- 1 - 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 extent 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.
- 2 - 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 DateOWNER:Signature Print Name Date
- 3 - 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
- 4 - 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:
.
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.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.
- 5 - 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 Wisconsin.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
- 6 - manufacturer of such materials.AGREED:CONTRACTOR:Signature Print Name & Title Date License Number Name and Address of License HolderOWNER:Signature Print Name DateSALES REPRESENTATIVE (if applicable) Name & Title Address
- 7 - 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; orthe transaction was initiated by mail; orthe transaction was initiated by a phone solicitation.
- 8 - 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.
- 9 - 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.
- 10 - 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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