* Optional notice - required only if the homeowner has borrowed or is borrowing money to finance the
home improvement project:
This contract creates a mortgage or lien against your property to secure payment and may cause a
loss of your property if you fail to pay the amount agreed upon. You have the right to consult an
attorney. You have the right to rescind this contract within 3 business days after the date you sign
it by notifying the contractor in writing that you are rescinding the contract.
Buyer's initials: _____________
SIDING CONTRACT
THIS SIDING 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.
AREA NUMBER/SQ. FT. MATERIAL TO BE
INSTALLED
Electrical Outlets
Gas Pipe Outlets
Dryer Vent Outlets
Light Fixture Outlets
Door Bell Outlets
Faucet Outlets
Windows
Doors
Walls
Face Boards
Overhangs
Inside/Outside Corners
Frieze/Belly
Gutters/Downspouts
Other
MATERIALS BRAND/TYPE COLOR/SIZE
Wall Wrap
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Window and Door Rubber
Tape
Siding
Flashing
Ledger Boards
Nails
Outlet/Fixture Blocks
Sill/Finish Trim
Coil
J-Channel
Starter Strips
Vents
Cornerposts
Overhang Material
Other:
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.
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
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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:
.
A contractor cannot accept more than 1/3 of the contract price as a deposit and may not accept any
payment until the contract is signed. If payment will be made by monthly payments, the total
number of monthly payments is __________ , the amount of each payment will be $ __________ ,
including a finance charge of __________ .
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.
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.
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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 Maryland.
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.
(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 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 OWNER:
Signature
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Print Name & Title
Date
License Number
Name and Address of License Holder
Phone Number
Salesperson (if applicable)
Salesperson's License Number
Signature of Salesperson
Print Name
Date
- 5 -
Notice for Homeowners
Each contractor and subcontractor must be licensed by the Commission and anyone may ask the
Commission about a contractor or subcontractor.
Department of Labor, Licensing and Regulation
Division of Occupational and Professional Licensing
Maryland Home Improvement Commission
500 North Calvert Street
Baltimore, Maryland 21202-3651
410-230-6309
1-888-218-5925
e-mail: mhic@dllr.state.md.us
1. Formal mediation of disputes between homeowners and contractors is available through the
Commission;
2. The Commission administers the Guaranty Fund, which may compensate homeowners for
certain actual losses caused by acts or omissions of licensed contractors; and
3. A homeowner may request that a contractor purchase a performance bond for additional
protection against losses not covered by the Guaranty Fund.
_____________________________ __________________________
Buyer's Signature Contractor's Signature
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*Optional notice - required only for door-to-door sales:
(Enter Date of Transaction)
___________________
Date
You may cancel this transaction, without any penalty or obligation, within three business days from
the above date.
If you cancel, any property traded in, any payments made by you under the contract or sale, and
any negotiable instrument executed by you will be returned within 10 business days following
receipt by the seller of your cancellation notice, and any security interest arising out of the
transaction will be cancelled.
If you cancel, you must make available to the seller at your residence, in substantially the same
condition as when received, any goods delivered to you under this contract or sale; or you may, if
you wish, comply with the instructions of the seller regarding the return shipment of the goods at
the seller’s expense and risk.
If you do make the goods available to the seller and the seller does not pick them up within 20 days
of your notice of cancellation, you may retain or dispose of the goods without any further
obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to
the seller and fail to do so, then you remain liable for performance of all obligations under this
contract.
To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any
other written notice to:
______________________________ at
(name of seller)
_________________________________
(address of seller’s place of business)
not late then midnight of _________________________________
(date)
I hereby cancel this transaction
______________________ _________________________________________
(date) (Buyer’s signature)
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