Contractor ESC (Exceptions, stipulations and conditions) contains the list the items not included in the owner scope of work necessary to protect the contractor from additional expenses. These items may cover a wide range of requests that the contractor believes are "usual and customary" for the work to be prosecuted. Check the list below.
I would attach this ESC to the contract documents and state the bid price is based on these items for the GREEN flooring project in addition to the items required in the scope of work and Sample Estimate:
• Utilities I expect the homeowner (customer) to provide at no cost to me.
• Clearly show the area made available by the customer for material delivery and storage as well as contractor vehicle parking at no cost to me.
• We will protect the work site during the workday with … (an itemized list of what is normally required for the type of work). There will be an additional charge should the customer require more security.
• We will protect the work site after the workday with … (an itemized list of what is normally required for the type of work). There will be an additional charge should the customer require more security.
• The customer will inform the crew when entering the work area. The work site is a hardhat area. Remember, children are attracted to noise, activity and smells every construction site offers. Any unaccompanied children entering the work site … will be sold. (Poor attempt at humor!)
• We will provide for the reasonable security of the tools, equipment and material during the progress of the work. Only the contractor’s workers will use the tools and operate the equipment.
• We will deliver any dumpsters to a location convenient for the progress of the work and as coordinated with the customer. We will remove all dumpsters at the conclusion of the job. This sample estimate itemizes the landfill charges of $____. If these charges are greater than the estimate, the customer will owe the difference. If these charges are less than the estimate, the customer will receive a credit on the final invoice.
• Cleanup will include removal of all tools, equipment, material and debris from the customer’s property and leave the site as found, broom clean and with no damage except fair wear and tear.
• Release of Liens will be furnished you prior to final payment. The releases will include all the material suppliers and subcontractors and the payment of taxes withheld from any and all employees of XYZ Construction Company and all subcontractors.
• Final payment is due at the walk through when all the punch items have been resolved. There will be no retainage.
• We guarantee workmanship for one year from the final walk through. The customer receives any manufacturer guarantees at receipt of the final payment.