PLUMBING CONTRACT
THIS PLUMBING 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:
Waste Disposal-Public: Private:
Manufacturer, Model Number:
Disposal Field:
Water Supply-Public: Private:
Pressure Reducing Valve-Make & Model:
Gas Supply-Public: Private:
Gas Supply Type/Description Joint Treatment Pipe Size
Main to House
House to Fixtures
Waste Disposal
Type/Description Joint Treatment Pipe Size
House to Main or Plant
Under Basement Floor
Above Basement Floor to Toilets
Above Basement Floor to Sinks
Above Basement Floor to
Sump Pump
Venting
Flashing of Vents
Water Supply Type/Description Joint Treatment Pipe Size
Main to House
House to Water Heater
House to Bathrooms
House to Kitchen Sink
House to Refrigerator
House to Dishwasher
House to Ice Maker
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Other
Bathroom-Fixtures Model/Description
Master Bath Guest Bath Bath #1 Bath #2
Water Closet
Toilet Seat
Shower
Tub
Tub Faucet & Control Lever
Shower Faucet & Control
Lavatory Faucet & Control
Lavatory
Bidet
Whirlpool/Jacuzzi
Location, Type & Number of:
Water Stops/Shutoffs:
Location, Soft Water:
Exterior Water Faucets:
Fixture Description-Brand Name, Model Number, etc. Size/Other
Kitchen Sink
Kit. Sink Faucet/Control
Waste Disposal
Wet Bar Sink
Bar Sink Faucet/Control
Washer Hook-up
Laundry Tub
Laundry Faucet/Control
Water Heater
Sump Pump
Water Softener
Other
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”) Such drawings and
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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.
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. SOIL CONDITIONS: Contractor shall have no responsibility for the condition of the soils at the
Work Site. Any excavation, filling or other work required by the Owner other than the usual and
customary excavation and grading shall be agreed to in a Change Order for an amount in addition
to the Contract Price. Contractor shall not be responsible for any damages suffered by Owner as a
result of the soil conditions at the Work Site.
6. INSURANCE: Contractor shall maintain general liability, workers compensation and builder's
risk insurance.
7. 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.
8. 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.
9. CONTRACT PRICE:
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{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:
.
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:
.
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.
10. 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.
11. 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.
12. 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.
13. 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.
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(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 Massachusetts.
14. 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.
15. 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.
16 . WARRANTY: Contractor agrees to repair or replace any defective or malfunctioning faucets,
valves, fixtures, equipment or fittings for a period of year(s). Contractor agrees to eliminate
excessive pipe hammering and repair or replace any soil, waste, venting or water piping found to
be leaking (except condensation) or improper flow of supply or effluent due to an obstruction
caused by settling or foreign matter in the piping at the time of installation or infiltrating
thereafter, for a period of year(s). Owner and Contractor agree to inspect all equipment,
fixtures, and piping within days after installation; and Contractor agrees to repair or replace
any chips, cracked, defective or otherwise malfunctioning items be found by such inspection. All
said defects arising after year(s) and defects in material are not warranted by Contractor.
Contractor hereby assigns to Owner all warranties on materials as provided by the manufacturer of
such materials.
17. REQUIRED NOTICES: Attached hereto is provided required disclosure to Owner pursuant to
Massachusetts law.
AGREED:
CONTRACTOR:
Signature
OWNER:
NOTE: Do not sign this Contract if there are
any blank spaces .
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Print Name & Title
Date
Registration Number
Name and Address of License Holder
Social Security Number
Name of Salesperson (if applicable)
Signature
Print Name
Date
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NOTICE TO OWNER
I. Contractor Registration
Contractor and any subcontractors must be registered by the State of Massachusetts, chief
administrator of the board of building regulations and standards, an agency within the executive office of
public safety, established by section 18 of chapter 6A.
Any inquiry about Contractor or a subcontractor should be directed to the Administrator.
II. Cancellation Rights
You may cancel this agreement if it has been signed by a party thereto at a place other than an
address of the seller, which may be his main office or branch thereof, provided you notify the seller in
writing at his main office or branch by ordinary mail posted, by telegram sent or by delivery, not later
than midnight of the third business day following the signing of this agreement.
See the attached Notice to exercise your right.
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NOTICE OF CANCELLATION
(Enter date of transaction)
You may cancel this transaction, without any penalty or obligation, within three business days from the
above date.
If you cancel, any property traded in, any payments made by you under the agreement, and any negotiable
instrument executed by you will be returned within ten business days following receipt by the seller of
your cancellation notice, and any security interest arising out of the transaction will be cancelled.
If you cancel, you must make available to the seller at your residence, in substantially as good condition
as when received, any goods delivered to you under this agreement; or you may if you wish, comply with
the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk.
If you do make the goods available to the seller and the seller does not pick them up within twenty days of
the date of your notice of cancellation, you may retain or dispose of the goods without any further
obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the
seller and fail to do so, then you remain liable for performance of all obligations under the contract.
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
to ,
(Name of seller)
at not later
(Address of seller's place of business)
than midnight of
(Date)
I hereby cancel this transaction.
(Date)
________________________________________________
(Buyer's signature)
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