This is a contract for Sod Installation, Landscaping and/ or Irrigation services between the contractor, Sod & Irrigation Exclusive and the client, ______________________. Services are to be performed at _________________________ in ___________________, _______. 

The scope of work requested:

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Estimated cost:____________________________

Deposit amount:___________________________ Paid on _________________

Final Payment. The client must complete payment, balance shall be paid in full immediately upon completion of work.

 

Estimated Start Date: _______________________

Specific client requests or job notes: 

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Agreement 

This contract will be governed by and constructed in accordance with the laws of the Commonwealth of Virginia.

Documents incorporated in this contract  

The following documents are incorporated into this Contract:

• Sod care and maintenance instructions

• Estimate for requested work

• Waiver for care and maintenance of sod post installation

• Waiver and release 

• Agreement for services requested 

• Payment and non payment terms

Services Provided

The Client hereby agrees to engage the Contractor to provide the Client with the services (the "Services") listed in the first page of this document. 

The Services may also include any other added tasks which the Parties may agree on with additional compensation or fees. The Contractor hereby agrees to provide such Services to the Client.

 The term of this Contract will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement. The Term may be extended with the consent of the Parties or in the event of any supply issues, family emergency, illness, or weather related issues.

Jobsite Preparedness

 Prior to estimated start date, the Contracting Party ( the Client) shall prepare the jobsite for work to commence by removing any equipment, rubbish, junk, or any other items that may limit Contractor’s ability to commence work. 

 Substantial Commencement of Work

 A Substantial Commencement of Work shall be defined as the order of materials or the actual physical commencement of any of the work to be performed pursuant to this Agreement; either of which may occur first.

Change Orders

 Changes to the work that is to be performed under this Contract, including additions or subtractions to or from it, will result in additional fees for products, supplies, time, travel and services rendered from the original scope or work and estimate for the scope of work in the original estimate and contract. 

 

 No Fault Damage

 In the event that the jobsite or any of the requested work, improvements, equipment, or materials are damaged beyond the Contractor’s control due to weather, fire, flooding or any other incident beyond control then Contractor shall not be required to repair such damage.

HEAVY EQUIPMENT. To complete the work defined herein, contractors may use heavy equipment. Heavy equipment may leave marks on driveway, pavers, and other areas.

With contracts for the scope of work requested it is possible that marks may be left on the property from the use of heavy machinery,  this can be expected and is not considered negligent on the contractors behalf. 

 

Right of Substitution 

 

Except as otherwise provided in this agreement , the contractor may, at the contractor's absolute discretion, engage a third party sub contractor to perform some or all of the obligations of the contractor under this agreement and the client will not engage or hire any third parties to assist with the provision of the services. 

 

Autonomy

 

 Except as otherwise provided in the agreement, the contractor will have full control over working hours, time, methods, and decision making in relation to provision of the services in accordance with the agreement. The contractor will work autonomously and not at the direction of the client. However,  the contractor will be responsive to the reasonable needs and concerns of the client. 

 

Exclusivity

 

The parties acknowledge that this agreement is non-exclusive and that either party will be free at any time to engage or contract with third parties for the provision of services. 

 

Delays

 Both Parties hereby acknowledge that reasonable delays may be expected due to inclement weather, supply issues, family emergency, illness.

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   Cancellation Policy

 In the event that either Party wishes to terminate this Agreement prior to the completion of the Services, that Party can do so immediately by serving notice on the other Party.

In the event this agreement is terminated by either party the client will still owe any remaining fees for any admin work such as time spent on the estimate, locating requested sod, shrubs or other requested plants, any completed pick up of materials, any hours of work already completed, and a non refundable amount for the Sod ordered for the agreed project whether it is used or not. This amount may or may not go beyond the deposit amount and remaining fees will be due immediately. 

 In the event that services have been started but not completed the client will still be responsible for a pro-rated amount for any reasonable and necessary fees for the partially completed project as listed above. This includes wages for contractors for the amount of work done, payment for sod and materials, admin fees for project estimate, travel fees if out of the city of Richmond and any other associated fees.

 

 In the event that this Agreement is terminated by the prior to completion of the Services the Contractor will be entitled to recovery from the site or premises where the Services were carried out, of any materials or equipment which is the property of the

Contractor or, where agreed between the Parties, to compensation in lieu of recovery.

 

Force Majeure

If Contractor is unable to perform its obligations hereunder due to events beyond Contractor’s control, then Contractor shall not be in breach of any of the covenants herein but shall be permitted to delay or cancel any work for the amount of time required for the event to be remedied.

Payment for requested services

The contractor will charge the client a total for services rendered (Compensation) based on the current estimate for requested services. 

 

A deposit will be expected prior to the start of service, the deposit is payable by the client upon execution of this agreement. 

 

 The remaining amount will be due immediately upon completion of services. Shall the client request any additional work during any time products, installations or change the scope of work this total amount will change to reflect increase in work requested. 

 

Materials Price Increase

 If the price of any appliance, machine, or material should increase between execution of this agreement and the time of the item’s purchase or rental, then Contractor shall be entitled to additional compensation commensurate with the actual increase in price with notice given to the client. 

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Delay in payment

 If the Contracting Party fails to make any payment required hereunder, Contractor shall have the right to halt and delay any remaining work until payment is made.

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Delay in final payment will result in additional late fees of $10 per day until the total amount owed is paid in full.

 

 

Non Payment

Payment is due immediately with completion of contract or immediately upon termination of contract by either party. Non payment will result in additional late fees of $10 per day.  Non payment of fees agreed to in this contract will be considered theft of goods and services. 

 If payment is not completed in a timely manner action will be legally pursued against the client in any or all of the following manners.

•  Small Claims court 

•  Lien placement against clients property

• Account placed in collections

• Sue client in a breach of contract lawsuit

• Mechanics Lien

Clients will be responsible and held liable for payment for any and all legal action that will need to be taken against them for non payment. Any and all filing fees, legal fees, lawyer fees as well as the mentioned above late fees or any other associated fees will be added to the clients final amount owed. 

Treatment of company and its affiliates

We request to maintain professionalism at all times and if there should be a problem for the client and contractor or the companies employees involved to focus calmly on a solution or resolution. We have a zero tolerance policy for any slander, mis treatment, belittling, bullying or negative treatment or communication towards our contractors, employees, or vendors. We will keep documented records of any instances that may occur. 

In the occurrence of any of the above listed actions the contractor has the right to cancel the contract and collect any associated fees immediately as the contract will be violated by the client and final payment due. This payment will include any and all sod, with materials ordered or purchased, work done and any hours already completed on the job all which are listed under cancellations. 

The contractor will file a legal complaint, as there are protected characteristics such as race, religion, gender, ethnicity etc and could be considered harassment under Virginia law and rise to a lawsuit. 

Intellectual Property.

 Contracting Party hereby grants Contractor a non-exclusive, non-transferable agreement to take, use, copy, and distribute images or video of the work, either in-progress or completed, that is covered by this Agreement, for Contractor’s own marketing purposes.

 

If all parties agree to terms listed in this document we look forward to working with you. Please sign, date and pay the deposit to start the agreement. 

 

 

Documents incorporated in this contract  Pages 1-6. 

The following documents are incorporated into this Contract:

• Sod care and maintenance instructions

• Estimate for requested work

• Waiver for care and maintenance of sod post installation

• Waiver and release 

• Agreement for services requested 

• Payment and non payment terms

 

 

Contractor Signature ______________________________

Printed Name ______________________________

Date______________________________

 

Contracting Party Name ______________________________

 

Contracting Party Signature____________________________

 

Date______________________________