Reliable Paving Co.

Terms and Conditions

1. This contract shall not be subject to cancellation or termination without the written consent of the Contractors. In the event Purchaser notifies the Contractor either prior to the commencement or prior to the completion of the work not to proceed further therewith, the Purchaser in view of the difficulty of measuring the damages that will be sustained by the Contractor, agrees to pay the Contractor the cost and expense of all work, if any, performed to date of such notice and in addition thereto a sum equal to twenty percent (20%) of the total agreed contract price as liquidated damages by reason of such cancellation and termination by the Purchaser.
2. The Contractor shall not be liable for damages to underground pipes, wiring or other improvements not visible to workmen on the property.
3. Unless otherwise specified herein the term 'grade' shall mean that present grades are within 1/10th foot of finish sub grade.
4. If by reason of any default on the part of the Purchaser hereunder it becomes necessary for the Contractor to employ an attorney, the Purchaser agrees to pay all costs, expenses and attorney's fees expended or incurred by the Contractor in connection therewith.
5. This proposal and contract is based on the current price of labor and materials and must be accepted within five days from the date hereof without the further consent of the Contractor.
6. The Contractor shall not be liable for any delays caused by strikes, accidents or any other causes beyond his immediate control.
7. Weed control poison used at the request and responsibility of Owner.
8. Contractor shall not be liable for damage to sidewalks, approaches, or driveways, which must be crossed to gain access to job.
9. 1% interest per month charges on all overdue accounts.
10. All disputes arising out of this agreement, including those concerning charges resulting from written charges, where the amount in controversy is $25,000.00 or less, RELIABLE PAVING CO. shall decide if arbitration in accordance with the Construction Industry Arbitration Rules of the Better Business Bureau (BBB) is necessary to resolve the problem. If RELIABLE PAVING CO. is determined to be the prevailing party in any dispute concerning this agreement, RELIABLE PAVING CO. shall be entitled to reasonable attorney's fees in addition to other costs.
11. All Permits required by Contractor and or governing authority are to be obtained and paid for by the same. Any request by owner for RELIABLE PAVING CO. to obtain a permit will be considered for cost of the permit, plus $200 prior to start of the job.
12. Any action or inaction by purchaser, that creates delays or reason to mobilize man & equipment more than initially agreed, shall be the responsibility of the purchaser to cover these costs, prior to commencement of work.