LABOR/MATERIAL CONTRACT
56-2011
THIS contract is made on this 29th day of APRIL, 2011 between PARKS FENCING & BARN REPAIR (hereinafter referred to as “Contractor”) and _______________, (hereinafter referred to as customer.”)
THIS contract covers labor and the material for the construction of _____ feet of 5/4” board fence, with _____ feet of 48” woven- wire fence in between the boards and posts located at Anytown, Tennessee.
This contract is billed out at $ for part one of contract and $ for part two of the contract for a total of $ . There will be NO additions to this contract. Any additional work will result in an entirely new contract. If for contractor hits rock and has to use a jack hammer, customer will be billed for extra labor at a flat rate of $25.00 per hour while busting out rock. . Monies not paid on time may result in a delay in completion of said contract. ALL monies are due as follows; A $100.00 deposit (to be subtracted from the final payment) will be due the day the contract is signed, ALL MATERIAL MONEY IS DUE UPON DELIVERY OF MATERIAL, customer will be giving a invoice for all material purchased, the remaining amount owed will be due TERMS TO BE STATED. _________ initials. Any monies not paid when due will result in a 10% late fee.
Customer will have work area cleared and clean for contractor to install fences. Any delays brought on by work area not being cleared could cause a delay in work and possible charges by contractor to clear area. Contractor will clear wooded fence line area near road frontage on southeast side of property.
CONTRACT IS LIMITED TO THE FOLLOWING:
PART ONE
1. Lining out fence line and marking post holes
2. Digging fence post holes
3. Setting fence treated 4 x 4 posts in concrete and cutting tops off
4. Attaching fence boards with screws
5. Attaching treated 5/4 by 6” by 12’ fence boards posts set on 6 foot centers
6. Attaching treated 1” by 4” cover boards at every post with galvanized ring nails
7. Ordering and supplying material (customer will pay for material upon delivery which
will be deducted from the final bill.
8. Stretching and installing 48” woven wire between boards and posts
WARRANTY
Contractor DOES NOT warrant any parts and/or supplies but does warrant labor. If there are any defects in workmanship within 90 days (ninety) days of completion of job, Contractor will return to repair defects at no charge to Customer. If there is any twisting of material within thirty-days ,the Contractor will return and replace bad material free of charge. However, this does NOT include any damage caused by acts of GOD, animal or man. If you are not satisfied with any portion of the job, please advise us before completion so we may correct any problems immediately.
Customer will furnish any building, water, or electrical permits required by the county, state or any other local municipality. However, for added labor charges the Contractor can research and apply for applicable permits upon payment for such said permits by Customer. Customer is also responsible for having all gas, electrical, water and sewer lines personal or utility company marked. Any damages to lines hit by the contractor when digging will be the responsibility of the customer to have repaired. _________ initials.
Contractor acknowledges that any injuries directly caused and/or created by any acts, movements, decisions, or work performed by Contractor or Contractor employees are the responsibility of the Contractor. Any injuries caused by a negligent act by the Customer or any of their assigns, family, friends or guests, is the responsibility of the Customer. Contractor will sign a Waiver and Release. See Exhibit “A”.
If Contract is defaulted on for any reason and Contractor has to seek legal representation to fulfill said Contract then Customer will also be responsible for fees including but not limited to attorney fees, court costs, lost work time and interest accruing at the prejudgment rate of 19.9%. Customer and contractor also agree that all court proceedings will take place in the Rutherford County, Tennessee courts. This is a legal and binding Contract for all involved. Please sign below for acknowledgement.
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Customer Date
_______________________________ ______________________
Contractor Date
