DATE: July 19, 2011
1-NAMES OF ALL OWNERS (YOU): 

2-OWNER'S MAILING ADDRESS: same as shown above,
or
3-OWNERS SOCIAL SECURITY NUMBER:
(ownership of property must be verified):
4-OWNER'S TELEPHONE:
5-JOB LOCATION same as shown above,
or , if different than owner's mailing address:

YOU AND  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):

Build/install a deck as previously bid at $______ by mail or personal delivery.

You agree to pay Builder $_______ for this work as follows:

50%  of this amount to start project due at time of lumber delivery,  50%  upon completion  and inspection by city of deck.

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:
Personal Checking Business Checking Home Equity Loan Cash Savings

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.

3) The 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 any deductable.

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: .
Provide water & electric source outside, specify and provide place on property to place excavated dirt from installation of footings.

You understand 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.

7) 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 consent.

8)  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.  At Builder's option, and if requested by Builder, you agree to arbitrate and/or mediate any disputes between us in Ramsey County, Minnesota, under the Rules of the American Arbitration Association, Minneapolis, Minnesota.

9) Your 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.

10) 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.

11)  The Pre-lien notice required to be given by Minnesota State Law is attached (if applicable).  Also attached is the Urea Formaldehyde Notice. 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.

I have read and understand this agreement (place initials in box). All Owners must sign.

____________________________(owner)
(enter name)

____________________________(owner)
(enter name2)

Warranty Information

Here are the IMPLIED warrantees that are imposed upon construction by the State of Minnesota (Minn Stat. §327A.01, et. seq.)

1. One year- fix anything that goes wrong;
2. Two-years-covers HVAC, electric and plumbing;  (not really applicable to decks)
3. Ten Year-major construction defects

Things 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.

1. 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.
2. 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.
3. No guarantees apply to composite decking; all warrantee action must be addressed to the manufacturer. I do not recommend any composite decking over wood. Wood is time-tested to perform, and not all composites are, and I cannot imply or be certain of the long-term performance of any composite material.
   

(Tim Copeland, MN license #20075977)