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Radon Mitigation Agreement

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RADON MITIGATION AGREEMENT

This Radon Mitigation Agreement (the "Agreement") is entered into as of by and between:

RECITALS

WHEREAS, Contractor is licensed and experienced in the installation of systems to mitigate radon gas and related soil-gas hazards and maintains necessary insurance and qualifications to perform such work at the Property identified above; and

WHEREAS, Client commissioned a radon measurement that produced a pre-mitigation indoor radon concentration of and requests Contractor to design and install a mitigation system in accordance with recognized industry practices; and

WHEREAS, the Parties desire to set forth in writing their respective rights and obligations with respect to the design, installation and testing of the radon mitigation system to be installed at the Property.

SCOPE OF WORK

Contractor shall furnish all labor, materials, equipment and supervision necessary to design and install a radon mitigation system at the Property. The system, as designed, will be a mechanical soil depressurization system (or other method as specified below), installed in a professional and workmanlike manner consistent with industry standards.

PAYMENT TERMS

Contract Price: Client agrees to pay Contractor the total sum of $ for completion of the Scope of Work described above, subject to adjustments for approved change orders and taxes where applicable.

Late Payment: Any payment not received within days after the due date shall accrue interest at percent per month or the maximum allowable by law, whichever is less. In addition, Client shall be responsible for reasonable collection costs and attorney fees incurred to enforce payment.

CHANGES, PERMITS AND INSPECTIONS

Change Orders: Any changes to the Scope of Work shall be made only by written change order signed by both Parties. Change orders may adjust the Contract Price and schedule. Contractor shall not commence changed work without an executed change order.

Permits and Inspections: Unless otherwise agreed in writing, Contractor will obtain standard local permits required for the installation and will coordinate inspections. Client is responsible for fees associated with permits and inspections and for ensuring access for inspections and installation work.

TESTING, CERTIFICATION AND WARRANTY

Post-Installation Testing: Contractor shall perform or procure a post-mitigation radon test following system installation and settling period specified in the Change Orders or industry practice. Client acknowledges that radon levels may vary and that Contractor does not guarantee a specific numerical result unless expressly stated in writing.

Warranty: Contractor warrants that installed components supplied by Contractor will be free from defects in workmanship for the Warranty period specified above. This warranty does not cover damage caused by subsequent alterations, purchaser negligence, failure to perform recommended maintenance, or damage from undisclosed hazards such as asbestos or mold. Replacement parts excluded from warranty must be provided at reasonable cost.

TERM AND TERMINATION

Term: This Agreement shall commence on the Start Date: and shall remain in effect until completion of the Scope of Work and final payment or until terminated as provided below.

Termination: Either Party may terminate this Agreement for material breach if the breaching Party fails to cure the breach within days after written notice. Client may terminate for convenience upon written notice, subject to payment for work completed, reasonable demobilization expenses, and any materials purchased.

CONFIDENTIALITY

Each Party shall treat as confidential and shall not disclose without prior written consent any non-public business or technical information obtained from the other Party in connection with this Agreement, except where disclosure is required by law, regulation, or court order. Confidential information does not include information that is or becomes publicly available other than through a breach of this provision.

INSURANCE, INDEMNITY AND LIMITATION OF LIABILITY

Contractor shall maintain general liability and workers' compensation insurance in amounts customary for the industry. Contractor shall indemnify and hold Client harmless from claims arising from Contractor's negligence in performance of the Scope of Work. Client shall indemnify Contractor for claims arising from Client's failure to disclose known hazards or for actions beyond Contractor's scope. Except for willful misconduct or gross negligence, neither Party's liability under this Agreement shall exceed the Contract Price.

MISCELLANEOUS

Assignment: Neither Party may assign this Agreement without the prior written consent of the other Party, except that Contractor may assign to an affiliated company or to a purchaser of substantially all Contractor's assets.

Notices: All notices required under this Agreement must be in writing and delivered to the addresses provided below or to other addresses as either Party may specify in writing.

GOVERNING LAW; ENTIRE AGREEMENT

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to its conflict of laws principles.

Entire Agreement: This Agreement, including any written change orders executed by the Parties, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous discussions, proposals and agreements, whether written or oral.

Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect.

Contractor (print):

By:

Date:

Client / Owner (print):

By:

Date:

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What a Radon Mitigation Agreement Covers

A Radon Mitigation Agreement is a written contract between a property owner and a mitigation contractor that defines the scope, system design, installation steps, access schedule, testing and verification procedures, payment terms, warranty provisions, and post-install monitoring. It records responsibilities for pre-install testing, permits, utility access, and long‑term operation. The agreement documents expected radon reduction levels, inspection and retest criteria, record retention, and remedies for nonperformance, creating a clear paper trail for real estate transactions, code compliance, and insurance purposes.

Why a Formal Agreement Matters

A concise Radon Mitigation Agreement reduces misunderstandings, allocates risk, documents test results and permits, and creates enforceable warranty and payment terms. It supports disclosure obligations in property transactions and provides evidence of compliance for inspectors, lenders, and insurers.

Why a Formal Agreement Matters

Who Typically Prepares and Signs This Agreement

Several parties commonly prepare or sign a Radon Mitigation Agreement depending on context and transaction role.

  • Homeowners and buyers seeking confirmed radon reduction and documented warranties.
  • Licensed mitigation contractors who install systems and provide test verification and warranties.
  • Real estate agents or escrow officers who require documentation for closing and disclosure.

The agreement clarifies duties for each party and streamlines closing, permitting, and any post-install follow-up or dispute resolution.

Essential Sections to Include in the Agreement

A professional Radon Mitigation Agreement organizes responsibilities into clearly labeled sections so each party can locate obligations, timelines, and remedies quickly.

Parties

Identify the owner, occupant, and contractor with full legal names and contact information for service, billing, and legal notices.

Scope of Work

Describe mitigation activities, including piping, fan placement, sealing, vent routing, crawlspace or slab work, and any optional repairs or upgrades.

System Specifications

List equipment models, estimated CFM, noise ratings, power source, and any manufacturer warranties or replacement timelines.

Testing and Verification

Specify pre- and post-install radon test methods, duration, pass criteria, who performs tests, and remediation steps for failed tests.

Payment Terms

State total price, deposit amount, payment schedule, accepted methods, and consequences for late or missing payments.

Warranty & Liability

Define workmanship warranties, manufacturer coverage, limits on consequential damages, indemnities, and dispute resolution procedures.

Core Information Fields Required

Owner Name: Full legal name
Contractor Name: Licensed business name
Property Address: Street, city, state, ZIP
Agreement Date: MM/DD/YYYY
Total Price: Exact dollar amount
Signatures: Signed and dated

Step‑by‑Step: Completing a Radon Mitigation Agreement

Follow these sequential steps to prepare, review, and finalize the agreement so it is accurate and enforceable for inspections and closings.

  • 01
    Gather Test Data: Collect recent radon test reports and lab certificates.
  • 02
    Select Contractor: Verify license, insurance, and references before engagement.
  • 03
    Draft Agreement: Include scope, schedule, costs, testing, and warranty.
  • 04
    Execute and Retain: Both parties sign; keep originals and digital copies.

Setting Up an Electronic Signing Workflow

Configure a consistent eSigning workflow to ensure each signer receives correct fields, authentication, and a signed copy for records.

Field Configuration
Signer Authentication Email link with optional SMS code for added verification
Field Types Signature, date, initials, text boxes, and conditional fields
Routing Order Specify sequential or parallel signing for owner and contractor
Storage Location Set cloud folder with audit trail retention

Technical and Security Considerations for eSigning

Use a platform that supports required authentication, audit trails, and secure storage to maintain enforceability and compliance.

  • Integrations: Connect to storage and CRM systems
  • File Formats: Accept PDF and DOCX reliably
  • Security: TLS and AES encryption required

Ensure the chosen provider documents intent and consent, preserves an audit trail, and can produce admissible records for lenders, inspectors, or courts.

Typical Electronic Execution Flow

A clear electronic workflow minimizes signer friction while preserving proof of execution, timestamps, and identity evidence.

  • Upload Document: Load the agreement into the eSigning platform.
  • Place Fields: Add signature, date, and input fields as needed.
  • Send to Signers: Dispatch by email link or SMS with routing order.
  • Complete & Archive: Signed copies and audit trail are saved securely.

Common Timelines and Processing Expectations

Typical milestones and reasonable time windows help set expectations for installation, testing, and warranty activation.

Review Period:

Owner review within 3 business days of receipt.

Permit Acquisition:

Obtain needed permits before installation begins.

Installation Window:

Install system within agreed 7–21 day window.

Post‑Install Testing:

Conduct retest 48–72 hours after system stabilizes.

Warranty Start:

Warranty begins on successful post‑installation test date.

Common Mistakes to Avoid

  • Using vague scope language that leaves out necessary tasks such as sealing or fan placement.
  • Failing to require contractor license, proof of insurance, or local permit verification before work starts.
  • Not specifying a test method, duration, and acceptable radon threshold for post‑installation verification.
  • Lack of a documented schedule for access, power availability, and homeowner responsibilities during installation.

Key Risks and Potential Consequences

Liability Exposure: Contractual damages possible
Regulatory Risk: Local code fines
Failed Inspection: Transaction delays
Insurance Issues: Claim denials possible
Warranty Disputes: Repair costs contested
Disclosure Failures: Real estate penalties

Document Formats and Supporting Attachments

Provide signed agreements in durable, standard formats and include all supporting documents to avoid disputes and to satisfy closing or regulatory reviewers.

PDF

Final signed copies should be exported as PDF/A to preserve format and embedded audit metadata for long-term retention.

DOCX

Keep an editable DOCX master for future amendments, redlines, and version control prior to final signature.

Audit Trail

Attach the platform's audit log showing timestamps, IP addresses, and signer authentication evidence as a supporting record.

Attachments

Include pre- and post-install test reports, permit confirmations, equipment datasheets, and manufacturer warranties.

Practical Examples from Real Estate Operations

These brief examples show how organizations use electronic agreements to manage radon mitigation tasks and documentation.

Optica Ventures LLC

The interface is simple and team-friendly, enabling remote execution of maintenance agreements.

  • Quick field deployment supported contract turnover.
  • Complete digital records reduced onsite paperwork and enabled faster resolution of post-install questions while preserving verification for buyers and inspectors.

Martin Properties

Process execution online ensured compliance across property portfolios.

  • Mobile signing allowed field techs to collect approvals.
  • Centralized signed records improved coordination with lenders and title agents, shortening closing timelines and reducing administrative rework for multi-property transactions.

Frequently Asked Questions

Answers to common questions about enforceability, notarization, authentication, and recordkeeping for Radon Mitigation Agreements.


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