Fill and Sign the Landscape Contract for Contractor Wisconsin Form

PRECONTRACT NOTICES Owner: Contractor: Project Location: . Project Description:                               Building Permits needed for the above mentioned project:                                     I, the Contractor, have a state certificate of financial responsibility showing I am either bonded or have liability insurance, and that if required, I have worker’s compensation insurance and am making the required unemployment insurance contributions. Such certificate is required for me to obtain the above mentioned building permits. You, the Owner, are entitled to receive written lien waivers from all contractors, subcontractors, and material suppliers: (a) at or prior to the time final payment is made on the construction contract, and (b) when partial payments are made at various stages of the project to the extend required by the construction contract for the proportionate value for all labor, services, products, and materials furnished or delivered. The insurance or protection is furnished by someone other than the Contractor. The terms, conditions and limitations are as follows: ______________________ . The name of the insurer or the person who is to furnish such protection is ______________________ . The address of the insurer or the person who is to furnish such protection is ______________________ . A copy of the insuring or protection agreement shall be furnished to the buyer before final payment is due under the contract. A person other than the seller is to act as the general contractor or assume responsibility for performance of the contract. - 1 - Name of responsible party: ______________________ Address of responsible party: ______________________ The contract shall not be sold or assigned without the written consent of the buyer. AS REQUIRED BY THE WISCONSIN CONSTRUCTION LIEN LAW, CLAIMANT HEREBY NOTIFIES OWNER THAT PERSONS OR COMPANIES PERFORMING, FURNISHING, OR PROCURING LABOR, SERVICES, MATERIALS, PLANS, OR SPECIFICATIONS FOR THE CONSTRUCTION ON OWNER'S LAND MAY HAVE LIEN RIGHTS ON OWNER'S LAND AND BUILDINGS IF NOT PAID. THOSE ENTITLED TO LIEN RIGHTS, IN ADDITION TO THE UNDERSIGNED CLAIMANT, ARE THOSE WHO CONTRACT DIRECTLY WITH THE OWNER OR THOSE WHO GIVE THE OWNER NOTICE WITHIN 60 DAYS AFTER THEY FIRST PERFORM, FURNISH, OR PROCURE LABOR, SERVICES, MATERIALS, PLANS OR SPECIFICATIONS FOR THE CONSTRUCTION. ACCORDINGLY, OWNER PROBABLY WILL RECEIVE NOTICES FROM THOSE WHO PERFORM, FURNISH, OR PROCURE LABOR, SERVICES, MATERIALS, PLANS, OR SPECIFICATIONS FOR THE CONSTRUCTION, AND SHOULD GIVE A COPY OF EACH NOTICE RECEIVED TO THE MORTGAGE LENDER, IF ANY. CLAIMANT AGREES TO COOPERATE WITH THE OWNER AND THE OWNER'S LENDER, IF ANY, TO SEE THAT ALL POTENTIAL LIEN CLAIMANTS ARE DULY PAID. NOTICE CONCERNING CONSTRUCTION DEFECTS Wisconsin law contains important requirements you must follow before you may file a lawsuit for defective construction against the contractor who constructed your dwelling or completed your remodeling project or against a window or door supplier or manufacturer. Section 895.07 (2) and (3) of the Wisconsin statutes requires you to deliver to the contractor a written notice of any construction conditions you allege are defective before you file your lawsuit, and you must provide your contractor or window or door supplier the opportunity to make an offer to repair or remedy the alleged construction defects. You are not obligated to accept any offer made by the contractor or window or door supplier. All parties are bound by applicable warranty provisions. CONTRACTOR: Signature       Print Name & Title       Date OWNER: Signature       Print Name       Date - 2 - LANDSCAPING CONTRACT THIS LANDSCAPING 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 shall provide all labor and materials, and perform all work necessary for the completion of the residence, structure, or improvements as described in the drawings and specifications signed by both Owner and Contractor (“Project”) and more particularly described as             Such drawings and specifications are hereby made a part of this Contract. Drawings and specifications shall contain a scale drawing showing the shape, size, and dimensions of the construction and equipment together with a description of the work to be done, materials to be used, and the equipment to be used or installed. PLANTS TREES TYPE SIZE QUANTITY AMOUNT                                                                                                                         SHRUBS TYPE SIZE QUANTITY AMOUNT                                                                                                                         FLOWERING PLANTS TYPE SIZE QUANTITY AMOUNT                                                                                                                         MATERIAL QUANTITY AMOUNT Wood Chips             Peat Moss             Peat Humus             Soil             Mulch             Shredded Cypress             Sand             Fertilizer             Manure             Loam             - 3 - Lime             Gravel             Clay             Bark             Landscape Fabric             Stone             Brick             Wood             Other                   LAWN MATERIAL SQUARE FEET AMOUNT Sod             Seed             LABOR AMOUNT Design/Planning       Grading       Soil Preparation       Planting       Mulching       Edging and Borders       Pruning       Fertilizing       Sodding       Seeding       Mowing       Thatching       Aeration       Weed Control       Brick       Stone Walls       Stairs       Terracing       Walkways       Patios       Install Pond       Install Water Fountain       Sprinkler       Drainage       Stump Removal/Grinding       Rototilling       Spring/Fall Cleanup       Other             TOTAL PLANTS       TOTAL MATERIALS       TOTAL LAWN MATERIALS       TOTAL LABOR       TOTAL DELIVERY       - 4 - TOTAL EQUIPMENT       TOTAL       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. INSURANCE: Contractor shall maintain general liability, workers compensation and builder's risk insurance. 6. 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. 7. 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. 8. 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:             - 5 -       . 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:                   . Finance charges at the rate of _____________ apply. Hourly labor rates apply as follows: _________________________ . Materials cost apply as follows: _________________________ . Other terms and conditions affecting price apply 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. 9. 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. 10. 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. 11. 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. 12. 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. - 6 - (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 Wisconsin. 13. 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. 14. 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. 15. 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       from the date hereof. All said defects arising after       and defects in material are not warranted by Contractor. Contractor warrants that newly installed plants will survive for       after date of installation, or Contractor will replace at no charge. Contractor may elect not to replace plant materials based upon a determination that plants have died as a result of extreme weather conditions, a lack of watering or the negligence of others. Plants installed under warranty that show some leaf damage at the end of warranty period, yet are still living, are not to be replaced. Rather, Contractor will assess the damage and may have to change the planting mix at no charge to the customer. Contractor hereby assigns to Owner all warranties on materials as provided by the manufacturer of such materials. Contractor not responsible for damage due to acts of God. AGREED: CONTRACTOR: Signature       Print Name & Title       Date OWNER: Signature       Print Name       Date - 7 -       License Number       Name and Address of License Holder SALES REPRESENTATIVE (if applicable)       Name & Title       Address - 8 - Note on when to provide the Owner the “Customer’s Right to Cancel” forms below. If the Construction Contract is for home improvement and the Contract was signed away from your regular place of business, you must provide the Owner two copies of the “Customer’s Right to Cancel” form if one of the following also applies:  the transaction was initiated by face-to-face solicitation away from the Contractor’s regular place of business; or  the transaction was initiated by mail; or  the transaction was initiated by a phone solicitation. - 9 - CUSTOMER’S RIGHT TO CANCEL (Copy 1) You may cancel this agreement by mailing a written notice to       ( insert name)       ( insert mailing address of seller ) before midnight of the third business day after you signed this agreement. If you wish, you may use this page as that notice by writing “I hereby cancel” and adding your name and address. A duplicate of this page is provided by the seller for your records. - 10 - CUSTOMER’S RIGHT TO CANCEL (Copy 2) You may cancel this agreement by mailing a written notice to       ( insert name)       ( insert mailing address of seller ) before midnight of the third business day after you signed this agreement. If you wish, you may use this page as that notice by writing “I hereby cancel” and adding your name and address. A duplicate of this page is provided by the seller for your records. - 11 - REQUIRED NOTICE FOR DELAY Performance on the Construction Contract between       (“Contractor”) and       (“Owner”) dated       (“Contract”) will be delayed beyond the following deadline: Specified performance goal: . Agreed date for completion:       . The delay was caused by:                               New Proposed Deadlines: Work shall resume on:       and shall be completed on       . I have received this notice of delay and agree with the new deadline. OWNER: Signature       Print Name       Date - 12 -