CONTRACT WORK: Such work shall include the services specifically described under Description of Work. The Contract Work does not include any work that is not clearly indicated on the Description of Work. Trick tile and marble work excluded.
SITE PREPARATION: The Customer agrees to perform all of the items listed under “SITE PREPARATION BY CUSTOMER” and any other items necessary for the Contractor to complete the Contract work for which the Contractor has not specifically assumed responsibility. If the Site Preparation has not been performed by the time Contractor arrives on the site to perform the Contract Work, The Contractor will either perform the work himself or make arrangements for the appropriate subcontractor to perform the Site Preparation work, the Customer will be billed at the rate of $80.00 per man hour (minimum). If it is necessary to hire a subcontractor to perform the Site Preparation work or other incidental work to fulfill contract, the Customer will be responsible for payment of all subcontractor’s expenses. The Contractor will not be held liable for any damages or restoration work resulting from Customer’s failure to perform the items checked under “Site Preparation by Customer”. CDM & ASSOCIATES WORLDWIDE, LLC, CHARLES D. MOORE AND OR ASSIGNS can and at times will use subcontractors. CDM & ASSOCIATES WORLDWIDE, LLC, CHARLES D. MOORE AND OR ASSIGN can use your project photos in any future literature. This pricing is valid for 30 days from date of proposal. Building plan allowance is $500.00 max/no deducts. Deck materials are pressure treated unless otherwise specified. All business communications are to be done via the office and or email (chuck@dirtconnections.com). Concrete removal based on 4inches in thickness, CDM & ASSOCIATES WORLDWIDE, LLC, CHARLES D. MOORE AND OR ASSIGNS is permitted to charge additional fees for concrete thicker than 4 inches. Necessary relocation of underground utilities is not included. Retaining/foundation wall repairs are done to existing footings. CDM & ASSOCIATES WORLDWIDE, LLC, CHARLES D. MOORE AND OR ASSIGNS to comply with all local requirements for building permits, inspection and zoning. The listed compliances can and may result in additional charges. No deducts of quantitative values or measurements apply. CDM & ASSOCIATES WORLDWIDE, LLC, CHARLES D. MOORE AND OR ASSIGNS reserves the right to charge for labor, travel time and fuel in the return of any unused materials. Custom bathroom assemblies and trick tile and or unique or custom bathroom work excluded. Contracts must be signed by an officer of the company. Electrical, HVAC & plumbing allowance is $2,000.00 max/no deducts. CDM & ASSOCIATES WORLDWIDE, LLC, CHARLES D. MOORE AND OR ASSIGNS reserves the right to charge and collect monies (based on $80.00 an hour per person) for the preparation of any and all documentation and or answers related to any court or binding arbitration demands and or requests for meetings, court orders and or any and all issues and or orders by the court and or BBB. Any post award sales tax or additional construction costs will be the “Customer’s” responsibility. CDM & ASSOCIATES WORLDWIDE, LLC, CHARLES D. MOORE AND OR ASSIGNS shall correct any defects due to faulty workmanship or faulty materials purchased by CDM & ASSOCIATES WORLDWIDE, LLC, CHARLES D. MOORE AND OR ASSIGNS within one year of contract completion date (Warranty Detail), unless other warranty applies, warranty termination occurs 12 months after the date on the final check presented to CDM & ASSOCIATES WORLDWIDE, LLC, CHARLES D. MOORE AND OR ASSIGNS for the completion of the ordered work.
CERTIFICATE OF COMPLETION: Upon the Contractor’s completion of the Contract Work, the Customer shall inspect the work in the presence of a Contractor’s representative and, if appropriate, execute a Certificate of Completion of the Contract Work. If the Purchaser is not available and the Contractor must make a visit to the premises specifically for the Customer’s inspection to perform additional clean-up, or to change the work in any manner, the Purchaser shall pay the Contractor an additional $80.00 per man hour. CDM & ASSOCIATES WORLDWIDE, LLC, CHARLES D. MOORE AND OR ASSIGNS is permitted a 15% minimum markup on subcontracts and materials. CDM & ASSOCIATES WORLDWIDE, LLC, CHARLES D. MOORE AND OR ASSIGNS is not responsible for damage to shrubbery, sprinkler system, driveway or driveway apron and or any other flatwork damage while performing ordered work. In the section of the agreement “Description of Work” is the list of work to be performed by the “Contractor” and in no way will other work be performed without a Signature of Approval by both parties and a clear understanding of the costs applied with said work. Waterproof Warranty only applies with an interior footer drain system. Customer is responsible for cost overages of referenced material allowances and or subcontractor allowances. Concrete flatwork warranty is good for one year of original / initial pour date. Dispute resolutions meetings are to occur at the Law Offices of Randall Borden 10627 Jones St., Suite 201-A Fairfax, Virginia 22030 between the hours of 9am and 3pm (CDM & ASSOCIATES WORLDWIDE, LLC, CHARLES D. MOORE AND OR ASSIGNS business hours).
DIFFERING SITE CONDITIONS: If after the Contract work has commenced, the Contractor discovers unanticipated site conditions that will increase the cost to perform the Contract Work, the Contractor may bill the purchaser for any work performed on a time and materials basis at the rate of $80.00 per man hour. If this bill is less than the deposit, the Contractor will return the difference to the Purchaser. The Contractor may unilaterally rescind the Agreement with no liability to the Contractor whatsoever, or if the Purchaser and Contractor agree, the contract sum may be renegotiated to reflect the true cost of the Contract Work with the presentation of the Additional Work Authorization Agreement. CDM & ASSOCIATES WORLDWIDE, LLC, CHARLES D. MOORE AND OR ASSIGNS reserves the right to charge $80.00 per man hour for protracted installation issues. CDM & ASSOCIATES WORLDWIDE, LLC, CHARLES D. MOORE AND OR ASSIGNS is not responsible for climatic temperature control of any premise where work is being performed. Not responsible for vandalism to project and or premises. Asphalt is a less rigid material and settlement as well as dimpling can and may occur. Not responsible for rubber tire marks or damage to driveway while performing project work. Not responsible for incidental backfill settlement. Type S mortar used unless otherwise specified. No dewatering included. No special orders included in this proposal. All agreements are subject to management approval. CDM & ASSOCIATES WORLDWIDE, LLC, CHARLES D. MOORE AND OR ASSIGNS may withdraw this contract at any time. Customer participation with installers does not mean management of installers. Ponding may and can occur on flat surfaces. Completion of punch list items is a necessary and standard procedure in the construction industry. CDM & ASSOCIATES WORLDWIDE, LLC, CHARLES D. MOORE AND OR ASSIGNS does not provide Lead Abatement Work or Service. Not responsible for acts of God. CDM & ASSOCIATES WORLDWIDE, LLC, CHARLES D. MOORE AND OR ASSIGNS employees, day laborers and or subcontractors are not responsible for the loss, injury, monitoring or care of any kind of pets and or animals during construction and or performance of any
duties at project jobsites and or residences. CDM & ASSOCIATES WORLDWIDE, LLC, CHARLES D. MOORE AND OR ASSIGNS does not provide staining or any clear coat wood finish work.
PAST DUE POLICY: Purchaser understands that payment in full is due upon completion of job. A late charge of 5% will be assessed on any outstanding balance not paid within (30) days of completion of the Contract Work. An interest charge of 1 ½% per month will be charged on any outstanding balance not paid within ninety (90) days of completion of the Contract Work. Warranty is null and void, and no warranty or repair work will be performed if final payment is not received per the requirements of the above referenced agreement and the “Contractor” will be held harmless in regards to any and all associated claims, due to damage. In the event of default on any payment due, purchaser shall pay all costs and reasonable attorney’s fees allowed by law if the account is turned over to an attorney for collection. CDM & ASSOCIATES WORLDWIDE, LLC, CHARLES D. MOORE AND OR ASSIGNS reserves the right to determine how to provide any warranty repair issues. Payments are to be made as specified; failure to do so will result in additional costs and charges and breach of contract at which time CDM & ASSOCIATES WORLDWIDE, LLC, CHARLES D. MOORE AND OR ASSIGNS (CDM & ASSOCIATES WORLDWIDE, LLC, CHARLES D. MOORE AND OR ASSIGNS Option) can terminate contract with no claims against CDM & ASSOCIATES WORLDWIDE, LLC, CHARLES D. MOORE AND OR ASSIGNS heirs, subcontractors and or employees. Non-payment issues are reported to major Credit Bureaus. Receipt of final payment certifies all contracted work has been completed as specified and in accordance of the Agreement. All Checks Are To Be Made Out To CDM & ASSOCIATES WORLDWIDE, LLC. CDM & ASSOCIATES WORLDWIDE, LLC, CHARLES D. MOORE AND OR ASSIGNS NEEDS CLEAR ACCESS, ELECTRIC AND WATER. Concrete cracks at control joints.
ENTIRE AGREEMENT: This agreement supersedes all agreements previously made between the parties. There are no other understandings or arrangements. CDM & ASSOCIATES WORLDWIDE, LLC, CHARLES D. MOORE AND OR ASSIGNS reserves the right to charge for pick up and delivery. Not responsible for dissimilarity of color in concrete or brick mortar. CDM & ASSOCIATES WORLDWIDE, LLC, CHARLES D. MOORE AND OR ASSIGNS reserves the right to be at all inspections. Specialty permits may require other plans and costs.
MODIFICATION: This agreement cannot be changed, modified or discharged orally unless consent in writing is made by both parties. Unless otherwise noted the application of topsoil, straw and seed will be the sole remedy for site work repair. Not responsible for salt damage. Electrical fixtures provided by others. CDM & ASSOCIATES WORLDWIDE, LLC, CHARLES D. MOORE AND OR ASSIGNS permits are to be secured by an employee or authorized associate of CDM & ASSOCIATES WORLDWIDE, LLC, CHARLES D. MOORE AND OR ASSIGNS.
BINDING EFFECT: This agreement shall be binding upon the heirs, successors, personal representatives and assigns of the parties. DAMAGE caused by delivery within the curb line will be “Customers” responsibility. Project delays due to events beyond the control of the contractor do not constitute abandonment and are not included in calculating time frames for payment or performance. Progress payments signify a stage of completion and not the value of the work completed.
CANCELLATION PERIOD: You may cancel this transaction, without any penalty or obligation, within 3 business days from the above date. If you cancel, any payments made by you under the contract will be returned within 10 business days following receipt by the seller of your cancellation. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice (see enclosed) or any other written notice, or send a telegram to: CDM & ASSOCIATES WORLDWIDE, LLC, CHARLES D. MOORE AND OR ASSIGNS 11325 Random Hills Road Suite 360-A211, Fairfax, Virginia 22030. The maximum monetary sole remedy shall be the total money collected by the “Contractor”. Any controversy or claim arising out of or relation to this contract or breach thereof shall be settled by arbitration at the Law Offices of Randall Borden 10627 Jones St., Suite 201-A Fairfax, Virginia 22030.
AUTHORITY: The signatory acknowledges ownership and or authority to order and direct placement of the delivered material at the referenced address (see opposite side).
DISCLAIMER: It is the signatory, landowner, customer, contractor, etc., and or agent, to comply with all Federal and Local Government Codes and Regulations for the delivery and placement of the ordered material.
WARRANTY: THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED TO THE MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Material will not be delivered beyond the curb line without the authority of the signatory, landowner, customer, contractor, etc., believed to be the agent who assumes all responsibility for damage and delay. All customers will accept full responsibility for dumping beyond the curb line. This waiver will release CDM & ASSOCIATES WORLDWIDE, LLC, CHARLES D. MOORE AND OR ASSIGNS and all subcontractors from liability for any damage caused by the delivery of the ordered material. Customer will accept all towing costs for our trucks if applicable. As the signatory, I acknowledge, I have the authority to direct CDM & ASSOCIATES WORLDWIDE, LLC, CHARLES D. MOORE AND OR ASSIGNS and all subcontractors, to leave the public roadway and enter private property in order to make delivery and I shall be responsible for any damages incurred, as a result of such entry and do hereby agree to hold harmless and indemnify CDM & ASSOCIATES WORLDWIDE, LLC, CHARLES D. MOORE AND OR ASSIGNS and all subcontractors against all claims and losses caused thereby. It is further agreed that I will be responsible for any incurred towing charges. The signatory is responsible for all weight restrictions and any overweight tickets (penalty payments) issued by any official of the offending jurisdictions. The signatory is responsible for all truck tire and street cleanliness, as well as all tickets (penalty payments) issued by an official of the offending jurisdiction.
Revision 04/18/2018
