Landscape Retaining Wall Proposal

LANDSCAPE RETAINING WALL PROPOSAL

Parties and Project Identification

This Proposal is made between Contractor: and Client Name: .

Project Address:

Proposal Number:   Date of Proposal:

WHEREAS

WHEREAS, Contractor represents that Contractor is duly qualified, licensed and experienced in the construction of landscaping improvements and retaining walls and possesses appropriate equipment, personnel and expertise to perform the services described herein; and

WHEREAS, Client desires to engage Contractor to construct a retaining wall and related sitework at the Project Address in accordance with the Scope of Work, materials, schedule and prices set forth in this Proposal; and

NOW, THEREFORE, in consideration of the mutual covenants contained in this Proposal and other good and valuable consideration, the sufficiency of which is acknowledged, the parties agree as follows.

Scope of Work

Work shall include labor, materials, equipment and site cleanup as described in the Detailed Scope. Any work beyond the Detailed Scope shall require a written Change Order signed by both parties. Contractor shall furnish materials that are new and conform to industry standards for retaining wall construction, including but not limited to proper base, drainage aggregate, geotextile, and engineered wall units when specified.

Estimate of Charges

Payment Terms

Payment shall be made as follows: Deposit of due upon acceptance; Progress payment(s) in the amount(s) of due at milestones as described in the Detailed Scope; Final balance due upon completion and prior to final site release.

Late payments shall accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law from the date payment is due until paid. Client shall be responsible for all collection costs, including reasonable attorney fees, incurred by Contractor in enforcing payment.

Schedule, Term and Termination

Work under this Proposal is estimated to commence on and to be substantially completed by , subject to weather, material availability, permits and unforeseen site conditions.

Either party may terminate this Proposal for material breach if the breach remains uncured for days following written notice. Upon termination for any reason, Client shall pay Contractor for all work performed to date, including costs reasonably incurred by Contractor as a result of termination.

Permits, Site Access and Unforeseen Conditions

Contractor shall obtain permits only where indicated as the responsibility of Contractor. Client shall secure access and any approvals required from homeowners associations or other third parties unless otherwise agreed in writing. Unforeseen subsurface or site conditions discovered after commencement of work may require additional work or materials; Contractor will notify Client and, upon Client approval or in accordance with the Change Order process, will invoice additional charges.

Warranty

Contractor warrants workmanship for a period of from the date of substantial completion. Manufacturer warranties apply to materials where provided. This warranty does not cover settlement, erosion, acts of God, improper maintenance, or damage caused by others.

Confidentiality

Each party shall maintain as confidential the terms of this Proposal and all technical, business and financial information disclosed by the other party in connection with the Proposal, except to the extent disclosure is required by law or is reasonably necessary to perform the work. Photographs of the completed work may be used by Contractor for portfolio and marketing purposes unless Client indicates otherwise by checking the box: Client does not authorize use of photographs.

Insurance, Indemnity and Liability

Contractor shall maintain general liability and workers' compensation insurance as required by law. Contractor and Client shall indemnify and hold each other harmless from claims arising from their own negligence. Contractor's liability under this Proposal shall not exceed the total amount paid by Client under this Proposal, except for liability resulting from gross negligence or willful misconduct.

Governing Law and Dispute Resolution

This Proposal shall be governed by and construed in accordance with the laws of the state in which the Project Address is located. Any dispute arising out of or related to this Proposal shall first be submitted to non-binding mediation; if not resolved, the parties may pursue litigation in the appropriate state or federal court located in the county where the Project is located.

Entire Agreement

This Proposal, including any referenced attachments and Change Orders executed by the parties, constitutes the entire agreement between Contractor and Client with respect to the scope of work and supersedes all prior discussions, proposals, or agreements, whether written or oral. Any amendment or modification must be in writing and signed by both parties.

Acceptance

By signing below, Client authorizes Contractor to proceed with the work described in this Proposal under the terms and conditions set forth herein. Client confirms they are the property owner or have authority to authorize the work at the Project Address.

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