Preamble
Service Contract
This document outlines the conditions applicable to all work performed by Fondations Gagnon Leduc. It forms an integral part of every estimate provided to the client.
Validity of Estimate
The estimate is valid for 30 days. After this period, prices may be adjusted based on market fluctuations, including materials and labor. Prices are based on the specified materials.
If the client has not yet selected materials, the price may change depending on the final selections. Measurements are approximate and may vary depending on the topography and conditions of estimation. The final price will take into account the actual quantities, including waste cuts, which will be billed at full price.
Any verbal agreement must be confirmed in writing in the provided estimate, otherwise, it will not be considered valid. Changes after signing will result in a price adjustment.
Payment Terms
Estimates totaling less than 5 000$ only require 200$ to reserve.
Payment of the deposit constitutes acceptance of the quote and these terms and conditions.
An initial deposit of $500 is required to reserve a spot on the schedule. Then, 25% of the estimated amount is due on the first day of work, followed by 25% upon delivery of materials or after excavation. If no materials are delivered, the amount is payable upon completion of the work.
The balance, representing 50% adjusted according to changes and actual quantities, is due at the end of the work, including leveling, seeding, and polymer sand compaction, if applicable.
The balance must be paid at the completion of the work.
An additional deposit may be required to cover the cost of a major change requiring extra materials or unforeseen mobilization.
In the event of an interruption exceeding 5 days, an interim payment equal to the value of completed work may be requested.
Failure to comply with the payment schedule will result in the immediate suspension of work until payment is regularized. Installed materials remain the property of the contractor until full payment of the outstanding balance.
Accepted payment methods are cash, cheque, Interac transfer, or direct deposit.
Interest of 3% per month will apply to any unpaid balance, as well as any collection fees such as court, liens, etc.
Termination and Suspension of Work
In the event of cancellation by the client before the completion of the project, the client agrees to pay for the value of the completed work, as well as a penalty of 20% of the total amount of the contract, up to the total contract value.
The deposit is non-refundable. In the event of cancellation, the client is responsible for all costs already incurred prior to the start of the project, including, but not limited to, personnel wages, travel expenses, the purchase of preparatory materials, and costs related to project organization.
Permits and Authorizations
The client is responsible for obtaining the necessary permits from the municipality unless they choose the accompanying service offered by the contractor.
Public right-of-way permits (for trucks or machinery) will be obtained by Fondations Gagnon Leduc, but the costs will be borne by the client.
Demolition
The estimate includes standard demolition, corresponding to a thickness of 3 inches for asphalt and 4 to 6 inches for concrete, unless mentioned.
Any excess thickness will require an adjusted estimate that must be approved before continuing work.
Excavation and Unforeseen Issues
Additional fees of 80 $ apply for each stone larger than 2 feet in diameter, and 160 $ for each stone larger than 3.5 feet.
Unforeseen debris (concrete, asphalt, deep clay, roots, construction waste, etc.) will require a revised estimate, which must be approved by the client.
The contractor is not responsible for damage caused to unidentified buried elements such as water, irrigation, gas lines, or wiring, if not previously indicated by the client or excavation information.
In the event of challenging ground conditions while digging fence post holes (such as rocks, concrete, large roots, or highly compacted soil), an additional fee of 80 $ per obstacle will apply. The client will be notified of any such conditions before these charges are incurred.
Site Access and Client Responsibilities
The client must ensure that the site is accessible and clear for machinery and workers. If the team needs to remove items not mentioned in the estimate to access the site, additional fees may apply.
It is also the client's responsibility to clear access to fences, entrances, and work areas, and to inform adjacent neighbors due to the large and dusty nature of our equipment.
Any authorization for access to a neighboring property must be obtained by the client in writing.
Electricity and Water
The contractor will need access to a standard electrical outlet and an exterior water source.
In the absence of an outlet, a generator will be used and charged at 50 $ per day.
Modifications During the Project
Any modifications to the initial project must be approved in writing.
Additional work will be charged at a rate of 120 $ per hour per worker, plus the materials used.
Deadlines and Delays
The work will be carried out in a logical order, based on the availability of equipment, labor, weather conditions, material availability, project complexity, and any unforeseen circumstances.
The scheduled start date is indicative and may be postponed due to circumstances beyond the contractor's control, including unforeseen events. Delays may occur both at the start and during the completion of the work, and the contractor will not be held responsible for such delays.
Collateral Damage
Despite all precautions taken by our experienced operators, the contractor cannot guarantee the absence of damage to adjacent surfaces, plants, existing pavement, or structures near the work areas.
The contractor is not responsible for cleaning or for any damages related to dust, dirt, splashes, or deposits that may affect windows, walls, doors, siding, vehicles, or any other surfaces of the client, neighbors, or surrounding properties.
During excavation, particularly for foundation cracks and foundation work, the disturbed soil expands and its composition becomes mixed, potentially bringing gravel, clay, and rocks to the surface. The contractor is not responsible for this expansion of the backfill; rain and freeze-thaw cycles will help recompact it over time.
The polyurethane injection ports will not be removed by the contractor after injection; if removal is desired, it is preferable to do so 24 hours after injection.
Right to Image and Advertising
The client authorizes the contractor to take photos of the completed work for advertising purposes (website, portfolio, social media) and to temporarily install an advertising sign on the property.
Warranty
All work on interlocking pavers, retaining walls, and steps is warranted for three (3) years, provided that the gravel foundation was entirely completed by our team.
Crack repairs performed from the interior are guaranteed for a period of ten (10) years. This warranty includes one (1) crack reinjection.
Crack repairs performed from the exterior are guaranteed for ten (10) years against water infiltration, and foundation drainage work is guaranteed for fifteen (15) years against water infiltration.
Foundation wall and crack waterproofing work carried out with polyurea is guaranteed for a period of twenty (20) years against water infiltration.
Sod installation is not warranted against weeds, yellowing, or any other deterioration resulting from external factors such as weather conditions, soil quality, watering, drainage, sunlight exposure, shade, etc. It is essential to rigorously follow the maintenance guide provided. Lawn maintenance may require the application of pesticide treatments and manual weed removal depending on site conditions.
The appearance of efflorescence (white deposits on concrete or pavers) is a natural phenomenon and is not covered under this warranty.
Any subsequent modification to the building or major work may void the warranty on foundation crack repairs. Crack warranties apply only where a foundation drain is present, functional, and compliant with applicable standards.
All warranties are transferable between owners.
Force Majeure
Neither party will be held responsible for a delay or contractual failure caused by an event beyond its reasonable control, including natural disasters, pandemics, strikes, supply interruptions, or government decisions.
Dispute Resolution
In the event of a dispute, the parties agree to attempt an amicable resolution.
Acceptance
Signature and Acceptance
I, the undersigned, acknowledge having read, understood and accepted the terms of this contract.
Client Name:
Signature:
Date: