Fill and Sign the Plumbing Contract for Contractor Pennsylvania Form

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                   - 1 - 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 - 2 - 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 AND START 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 insurance covering personal injury in an amount not less than$50,000 and insurance covering property damage caused by the work of a home improvement contractor in an amount not less than $50,000, workers compensation and builder's risk insurance. The current amount of insurance maintained is as follows: _______________ . 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 - 3 - estimated cost. 9. 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:                   . 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. Total Sales Price Due : $ ________________ Downpayment Made : $ ________________ Amount Advanced for Special Materials : $ ________________ 10. LATE PAYMENT/DEFAULT: A failure to make payment for a period in excess of twenty (20) 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 twenty (20) 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. - 4 - 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. (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 Pennsylvania. 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. SUBCONTRACTORS: Name Address Phone Number ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ 16. 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. 17 . 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 - 5 - 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. * Insert heading “Home Improvement Installment Contract” here if applicable AGREED: CONTRACTOR: Signature       Print Name & Title       Date       Registration Number       Name and Address of License Holder       Phone Number OWNER OR AUTHORIZED AGENT: Signature       Print Name       Date - 6 - NOTICES TO OWNER The official registration number of ___________________________ [contractor name] can be obtained from the Pennsylvania Office of Attorney General's Bureau of Consumer Protection by calling toll-free within Pennsylvania 1-888-520-6680. Registration does not imply endorsement You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right. 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 contract or sale, 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 contract or sale; 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 (name of seller), at (address of seller's place of business) not later than midnight of (date). I hereby cancel this transaction. ________________________ Date _________________________ Buyer's Signature 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 contract or sale, 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 - 7 - at your residence in substantially as good condition as when received, any goods delivered to you under this contract or sale; 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 (name of seller), at (address of seller's place of business) not later than midnight of (date). I hereby cancel this transaction. ________________________ Date _________________________ Buyer's Signature - 8 - Emergency Waiver Form Emergency Work Authorization _________________ ( Enter date of Transaction) You, the buyer, having initiated the contract for the goods and services of _________________ ( enter the name of the seller), the seller, for the remediation of a bona fide emergency hereby authorize the seller to immediately proceed with the delivery of goods or the performance of services necessary to remedy the bona fide emergency. By providing the seller with this authorization, you agree to make full payment for the goods or services provided. You agree not to exercise the rights afforded you by the Unfair Trade Practices and Consumer Protection Law to cancel the contract within three business days from the above date. You, the buyer, attest that the attached estimate is an accurate description of the goods and services which will be provided by the seller for the correction of the bona fide emergency: ___________________________________________________ (date) ___________________________________________________ (Buyer’s signature) - 9 -