Excavation & Site Work — Terms of Service
Archived copy — September 8, 2026. This dated copy is kept unchanged for quotes that reference it; the current version is at alaskasaplow.com/terms-excavation.
These terms apply to excavation, grading, drainage, road and driveway construction, hardscape, and lawn installation described in the accepted quote. Together, the accepted quote and these terms form the agreement between the Client and Alaska Shear & Plow (the “Contractor”).
1. SCOPE AND PLANS
Work is limited to what is described in the accepted quote. Where the Client supplies plans, surveys, grades, or specifications, the Contractor builds to them and is not responsible for errors in the design, for whether the design suits the site, or for work required by conditions the plans did not show. Verbal additions are not part of the scope until confirmed in writing.
2. UTILITY LOCATES AND PRIVATE LINES
The Contractor requests public utility locates through the Alaska Dig Line (811) before excavation. Locates do not cover private lines. The Client must identify and mark all private underground facilities before work begins, including septic tanks, lids, and leach fields; well lines and water service; propane and fuel lines; electrical and communication lines to outbuildings, wells, gates, and lights; sprinkler lines; and drain tile. The Contractor is not liable for damage to unmarked or mis-marked private facilities, or for public facilities not located or not located accurately by the utility.
3. SITE CONDITIONS AND UNKNOWNS
Quotes are based on visible surface conditions and the information provided by the Client. Subsurface conditions cannot be known until excavation begins. If the Contractor encounters rock, boulders, permafrost, frozen ground, groundwater, springs, unsuitable or organic soils, buried debris, old foundations, tanks, abandoned lines, or contaminated material, the Contractor will notify the Client and the additional work is billed at the Contractor's hourly and material rates under a change order.
4. QUANTITIES, MATERIALS, AND CHANGE ORDERS
Excavation, fill, gravel, topsoil, and haul quantities are estimates. Work is billed on actual quantities placed, removed, or hauled. Imported material is billed per load or per yard as delivered. Changes to scope, depth, grade, area, or material are billed under a written change order, and work on the change may proceed on the Client's written or text approval.
5. PERMITS, PROPERTY LINES, AND WETLANDS
The Client is responsible for all permits, easements, setbacks, and approvals, and for determining whether the work area includes wetlands, stream buffers, or fish habitat requiring review by the Kenai Peninsula Borough, a city, ADEC, ADF&G, or the U.S. Army Corps of Engineers, unless permitting is separately quoted. The Client is responsible for identifying property corners and lines; the Contractor works to the markers the Client identifies and is not liable for work placed beyond a property line based on those markers. Surveying is quoted separately.
6. SITE ACCESS AND EXISTING IMPROVEMENTS
Heavy equipment must cross the property to reach the work. The Client must identify areas not to be crossed, including septic leach fields, shallow lines, and soft ground. The Contractor is not liable for rutting, compaction, or damage to lawn, driveway, landscaping, or structures along the access route that were not identified, or that is a normal consequence of equipment access. Restoration of access routes is quoted separately.
7. GRADING, FILL, SETTLEMENT, AND FROST
Finish grading is performed to reasonable industry tolerances for the material and equipment used. New fill settles and Alaska soils move with freeze and thaw. The Contractor is not liable for settlement, frost heave, cracking, or movement of fill, grades, surfaces, or structures after completion, or for erosion before vegetation or surfacing is established.
8. DRAINAGE
Drainage work directs surface water as described in the quote. The Contractor does not guarantee that water will not pond, flow, or enter any structure, and is not liable for groundwater, seasonal high water, spring runoff, ice damming, frozen culverts or drain lines, water arriving from adjacent property, or changes in drainage caused by later construction or grading by others. The Client is responsible for keeping culvert ends, ditches, and drain outlets clear.
9. ROADS, DRIVEWAYS, AND GRAVEL SURFACES
Gravel roads and driveways are built with the base, surface material, and compaction stated in the quote. Gravel surfaces develop washboard, ruts, potholes, and dust with use and weather; periodic regrading and additional material are maintenance and are not covered. Paving, geotextile, and dust control are included only if quoted.
10. HARDSCAPES AND RETAINING WALLS
Walls, pavers, and block are installed per the manufacturer's specifications or the engineered plans provided. Walls over four feet in height, tiered walls, or walls supporting a slope, structure, driveway, or other surcharge may require engineering, which is the Client's responsibility unless quoted. Block color varies by lot; efflorescence and minor movement with freeze and thaw are normal and are not defects.
11. LAWNS — SEED AND SOD
Lawn establishment depends on watering, weather, and soil, which the Contractor does not control. Germination and establishment are not guaranteed. The Client must water as directed beginning the day of installation. Weeds in new lawns are expected and are not a defect. Sod that fails from lack of water, foot traffic, pets, or equipment within the first thirty (30) days is replaced at the Client's cost.
12. WEATHER AND SEASONAL DELAYS
Schedules are estimates. Rain, breakup, frost, snow, wet soils, and material or equipment availability can delay work, and the Contractor is not liable for delay caused by weather, site conditions, utility locate delays, permitting, or other causes beyond its reasonable control.
13. PAYMENT, DEPOSITS, AND LIEN RIGHTS
Deposits and progress payments are due as stated in the quote. Material is billed on delivery. Final payment is due on completion. If any payment is not made when due, the Contractor may suspend work; suspension does not relieve the Client of amounts owed. The Client is responsible for reasonable collection costs and attorney fees. The Contractor reserves all lien rights under Alaska law for labor, materials, and equipment furnished to the property.
14. WARRANTY
The Contractor warrants its workmanship for one (1) year from completion and will correct defective workmanship reported in writing within that period. Materials carry the manufacturer's warranty only. This warranty does not cover settlement, frost movement, erosion, drainage performance, lawn establishment, gravel surface wear, damage caused by the Client or others, or work altered by others. It is the Client's sole remedy for defective work.
15. LIMITATION OF LIABILITY — PLEASE READ CAREFULLY
TO THE FULLEST EXTENT PERMITTED BY ALASKA LAW, THE CONTRACTOR'S TOTAL LIABILITY UNDER THIS AGREEMENT, FOR ALL CLAIMS COMBINED, IS LIMITED TO THE AMOUNT PAID BY THE CLIENT FOR THE WORK GIVING RISE TO THE CLAIM. THE CONTRACTOR IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOST PROFITS, DELAY DAMAGES, OR DAMAGE TO STRUCTURES OR PROPERTY ARISING FROM SETTLEMENT, FROST MOVEMENT, DRAINAGE, OR SUBSURFACE CONDITIONS. THE CLIENT RELEASES THE CONTRACTOR FROM CLAIMS FOR DAMAGE TO UNMARKED PRIVATE UTILITIES AND TO PROPERTY ALONG IDENTIFIED OR UNRESTRICTED ACCESS ROUTES, INCLUDING CLAIMS ARISING FROM THE CONTRACTOR'S ORDINARY NEGLIGENCE. THIS SECTION DOES NOT APPLY TO THE CONTRACTOR'S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.
16. INSURANCE, SUBCONTRACTORS, GOVERNING LAW, AND ENTIRE AGREEMENT
The Contractor maintains commercial general liability, commercial automobile, and workers' compensation coverage as required by Alaska law; certificates are available on request. The Contractor may perform any part of the work through qualified subcontractors. This agreement is governed by the laws of the State of Alaska, and venue for any dispute is the Superior Court for the State of Alaska, Third Judicial District at Kenai. These terms and the accepted quote are the entire agreement and replace prior discussions. Changes are effective only in writing. If any provision is found unenforceable, the remaining provisions stay in effect, and Sections 13 through 15 survive completion.
ACKNOWLEDGMENT. By approving the quote that references these terms, the Client confirms that they have read and agree to these Terms of Service, that they have marked or will mark all private underground facilities and no-access areas before work begins, and that they specifically acknowledge the limitation of liability in Section 15.