NOTICES
FLORIDA’S CONSTRUCTION LIEN LAW [FLORIDA STATUTES § 713.015] ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001-
713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR
PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A
RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR
PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR
CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS,
SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE
OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU
HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY
YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR
PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE
SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER
SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE
FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS
CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS
REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY
PERSON OR COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER.”
FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS
RECOMMENDED THAT YOU CONSULT AN ATTORNEY. FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND [FLORIDA STATUTES § 489.1425] PAYMENT MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS'
CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT
PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM
SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR.
FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM,
CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT
THE FOLLOWING TELEPHONE NUMBER AND ADDRESS: FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE, FLORIDA 32399-2215 TELEPHONE (850) 921-6593 FAX (850) 921-5450 *(optional notice for home solicitation contracts)
BUYER'S RIGHT TO CANCEL This is a home solicitation sale, and if you do not want the goods or services, you may
cancel this agreement by providing written notice to the seller in person, by telegram, or by
mail. This notice must indicate that you do not want the goods or services and must be
delivered or postmarked before midnight of the third business day after you sign this
agreement. If you cancel this agreement, the seller may not keep all or part of any cash
down payment. PAVING CONTRACT THIS PAVING 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: Paving is the creation of a site wearing surface (generally,
concrete, asphalt, or brick) for pedestrian or vehicular traffic and consists of a composite
structure, the thickness and construction of which are directly related to the type and
intensity of traffic, loads to be carried, and the bearing capacity and permeability of the
subgrade. Paving work includes the use of dozers, backhoes, loaders, transfer trucks,
pavers, rollers, motor graders, chip spreaders and water trucks to dig, form, pour, move,
place, finish and install materials that form the surface of roads, driveways, foundations, walls, walkways, and parking lots. Contractor shall provide all necessary paving labor
and materials, and perform all paving work described above and/or as set forth in the
plans and specifications signed by both Owner and Contractor (“Project”). Such plans
and specifications are hereby made a part of this Contract and may contain pictures,
diagrams or measurements of the work area 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 plans or specifications, no landscaping 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 not
specified in this agreement 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 and workers compensation
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 plans 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:{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, plans, and specifications are
intended to supplement one another. In the event of a conflict, the specifications shall
control the plans, and the Contract shall control both. If work is displayed on the plans
but not called for in the specifications, or if the work is called for in the specifications but
not displayed on the plans, 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 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 Florida.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 to 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's warranty shall be limited to defects in workmanship
within the scope of work performed by Contractor and which arise and become known
within one (1) year from the date hereof. All said defects arising after one (1) year 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.AGREED:CONTRACTOR:SignaturePrint Name & TitleDateLicense NumberName and Address of License HolderOWNER:SignaturePrint NameDate
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