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Georgia Drainage Contract

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Drainage Home Improvement Contract

Notice of Cancellation may be sent to the contractor at the address noted on the contract.

THIS DRAINAGE 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. LIST OF DOCUMENTS TO BE INCORPORATED INTO THIS CONTRACT:

EXHIBIT A – Commercial General Liability Insurance

EXHIBIT B – Workers’ Compensation Insurance

EXHIBIT C – 3 day right to cancel

EXHIBIT D – 7 day right to cancel

EXHIBIT E – Sample change order form

The above-mentioned Exhibits are hereby incorporated in and made part of this Contract.

2. DESCRIPTION OF THE PROJECT AND DESCRIPTION OF THE SIGNIFICANT MATERIALS TO BE USED AND EQUIPMENT TO BE INSTALLED:

(a) Project description:

(b) Significant materials to be used:

a. Materials to be provided by the Contractor:

b. Materials to be provided by the Owner:

(c) Equipment to be Installed:

Contractor shall provide all necessary labor and materials, and perform all drainage services as set forth in the plans and specifications signed by both Owner and Contractor (“Project”) indicated in Section 1 above, which may include, but not be limited to, plumbing repair work for drains, sinks, toilets, water cylinders, boilers, heaters and pipe lining; fabrication and installation of cesspools, septic tanks, storm drains and other sewage disposal and drain structures; and evaluation of soil erosion, erosion control and proper water run-off of a particular area or worksite.

3. WORK SITE: The Project shall be constructed on the property of Owner located at and more particularly described as (hereafter "the Work Site").

4. COMMENCEMENT AND COMPLETION OF WORK TO BE PERFORMED:

(a) The following describes how Contractor shall substantially commence work:

(b) APPROXIMATE START DATE:

(c) APPROXIMATE DATE OF SUBSTANTIAL COMPLETION:

5. 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.

6. SOIL CONDITIONS: Contractor shall have no responsibility for the condition of the soils at the Work Site.

7. INSURANCE: Contractor shall maintain general liability and workers compensation insurance.

8. SURVEY AND TITLE: If the Project is near the Owner’s property boundary, Owner will point out property lines to the Contractor.

9. EXTRA WORK AND CHANGE ORDERS: Extra work and change orders become part of this Contract once the order is prepared in writing and signed by both parties prior to the commencement of any work covered by the new change order.

10. PRICING

(a) 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.

FIXED FEE Owner agrees to pay Contractor the sum of $ for performing the services set forth in the scope of the work.

(b) DOWN PAYMENT: Amount:

(c) SCHEDULE OF PROGRESS PAYMENTS:

Payment amount in dollars and cents Amount of work or service to be performed Materials or equipment to be supplied

(d) FINANCE CHARGE (if applicable): Amount: $

11. 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.

12. 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.

13. ASSIGNMENT: Neither party may assign this Contract, or payments due under the Contract, without the other party’s written consent.

14. INTERPRETATION:

(a) Interpretation of Documents. The Contract, plans, and specifications are intended to supplement one another.

(b) Entire Agreement. This Contract constitutes the entire agreement of the parties.

(c) Governing Law. This Contract shall be interpreted and governed in accordance with the laws of the State of California.

15. 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.

16. 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.

(c) Contractor agrees to remove all debris and leave the premises in broom clean condition.

17. 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.

18. REQUIRED NOTICES:

(a) You are entitled to a completely filled in copy of this Contract, signed by both you and the Contractor, before any work may be started.

(b) A notice concerning commercial general liability insurance is attached to this Contract.

(c) A notice concerning workers’ compensation insurance is attached to this Contract.

(d) Change Orders:

i. The Owner may not require a Contractor to perform extra or change-order work without providing written authorization prior to the commencement of any work covered by the new change order.

ii. Extra work or a change order is not enforceable against a buyer unless the change order identifies all of the following in writing prior to the commencement of any work covered by the new change order.

iii. A Contractor’s failure to comply with the requirements for a change order does not preclude the Contractor’s recovery of compensation for work performed based upon legal or equitable remedies designed to prevent unjust enrichment.

(e) MECHANICS LIEN WARNING: Anyone who helps improve your property, but who is not paid, may record what is called a mechanics' lien on your property.

(f) Information about the Contractors' State License Board (CSLB): CSLB is the state consumer protection agency that licenses and regulates construction contractors.

(g) Under certain circumstances the law gives you a right to cancel a contract. Check the appropriate box below describing your right to cancel this Contract:

i. This Contract was negotiated at the Contractor’s place of business. Consequently, the law does not provide a right to cancel.

ii. This Contract was not negotiated at the Contractor’s place of business. Consequently, the law requires that the Contractor give you a notice explaining your right to cancel.

iii. This Contract is for the repair or restoration of residential premises damaged by any sudden or catastrophic event for which a state of emergency has been declared.

CONTRACTOR:

Signature:

Print Name & Title:

Date:

Contractor’s License Number:

Contractor’s Business Address:

OWNER:

Signature:

Print Name:

Date:

Salesperson’s Name:

Salesperson’s Registration Number:

The owner or tenant has the right to require the contractor to have a performance and payment bond.

EXHIBIT A – COMMERCIAL GENERAL LIABILITY INSURANCE

Contractor must check the box that applies

This Contractor does not carry commercial general liability insurance.

Contractor carries commercial general liability insurance written by . You may call the Insurance Company at to check Contractor’s insurance coverage.

This Contractor is self-insured.

This Contractor is a limited liability company that carries liability insurance or maintains other security as required by law. You may call at to check Contractor’s insurance coverage or security.

EXHIBIT B – WORKERS’ COMPENSATION INSURANCE

Contractor must check the box that applies

This Contractor has no employees and is exempt from workers’ compensation requirements.

This Contractor carries workers’ compensation insurance for all employees.

EXHIBIT C – 3 DAY RIGHT TO CANCEL

This page is only applicable if this Contract was not negotiated at the Contractor’s place of business.

Date last party signed the Contract:

To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice to:

Name of Seller (Contractor or Salesman):

Address of Seller’s Place of Business:

Not later than midnight of:

EXHIBIT D – 7 DAY RIGHT TO CANCEL

This page is only applicable if the Contract is for the repair or restoration of residential premises damaged by a declared emergency.

Date last party signed the Contract:

To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice to:

Name of Seller (Contractor or Salesman):

Address of Seller’s Place of Business:

Not later than midnight of:

EXHIBIT E – SAMPLE CHANGE ORDER

A. Scope of work encompassed by this change order:

B. Amount to be added or subtracted from the Contract price:

C. Effect this change order will have on progress payments (if applicable):

D. Effect this change order will have on the estimated completion date:

Checklist for Homeowners

Did you contact the Contractors State License Board (CSLB) to check the status of the contractor's license?

Contact the CSLB at 1-800-321-CSLB (2752) or visit our web site: www.cslb.ca.gov.

Did you get at least 3 local references from the contractors you are considering?

Did you call them?

Building Permits - will the contractor get a permit before the work starts?

Did you read and do you understand your contract?

Does the 3-day right to cancel a contract apply to you?

Does the contract tell you when work will start and end?

Does the contract include a detailed description of the work to be done, the material to be used, and equipment to be installed?

Are you required to pay a down payment?

Is there a schedule of payments?

Did your contractor give you a “Notice to Owner,” a warning notice describing liens and ways to prevent them?

Did you know changes or additions to your contract must be in writing?

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What the Georgia Drainage Contract Is and when it applies

A Georgia Drainage Contract is a written agreement used to allocate rights and responsibilities for stormwater management, drainage infrastructure, and maintenance on or across property in Georgia. Typical uses include granting drainage easements, defining maintenance obligations, allocating repair costs, and setting standards for culverts, pipes, swales, and detention facilities. The contract may be recorded in county land records as an easement or restrictive covenant to ensure notice to future owners and to preserve enforceability. Parties should confirm local recording practices and applicable municipal stormwater ordinances before finalizing terms.

Why a clear drainage agreement matters for Georgia properties

A well-drafted Georgia Drainage Contract reduces flood risk, clarifies who maintains drainage facilities, protects property values, and limits future disputes. It preserves priority through timely recording and can allocate repair costs and access rights to avoid litigation.

Why a clear drainage agreement matters for Georgia properties

Who typically prepares, signs, and enforces these agreements

Identifying the right stakeholders early avoids gaps in authority and ensures the agreement will be accepted by county recorders and enforced if disputes arise.

  • Property owners, including residential and commercial landowners, who grant or receive drainage easements and must document ongoing maintenance obligations.
  • Developers and contractors who create or accept drainage facilities during subdivision or site development and need to assign long-term responsibilities.
  • Local governments, HOAs, and utility districts that accept, inspect, or enforce drainage infrastructure and require recorded agreements for public works or dedicated easements.

Primary signers and decision-makers

Property Owner — Landowner

A property owner signs as grantor or grantee and must ensure the contract matches the legal name on title. The owner is typically responsible for granting access, permitting repairs, and complying with maintenance obligations described in the contract.

Local Government — Public Works Director

Local government signatories accept dedication of stormwater improvements or approve municipal access clauses. The director or authorized representative confirms acceptance standards and whether municipal maintenance or inspections will apply under local ordinances.

Essential information fields to include

Grantor Name: Full legal name
Grantee Name: Full legal name
Property Description: Plat or parcel ID
Easement Scope: Access/maintenance rights
Effective Date: MM/DD/YYYY
Recording Info: County and book/folio

Common legal and financial risks to avoid

Recording Failure: Priority loss
Ambiguous Scope: Enforcement disputes
Missing Signatures: Invalid agreement
Incorrect Parties: Title mismatches
Noncompliant Work: Permit violations
Unaddressed Costs: Unexpected liabilities

Frequent preparation pitfalls

  • Using informal language that fails to define maintenance responsibilities precisely.
  • Omitting legal descriptions or using an incomplete parcel reference instead of a recorded plat.
  • Neglecting to require access rights for inspections and future repairs.
  • Failing to check municipal stormwater codes or permitting requirements before execution.

How Georgia Drainage Contracts are used in practice

These short examples show typical scenarios and outcomes for recorded drainage agreements in Georgia.

Subdivision Easement

A developer granted a perpetual drainage easement to a county for a detention basin

  • The county accepted dedication with maintenance responsibilities limited to major repairs
  • Recording the easement preserved municipal priority and clarified long-term upkeep.

Neighbor Maintenance Agreement

Two adjacent homeowners recorded a shared-swale maintenance agreement

  • They split routine cleaning and repair costs 50/50
  • The recorded contract prevented neighbor disputes after a major storm and simplified insurance claims.

Step-by-step: completing a Georgia Drainage Contract

Follow these ordered steps to prepare, execute, and record a clear, enforceable drainage agreement in Georgia.

  • 01
    Gather titles: Obtain current deeds and parcel numbers for all affected properties.
  • 02
    Define scope: Describe easement geometry, allowed work, and access rights precisely.
  • 03
    Allocate duties: Specify maintenance schedules, cost-sharing, and inspection access.
  • 04
    Execute and record: Sign before a notary and record at the county clerk/registry of deeds.

Where to send and record the finalized agreement

After execution, route the document to the correct offices and stakeholders to complete the administrative process.

  • County Recorder: Record the easement or covenant in the county where the property is located.
  • Local Permit Office: Submit to municipal stormwater or public works for acceptance, when required.
  • Title Company: Provide signed, recorded copies to the title insurer for future transactions.
  • Parties' Records: Give certified copies to all signatories and retain originals in escrow.

File formats, exports, and supporting attachments

Choose stable file formats and include common supporting documents to ensure the contract is usable, discoverable, and admissible.

PDF/A Export

Save the final signed contract as PDF/A for long-term preservation; this format retains appearance and is widely accepted by recorders and courts.

DOCX Editable

Keep an editable DOCX version during negotiation to track edits, then convert to PDF/A prior to signing and recording to lock terms.

Signed Copy Storage

Store a certified recorded copy with metadata (recording date, county, book/folio) and back it up in secure cloud storage with restricted access.

Supporting Documents

Attach the recorded plat, survey, maintenance schedule, and any municipal acceptance letters as exhibits to the agreement.

Practical drafting and execution tips

Use precise language, consistent definitions, and standard recording practices to reduce later disputes and administrative friction.

Use recorded legal descriptions
Insert the full lot or parcel description from the recorded deed or plat rather than a street address to avoid ambiguity and title issues.
Define maintenance clearly
Specify inspection frequency, cleaning protocols, and thresholds that trigger repairs to avoid differing interpretations among parties.
Set cost-sharing mechanics
Describe how costs are allocated, invoiced, and collected (e.g., percentage split, escrow account, or billing timeline) to prevent collection disputes.
Record promptly
Record the signed agreement in the appropriate county land records to preserve priority and provide notice to subsequent purchasers.

Timing considerations and recommended deadlines

Establish clear effective dates, recording windows, and maintenance schedules to align enforcement and title protection.

Effective Date:

Enter as MM/DD/YYYY; obligations start on that date.

Recording Window:

Record promptly after notarization to protect priority.

Initial Inspection:

Specify the date for the first joint inspection after installation.

Maintenance Intervals:

State inspection and cleaning frequencies (e.g., annually or biannually).

Notice Periods:

Require written notice periods for access or repair entry (e.g., 7–14 days where practical).

Key components of a professional Georgia Drainage Contract

A complete contract balances technical detail with enforceable legal terms; include the following sections to reduce risk and enable practical use.

Parties

Identify grantor(s) and grantee(s) with full legal names, entity types, and contact information; include successors and assigns language.

Legal Description

Attach a recorded plat or metes-and-bounds description that precisely locates the easement, plus a map or exhibit for visual reference.

Easement Rights

Describe permitted actions in the easement area (inspection, repair, dredging), access routes, equipment limits, and restrictions.

Maintenance & Costs

State who performs routine maintenance, how costs are allocated, timelines for repairs, and procedures for emergency work.

Liability & Indemnity

Allocate responsibility for damages, require insurance where applicable, and set indemnity language to manage third-party claims.

Recording & Enforcement

Require recording in county records, specify remedies for default including enforcement costs, and include dispute resolution provisions.

How a drainage contract differs from related documents

Compare the drainage contract to common alternatives so you choose the right instrument for the desired legal effect.

Document Type Drainage Contract Easement by Deed
Typical Use defines ongoing obligations grants permanent rights
Recording Effect recorded covenant recorded property interest
Termination often revocable by terms usually perpetual unless reserved
Cost Allocation contractual splits common easement may not allocate costs

eSignature vendor feature and pricing snapshot for signing Georgia Drainage Contracts

Use an eSignature provider that supports notarization workflows, durable audit trails, and the file formats required by Georgia county recorders. The table compares base pricing and key features; signNow is placed first for clarity.

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

Key milestones from negotiation to recorded enforcement

Numbered milestones show typical sequencing from agreement drafting through recorded notice and enforcement.

01

Draft Completion

Finalize contract language and exhibits before circulating to signers.

02

Execution

All parties sign in the presence of a notary or via permitted RON process.

03

Recording

Record the instrument at the county clerk or register of deeds to provide notice.

04

Acceptance

Obtain municipal or county acceptance if the easement is dedicated to public use.

Notarization and witness workflow for Georgia Drainage Contracts

Follow these authentication steps to ensure county acceptance and legal enforceability.

01

Prepare Notary Block

Include a standard notary acknowledgement or jurat suitable for recording.

02

Confirm Signer ID

Verify signer identity using government ID for in-person notaries or approved credential analysis for RON.

03

RON Eligibility

If using remote notarization, confirm Georgia permits the session and meets state RON requirements.

04

Witnesses Needed

Determine whether a witness is required by the county or state for the instrument type.

05

Record Audio/Video

For RON sessions, retain required audio-video recordings per state rules.

06

Notary Journal

Notaries should log the transaction per state notary law.

07

File Certified Copy

Obtain a recorded stamped copy to distribute to parties and title companies.

08

Update Title

Provide recorded evidence to lenders and insurers to update title records.

Digital signing and technical requirements for secure eSubmission

Verify the vendor supports county-specific recording formats and preserves an admissible audit trail (timestamps, IP, signer attribution) for enforcement.

  • Supported Formats: PDF, PDF/A, DOCX
  • Integrations: Salesforce, NetSuite, Google Workspace, Procore
  • Authentication: Email, SMS, or advanced signer verification

Configuring an online signing workflow for the contract

Set up fields and routing to ensure every signer completes required actions and notarization steps are captured.

Field Configuration
Signature Field Assignable to each signer; require date and printed name
Notary Block Include a notary signature and jurat fields for recording
Conditional Fields Show cost allocation or permit exhibits only when applicable
Routing Order Define signer sequence to support notarization and final recording

Frequently asked questions about completing a Georgia Drainage Contract

Answers to common questions about validity, recording, signatures, and electronic workflows for drainage agreements used in Georgia.


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