[sdinenno]

Does anyone want to volunteer an example of a "rock clause" that he uses in a sales contract? I need to include some sort of stipulation in my contracts to protect myself against the possibility of running into large, immobile, underground objects while digging for retaining wall installation. But I'm not sure of how to properly word the clause.

[mrusk]

In my contract is basicallt states that if we hit rock when digging for a pool it will be $2000 a day to hammer plus additional removal fees. Its alittle more detailed than that, but thats the gist of it.

[Stonehenge]

Why have just a "rock clause"? Why not have a clause that covers anything that is unknown or not openly visible to you at the time of the initial meeting? For example, hitting a cistern would not fall under your rock clause, but sure would screw up the job and your margins. Or buried construction debris. Or the covered foundation of an old barn.

Your best bet is probably going to be to jot something down, then send it over to your attorney and explain what it is you want to do, and let the attorney craft the wording.

[Dale Wiley]

Section 4 - Unknown Underground Obstacles

If any underground obstacles are encountered that impede the progress of the job more than 15 minutes, contractor will inform client immediately and request a change order be executed on a time and material basis for remedial of the underground obstacle. Hourly rates will be specified in the change order. There will be a minimum of a 1-hour charge or a $ 50.00 minimum charge on all change orders.

[John Palasek]

C. General Conditions

If conditions are encountered on the site which are subsurface or otherwise concealed physical conditions which differ materially from those contemplated, or physical conditions of an unusual nature are encountered and cause a furtherance to the Contractor in time or materials, the Contractor will be entitled to an equitable adjustment in the contract price, an extension of the completion date, or both, by change order. Furthermore, the Contractor will not be held responsible for any damage to the following:
Underground Sprinkler heads - Underground irrigation piping - Television Cable - Phone Cable – Low Voltage Cable, Cesspools/Septic Tanks or any buried utilities and/or devices not installed in accordance with local building codes or common practices.


This is followed by the following clause:

2) The owner will clearly identify boundaries of the property, shall provide surveys of the property describing physical characteristics, legal limitations and utility locations and/or cause the property to be staked if reasonably requested by the Contractor. The owner is obligated to provide notice of all concealed conditions, and shall provide and pay for water and electricity to the property.

[Stonehenge]

That's what I'm talking about. Nice posts, JP and Dale.

[Dale Wiley]

JP's covers things better than mine.. I will be updating mine since he covers some very important things

Thanks, JP...

[John Palasek]

.

Glad to help!


-JP

[moltenfe]

We also include a clause for constructions abutting foundations:

If a segmental retaining wall is constructed next to or adjoining a building foundation, the property owner must determine if the existing foundation walls can withstand any pressure added or removed by the construction of the segmented retaining wall.

This combined with what was posted prior seems like a good way to cover yourself when dealing with the unknown.

[sdinenno]

Originally posted by John Palasek
C. General Conditions

If conditions are encountered on the site which are subsurface or otherwise concealed physical conditions which differ materially from those contemplated, or physical conditions of an unusual nature are encountered and cause a furtherance to the Contractor in time or materials, the Contractor will be entitled to an equitable adjustment in the contract price, an extension of the completion date, or both, by change order. Furthermore, the Contractor will not be held responsible for any damage to the following:
Underground Sprinkler heads - Underground irrigation piping - Television Cable - Phone Cable – Low Voltage Cable, Cesspools/Septic Tanks or any buried utilities and/or devices not installed in accordance with local building codes or common practices.


This is followed by the following clause:

2) The owner will clearly identify boundaries of the property, shall provide surveys of the property describing physical characteristics, legal limitations and utility locations and/or cause the property to be staked if reasonably requested by the Contractor. The owner is obligated to provide notice of all concealed conditions, and shall provide and pay for water and electricity to the property.

This is a good one. I think I might use it with some minor changes. Thanks, John.

[FungusMudGrub]

"The contractor makes every reasonable effort to determine the soil conditions prior to setting a price for the job. However, in the event that he discovers conditions that will substantially increase the cost of the job, including but not limited to buried debris, ledge, clay, toxic waste, garbage, and rubble, the contractor reserves the right to increase the price of the job accordingly"