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Waterproofing Contract Template

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WATERPROOFING CONTRACT

Parties

WHEREAS, Client desires to engage Contractor to perform waterproofing services at the Premises located at ;

WHEREAS, Contractor represents that Contractor possesses the experience, skills, equipment and licenses necessary to perform waterproofing services as further described below, and agrees to perform such services in a professional and workmanlike manner in accordance with industry standards;

WHEREAS, the parties desire to set forth the terms and conditions under which Contractor shall perform the work and Client shall compensate Contractor.

Scope of Work

Contractor shall furnish all labor, materials, equipment and supervision necessary to complete the waterproofing work described below (the "Work"). The Work includes, but is not limited to, the following:

Work shall also include preparatory measures, surface cleaning, repair of minor substrate defects reasonably necessary to accept the waterproofing system, installation of specified membranes and flashings, protection of finished work, and final inspection and cleanup. Any items not expressly included in the scope shall be treated as change orders if requested by Client.

Payment Terms

Contract Price: Client shall pay Contractor the total sum of $ for satisfactory completion of the Work in accordance with this Agreement.

Final Payment: Final payment of the remaining balance shall be due upon substantial completion and acceptance of the Work, subject to reasonable holdback for punch list items and statutory lien withholding where applicable.

Late Payment: Any undisputed sum not paid when due shall accrue interest at the rate of per month (or the maximum allowable by law), and Client shall pay a late charge of $ for administrative costs for each late invoice.

Term and Termination

Commencement Date: The Work shall commence no later than unless delayed for reasons specified herein.

Estimated Completion Date: Contractor shall substantially complete the Work by subject to adjustments for weather, change orders, or causes beyond Contractor's control.

Termination for Cause: Either party may terminate this Agreement for material breach if the breaching party fails to cure such breach within the notice period specified above. Termination for convenience by Client requires payment to Contractor for Work performed, materials ordered, and reasonable demobilization costs.

Change Orders

Any alterations, additions or deletions to the Work shall be made only by written change order signed by both parties which shall set forth adjustments to the Contract Price and time for performance. Contractor is not obligated to perform changed work absent an executed change order.

Permits, Approvals and Site Conditions

Client shall obtain and pay for any permits, inspections or governmental approvals unless otherwise agreed in writing. Client warrants that Contractor will have reasonable access to the Premises and that latent conditions known to Client and materially affecting the Work have been disclosed; unknown concealed conditions may entitle Contractor to equitable adjustment.

Warranties and Remedies

Contractor warrants that the Work will be free from defects in workmanship for a period of from the date of substantial completion. Manufacturer warranties for materials shall pass through to Client to the extent assignable. This warranty does not cover damage due to settlement, misuse, neglect, acts of God, or alterations by others.

Insurance, Indemnity and Liability

Contractor shall maintain commercial general liability, workers' compensation and automobile liability insurance in amounts customary for contractors performing similar work. Client shall be named an additional insured on commercial general liability for claims arising from Contractor's work if requested in writing prior to commencement.

Indemnity: Contractor shall indemnify and hold harmless Client from claims, liabilities and expenses to the extent caused by Contractor's negligent acts or omissions in the performance of the Work. Client shall indemnify Contractor against claims arising from Client's negligence, site conditions not disclosed to Contractor, or the acts of third parties.

Confidentiality

Each party agrees that all non-public information obtained from the other in connection with the Work, including designs, specifications, pricing, and business information, shall be kept confidential and used only for the performance of this Agreement. Confidential information shall not include information that is publicly known through no fault of the receiving party or that is required to be disclosed by law, provided prompt notice is given to the disclosing party.

Acceptance of Work

Upon completion, Contractor shall notify Client and provide reasonable opportunity for inspection. Client shall promptly inspect and either accept the Work or provide a written punch list of items claimed not to conform. Failure to provide written notice within days shall be deemed acceptance.

Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of laws principles. The parties agree to good faith negotiation of disputes prior to initiation of litigation; remedies at law shall be available in addition to any equitable relief.

Entire Agreement

This Agreement, together with any exhibits and executed change orders, constitutes the entire agreement between the parties with respect to the Work and supersedes all prior negotiations, representations and agreements, whether written or oral. Any modification to this Agreement must be in writing and signed by both parties.

Miscellaneous

Severability: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Waiver of any breach shall not constitute a waiver of any subsequent breach.

Insurance Provided: Contractor represents that required insurance is in force and available upon request.

Client:

By:

Date:

Contractor:

By:

Date:

Enter text✕

What the Waterproofing Contract Template Covers

A Waterproofing Contract Template is a written agreement that defines the relationship between a property owner and a contractor supplying waterproofing services. It documents the parties, detailed scope of work, materials and brand specifications, site access, project schedule, payment milestones, change order procedures, warranties, insurance requirements, permit responsibilities, and remedies for defects. The template is used to create a project-specific contract that reduces ambiguity, supports permitting and inspections, and provides a record suitable for dispute resolution or lien enforcement when necessary.

Why a Clear Contract Matters for Waterproofing Work

A professional template clarifies expectations, reduces change-order disputes, secures payment terms, and documents warranties and permit responsibilities so both parties understand risk allocation and performance standards.

Why a Clear Contract Matters for Waterproofing Work

Who Typically Prepares and Signs This Agreement

The Waterproofing Contract Template is used by anyone managing or performing waterproofing projects, from small repairs to full building envelopes.

  • Licensed waterproofing contractors and subcontractors who need consistent, defensible contract language for bids and installs.
  • Property owners and property managers who must document scope, timelines, and payment to protect asset value.
  • General contractors and construction managers coordinating waterproofing as part of larger renovation or new-build projects.

Use the template to standardize terms across jobs, simplify approvals, and make contract comparisons easier during procurement.

Core Elements to Include in Every Waterproofing Contract

A complete contract balances technical detail with enforceable commercial terms so expectations are clear and remedies are available if performance or payment disputes arise.

Parties

Identify full legal names and contact details for owner, contractor, and any authorized representatives; include license numbers where required.

Scope of Work

Describe tasks, affected areas, surface preparation, waterproofing systems, layers, and acceptance criteria so work is measurable and inspectable.

Schedule

State start date, milestones, expected completion, and weather or access contingencies to manage delays and liquidated damages if applicable.

Payment Terms

Specify contract price, deposit, progress payments, retainage, final payment conditions, and acceptable payment methods to reduce disputes.

Warranties

Define contractor warranties (duration and scope), manufacturer product warranties, and procedures for defect claims and repairs.

Insurance & Indemnity

List minimum insurance limits, required certificates, indemnity language, and responsibility for third-party claims during the project.

Step-by-Step: Fill Out and Execute the Template

Follow these steps to produce a complete, enforceable contract ready for signatures and any required filings or notarizations.

  • 01
    1. Gather documents: Collect licenses, insurance certificates, and product data sheets before drafting.
  • 02
    2. Define scope: Write measurable tasks and acceptance criteria to avoid ambiguity.
  • 03
    3. Set payment terms: Agree deposits, milestones, retainage, and final inspection conditions.
  • 04
    4. Sign and distribute: Obtain signatures, distribute executed copies, and retain originals for records.

Configuring an Online Workflow for This Contract

Set up a digital workflow that matches your approval steps, authentication needs, and file distribution preferences.

Field Configuration
Document upload Accept PDF or DOCX, use flattened copy for final storage
Field placement Place signature, date, initials, and checkbox fields where logical
Authentication level Select email link, SMS code, or multi-factor as required
Post-sign routing Auto-send executed PDF and certificate to owner and contractor

Technical Considerations for eSigning and File Formats

Choose a platform that supports required file types, signer authentication, and audit trails.

  • File formats: PDF and Word DOCX supported
  • Integrations: Salesforce, NetSuite, Google Workspace supported
  • Storage: Box, Egnyte, AWS compatibility

Ensure the selected service offers audit logs, exportable signed PDFs, and the ability to attach related permits or certificates for a complete project record.

Typical Digital Signing Flow for the Contract

Digital execution follows a consistent sequence from upload to completed record and audit trail capture.

  • Upload document: Sender uploads contract to the platform
  • Place fields: Add signature, date, and optional initial fields
  • Add signers: Enter signer emails and roles
  • Send to sign: Platform delivers signing link and records events

Key Dates to Include and Track in the Agreement

Document explicit dates to avoid later disputes about performance, inspection, or warranty triggers.

Effective date:

Contract obligations begin on this MM/DD/YYYY date

Work start date:

Date when onsite work may commence

Milestone completion:

Dates for interim inspections and payment triggers

Final completion:

Defect inspection and final payment due date

Warranty commencement:

Start date for warranty period and notice requirements

Contract Lifecycle: Project Milestones

A milestone timeline keeps stakeholders aligned and supports progress-based payments and inspections.

01

Estimate & Contract

Proposal acceptance and contract signing initiate mobilization activities.

02

Mobilization

Site preparation, material ordering, and permit confirmation occur before work starts.

03

Work in Progress

Progress inspections and milestone payments occur as agreed in schedule.

04

Final Acceptance

Punch-list resolution, final inspection, and release of retainage on acceptance.

Common Preparation Mistakes to Avoid

  • Vague scope descriptions that omit substrate preparation or warranty limitations lead to disputes during inspections and claims.
  • Failing to verify contractor licenses and insurance certificates before starting work exposes owners to liability for defective installations.
  • No clear change-order process results in unauthorized extras and payment delays when unforeseen site conditions arise during waterproofing.
  • Missing or incomplete permit obligations can stop work, incur fines, and void some manufacturer warranties for installed systems.

Risks and Consequences of an Incomplete or Incorrect Contract

Payment disputes: Delayed or withheld payments
Mechanic's lien: Legal claim against property
Permit violations: Fines and work stoppage
Warranty loss: Invalidated manufacturer coverage
Project delays: Extended completion times
Insurance gaps: Uninsured third-party claims

Basic eSignature Pricing and Feature Snapshot

Compare starting price and core capabilities for common eSignature providers; signNow appears first as listed per comparison requirements.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently Asked Questions About the Waterproofing Contract Template

Answers to common execution, legal, and eSigning questions to help avoid mistakes and ensure enforceability.


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