Should the owner, construction lender, or any public body or inspector direct any modification or addition to the work covered by this contract, the contract price shall be adjusted accordingly. Modifications or additions will be prepared in detail on an additional work authorization form and will require signatures of both parties prior to the commencement of any work covered by the new change order.
The order must describe:
Any and all drainage work will be prepared in detail on an Additional work authorization form unless it is outlined as part of the scope of work in the contract with an itemized price. DCR reserves the right to stop work on any job site if change order disturbs production schedule. Any restoration work will be explained and discussed with owner and billed accordingly. Restoration work is not included in contracted work price unless otherwise stated by this contract.
DCR shall promptly notify the owner of:
(a) Subsurface or latent physical conditions at the site differing materially from those indicated in this contract, or
(b) Unknown physical conditions differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this contract (concrete or any miscellaneous material beneath an existing driveway that was undetectable during the time of estimate).
Owner is responsible for any additional work and shall pay for any expense incurred due to such conditions. DCR is responsible for contacting the New Jersey One Call System for underground utility mark-outs. The customer is responsible to locate, relocate, repair, etc., any other site utilities, if required.
DCR is not responsible for:
If the project is destroyed or damaged by accident, disaster, or calamity (e.g., fire, storm, earthquake, flood, landslide, theft, or vandalism), any work done by DCR in rebuilding or restoring the project shall be paid by the owner as extra work. DCR is not responsible or liable for water accumulations on a surface with less than 2% grade. This contract does not address existing damage or existing water issues unless outlined in the contract with an itemized price.
DCR is not responsible for required permits, variance(s), or other professional fees unless otherwise stated in this contract. Owner will obtain and pay for all building permits, variance(s), or other required professional fees imposed by the township or any other public parties unless otherwise stated. The owner is responsible to supply water and electrical utilities unless otherwise agreed to in writing. Owner-supplied water and electricity will be necessary for the successful completion of the project.
Owner responsibilities include:
Pricing reflects the date of the proposal, not the date signed. DCR utilizes the New Jersey Asphalt Index, which fluctuates monthly based on oil costs. The job is subject to a pricing surcharge for the difference between the costs of asphalt per ton. This will be billed as an extra.
DCR shall have the right to stop work if any payment shall not be made, when due, to DCR under this agreement; such failure is a material breach of this agreement. Owner acknowledges that additional cost for the delay in stopping and starting the project shall be treated as an extra. 2% interest will be added to balances over thirty (30) days. This proposal may be withdrawn by DCR if not accepted in thirty (30) days.
Plant Material:
For six months from date of installation, if plant material is in a terminal condition, DCR shall replace the dying plant material. DCR will not replace plants killed by animals, rodents, insects, mechanical damage, neglect, natural disasters, lack of water, improper irrigation, adverse weather conditions, or other reasons beyond DCR’s control. There is a one-time only replacement on all plant material in terminal condition. Warranty is void if plant material is not properly irrigated by a professionally installed, working irrigation system. No warranty on transplanted material.
Notice in writing must be given to DCR within fourteen (14) days from the date of injury. Guarantee includes plant material only; labor is charged at $75.00 per man per hour. Warranty void if payment is not received within thirty (30) days of job completion. DCR determines proper time of season and schedule for replacements. DCR is not responsible for maintaining plant material unless a maintenance contract is executed and signed.
Turf Installation:
DCR performs lawn installation according to industry practices using quality grass seed or sod. DCR has no control over weather, watering, or other customer practices. DCR cannot guarantee germination rate or success of seed/sod. Repairs are at the customer’s expense. DCR cannot accept responsibility for settling due to new construction, utility lines, or excavation not performed or supervised by DCR.
Hardscape Material:
All hardscape work is guaranteed from settling for one (1) year if settling is due to DCR craftsmanship. One-time repair only. Warranty does not apply if Owner is in default, or for normal corrosion, erosion, wear and tear, or damage from faulty operations/maintenance. DCR is not responsible for color/size variations or efflorescence on any products. No returns on natural or man-made products. Work guaranteed for one (1) year. Guarantee limited to terms hereof; DCR does not assume responsibility for soil instability, defective drainage, work of others, or unusual use unless outlined in contract. DCR is not responsible for damage caused by oversteering/loading ramps, patchwork, or work performed by others. All material guaranteed per manufacturer’s warranty; DCR provides warranty on labor only.
DCR is not responsible for existing violations of building regulations or ordinances, abnormal or preexisting conditions, unusual concrete footings, foundations, retaining walls, piers, or depth requirements caused by poor soil, lack of compaction, hillsides, or slopes. DCR is only responsible for footing/excavation depths defined in contract. Corrections of violations or abnormal conditions are considered additional work (per paragraph 1).
DCR Shall Not Be Liable:
DCR is not liable for failure to perform due to strikes, labor disputes, accidents, acts of God, governmental regulation, shortages, delays, non-availability, or other causes beyond control. DCR is not liable for special or consequential damages.
Owner Default:
Owner is in default if any payment or authorized change order becomes past due. Remedies:
Consent to Jurisdiction and Controlling Law:
Exclusive jurisdiction: State of New Jersey. Contract governed by New Jersey law.
Commercial General Liability Insurance:
DCR is licensed and insured, covered by worker’s compensation; certificate available upon request. Commercial insurance declarations page is annexed.
Use and Property Access:
You may cancel this contract any time before midnight of the third business day from signature. Cancellation must be either:
Mailing Address:
DCR Landscaping & Construction, Inc.
D.B.A. DCR Paving & Masonry
104 Norcross Avenue
Metuchen, NJ 08840
Refunds will be made within thirty (30) days of receipt of cancellation, minus DCR design/site visit or other incurred contracted fees unless paid separately.
Prices, specifications, and conditions shown are satisfactory and accepted. DCR is authorized to complete the contract. Payment schedule will be followed as outlined. DCR will apply a 2% per month service charge on late invoices. Customers are not added to a schedule until a deposit, signed contract, and permits are applied for.
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 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
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)
1. Changes in contracted work: Should the owner, construction lender, or any public body or inspector direct any modification or addition to the work covered by this contract, the contract price shall be adjusted accordingly. Modifications or additions will be prepared in detail on an additional work authorization form and will require signatures of both parties prior to the commencement of any work covered by the new change order. The order must describe the scope of the extra work or change, the cost to be added or subtracted from the contract, and the effect the order will have on the schedule of progress payments. Any and all drainage work will be prepared in detail on an Additional work authorization form unless it is outlined as part of the scope of work in the contract with an itemized price. DCR reserves the right to stop work on any job site if change order disturbs production schedule. Any restoration work will be explained and discussed with owner and billed accordingly. Restoration work is not included in contracted work price unless otherwise stated by this contract.
2. Responsibilities of the Parties: DCR Shall promptly notify the owner of (a) subsurface or latent physical conditions at the site differing materially from those indicated in this contract, or (b) unknown physical conditions differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this contract (concrete or any miselanious beneath an existing driveway that was undetectable during the time of estimate). Owner is responsible for any additional work and shall pay for any expense incurred due to such conditions. DCR is responsible for contacting the New Jersey One Call System for underground utility mark- outs. The customer is responsible to locate, relocate, repair, etc any other site utilities, if required. DCR is not responsible for any existing sprinkler lines in ground or restoration work to sprinkler lines unless it is outlined as part of the scope of work in the contract with an itemized price. DCR is not responsible for railing installation around patios, steps, platforms unless otherwise stated in this contract. DCR is not responsible for efflorescence or staining that may occur to any masonry work. DCR is not responsible for damage caused to existing structures that machinery or equipment must pass over to access the work area to complete all contracted work. DCR is not responsible for damage due to the application and/or misuse of deicing materials. DCR is not responsible for unmarked dog restraint fence systems. DCR is not responsible for vandalism to a project once work is complete and caution tape has been added. If the project is destroyed or damaged by accident, disaster or calamity, such as fire, storm, earthquake, flood, landslide, or by theft or vandalism, any work done by DCR in rebuilding or restoring the project shall be paid by the owner as extra work. DCR is not responsible or liable for water accumulations on a surface with less than 2% grade. This contract does not address existing damage or existing water issues unless it is outlined as part of the scope of work in the contract with an itemized price. DCR is not responsible forrequired permits, variance(s), or other professional fees unless otherwise stated in this contract. Owner will obtain and pay for all building permits, variance(s), or other required professional fees imposed by the township or any other public parties unless otherwise stated in this contract. The owner is responsible to supply water and electrical utilities unless otherwise agreed to in writing. Owner-supplied water and electricity will be necessary for the successful completion of the project. The owner is responsible for having sufficient founds to comply with this agreement. The owner is responsible to remove and/or protect all personal property. DCR will not be held responsible for damaged or misplaced property. The owner will point out, mark out and warrant the property lines to DCR. Owner required is to provide DCR with a current house location survey signed & sealed by a licensed surveyor registered in the state of New Jersey. Pricing in this contract reflects the date of the proposal, not date signed. DCR utilizes the New Jersey Asphalt Index which fluctuates each month based on the cost of oil. The job is subject to pricing surcharge of the difference between the costs of asphalt per ton. This will be billed as an extra.
3. Rights to Stop Work: DCR shall have the right to stop work if any payment shall not be made, when due to DCR under this agreement; such failure to make payment when due, is a material breach of this agreement. Owner acknowledges that the additional cost for the delay in stopping and starting the project shall be treated as an extra. 2% interest will be added to balances over (30) days. This proposal may be withdrawn by DCR if not accepted in (30) days.
7. Specific Warranties:
8. Existing Violations and conditions: DCR shall not be held responsible for any existing violations of applicable building regulations or ordinances, whether cited by the appropriate party or not. DCR is not responsible for any abnormal or preexisting conditions or any unusual or abnormal concrete footings, foundations, retaining wall, or piers required, or any unusual depth required for same, such as, but not limited to those conditions caused by poor soil, lack of compaction, hillside, or other slope conditions. DCR will only be held responsible for footing / excavation depths defined within the scope of work specified by this contract. Correction of such violations or abnormal conditions by DCR shall be considered additional work and shall be dealt with as herein provided for under paragraph 1.
(1)Suspend the work and remove material/equipment from the premises.
(2)Remove any DCR-Supplied material/equipment, whether or not it has been installed and whether or not it has been placed in operation. In this regard, Owner agrees that DCR may enter upon owner’s property for the purpose of repossessing such equipment without liability to DCR for trespass or any other reason.
(3)Retain all monies paid hereunder, regardless of the stage of completion of the work and bring any legal action, whether in a court of law or arbitration to enforce its rights. The owner agrees to pay all costs and expenses, attorney’s fees, court costs, and collection fees (including fees incurred in connection with appeals) incurred by DCR in enforcing its rights under this contract.
DCR Landscaping & Construction, Inc.
D.B.A. DCR Paving & Masonry
104 Norcross Avenue
Metuchen NJ 08840
If contract is canceled within the three-day period, you are entitled to a refund of your deposit less DCR design time, site visit time, or any other incurred contracted fees. Refunds must be made within thirty (30) days of the contractor’s receipt of cancellation notice unless these fees were contracted and paid for separately.
