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 Georgia.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:
1. SCOPE AND DURATION. ________________________________, whose business
address is ________________________________, as warrantor (“Contractor”),warrants
to the above-named Owner (“Owner”), for a period of one (1) year from the date of
Substantial Completion (“Warranty Period”), as more specifically defined in the
Construction Contract between Owner and Contractor (the “Contract”), that all repairs,
renovations, or other remodeling undertaken by Contractor to the Project, except such
repairs, renovations, or other remodeling specifically excluded below, substantially
conform with the Construction Standards set forth in the Agreement.2. WARRANTOR’S DUTY. Upon receiving notice during the Warranty Period, as
described in by Article 5 below, of any defect covered by this Limited Warranty,
Contractor, at its sole option and expense, shall repair, replace, or pay reasonable sums
necessary to make such repairs to conform with the Construction Standards set forth in
the Contract. This Limited Warranty does not cover minor cosmetic flaws which were not
listed in the Project List.3. EXCLUSIONS.A. This Limited Warranty does not cover consumer products for the purpose of the
Magnuson-Moss Warranty Act, 15 U.S.C. Sec. 2301 et seq. Contractor’s only duty with
respect to items not warranted by Contractor shall be to assign and deliver to the Owner
all manufacturers’ and suppliers’ warranties that by their terms are assignable covering
consumer products, including appliances, fixtures, finishes, and other equipment installed
in and provided with the Project. Contractor is in no way responsible for performance
under any manufacturer’s or supplier’s warranties.B. This Limited Warranty covers only items that have been repaired, renovated, or
otherwise improved by Contractor under the Contract between Owner and Contractor.
This Limited Warranty does not cover repairs, renovations, or other remodeling work not
undertaken by Contractor; defects resulting from improper maintenance, misuse, abuse,
or failure of Owner to follow operating instructions; and defects or damage resulting
from fires, floods, storms, the elements, electrical malfunctions, accidents, or acts of God.C. Under no circumstances shall Contractor be responsible by virtue of this Limited
Warranty or otherwise for any secondary damages to a person or Project arising from the
use or inability to use the Project because of a defect, whether such damages are
incidental or consequential.D. This Limited Warranty covers only construction activities on or within the residence.
This Limited Warranty does not cover defects in recreational facilities, swimming pools,
fences, driveways, landscaping, or other improvements which are not a part of the home.4. OTHER RIGHTS. This Limited Warranty is in addition to any rights that the Owner
may have under state, federal, and local laws, including but not limited to rights under
applicable governmental codes, regulations or local ordinances. If the current edition of
the Residential Construction Performance Guidelines as published by the National
Association of Home Builders (“Guidelines”) includes a standard for specific work or
activities covered by this Limited Warranty that is more stringent than one in the
Homeowner Handbook, the Guidelines standard shall apply.5. WARRANTY PROCEDURES. If Owner discovers a defect during the Warranty
Period which is covered by this Limited Warranty, Owner shall notify Contractor in
writing within nine (9) days of discovery, describing in specific terms the nature of such
defect. Upon receipt of the written statement, Contractor’s representatives will meet with
Owner, inspect the item, and shall make efforts to have any defect covered by this
Limited Warranty corrected within a reasonable period of time. If such discovery is made
within nine (9) days prior to the expiration of the Warranty Period, Owner must also
notify Contractor by phone within twenty-four (24) hours of such discovery at the
address and number provided below. NOTWITHSTANDING ANY OTHER
PROVISION HEREOF, WARRANTOR SHALL HAVE NO LIABILITY
HEREUNDER UNLESS OWNER COMPLIES WITH ALL APPLICABLE NOTICE
REQUIREMENTS PROVIDED HEREIN. The notice must be delivered to the following
address: Street Address ________________________________, City ________________________________, Georgia, Zip Code: _______________.
Contractor's phone number for notice within 24 hours of discovery of defects is
________________________________.17. DISPUTE RESOLUTION NOTICE TO OWNER : GEORGIA LAW
CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU
MAY FILE A LAWSUIT OR OTHER ACTION FOR DEFECTIVE CONSTRUCTION
AGAINST THE CONTRACTOR WHO CONSTRUCTED, IMPROVED, OR
REPAIRED YOUR HOME. NINETY DAYS BEFORE YOU FILE YOUR LAWSUIT
OR OTHER ACTION, YOU MUST SERVE ON THE CONTRACTOR A WRITTEN
NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE. UNDER THE LAW, A CONTRACTOR HAS THE OPPORTUNITY
TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS OR BOTH. YOU
ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY A CONTRACTOR.
THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW,
AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A
LAWSUIT OR OTHER ACTION.*optional notice to include in installment contracts: Notice to the Buyer Do not sign this before you read it or if it contains any blank spaces. You are entitled to an exact
copy of the paper you sign. You have the right to pay in advance the full amount due and
under certain conditions to obtain a partial refund of the time price differential.AGREED:
CONTRACTOR:SignaturePrint Name & TitleDateLicense NumberName and Address of License HolderOWNER:SignaturePrint NameDateAddress of Owner