Asphalt & Paving Services

Payment:

• The Client acknowledges that the Scope of Work represents the full extent of services to be performed.
• Final Payment: The full balance is due upon completion of the project, the same day work is deemed substantially complete by the Contractor.
• Late Payments: Any overdue invoices will be subject to a finance charge of 1.5% per month (18% per annum) over 30 days. All NSF payments are subject to a $25 fee. Failed credit card payments are subject to a $25 administration fee.
• Direct Payments Only: Payments must be made directly to the Contractor, not staff or subcontractors.

Project Specifications:

• Driveway Grade: The driveway will be constructed to allow proper drainage. A minimum slope of approximately 2% will be maintained where possible. The maximum slope will generally not exceed 6% to 8%, depending on site conditions and municipal requirements.
• Base Preparation: A compacted granular base will be installed as required based on existing soil conditions and project requirements.
• Asphalt Installation: Asphalt thickness and application will be determined based on site conditions and intended residential use.

Timeline:

Timeline may be adjusted due to weather, material delays, or unforeseen site conditions. Any delays will be communicated by the office.

Utilities & Locates:

The Contractor will obtain all required public utility locates before starting any excavation or ground disturbance work. The Client must disclose any known private or non-public underground utilities (including irrigation, lighting, septic, propane, or other private lines). The Contractor is not responsible for damage to unmarked, improperly marked, or undisclosed private utilities.

Change Orders & Communication:

All change requests must be made only through Contractor management/office. Staff cannot accept instructions. All changes require written, signed Change Orders. Unauthorized instructions may result in work termination.

Non-Solicitation & Staff Communication:

Clients may not hire, solicit, or contract Contractor’s employees/subcontractors directly. Clients shall not pay staff for side work. Tips may be given at staff’s discretion but do not obligate staff to perform work. Only management may approve or schedule work.

Exclusive Labor & Materials:

All labor, materials, machinery, and transportation will be provided exclusively by the Contractor. Clients may not provide their own laborers or materials. Contractor not liable for issues caused by Client-supplied items.

Materials, Tools & Equipment:

The contractor may store materials, tools, and machinery on-site during the project. All remain Contractor property. Clients/others may not move, touch, or use Contractor’s items. Client is responsible for theft, damage, or misuse.

Liability & Insurance:

The contractor carries general liability insurance. Clients must maintain homeowner’s insurance. Contractor not liable for injuries except gross negligence. Client indemnifies Contractor for damages caused by negligence or hazards.

Contractor Right to Cancel:

The contractor may terminate immediately if the site is unsafe, hazardous, or unsuitable. Only deposits will be refunded. No further compensation required.

Pre-Existing & Third-Party Damage:

The Contractor is not responsible for pre-existing conditions, hidden obstacles, or any damage to the property caused by third parties before or after the project. Reasonable care will be taken to prevent damage; however, minor incidental damage is not the Contractor’s responsibility unless caused by gross negligence. If the Contractor is requested to repair damage caused by a third party or pre-existing condition, the cost of such repairs will be invoiced to the Client. The Client remains solely responsible for payment, and the Contractor is not responsible for securing payment or reimbursement from any third party.

Warranties:

• The Contractor provides a two (2) year warranty on all labor and materials. This warranty covers defects in workmanship and materials under normal use. The warranty does not cover misuse, neglect, Acts of God (including but not limited to extreme weather events, flooding, or natural disasters), frost heave, chemical damage, or alterations performed by third parties. Any applicable manufacturer warranties will be passed on to the Client.
• Only cracks wider than 1/4 inch are eligible for repair under the warranty. Cracks 1/4 inch or smaller are considered hairline cracks and are not covered. For smaller cracks, the Contractor recommends driveway sealing as regular maintenance.

Marketing & Publicity:

The Contractor may photograph or record the project for marketing, advertising, and social media purposes. The Client grants Ottawa Pavemaster permission to use any photos and/or video recordings taken of the property in all forms of marketing and promotional materials. Ottawa Pavemaster will not disclose the Client’s name, address, or any personal information that could reasonably identify the Client without written consent.

Respect & Conduct:

Both parties must remain respectful. Verbal or physical abuse by a client allows the Contractor to suspend work and pursue legal remedies.

Termination:

Clients may only terminate for valid cause (e.g., Contractor not performing obligations). If terminated otherwise, full payment is still required even if the project has not started, due to scheduling and lost opportunities. If the contractor terminates under an unsafe site clause, only the deposit is refunded.

Dispute Resolution:

Any disputes will first be discussed in good faith. If not resolved, the matter may proceed to mediation, arbitration, or the Ontario Small Claims Court located closest to the Contractor’s principal place of business. Both parties agree that Ontario courts will have jurisdiction.

Site Access & Safety:

The Client agrees that no homeowner, occupant, family member, visitor, neighbor, child, or pet shall enter the work zone at any time while work is in progress unless expressly authorized by the Contractor. If authorized entry is required, proper personal protective equipment (PPE), including steel-toe boots, safety glasses, and protective clothing, must be worn. The Contractor is not liable for any injury, accident, or damage resulting from unauthorized entry into the work zone.

Assumption of Risk:

• This limitation of liability applies only to the Customer and third parties. The Contractor remains fully responsible for the safety and injuries of its own employees, subcontractors, and staff while performing the work.
• The Contractor shall not be liable for slips, trips, or falls caused by uneven ground, loose gravel, wet surfaces, fresh asphalt, or construction debris within the work zone.
• The Contractor shall not be responsible for injuries caused by moving vehicles, trucks, rollers, compactors, tools, materials, or heavy equipment operating in confined or residential areas.
• The Contractor shall not be liable for burns or heat-related injuries. Asphalt and related materials are installed at high temperatures.
• The Contractor shall not be liable for caught-in or caught-between accidents involving equipment or structures.
• This limitation includes cuts, lacerations, eye injuries, vibration injuries, or other injuries resulting from contact with tools, equipment, or materials.
• The Contractor shall not be liable for exposure to asphalt fumes, dust, exhaust, or chemical materials.
• The Contractor shall not be responsible for hearing damage or accidents caused by high noise levels.
• Traffic-related incidents involving passing vehicles or site access are excluded from liability.
• The Contractor shall not be liable for injuries resulting from poor visibility or temporary obstructions.
• Weather-related incidents are excluded from liability.
• The Contractor shall not be responsible for accidents caused by unstable soil or hidden structures.
• Fire-related or equipment-related incidents involving unauthorized access are excluded.
• The Contractor shall not be liable for delays in emergency response caused by site conditions.

General Provisions:

Entire Agreement:

This Agreement constitutes the entire understanding between the Contractor and the Client and supersedes all prior agreements. No amendment shall be valid unless in writing and signed by both parties.

Severability:

If any provision is found invalid, the remaining provisions remain in full effect.

Amendments:

The Contractor reserves the right to amend these Terms with written acknowledgment from both parties.

Governing Law:

This Agreement shall be governed by the laws of Ontario, Canada. Courts in Ottawa, Ontario have jurisdiction.

Acknowledgment of Pages:

The Client agrees to initial each page. Final signature confirms acceptance of the entire contract.