Demolition Contract

Demolition Contract

This Demolition 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: Demolition is the process of using wrecking machinery ... Contractor shall provide all necessary demolition labor and materials, and perform all demolition services 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 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.

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 .

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 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.

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.

8. CHANGES TO SCOPE OF WORK: Owner may make changes to the scope of the work only by written Change Order signed by both parties.

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.

11. ASSIGNMENT: Neither party may assign this Contract, or payments due under the Contract, without the other party’s written consent.

12. INTERPRETATION:

(a) Interpretation of Documents. The Contract, plans, and specifications are intended to supplement one another.

(b) Entire Agreement. This Contract constitutes the entire agreement of the parties.

(c) Governing Law. This Contract shall be interpreted and governed in accordance with the laws of the State of New Jersey.

13. 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 shall be entitled to recover reasonable attorney fees and court costs.

14. PERFORMANCE:

(a) Contractor may engage licensed subcontractors to perform work pursuant to this Contract.

(b) All work shall be completed in a workman-like manner and in compliance with all building codes and applicable laws.

(c) Contractor agrees to remove all debris and leave the premises in broom clean condition.

15. 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.

A mortgage or security interest to be taken in connection with the financing or sale of the home improvement applies and is described as follows:

A person other than the seller is to act as the general contractor or assume responsibility for performance of the contract and is identified as:

Name:

Address:

NOTICE TO OWNER

Do not sign this contract in blank. You are entitled to a copy of the contract at the time you sign. Keep it to protect your legal rights.

Workmen's compensation and public liability insurance are carried by the home repair contractor and applicable to the work to be performed under the contract.

The home repair contractor is qualified as a self-insurer pursuant to Title 34;

The home repair contractor is precluded from purchasing workmen's compensation under chapter 15 of Title 34 of the Revised Statutes, and does not carry workmen's compensation insurance.

* Required for use in home solicitation sales only:

Receipt

Contractor's Name

Contractor’s Place of Business

Description of the goods and services sold:

Amount of money paid by the owner or the cash value of any goods delivered to the home repair contractor at the time the home repair contract was entered into:

NOTICE TO OWNER: YOU MAY RESCIND THIS SALE PROVIDED THAT YOU NOTIFY THE HOME REPAIR CONTRACTOR OF YOUR INTENT TO DO SO BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, POSTMARKED NOT LATER THAN 5 P.M. OF THE THIRD BUSINESS DAY FOLLOWING THE SALE.