DEMOLITION CONTRACT THIS DEMOLITION 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: Demolition is the process of using wrecking machinery
(including excavators, skid steers, front-end loaders, dozers, cranes, concrete crushing units, trucks and trailers) to raise, lower, crib, underpin, demolish and move or remove
structures, including their foundations. Demolition services include undermining
buildings, razing building walls, loading materials, sorting steel, compound abatement,
tearing out old work to make way for new work (including concrete reinforcement with
wire mesh and rebar, multilayer roofing, trees, stumps, landscaping and sprinklers and
mortar based tile floors and walls) and removing asbestos. Contractor shall provide all
necessary demolition labor and materials, and perform all demolition services 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 and
equipment 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, finish grading or filling 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 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 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:
.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.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, 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, exist 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 North Dakota.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 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.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 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 manufacturer of such materials.
AGREED:CONTRACTOR:SignaturePrint Name & TitleDateLicense NumberName and Address of License HolderOWNER:SignaturePrint NameDate
* Optional notice required only for home solicitation sales. If the buyer is sixty-five years of age
or older, and the purchase price of the product is greater than fifty dollars, the agreement must
either state that the buyer may cancel the agreement within fifteen business days, or state in a
conspicuous manner that if the buyer is not satisfied with the product for any reason, the buyer
may contact the seller within a period of not less than thirty days from the date of purchase for a
full refund of the purchase price, if the product has not been intentionally damaged or misused. NOTICE TO BUYER 1. Do not sign this agreement if any of the spaces intended for the agreed terms to the extent of
then available information are left blank.2. You are entitled to a copy of this agreement at the time you sign it.3. You may pay off the full unpaid balance due under this agreement at any time, and in so doing
you may receive a full rebate of the unearned finance and insurance charges.4. You may cancel this transaction at any time prior to midnight of the third business day after
the date of this transaction. See the attached notice of cancellation form for an explanation of this
right.5. The seller cannot enter your premises unlawfully or commit any breach of the peace to
repossess goods purchased under this agreement. NOTICE OF CANCELLATION __________________________ (enter date of transaction)1. You may cancel this transaction, without any penalty or obligation, within three business days
from the above date.2. 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 ten business days following receipt by the seller of your cancellation notice, and any security interest arising out of
the transaction will be canceled.3. If you cancel, you must make available to the seller at your residence, in substantially as good
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.4. If you do make the goods available to the seller and the seller does not pick them up within
twenty days of the date 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 the contract.5. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice
or any other written notice, or send a telegram, to __________________________ (name of
seller), at __________________________ (address of seller's place of business) not later than
midnight of __________________________ (date).I hereby cancel this transaction.______________________ (Date)____________________________________ (Buyer's signature) NOTICE OF CANCELLATION __________________________ (enter date of transaction)1. You may cancel this transaction, without any penalty or obligation, within three business days
from the above date.2. 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 ten business days following receipt by the seller of your cancellation notice, and any security interest arising out of
the transaction will be canceled.3. If you cancel, you must make available to the seller at your residence, in substantially as good
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.4. If you do make the goods available to the seller and the seller does not pick them up within
twenty days of the date 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 the contract.5. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice
or any other written notice, or send a telegram, to __________________________ (name of
seller), at __________________________ (address of seller's place of business) not later than
midnight of __________________________ (date).I hereby cancel this transaction.
______________________ (Date)____________________________________ (Buyer's signature)
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