1-NAMES OF ALL OWNERS (YOU):
2-OWNER'S MAILING ADDRESS:
same as shown above,
3-OWNERS SOCIAL SECURITY NUMBER:
(ownership of property must be verified):
same as shown above,
, if different than owner's mailing address:
TIM COPELAND COMPANIES,L.L.C., (DBA "Tim Copeland Construction")(BUILDER) AGREE AS FOLLOWS:
1) Builder agrees to perform the following work (attach plans dated, and specifications
dated, if any, to this Contract):
a deck as previously bid at
by mail or personal delivery.
You agree to
for this work as follows:
of this amount, or $
to start project due at time of lumber delivery, the balance upon completion. Inspection for permit may occur after this point.The price
for the work includes all labor, materials, and the building permits unless
indicated separately on the bid. You agree
to provide electricity; water to mix cement with; a place to dispose
of excavated dirt that can be accessed reasonably with a wheelbarrow.You will
get the money to pay the Builder from the work from:
2) You may
not occupy or use any of the work done by the Builder until the Builder has
been paid in full. All work is considered completed upon Inspection
by City Building Official. If no permit is required, the Builder
will determine when the work is complete.
Builder agrees to start work on or before
( a spare week is allowed here from the actual scheduled start date, to accommodate
unforeseen circumstances) and all work will be completed within 30 days (most
decks are complete within 8 days; this is merely generic statement for the
sake of this contract form). You will agree that the Builder is not
responsible for delays in completion of the work due to weather, strikes,
war, shortage or delay in getting materials, government regulations,
court actions or any other cause beyond the Builder's control. You agree
to pay for unexpected or unanticipated extra costs such as soil corrections,
inferior attachment area on your house, or removal of debris that is buried
and is preventing the installation of the footings.
4)Builder will provide Builder's risk insurance in the amount of this Contract.
You will be responsible for losses not covered by Builder's Insurance, including
5) If you fail to pay the Builder any payments due under the terms of this
Contract within 3 days of the written request for payment, the Builder may
stop work without further notice. You will be liable to Builder for
all payments due up to the time work is stopped, and for all losses, soft
costs, and damages. The Builder will only restart work after you have
paid all money due the Builder and the Builder is satisfied that you have
the ability to pay for the remaining work.If at any
time the Builder reasonably believes that you will not have sufficient funds
to pay the Builder any payment scheduled to be due under this Contract, after
1 day written notice to you, the Builder may stop work. If you provide
the Builder with evidence, satisfactory to the Builder, of your ability to
meet all payment obligations, Builder may continue work under the Contract.
If work has stopped for any reason, for more than 10 days, Builder may terminate
this Contract and recover from you, payment for all work completed, and for
all lossses sustained by the Builder on all material, machinery, equipment
or tools, overhead, soft cost, profit and damages.
6) You and the Builder have agreed that you will do the following work: .
that this work must be done on time, as determined by the Builder, or you
agree to pay the Builder all costs for any delay caused by you.
understand that there are no oral agreements between you and Builder.
Everything you expect Builder to do has been included, in writing, in this
Contract. Nothing in this contract can be changed unless it is changed
in writing, in this Contract. Nothing in this Contract can be changed
unless it is changed in writing on a separate form and signed by both you
and Builder. This Contract may be NOT be assigned by Builder without your
8) Sometimes concealed conditions prevent me from knowing the extent of work required. Most often this comes into play with the ledger or buried items in the digging area. If a rotted rim joist is revealed during the process, I have the right to notify you of additional charges for the work required to make attachment of a ledger possible and viable, and also add additional charges to excavate materials unseen during the bid process.
9) If tree roots are within the digging area, I cannot be held responsible for damage to the tree at any time. Customer acknowledges the risk of digging within his planned jobsite of any potential tree root damage, and will not hold Tim Copeland Construction liable.
10) If Builder is required to retain an attorney to collect any money you
owe, you agree to pay all the Builder's attorney fees, costs, and disbursements.
signature on this Contract attests to your financial responsibility, ability,
and willingness to pay in accordance with the terms of this Contract.
You represent to the Builder that you have no plans to file bankruptcy or
seek other protection from your creditors, that all information in this Contract
is correct, and that you have read and understand this Contract. You
represent and warrant to Builder that you are the owner of the property on
which the Builder will do the work.
12) Right to repair: Minnesota statute 327A states that I am allowed first opportunity to repair any defects in the work first. You may not hire another person to do this work unless 15 days has passed since your notification of defect.
13) THE OWNER IS ADVISED THAT IF THE PROJECT INVOLVES THE OWNER'S HOMESTEAD,
FEDERAL LAW ALLOWS THE OWNER TO TERMINATE THIS CONTRACT FOR ANY REASON WITHIN
THREE (3) DAYS AFTER SIGNING IT.
14) The Pre-lien notice required to be given by Minnesota State Law is attached
(if applicable). All
warranties under Minnesota Statutes Chapter 327A apply to the work.THIS
IS A LEGALLY BINDING DOCUMENT. READ IT CAREFULLY AND UNDERSTAND IT BEFORE
YOU SIGN IT. CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS.
This notice is to advise you of your rights under Minnesota law in connection with the improvement of your property.
(A) ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS
IMPROVEMENT TO YOUR PROPERTY MAY FILE A LEIN AGAINST YOUR PROPERTY
IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS.
(B) UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED
LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS
AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM
FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS
I GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR
OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE.
I have read and understand this agreement (place initials in box). All Owners
the IMPLIED warrantees that are imposed upon construction by the State of
Minnesota (Minn Stat. §327A.01, et. seq.)
- during the one-year period from and after the warranty date the home improvement shall be free from defects caused by faulty workmanship and defective materials due to noncompliance with building standards; and
- during the ten-year period from and after the warranty date the home improvement shall be free from major construction defects due to noncompliance with building standards.
defects or areas that you are not satisfied with will be corrected
by me, Tim Copeland. Green treated lumber often comes with a
warranty against rot for 40 years, but its not practical to pursue
this for a board or two. I just buy it myself without waiting to reconcile
with a lumber producer. It just won't rot anyway, even if its
touching the ground or immersed in water, or directly under a leak
in the gutter or something like that. But you would use a .60 retention
wood for that purpose anyway. Cedar does rot if misapplied;
again, I will correct any areas that you are not happy with.
If you purchase or supply your own lumber, you must trust me to use
the best parts in the best places and have no right to argue about
any of the wood quality.
to know: Expect that joints
that look completely tight when I finish will not necessarily stay that way.
Wood shrinks and twists slightly within an acceptable tolerance. Because
I use glue on these connections, the chances are small that you would have
a problem. But if you do, I will fix it for a period of five years.
- Wood being
grainy, it will take on checks
and small cracks over time. These will not affect the structure
and can be kept to a minimum by putting a water sealer on the wood
every couple years. In large timbers like 6x6's, the unavoidable circular
grain inside the wood often creates long surface cracks, as wide as 1/8th
inch, which are irrelevant to its strength. If you don't have them
now, you may find them later. If you look close at most older posts,
you will see these cracks, or perhaps you are used to decks with 4x4 posts.
Obviously, the more mass to a timber, the more cracking pressure there is,
and this is why I use 5/4"
decking instead of 2x6's. But I feel the 6x6 looks much better
and there is no need to worry about these cracks. You should box in
4x4's with 1x6's if you want a clean surface look to a rough timber.
- Minor movement
in footings is acceptable and will not affect your deck because of the metal connections I use. Any major movement would probably be caused
by inferior soil conditions, because the footings are done according to
requirements set out by the State of Minnesota and the city in which you
live. This would not be considered a defect caused by me. But
I might still be able to help you and will let you know of any cost involved
before I start.
(Tim Copeland Companies, DBA Tim Copeland Construction, MN license #BC647749)
2307 Buffalo St
White Bear Township, MN 55110