Is an electronic signature valid?

Yes. Electronic signatures are legally valid for most transactions under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted. Ensure intent, consent, attribution, and record retention are satisfied for enforceability.

Do I need a notary or witnesses?

Notarization and witness requirements depend on state law and the document type. Many real estate or deed-related instruments require a notary and some states require witnesses; confirm with local recording office.

Can I use remote online notarization?

Possibly. Over 45 states permit permanent RON with identity proofing and audio-video recording requirements. Verify the state's RON rules and retention obligations before using RON.

Who should sign the agreement?

An authorized representative with corporate authority should sign for entities. Contractors should have a licensed officer sign; engineers should sign where design obligations exist to confirm technical acceptance.

How do I amend the agreement after signing?

Prepare a written amendment signed by all parties or execute a fully signed change order that references the original agreement; document consideration and new schedules to preserve enforceability.

How long must I retain the executed agreement?

Retain for at least the contract term plus 3–7 years depending on risk and governing law. Tax or healthcare records may require specific periods (IRC §6501(a); 45 CFR §164.530(j)).

Electronic Signature
Templates
Miscellaneous
Foundation Underpinning Agreement

Foundation Underpinning Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

FOUNDATION UNDERPINNING AGREEMENT

This Foundation Underpinning Agreement (the Agreement) is entered into on by and between:

Client Name: Client Mailing Address: Contractor Name: Contractor Business Address:

WHEREAS

WHEREAS, Client owns or controls real property located at (the Project); and

WHEREAS, Contractor represents that it is duly experienced, licensed and insured to perform foundation underpinning, structural stabilization and related work; and

WHEREAS, Client desires to retain Contractor to perform underpinning work described herein and Contractor agrees to perform such work pursuant to the terms and conditions set forth in this Agreement.

SCOPE OF WORK

Contractor shall furnish all labor, materials, equipment, supervision, temporary shoring and bracing, and shall perform all operations necessary to complete underpinning and structural stabilization at the Project in accordance with applicable building codes, plans and specifications described below and any attached drawings or exhibits. The scope shall include excavation, underpinning piers or piles, installation of shoring, structural connections to existing foundation, backfilling, and final grading as required.

Detailed Scope (describe work, reference drawings and specifications):

PAYMENT TERMS

The total Contract Price for completion of the Scope of Work shall be $ (Contract Price), subject to adjustments for approved change orders.

Deposit / Mobilization Amount: Payment Schedule (milestones, retention, final payment):

Late payments shall bear interest at the lesser of 1.5% per month or the maximum rate permitted by law. In addition to interest, Contractor may suspend work for nonpayment after providing days' written notice to Client.

Late Fee (per month or flat):

TERM AND TERMINATION

Work shall commence on or before and Contractor shall achieve Substantial Completion by , subject to extensions for excusable delays.

Either party may terminate this Agreement for material breach if the breaching party fails to cure such breach within after written notice. Upon termination for Contractor default, Client may complete the work and Contractor shall be liable for the cost to complete less unpaid Contract Price.

PERMITS, COMPLIANCE AND SITE CONDITIONS

Contractor shall be responsible for obtaining and paying for required permits unless otherwise agreed in writing. Client shall disclose known subsurface conditions. Unforeseen site conditions shall be addressed by change order as provided herein.

Contractor to obtain permits? Yes No, Client will obtain

CHANGE ORDERS

Any change to the Scope of Work, Contract Price or schedule shall be authorized only by a written change order signed by both parties. Change orders shall set forth the scope change, price adjustment, and time impact.

Change Order Procedure / Notes:

WARRANTIES, INSURANCE AND INDEMNITY

Contractor warrants that work will be performed in a workmanlike manner in accordance with industry standards and will be free from defects in workmanship for a period of from Substantial Completion, except for defects caused by abuse, misuse or normal wear. Contractor shall maintain general liability and workers' compensation insurance in commercially reasonable amounts and shall provide certificates upon request.

To the fullest extent permitted by law, Contractor shall indemnify, defend and hold Client harmless from claims, liabilities, losses and expenses attributable to Contractor's performance, except to the extent caused by Client's negligence or willful misconduct.

CONFIDENTIALITY

Each party shall maintain in confidence and shall not disclose to any third party any Confidential Information of the other party disclosed in connection with this Agreement. Confidential Information does not include information which is or becomes publicly available through no breach of this Agreement, is already known to the receiving party, or is independently developed.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of law principles.

ENTIRE AGREEMENT

This Agreement, including any attachments, exhibits and duly executed change orders, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, whether written or oral. No modification shall be effective unless in writing and signed by both parties.

NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth below by hand, certified mail, or nationally recognized courier and shall be effective upon receipt.

Notice Address for Client: Notice Address for Contractor:

Client:

By:

Date:

Contractor:

By:

Date:

What the Foundation Underpinning Agreement Is and When It Applies

A Foundation Underpinning Agreement is a written contract that allocates responsibilities, scope, schedule, and payment for underpinning work performed to support or stabilize an existing structure. It identifies the property, owner, contractor, design professionals, scope of underpinning methods, and performance standards. The agreement typically covers permits, inspections, insurance, temporary support, liability allocation, payment milestones, and completion criteria to reduce ambiguity and protect parties during subsurface or adjacent-structure work.

Why a Professional Underpinning Agreement Matters

A clear Foundation Underpinning Agreement reduces project risk by defining technical scope, inspection and permit responsibilities, insurance requirements, timelines, and dispute resolution. Precise terms protect owners, contractors, and lenders from unexpected costs, schedule slips, and structural liability.

Which Parties Commonly Use This Agreement

The Foundation Underpinning Agreement is used by parties involved in structural stabilization or subsurface support work.

Property owners and developers who commission underpinning work and require documented performance terms.
Licensed contractors and subcontractors performing excavation, underpinning, and temporary shoring operations.
Lenders, title companies, and insurers requiring documented responsibilities, insurance certificates, and lien-waiver procedures.

Use the agreement to document scope, approvals, and financial terms before work begins to reduce downstream disputes.

Who Can Sign and Bind the Parties

Property Owner

An authorized officer, manager, or individual with title to the property should sign. If the owner is an entity, the signer must have corporate authority; mismatched signatories can render the agreement unenforceable and complicate insurance and lien issues.

Contractor / Engineer

A licensed contractor or an authorized company representative should sign. When professional design or inspection obligations exist, a licensed engineer or their authorized agent should countersign to confirm technical responsibilities and acceptance criteria.

Essential Components to Include in a Foundation Underpinning Agreement

A robust agreement focuses on scope, standards, responsibilities, schedule, payment, and risk allocation. Each element should be specific and measurable to avoid later disputes.

Scope of Work

Define underpinning methods, work limits, staging, soil treatment, required drawings, and deliverables including as-built documentation and monitoring plans.

Technical Standards

Reference applicable codes and standards, engineer designs, inspection checkpoints, acceptable tolerance levels, and monitoring instrumentation requirements.

Permits and Approvals

Assign responsibility for permit applications, plan approvals, utility locate obligations, and any required municipal or county inspections.

Schedule and Milestones

Include mobilization date, critical milestones, completion deadline, weather contingencies, and liquidated damages or incentive terms if applicable.

Payment Terms

State contract price, progress payment schedule, retainage, change order procedures, and required lien waivers for each payment.

Insurance and Indemnity

Specify required coverages, limits, additional insured endorsements, hold harmless clauses, and notice procedures for claims.

Step-by-Step: How to Complete the Agreement

Follow these steps in order to produce a clear, enforceable Foundation Underpinning Agreement and prepare it for signature and filing.

01

1. Gather Documents: Collect title report, engineer drawings, permits, and insurance certificates before drafting.
02

2. Draft Scope: Insert detailed technical scope referencing exhibits and monitoring requirements.
03

3. Assign Responsibilities: Allocate permit, inspection, and utility coordination duties explicitly.
04

4. Sign and Distribute: Execute signatures, obtain notarization if needed, and distribute final copies to stakeholders.

How to Configure an Online eSignature Workflow for This Agreement

Set up a digital workflow that enforces authentication, captures an audit trail, and stores executed copies with attachments.

Field	Configuration
Authentication	Use email plus SMS code for signer verification where required
Reminders	Schedule automatic reminders at 3 and 7 days after initial request
Notarization	Enable RON or request in-person notarization based on state rules
Attachments	Attach engineer drawings and insurance certificates as required documents

Where to Send Completed Agreements and Who Receives Copies

After execution, route the signed agreement to parties and any regulatory or financial stakeholders who require a record.

Owner / Developer: Permanent copy for project records and title file
Contractor / Engineer: Operational copy for work execution and inspections
Lender / Title Company: Copy for financing conditions and lien clearance
Permitting Authority: Submit required executed agreements or surety to the jurisdiction

Digital Signing and File Format Considerations

The agreement should be prepared and stored in formats that preserve signatures, attachments, and audit trails.

File Formats: Use PDF/A or flattened PDF for long-term storage
Integrations: Connect with cloud storage and project systems for automatic archiving
Security: Use TLS in transit and AES-256 at rest for sensitive documents

Ensure your eSignature provider supports audit trails, optional RON notarization, and the integrations you need for project workflows.

Typical Timelines and Deadlines for Underpinning Projects

Key dates include permit submissions, mobilization, monitoring milestones, and final inspection sign-off.

Permit Submission:

Submit before mobilization; municipal review times vary by jurisdiction

Mobilization:

Start date for on-site work as defined in the schedule

Monitoring Milestones:

Regular inspection and instrumentation checkpoints during underpinning

Completion:

Substantial completion date when work meets acceptance criteria

Final Sign-off:

Engineer inspection and municipal acceptance complete the record

Key Project Milestones and Processing Stages

A sequential milestone view helps teams track approvals, on-site work, inspections, and final acceptance.

01

Pre-Construction Approval

Plan acceptance and permit issuance before mobilization

02

Site Preparation

Utility marking, shoring, and safety setup prior to excavation

03

Underpinning Execution

Phased underpin work with inspection points and monitoring

04

Completion & Closeout

Final inspection, as-built delivery, and lien release procedures

Common Mistakes When Preparing an Underpinning Agreement

Vague scope language that omits critical limits or monitoring requirements, causing disputes over extra work.
Failing to attach engineer drawings or performance specifications, which leaves technical obligations unclear to contractors.
Omitting permit or utility coordination responsibilities, leading to project delays and regulatory fines.
Using uncertified signers or failing to notarize when required, which can complicate enforcement and title records.

Penalties and Risks of an Incorrect or Incomplete Agreement

Structural Liability: Potential claims for damage and expensive remediation

Regulatory Fines: Fines or stop-work orders for permit violations

Liens: Unpaid subcontractor liens against the property

Insurance Gaps: Denied claims for missing coverage or endorsements

Delay Costs: Extended completion and increased overhead

Enforceability: Invalid signatures or improper notarization can void protections

eSignature Pricing and Feature Comparison for Executing Underpinning Agreements

Compare common pricing and feature dimensions for transactional signing. signNow is listed first per vendor ordering rules; verify vendor plans for enterprise features before purchase.

	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	Varies	Varies	Varies
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 Foundation Underpinning Agreements

Answers to common questions about enforceability, signatures, notarization, electronic execution, amendments, and retention.

Need help? Contact support

Is an electronic signature valid?
Yes. Electronic signatures are legally valid for most transactions under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted. Ensure intent, consent, attribution, and record retention are satisfied for enforceability.
Do I need a notary or witnesses?
Notarization and witness requirements depend on state law and the document type. Many real estate or deed-related instruments require a notary and some states require witnesses; confirm with local recording office.
Can I use remote online notarization?
Possibly. Over 45 states permit permanent RON with identity proofing and audio-video recording requirements. Verify the state's RON rules and retention obligations before using RON.
Who should sign the agreement?
An authorized representative with corporate authority should sign for entities. Contractors should have a licensed officer sign; engineers should sign where design obligations exist to confirm technical acceptance.
How do I amend the agreement after signing?
Prepare a written amendment signed by all parties or execute a fully signed change order that references the original agreement; document consideration and new schedules to preserve enforceability.
How long must I retain the executed agreement?
Retain for at least the contract term plus 3–7 years depending on risk and governing law. Tax or healthcare records may require specific periods (IRC §6501(a); 45 CFR §164.530(j)).

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