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Waterproofing Service Contract

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WATERPROOFING SERVICE CONTRACT

This Waterproofing Service Contract (the "Contract") is made and entered into by and between Client Name: and Contractor Name: effective as of Effective Date: .

WHEREAS

WHEREAS, Client is the owner or authorized representative of the real property located at Property Address: (the "Property"); and

WHEREAS, Contractor is duly qualified and experienced in waterproofing services and agrees to perform waterproofing, repair, and related services for the Property in accordance with the terms and conditions set forth in this Contract.

SCOPE OF WORK

PAYMENT TERMS

Total Contract Price: $ .

Deposit required prior to mobilization: $ due on or before .

Final payment due upon Completion of Work as defined in this Contract and acceptance by Client. Contractor will submit a final invoice to Client; payment is due within days of invoice.

Late payment shall accrue interest at on overdue balances plus reasonable collection costs, including attorneys' fees.

TERM AND TERMINATION

Commencement of Work: Work shall commence no later than Commencement Date: .

Estimated Completion Date: . Time is of the essence; Contractor will provide written notice of any schedule change and reasonable extensions for excusable delays.

Termination for Cause: Either party may terminate this Contract for material breach if the breaching party fails to cure the breach within days after receiving written notice specifying the breach. Termination for convenience by Client requires written notice provided at least days prior to the desired termination date; Contractor shall be compensated for work performed and reasonable demobilization costs.

CONFIDENTIALITY

Each party agrees to keep confidential all non-public information obtained from the other party in connection with the performance of this Contract, including pricing, designs, testing results, proprietary techniques and any reports prepared by Contractor (collectively, "Confidential Information"). Confidential Information shall not include information that (i) is or becomes publicly available through no fault of the receiving party; (ii) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information; or (iii) is required to be disclosed by law, provided the disclosing party is given prompt notice and the disclosure is limited to the required minimum.

INSURANCE, INDEMNITY AND WARRANTIES

Contractor represents that it maintains workers' compensation coverage and commercial general liability insurance in amounts sufficient to perform the Work. Contractor shall provide proof of insurance on request. Contractor shall indemnify, defend and hold harmless Client from and against any claims, liabilities, damages, losses or expenses (including reasonable attorneys' fees) arising out of Contractor's negligence or willful misconduct in performing the Work, except to the extent caused by Client's negligence.

Workmanship Warranty: Contractor warrants its workmanship for a period of months from the date of Completion. This warranty does not cover damage caused by settlement, structural defects, subsequent alterations, or lack of maintenance. Materials warranties, if any, are limited to the manufacturers' terms.

CHANGE ORDERS

Any changes to the Scope of Work, price, or schedule shall be made only by a written change order signed by both parties. Change orders shall specify the change, any adjustment to the Contract Price, and any extension of time. Contractor shall not be required to perform work beyond the agreed Scope without an executed change order.

NOTICES

GOVERNING LAW; DISPUTE RESOLUTION

This Contract shall be governed by and construed in accordance with the laws of the state of Governing Law: , without regard to choice of law principles. The parties shall attempt in good faith to resolve disputes by negotiation. If unresolved, the parties agree that disputes arising under this Contract shall be resolved in the courts located in the county where the Property is located, and each party submits to such jurisdiction and venue.

ENTIRE AGREEMENT

This Contract, including any written change orders signed by the parties, constitutes the entire agreement between Client and Contractor with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written. No amendment shall be effective unless in writing and signed by both parties.

MISCELLANEOUS PROVISIONS

Assignment: Neither party may assign its rights or delegate its duties under this Contract without the prior written consent of the other party, except that Contractor may engage subcontractors for specific portions of the Work while remaining responsible for their performance.

Severability: If any provision of this Contract is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Contract as of the dates set forth below.

Client Printed Name:

Contractor Printed Name:

By:

By:

Date:

Date:

Enter text✕

What the Waterproofing Service Contract Is and When It Applies

A Waterproofing Service Contract is a written agreement that defines the scope, schedule, payment, warranties, and liabilities for waterproofing work performed on residential or commercial property. It records the parties (owner and contractor), specific materials and methods, insurer and licensing information, start and completion dates, and warranty terms. The contract allocates responsibility for permits, site access, change orders, and inspections. It is used to reduce disputes by documenting expectations, serve as the basis for invoicing and lien rights, and support compliance with local building and consumer-protection rules.

Why a Clear Contract Matters for Waterproofing Projects

A detailed contract limits ambiguity about work scope, reduces payment disputes, clarifies warranty coverage, and helps enforce workmanship standards. It provides a written basis for insurance claims and protects both parties when timing, access, or unforeseen conditions change.

Why a Clear Contract Matters for Waterproofing Projects

Who Typically Prepares and Signs This Contract

Typical users include property owners, general contractors, specialized waterproofing firms, and property managers who need to document scope and payment terms.

  • Property owners and managers who require written proof of scope, warranty, and pricing before authorizing work.
  • Waterproofing contractors and subcontractors who need to document obligations, materials, change orders, and payment schedules.
  • Insurance adjusters and lenders who review contracts when claims, repairs, or loan conditions involve waterproofing remediation.

Each user role should confirm licensing, insurance, and authority to bind the organization before signing to avoid later disputes.

Step-by-Step: Completing and Executing the Contract

Follow these sequential steps to prepare, review, sign, and store a waterproofing contract with clear recordkeeping.

  • 01
    Prepare document: Fill all required fields and attach technical specs or exhibits.
  • 02
    Verify credentials: Confirm contractor license, insurance, and references before signing.
  • 03
    Obtain signatures: Collect authorized signatures and dates from both parties.
  • 04
    Store records: Save executed copies and track warranty and payment milestones.

Essential Contract Clauses to Include

A professional waterproofing contract should include clauses that allocate risk, define performance standards, and set administrative procedures.

Scope

Define work location, methods, materials, measurements, and a clear statement of deliverables to prevent scope creep and disputes.

Payment

State contract price, deposit amount, schedule of progress payments, retainage, invoicing procedure, and accepted payment methods.

Change Orders

Describe process for approving scope changes, pricing adjustments, authorization signatures, and time impacts.

Warranties

Set warranty length, coverage (materials and workmanship), notice procedures, and repair obligations for defects.

Insurance and Indemnity

Require contractor insurance limits, indemnification language, and proof of coverage before work begins.

Termination

Outline conditions for termination, cure periods, payment for work performed, and dispute resolution steps.

Security and Compliance Essentials for Digital Execution

Encryption: TLS 1.2/1.3; AES-256 at rest
Audit trail: Time, IP, and action log
Certifications: SOC 2 Type II; ISO 27001
HIPAA: BAA required for PHI
Legal acts: ESIGN and UETA compliant
Accessibility: WCAG 2.0 Level AA

Principal Risks and Consequences of Errors

1099 penalties: $60 / $130 / $330 per form
Intentional disregard: $660+ per form
I-9 violations: $281–$2,789 per violation
Backup withholding: 24% withholding rate
Unenforceable terms: Vague scope may void remedies
Invalid signatures: E-sign errors can impair enforceability

Common Preparation Errors to Avoid

  • Leaving the scope vague or using subjective language that invites dispute over accepted work and payment triggers.
  • Omitting license or insurance details, which can delay payments, invalidate coverage claims, or breach local contracting rules.
  • Failing to document change orders in writing and signed by both parties, causing cost overruns and scheduling disputes.
  • Using incomplete signature blocks or unsigned exhibits; unsigned attachments may not be enforceable as part of the contract.

Where to Send, File, and Archive the Executed Contract

After signatures, route copies to all parties, retain master records, and provide documentation to insurers or lenders as needed.

  • Owner copy: Provide PDF to property owner and property manager.
  • Contractor copy: Deliver signed copy to the contractor for job files.
  • Insurer / lender: Send copy when claims or loan conditions require it.
  • Record retention: Store executed PDF in secure records with access controls.

Configuring an Electronic Signing Workflow

Set up fields, authentication, and routing to match the contract signatory order and evidence requirements.

Field Configuration
Signature Field Required; signer name auto-populates
Authentication Email link or SMS code for signer verification
Conditional Fields Show payment or warranty fields when applicable
Routing Order Sequential or parallel signer order as needed

Technical Requirements for eSigning and Storage

Choose a platform that supports required authentication, audit trails, and secure file formats before executing contracts.

  • Integrations: Salesforce, NetSuite, Microsoft 365
  • File formats: PDF, DOCX, HTML supported
  • Authentication: Email, SMS, or two-factor

Key Dates to Record in the Contract

Explicit dates prevent disputes and trigger performance, payment, inspection, and warranty obligations.

Effective date:

Date parties agree and obligations commence

Start of work:

Planned mobilization or site access date

Completion target:

Contractual final completion or milestone date

Payment schedule:

Due dates for deposits and milestone payments

Warranty expiry:

End date for contractor warranty coverage

Project Milestones from Proposal to Closeout

Track these sequential milestones and assign responsible parties and dates to each to manage progress and disputes.

01

Proposal Approved

Owner approves scope and initial deposit is paid.

02

Work Mobilization

Contractor mobilizes crew and secures permits.

03

Performance & Inspections

Work completed and inspections or punch lists issued.

04

Final Acceptance

Owner signs acceptance and final payment is released.

Comparing eSignature Providers for Signing Contracts

Basic pricing and feature availability vary by vendor; signNow appears first for comparison and supports common legal and security needs.

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 Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Frequently Asked Questions About the Waterproofing Service Contract

Answers to common practical and legal questions about completing, signing, and retaining a waterproofing contract.


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