Are electronic signatures valid?

Yes. Electronic signatures are legally enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and state laws such as the Uniform Electronic Transactions Act where adopted. Ensure intent, consent, attribution, and reliable record retention to satisfy legal tests.

Do I need a notary or witness?

Most service contracts do not require notarization, but state rules vary and certain instruments affecting real property may require notarization or witnesses. Confirm local requirements before execution to ensure recordability or third-party enforceability.

Can I use a template without legal review?

Templates are helpful but risky for complex or high-value projects. When scope, indemnity, or warranty terms materially affect risk, seek legal review to tailor provisions and verify state-specific rules.

What identifies an authorized signer?

Use the entity’s full legal name and require the signer’s printed name and title. For businesses, confirm signatory authority via resolution or corporate record to prevent later challenges to enforceability.

Are change orders valid if emailed?

Change orders should be documented in writing, signed or electronically signed by authorized parties, and reference the original agreement. Informal email approvals increase dispute risk unless the contract allows such communication method.

How long should I keep the executed contract?

Retain the original executed agreement for the term plus at least three years; retain warranty and financial records longer as needed. Refer to IRS rules (IRC §6501(a)) and industry-specific regulations for exact retention periods.

Electronic Signature
Templates
Miscellaneous
Waterproofing Services Agreement

Waterproofing Services Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

WATERPROOFING SERVICES AGREEMENT

Parties

This Waterproofing Services Agreement (the "Agreement") is entered into on the Effective Date below by and between:

Contractor Name Contractor Address Contractor License / Registration Number Client Name Client Address

Recitals

WHEREAS, Contractor is engaged in the business of providing waterproofing, membrane installation, crack repair, drainage and related services and represents that Contractor possesses the skill, experience and necessary licenses and insurance to perform such services; and

WHEREAS, Client owns or controls the property located at and desires to retain Contractor to perform waterproofing services described below; and

WHEREAS, the parties wish to set forth the terms and conditions under which Contractor will perform such services.

Scope of Work

Contractor shall perform waterproofing services as described below. Contractor will furnish labor, materials, equipment and supervision necessary to complete the work in a workmanlike manner in accordance with industry standards.

Detailed Scope of Work (describe specific locations, surfaces, materials, and methods) Permits and Approvals (if applicable)

Payment Terms

Client shall pay Contractor the total sum for the work as set forth below. Unless otherwise stated, all amounts are in lawful currency and exclude applicable sales or use taxes.

Contract Price (Total) Deposit Amount Payment Schedule / Milestones Final Completion Date (estimated) Late Payment Fee

All undisputed invoices shall be due and payable in accordance with the Payment Schedule. Client shall not unreasonably withhold payment for properly performed work. Contractor may suspend work if invoices are not paid within days after written notice of nonpayment.

Term and Termination

This Agreement commences on the Effective Date and continues until completion of the Scope of Work, unless earlier terminated as provided herein.

Effective Date: . Anticipated End Date:

Either party may terminate this Agreement for material breach if the breach remains uncured after days' written notice. Additionally, either party may terminate for convenience upon days' prior written notice. Upon termination, Client shall pay Contractor for all work performed and materials ordered through the date of termination plus reasonable demobilization costs.

Confidentiality

Each party shall maintain the confidentiality of the other party's confidential information disclosed in connection with this Agreement and shall not use or disclose such information except as necessary to perform obligations under this Agreement or as required by law. Confidential information does not include information that is or becomes publicly available without breach of this Agreement, was known prior to disclosure, or is independently developed.

Warranties; Limitations of Liability

Contractor warrants that services will be performed in a workmanlike manner for a period of months from substantially completion, subject to limitations set forth herein. This warranty does not cover pre-existing conditions, structural defects, acts of third parties, or damage from subsequent modifications. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, CONTRACTOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.

IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES. CONTRACTOR'S AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY CLIENT UNDER THIS AGREEMENT.

Insurance and Indemnity

Insurance Coverage

Contractor shall maintain insurance customary for the trade, including commercial general liability and workers' compensation, and shall provide certificates upon reasonable request. Contractor agrees to indemnify and hold Client harmless from claims arising from Contractor's performance, except to the extent caused by Client's negligence or willful misconduct.

Change Orders

Any changes to the Scope of Work, price or schedule shall be made only by written Change Order signed by both parties. Contractor shall not proceed with changes until a Change Order is executed, except that Contractor may perform minor non-price-affecting work necessary for safety or code compliance.

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 law principles. The parties shall attempt in good faith to resolve disputes by negotiation. If unresolved, disputes shall be submitted to binding arbitration in the county where the property is located, with costs allocated as the arbitrator deems appropriate.

Entire Agreement; Severability

This Agreement, including all exhibits and executed Change Orders, constitutes the entire agreement between the parties regarding the subject matter and supersedes all prior agreements and understandings. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Miscellaneous Provisions

Notices under this Agreement must be in writing and delivered to the addresses set forth above. Time is of the essence with respect to schedule milestones. Neither party may assign this Agreement without the prior written consent of the other, except that Contractor may assign receivables.

Acknowledgment

The parties acknowledge that they have read this Agreement, understand its terms, and agree to be bound by them. The person signing below on behalf of a party represents that they are authorized to bind that party.

Contractor (Print Name):

By:

Date:

Client (Print Name):

By:

Date:

What a Waterproofing Services Agreement Is

A Waterproofing Services Agreement is a written contract that defines the scope, timing, price, and responsibilities for waterproofing work on a building or structure. It sets the contractor’s obligations for surface preparation, materials, warranties, site access, and completion milestones, and it records the owner’s payment terms, inspections, and acceptance criteria. The agreement also allocates risk for unforeseen conditions, change orders, insurance, and indemnity.

Why a Formal Contract Matters for Waterproofing Work

A clear agreement reduces disputes by recording expected materials, performance standards, timelines, and remedies; it protects both owner and contractor and clarifies who pays for extras and repairs.

Who Typically Uses a Waterproofing Services Agreement

This agreement is used by property owners, general contractors, specialty waterproofing contractors, and facilities managers to formalize work on basements, roofs, foundations, decks, and below-grade structures.

Property owners and facility managers who need assurance of scope, warranty, and payment schedule.
General contractors or construction managers hiring specialty waterproofing subcontractors.
Specialty waterproofing contractors providing estimates, warranty commitments, and performance milestones.

Using a written agreement assists project scheduling, leverages insurance requirements, and creates an auditable record for payments and warranty claims.

Core Sections to Include in a Professional Agreement

A robust Waterproofing Services Agreement organizes contractual elements so obligations, timeline, compensation, and remedies are clear and enforceable.

Scope of Work

Define specific surfaces, materials, inspection stages, performance criteria, and exclusions so both parties share expectations and measurable acceptance tests.

Price & Payment

State total contract price, deposit amount, progress payment schedule, retainage, payment method, and conditions for withholding or final payment.

Schedule & Milestones

Specify start and completion dates, weather contingencies, critical path items, and notice requirements for delays or access limitations.

Change Orders

Describe written authorization for scope changes, pricing adjustments, time impacts, and approval process for unforeseen conditions.

Warranties & Remedies

Detail material and workmanship warranty periods, remedial obligations, and whether the contractor will repair or reimburse for defects.

Liability & Insurance

Allocate risk through indemnity language, insurance minimums (general liability, workers’ comp), and limits on consequential damages where permitted.

Step-by-Step: Completing the Agreement

Follow a consistent sequence to reduce omissions and ensure all parties understand obligations before work begins.

01

1. Identify Parties: Enter legal names and contacts for owner and contractor.
02

2. Define Scope: Describe work, materials, exclusions, and testing requirements.
03

3. Set Price & Schedule: Record payment milestones, retainage, start and completion dates.
04

4. Sign and Distribute: Obtain authorized signatures, date the document, and share executed copies.

Customizing the Agreement for Online Completion

Configure form fields and signing order to match your operational needs when using an e-signature platform.

Field	Configuration
Signer Roles	Assign Owner, Contractor, and Witness roles with email addresses
Mandatory Fields	Set signatures, dates, and scope confirmation as required
Conditional Sections	Show change-order block only when 'Change Orders Allowed' checked
Authentication	Choose email link, SMS code, or KBA per transaction risk

Digital Signing and File Format Considerations

Use platforms that produce auditable, tamper-evident signed copies and support common formats (PDF, DOCX).

Formats: PDF and DOCX support retain formatting and are widely accepted
Audit Trail: Platform should record timestamps, IP, and signer actions
Integrations: Link to storage or project platforms (e.g., Procore, Box, NetSuite) for recordkeeping

Consider stronger signer authentication for high-value contracts; ensure the platform complies with ESIGN/UETA and any industry rules such as HIPAA if handling protected health information.

Where to Send or File the Executed Agreement

After signature, route executed copies to all parties and retain one copy in project records for warranty and claims management.

Owner Copy: Owner retains original for maintenance and warranty claims
Contractor Copy: Contractor keeps executed contract for invoicing and warranty obligations
Project File: Add to digital project folder in cloud storage or construction management system
Insurance/Legal: Provide certificate of insurance and executed agreement to risk or legal teams when requested

Key Timeline Dates to Record

Track contract dates that affect performance, payment, and dispute windows to avoid missed obligations or penalties.

Effective Date:

MM/DD/YYYY — starts obligations and warranty clock

Start Date:

MM/DD/YYYY — contractor must mobilize on or after this date

Substantial Completion:

MM/DD/YYYY — when work is sufficiently complete for intended use

Final Completion:

MM/DD/YYYY — warranty and punch-list handoff begins

Payment Due Dates:

List per milestone (e.g., Deposit, Progress, Final)

Project Milestones and Approval Stages

Sequence major milestones so each party knows when inspections, signoffs, and payments occur.

01

Contract Execution

Parties sign and date the agreement; deposit payment triggered

02

Site Mobilization

Contractor begins surface prep and access setup

03

Mid-Project Inspection

Owner or inspector reviews work before permanent coverings

04

Final Inspection

Acceptance, final payment, and warranty documentation exchanged

Common Mistakes to Avoid

Vague scope language that omits surfaces, products, or testing criteria can lead to disputes.
Failing to require written change orders can result in unpaid extra work or schedule confusion.
Not confirming insurance limits and certificates risks uncovered liability for on-site incidents.
Using unsigned or partially signed documents can compromise enforceability and delay payment.

Risks and Potential Consequences

Payment Disputes: Delayed or withheld payments, stop-work notices

Warranty Claims: Costly repairs if warranty language is unclear

Liability Exposure: Third-party claims if insurance requirements are unmet

Contract Termination: Early termination fees or rework obligations

Regulatory Risk: Local code violations if specified materials or methods fail to comply

Enforceability Issues: Missing signatures or improper authorization can invalidate provisions

Comparison: eSignature Options for Executing the Agreement

Platforms differ by price model, bulk-send capabilities, HIPAA support, and envelope limits; signNow is listed first for direct comparison.

	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
Envelope Cap	No envelope cap	100 envelopes/user/year limit	Varies	Varies	Varies

Real-World Uses of a Waterproofing Services Agreement

These examples show typical project situations and contractual focus areas.

Residential Basement Repair

A homeowner hires a contractor to seal a leaking basement using specified membrane systems

The contract requires inspection milestones before covering work
The executed agreement protected the homeowner’s warranty claim and clarified payment tied to inspection completion, avoiding a payment dispute.

Commercial Roof Retrofit

A property manager contracts for rooftop waterproofing during a tenant turnover window

The agreement includes access windows and noise mitigation measures
Documented milestones and liquidated damages for missed windows minimized tenant disruption and ensured timely completion.

Frequently Asked Questions About the Agreement

Answers to common legal and practical questions concerning execution, enforceability, and electronic signing.

Need help? Contact support

Are electronic signatures valid?
Yes. Electronic signatures are legally enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and state laws such as the Uniform Electronic Transactions Act where adopted. Ensure intent, consent, attribution, and reliable record retention to satisfy legal tests.
Do I need a notary or witness?
Most service contracts do not require notarization, but state rules vary and certain instruments affecting real property may require notarization or witnesses. Confirm local requirements before execution to ensure recordability or third-party enforceability.
Can I use a template without legal review?
Templates are helpful but risky for complex or high-value projects. When scope, indemnity, or warranty terms materially affect risk, seek legal review to tailor provisions and verify state-specific rules.
What identifies an authorized signer?
Use the entity’s full legal name and require the signer’s printed name and title. For businesses, confirm signatory authority via resolution or corporate record to prevent later challenges to enforceability.
Are change orders valid if emailed?
Change orders should be documented in writing, signed or electronically signed by authorized parties, and reference the original agreement. Informal email approvals increase dispute risk unless the contract allows such communication method.
How long should I keep the executed contract?
Retain the original executed agreement for the term plus at least three years; retain warranty and financial records longer as needed. Refer to IRS rules (IRC §6501(a)) and industry-specific regulations for exact retention periods.

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