obligations when work affects property condition or title. The agreement protects owners, contractors, and lenders by setting performance standards for settlement correction, establishing acceptance criteria, and clarifying who pays for repairs, testing, and any consequential damage during or after the lift operation.

Why a Formal Agreement Matters for Foundation Lifts

A written Foundation Lift Agreement reduces disputes by allocating responsibility for design, testing, insurance, and warranty obligations. It creates clear milestones and payment triggers tied to inspections and acceptance criteria.

Why a Formal Agreement Matters for Foundation Lifts

Who Typically Prepares and Signs a Foundation Lift Agreement

The agreement is used by parties involved in foundation repair or underpinning projects to document obligations and safe completion standards.

  • Property owners and investors responsible for funding and approvals, who need clearly defined deliverables and warranty terms.
  • General contractors or specialty foundation contractors who require scope, access windows, and payment milestones to manage crews.
  • Lenders, title companies, or escrow agents who may require recorded or executed documentation before releasing funds or clearing title.

Use a signed agreement whenever lifting work could affect structural safety, adjacent properties, title conditions, insurance coverage, or financing disbursement.

Essential Sections to Include in a Professional Foundation Lift Agreement

A complete agreement organizes obligations, technical specifications, and administrative processes so each party understands deliverables, inspections, and remedies.

Scope

Detailed description of work, methods, allowable tolerances, underpinning or jacking procedures, and the test methods used to verify lift and alignment.

Schedule

Milestones for mobilization, interim inspections, completion, and remedies for delays including liquidated damages or force majeure provisions.

Payment

Contract price, progress payment schedule tied to inspections or percentage completion, retention terms, and a final acceptance payment procedure.

Insurance and Indemnity

Required insurance types and limits, additional insureds, waivers of subrogation, and indemnification scope for bodily injury and property damage.

Permits and Utilities

Responsibility for obtaining permits, coordinating utility shutoffs or protection, and addressing inspection approvals and municipal requirements.

Warranties and Remedies

Duration and coverage of workmanship warranty, definitions of defects, correction procedures, and dispute resolution, including inspection and testing obligations.

Core Data Fields Required in the Agreement

Owner Name: Legal name as on title
Contractor Name: Legal business entity
Property Address: Street, city, state, ZIP
Scope Summary: Concise scope statement
Effective Date: MM/DD/YYYY format
Signatory Authority: Title and capacity

Step-by-Step: How to Complete the Foundation Lift Agreement

Follow a consistent order when preparing and executing the agreement to reduce omissions and speed approvals.

  • 01
    Prepare scope: Define work, tolerances, drawings, and testing protocols.
  • 02
    Attach exhibits: Include plans, engineer reports, permits, and insurance certificates.
  • 03
    Review payment terms: Confirm milestones, retainage, and final acceptance criteria.
  • 04
    Execute and distribute: Have authorized signers sign and provide copies to lenders/insurers.

How to Configure an Online Signing Workflow for This Agreement

Set up fields, signer order, and authentication to match your project controls before sending for signature.

Field | Configuration Type of field | Required setting
Signature Block Signer required | Mandatory field
Signing Order Owner -> Contractor -> Lender
Authentication Email + SMS code recommended
Reminders Send automated reminders every 3 days

Digital Signing and File Format Requirements

Choose a platform that preserves the contract PDF, audit trail, and attachments while supporting common integrations and export formats.

  • File Formats: PDF, DOCX supported
  • Integrations: CRM and cloud storage integration
  • Authentication: Email, SMS, or advanced methods

Ensure the eSignature provider supports audit trails, basic authentication, and export to PDF/A for long-term storage.

Where to Send or File the Executed Agreement

After execution, distribute copies to parties and file with any parties requiring it such as lenders, title companies, or public offices.

  • To the Contractor: Provide fully signed PDF and exhibits for mobilization.
  • To the Lender: Deliver executed agreement and insurance certificates for draw release.
  • To Title/Escrow: Supply signed copies if recording conditions or title endorsements require it.
  • To Municipal Authority: Submit required inspection reports and permit closeout documents.

Key Risks and Penalties from an Incomplete or Incorrect Agreement

Payment Disputes: Delayed payments or withheld funds
Liens: Risk of mechanic's liens if payment terms unclear
Insurance Gaps: Claims denied for insufficient coverage
Title Impacts: Recording defects affecting resale
Warranty Exposure: Undefined warranty obligations
Regulatory Fines: Permit violations or inspection failures

Common Mistakes Practitioners Make When Preparing This Agreement

  • Using informal or ambiguous scope language that leaves critical methods and acceptance criteria undefined, which commonly triggers disputes over performance.
  • Failing to attach or reference required engineering reports, permits, and inspection protocols, which delays approvals and may void insurance coverage.
  • Not confirming signer authority or entity names, causing delays in title work and possible rejection by lenders or escrow agents.
  • Overlooking local recording or witness rules and submitting documents in a format that the county recorder or title company will not accept.

Export, Storage, and Supporting Documents to Include

Ensure signed packages include formats and attachments required by stakeholders, and keep copies suitable for long-term retention.

Signed PDF

Export a flattened PDF with an audit trail that includes timestamps, signer identity data, and attached exhibits for the permanent project record.

Source Documents

Retain original engineering reports, permits, inspection signoffs, and digital photos as referenced exhibits to the agreement.

Title Endorsements

Provide any required lender or title company endorsements and recorded document references to clear conditions precedent for disbursement.

Secure Backup

Store copies in encrypted cloud storage and maintain an offsite backup in a standard archival format like PDF/A.

Practical Tips for Accurate and Efficient Completion

Adopt standard practices that reduce errors, accelerate approvals, and make enforcement straightforward.

Use a Standard Template
Start from a vetted template containing required clauses, exhibits, and checklists so each agreement consistently covers permits, insurance, testing, and payment triggers.
Attach Technical Exhibits
Include engineer drawings, load calculations, and inspection protocols directly as labeled exhibits to avoid later disputes over what was agreed.
Confirm Signer Authority
Verify corporate resolutions or signing authority for entities and document signers' titles to prevent later contract challenges.
Preserve Audit Trails
When using electronic signing, capture timestamps, signer authentication method, IP address, and a certificate of completion to support enforceability.

Typical Timelines and Processing Expectations

Projects vary, but common timeline checkpoints help manage expectations for mobilization, inspections, and final acceptance.

Mobilization Window:

Start within 7–21 days after receipt of signed agreement

Interim Inspections:

Schedule inspections at key lift milestones per engineer plan

Completion Certificate:

Issue within 7 business days of final inspection

Recordation:

Record documents within required county timeframes if applicable

Warranty Start:

Warranty typically begins on final acceptance date

Comparing eSignature Options for Executing a Foundation Lift Agreement

Platform selection affects authentication, audit trail quality, integrations, and per-user or per-signature costs; signNow is listed first for comparison purposes.

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 Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes Varies Varies
Envelope Cap No envelope cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Foundation Lift Agreement — Frequently Asked Questions

Answers to common legal and practical questions about preparation, signatures, notarization, and digital execution.


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