Paver Walkway Installation Agreement

Paver Walkway Installation Agreement

This Paver Walkway Installation Agreement ("Agreement") is entered into as of by and between Client Name: with mailing address: ("Client") and Contractor Name: with business address: ("Contractor").

RECITALS

WHEREAS, Client desires the installation of a decorative and functional paver walkway at the Client property described above; and

WHEREAS, Contractor represents that it is duly licensed, qualified and experienced to perform exterior hardscape and paver installation services and warrants that Contractor will perform the work in a professional and workmanlike manner; and

WHEREAS, the parties desire to set forth their agreement with respect to the scope, schedule, compensation and other terms governing the installation.

SCOPE OF WORK

Contractor shall furnish all labor, materials, equipment and supervision necessary to complete the paver walkway installation described below and as further detailed in the specifications. Work includes site preparation, excavation, base preparation, edging restraint, bedding sand, laying of pavers, jointing, compaction, cleanup and final inspection. The parties acknowledge that any work not expressly described below will require a written change order signed by both parties.

PAYMENT TERMS

All undisputed payments are due within days of invoice. Client shall pay interest on past-due amounts at or the maximum rate permitted by law, whichever is less. If Contractor suspends work for nonpayment, Contractor shall not be liable for delay damages and time for performance shall be extended by the period of suspension.

TERM; COMMENCEMENT; COMPLETION; TERMINATION

Work shall commence on or about and Contractor shall achieve substantial completion on or before , subject to adjustments for weather, delays beyond Contractor's control, change orders, and other excusable delays. Either party may terminate this Agreement for material breach if the other party fails to cure such breach within days after written notice. Upon termination for cause by Client, Contractor shall be entitled to payment for work performed and costs incurred up to the date of termination, plus reasonable demobilization costs.

CHANGE ORDERS

Any change in the Scope of Work, materials, or schedule shall be effected only by a written change order signed by both parties. The change order shall set forth the change in work, any adjustment to the contract price, and any extension of the completion date.

PERMITS, COMPLIANCE AND SITE CONDITIONS

Contractor shall obtain and pay for all permits and inspections required by applicable law unless otherwise agreed. Client represents that the property boundaries, subgrade conditions, and existing utilities are accurately disclosed to Contractor. Client shall be responsible for locating and marking private utilities. Contractor will exercise reasonable care to avoid disturbance of utilities, but is not responsible for damage to unmarked or inaccurately located utilities.

INSURANCE; INDEMNIFICATION

Contractor shall maintain general liability and workers' compensation insurance in amounts customarily carried in the trade. Contractor shall indemnify and hold Client harmless from claims arising out of Contractor's negligent performance of the Work, except to the extent caused by Client's negligence or willful misconduct. The parties shall exchange certificates of insurance upon request.

WARRANTIES

Contractor warrants that materials and workmanship furnished under this Agreement shall be free from defects for a period of from the date of substantial completion. This warranty does not cover damage resulting from settlement, structural movement, misuse, lack of maintenance, or acts of third parties.

CONFIDENTIALITY

Each party agrees to keep confidential and not disclose to third parties any nonpublic technical or business information of the other party disclosed in connection with the performance of this Agreement, except for information that (a) is or becomes generally available to the public other than by breach of this Agreement, (b) was rightfully known to the receiving party prior to disclosure, or (c) is required to be disclosed by law or court order. Confidential information may be disclosed to employees, subcontractors, or consultants who have a need to know and who are bound by confidentiality obligations no less protective than those set forth herein.

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its choice of law principles. Any dispute arising under this Agreement shall be resolved initially by good faith negotiation between the parties. If negotiation fails, either party may pursue remedies in a court of competent jurisdiction located in the county where the property is situated.

ENTIRE AGREEMENT

This Agreement, including any attached exhibits and executed change orders, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings and agreements, whether written or oral. No amendment to this Agreement 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 above or such other address as a party may designate in writing, and shall be deemed delivered when personally delivered or three (3) days after deposit in the United States mail, postage prepaid.

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