1. Scope of Work & Change Orders
All work performed is as described in the contract. Any modifications or additions requested by the owner, lender, or public authority must be documented on a Work Authorization Form, signed by both parties prior to commencement. The form must specify:
- Scope of work
- Cost adjustments (added or subtracted)
- Schedule impact
Drainage, restoration, or other work not included in the contract will be billed separately. DCR reserves the right to pause work if changes disrupt production. Restoration work is not included unless explicitly stated.
2. Responsibilities of the Parties
DCR Responsibilities:
- Notify the owner of any subsurface, latent, or unknown physical conditions materially different from those expected in commercial landscape/hardscape projects.
- Contact the New Jersey One Call System for underground utility marking.
- Use high-quality materials from reputable suppliers and perform work in accordance with industry standards.
Owner Responsibilities:
- Provide property surveys, mark property lines, and ensure site access.
- Supply water and electrical utilities as needed.
- Obtain and pay for all permits, variances, and professional fees unless specified.
- Protect or remove all personal property.
- Ensure sufficient funds for project completion.
- Owner is responsible for locating, relocating, or repairing site utilities not marked by NJ One Call.
Liability Exclusions:
- DCR is not responsible for:
- Pre-existing sprinkler lines, railing installations, efflorescence, or color variations
- Damage to existing structures caused by machinery access
- Vandalism, fire, storm, flood, earthquake, landslide, theft, or other disasters
- Water accumulation on surfaces with less than 2% grade
- Damage due to misuse of deicing materials or unmarked dog fence systems
Extra work required due to unforeseen conditions or restoration is billed to the owner.
3. Right to Stop Work
DCR may suspend work if payments are not made as scheduled, which is considered a material breach. Costs caused by stoppage and restart will be billed as extra. Overdue balances accrue 2% monthly interest. Proposals may be withdrawn if not accepted within 30 days.
4. Warranties
Plant Material:
Turf Installation:
- Installed per industry standards using quality sod or seed.
- DCR is not responsible for germination, weather effects, watering, or other cultural practices.
- Repairs are at the owner’s expense.
Hardscape Material:
- 1-year warranty against settling caused by DCR workmanship.
- One-time repair for settling only.
- Warranty excludes: color/size variations, efflorescence, soil instability, drainage issues, normal wear and tear, overloading, patchwork, or improper maintenance/use.
- Warranty covers labor only; materials follow manufacturer warranty.
General:
- DCR does not maintain plant material unless a maintenance contract is executed.
- DCR is not responsible for failure or damage caused by other contractors, utilities, or outside entities.
5. Existing Conditions & Violations
- DCR is not responsible for pre-existing code violations, abnormal concrete footings, foundations, retaining walls, piers, or unusual excavation requirements.
- Correction of such conditions is considered extra work.
6. Limitation of Liability
DCR is not liable for failure to perform caused by:
- Labor disputes, strikes, accidents, acts of God
- Governmental or municipal interference
- Material or labor shortages, transportation delays, or manufacturer non-availability
- Other conditions beyond DCR’s control
No consequential or special damages are covered.
7. Owner Default
Owner defaults if payments or approved change orders are overdue. Remedies include:
- Suspend work and remove equipment/materials from the site.
- Repossess DCR-supplied materials/equipment without liability.
- Retain payments and pursue legal action; owner responsible for all legal fees and collection costs.
8. Jurisdiction & Governing Law
This contract is governed by the laws of New Jersey. All disputes are subject to the exclusive jurisdiction of New Jersey courts or arbitration.
9. Insurance
DCR is fully licensed, insured, and covered by workers’ compensation and commercial general liability insurance. Certificates are available upon request.
10. Site Access & Photography
- DCR requires unrestricted access to the property.
- DCR may take photographs before, during, and after completion for documentation and marketing; copyright remains with DCR.
- Owner information is treated as confidential.
11. Right to Cancel
Owner may cancel within three business days from contract signing via:
- Certified mail (return receipt requested)
- Personal delivery
Refunds are issued within 30 days, minus fees for design, site visits, or other separately contracted costs (fees – TBD).
12. Acceptance of Proposal
By signing, the owner accepts prices, specifications, and conditions. Work scheduling begins after:
- Deposit received
- Signed contract returned
- Required permits applied for
Fuel Surcharge
Due to fluctuating fuel costs, DCR reserves the right to implement a 3% fuel surcharge if the average combined fuel cost exceeds $2.95 per gallon. This surcharge shall apply to the total invoice amount.
Payment Terms
- Payment is Due Upon Receipt
- Any invoice unpaid after 30 days shall accrue a 2% monthly service charge
- Payments made via credit card shall incur a 3% processing surcharge
- ACH or electronic bank transfer payments shall incur a 1% processing surcharge
Payment terms outlined in the contract are to be followed. Any invoice past thirty (30) days is subject to a 2% service charge. (Fees – TBD)
Payment Terms:
- Invoices not paid per schedule incur 2% monthly service charge.
- Pricing may include surcharges (e.g., NJ Asphalt Index) for material cost fluctuations.
Payment terms outlined in the contract are to be followed. Any invoice past thirty (30) days is subject to a 2% service charge. (Fees – TBD)
