PRECONTRACT NOTICES
Owner:
Contractor:
Project Location: .
Project Description:
Building Permits needed for the above mentioned project:
I, the Contractor, have a state certificate of financial responsibility showing I am either bonded or have
liability insurance, and that if required, I have worker’s compensation insurance and am making the
required unemployment insurance contributions. Such certificate is required for me to obtain the above
mentioned building permits.
You, the Owner, are entitled to receive written lien waivers from all contractors, subcontractors, and
material suppliers: (a) at or prior to the time final payment is made on the construction contract, and (b)
when partial payments are made at various stages of the project to the extend required by the construction
contract for the proportionate value for all labor, services, products, and materials furnished or delivered.
The insurance or protection is furnished by someone other than the Contractor.
The terms, conditions and limitations are as follows: ______________________ .
The name of the insurer or the person who is to furnish such protection is ______________________ .
The address of the insurer or the person who is to furnish such protection is ______________________ .
A copy of the insuring or protection agreement shall be furnished to the buyer before final payment is due
under the contract.
A person other than the seller is to act as the general contractor or assume responsibility for
performance of the contract.
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Name of responsible party: ______________________
Address of responsible party: ______________________
The contract shall not be sold or assigned without the written consent of the buyer.
AS REQUIRED BY THE WISCONSIN CONSTRUCTION LIEN LAW, CLAIMANT HEREBY
NOTIFIES OWNER THAT PERSONS OR COMPANIES PERFORMING, FURNISHING, OR
PROCURING LABOR, SERVICES, MATERIALS, PLANS, OR SPECIFICATIONS FOR THE
CONSTRUCTION ON OWNER'S LAND MAY HAVE LIEN RIGHTS ON OWNER'S LAND
AND BUILDINGS IF NOT PAID. THOSE ENTITLED TO LIEN RIGHTS, IN ADDITION TO
THE UNDERSIGNED CLAIMANT, ARE THOSE WHO CONTRACT DIRECTLY WITH THE
OWNER OR THOSE WHO GIVE THE OWNER NOTICE WITHIN 60 DAYS AFTER THEY
FIRST PERFORM, FURNISH, OR PROCURE LABOR, SERVICES, MATERIALS, PLANS OR
SPECIFICATIONS FOR THE CONSTRUCTION. ACCORDINGLY, OWNER PROBABLY
WILL RECEIVE NOTICES FROM THOSE WHO PERFORM, FURNISH, OR PROCURE
LABOR, SERVICES, MATERIALS, PLANS, OR SPECIFICATIONS FOR THE
CONSTRUCTION, AND SHOULD GIVE A COPY OF EACH NOTICE RECEIVED TO THE
MORTGAGE LENDER, IF ANY. CLAIMANT AGREES TO COOPERATE WITH THE
OWNER AND THE OWNER'S LENDER, IF ANY, TO SEE THAT ALL POTENTIAL LIEN
CLAIMANTS ARE DULY PAID.
NOTICE CONCERNING CONSTRUCTION DEFECTS
Wisconsin law contains important requirements you must follow before you may file a lawsuit for
defective construction against the contractor who constructed your dwelling or completed your
remodeling project or against a window or door supplier or manufacturer. Section 895.07 (2) and (3) of
the Wisconsin statutes requires you to deliver to the contractor a written notice of any construction
conditions you allege are defective before you file your lawsuit, and you must provide your contractor or
window or door supplier the opportunity to make an offer to repair or remedy the alleged construction
defects. You are not obligated to accept any offer made by the contractor or window or door supplier. All
parties are bound by applicable warranty provisions.
CONTRACTOR:
Signature
Print Name & Title
Date OWNER:
Signature
Print Name
Date
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DRYWALL CONTRACT
THIS DRYWALL 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: 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”) and more
particularly described as
Such drawings and 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.
Brand Name of Drywall:
Material: ” Drywall ” Drywall ” Drywall ” Drywall ” Drywall
Areas to Receive:
Hung With:
Drywall Nails inches on
center and glued. inches on
center and glued. inches on
center and glued. inches on
center and glued. inches on
center and glued.
Surface and Joint
Treatment will be taped and coat(s) of drywall compound applied, sanded and readied for painting
or other wall coverings.
Special Wall
Treatment
Ceiling
Treatment Labor and necessary materials to spray ceilings with textured spray; labor and necessary
materials to apply to ceilings.
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 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.
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5. INSURANCE: Contractor shall maintain general liability, workers compensation and builder's
risk insurance.
6. 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.
7. 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
estimated cost.
8. 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:
.
Finance charges at the rate of _____________ apply.
Hourly labor rates apply as follows: _________________________ . Materials cost apply as
follows: _________________________ . Other terms and conditions affecting price apply 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.
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9. 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.
10. 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.
11. 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.
12. 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 Wisconsin.
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 in such
proceeding shall be entitled to recover reasonable attorney fees and court costs.
14. 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.
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(c) Contractor agrees to remove all debris and leave the premises in broom clean condition.
15. WARRANTY: Contractor agrees to repair any defects in workmanship to walls and ceilings
such as nail pops, blisters and hairline cracks in excess of " for a period of .
Contractor agrees to make such repairs at the following times: prior to final payment, days
after move - in, and days after the move - in date. Owner agrees to provide Contractor with a
list of the defects and their exact location at each of the above-stated time periods; and Owner
agrees Contractor shall have a week time period in which to complete repairs. Contractor
shall not be responsible for any touch - up painting, nor be responsible for color mismatch of
painted surfaces, since this may be a result of oxidation or batch number of the painting mix.
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 year(s) from the date
hereof. 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.
AGREED:
CONTRACTOR:
Signature
Print Name & Title
Date
License Number
Name and Address of License Holder OWNER:
Signature
Print Name
Date
SALES REPRESENTATIVE (if applicable)
Name & Title
Address
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Note on when to provide the Owner the “Customer’s Right to Cancel” forms below.
If the Construction Contract is for home improvement and the Contract was signed
away from your regular place of business, you must provide the Owner two copies of
the “Customer’s Right to Cancel” form if one of the following also applies:
the transaction was initiated by face-to-face solicitation away from
the Contractor’s regular place of business; or
the transaction was initiated by mail; or
the transaction was initiated by a phone solicitation.
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CUSTOMER’S RIGHT TO CANCEL (Copy 1)
You may cancel this agreement by mailing a written notice to
( insert name)
( insert mailing address of seller )
before midnight of the third business day after you signed this agreement. If you wish, you may use this
page as that notice by writing “I hereby cancel” and adding your name and address. A duplicate of this
page is provided by the seller for your records.
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CUSTOMER’S RIGHT TO CANCEL (Copy 2)
You may cancel this agreement by mailing a written notice to
( insert name)
( insert mailing address of seller )
before midnight of the third business day after you signed this agreement. If you wish, you may use this
page as that notice by writing “I hereby cancel” and adding your name and address. A duplicate of this
page is provided by the seller for your records.
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REQUIRED NOTICE FOR DELAY
Performance on the Construction Contract between (“Contractor”)
and (“Owner”) dated (“Contract”) will be
delayed beyond the following deadline:
Specified performance goal:
.
Agreed date for completion: .
The delay was caused by:
New Proposed Deadlines:
Work shall resume on: and shall be completed on .
I have received this notice of delay and agree with the new deadline.
OWNER:
Signature
Print Name
Date
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