New York Contract

FOUNDATION CONTRACT

THIS FOUNDATION 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 is responsible for all scheduling delivery of all materials. Excess concrete material ordered will be disposed of according to Owner’s instructions. Contractor shall schedule inspections of the work as necessary.

FOOTING - Concrete Mix or PSI: Slump: Width: Depth: Reinforcing: Number: Spacing: Dowels: Spacing: Keyway:

FROST FOOTING - Concrete Mix or PSI: Slump: Width: Depth: Reinforcing: Number: Spacing: Dowels: Spacing: Keyway:

FOUNDATION WALL - Material: Block-Size: Concrete Mix or PSI: Slump: Width: Beam Pocket Size: Reinforcing: Number: Spacing:

PIERS - Concrete Mix or PSI: Slump: Diameter: Depth: Spacing: Reinforcing: Number: Spacing:

PILINGS - Material: Size: Spacing: Depth:

FIREPLACE FTG. - Concrete Mix or PSI: Slump: Width: Length: Depth: Reinforcing: Number: Spacing:

FOUNDATION WINDOWS: Size:

FOUNDATION DOORS: Size:

CRAWL SPACE - Ground Cover: Vents: Access: Drain:

DRAIN TILE - Material/Size: Material over Tile:

FOUNDATION WATERPROOFING: Vapor Barrier: Foundation Insulation: R-Value: Found. Bolt/Size: Spacing: Termite Protection:

GIRDERS - Material: Size: Span:

COLUMNS - Material: Size: Spacing:

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

3. IDENTIFYING INFORMATION:

(a) Full name and address of the owner(s) of the existing structure or new structure indicated in Section 3(c) below:

(b) Full name and address of the owner(s) of the land if different from the owner(s) of the structure listed above:

(c) Location of the above mentioned structure indicated by one of the following: (i) Street address; (ii) section, block, and lot numbers; or (iii) reference to a deed book and page number:

4. 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 . Completion by the definite date of is of the essence.

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, workers compensation and builder's risk 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. CHANGES TO SCOPE OF WORK: Owner may make changes to the scope of the work only by written Change Order signed by both parties.

10. 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.

OR

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

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, Owner shall pay Contractor for 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, drawings, 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 New York.

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 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 this Contract.

(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 agrees to repair any cracks in the foundation wall in excess of 1/8 inch and any leaks occurring through foundation wall ties for a period of years.

Fireplace footing warranty period: years; repair period: days.

NOTICES TO OWNER

Any contractor, subcontractor, or materialman who provides home improvement goods or services pursuant to your home improvement contract and who is not paid may have a valid legal claim against your property known as a mechanic's lien.

The home improvement contractor is legally required to deposit all payments received prior to completion in accordance with subdivision four of section seventy-one-a of the lien law.

AGREED:

* Optional notice required only for home solicitation sales:

NOTICE TO BUYER

YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION.

REFUND TERMS:

NOTICE OF CANCELLATION

(enter date of transaction)

(Date)

TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM, TO AT Address of Seller NOT LATER THAN MIDNIGHT OF

(Buyer's Signature)