What an epoxy flooring contract should include

An epoxy flooring contract should spell out who the parties are, exactly what you’ll do (the prep standard, each coat by product and thickness, the color or flake, the repairs included), what you won’t do, what the customer has to do, the price and payment schedule, how changes are handled, the warranty, and the notices your state requires. The more specific the scope, the fewer arguments after the floor goes down.

The parts of a coating contract

The scope-of-work template and the estimate template follow this structure.

Write a scope that describes the floor

A scope of “epoxy garage floor, gray flake” invites disputes. Name the work:

• Areas and size: “Two-car garage, 22 ft × 22 ft, 484 sq ft, plus front stem wall, 22 linear ft.”
• Prep: “Diamond grind entire floor to CSP 2; vacuum with HEPA dust extractor; grind and fill cracks with [product].” CSP 2 is the profile chip systems typically call for; use whatever your product’s data sheet requires.
• System: each coat by product name, with its spread rate or thickness in mils; the flake blend and size, and “full broadcast to refusal” or a partial broadcast; the topcoat and number of coats.
• Repairs included: what’s in the price (for example, “up to 30 linear ft of crack repair”) and the unit price for more.
• Moisture: “Moisture test before installation. If results exceed the manufacturer’s limit, we’ll stop and offer a moisture vapor barrier at $[X] per sq ft as a change order.” A typical chip system’s limit is 3 lb per 1,000 sq ft per 24 hours (calcium chloride test, ASTM F1869) or 75% relative humidity.
• Return to service: when the customer can walk and park on it, from the data sheet.

Exclusions worth writing down

List what you don’t include and don’t warrant. Common ones in coating contracts, most of which also appear in manufacturers’ warranties:

• damage from moisture, hydrostatic pressure or alkali in the slab beyond what testing showed;
• cracks, including existing cracks that reappear, and slab movement or settling;
• staining or marking from tires, tire shine, rubber mats, battery acid, brake fluid and other chemicals (plasticizers in hot rubber can migrate into coatings);
• color or pattern differences from samples, and between original and repaired areas;
• damage from abuse, dragged or dropped heavy objects, and other people’s repairs;
• work on areas not listed in the scope (driveway, walls, steps) unless added.

Customer responsibilities

Put the customer’s part in writing too:

• empty the garage or area before the crew arrives, including items on shelves at floor level;
• provide access, electricity of the right voltage and water if needed;
• keep vehicles, people and pets off the floor for the cure times stated;
• tell you about known leaks, moisture or previous coatings;
• follow the care instructions you provide.

Deposits and payment schedule

Payment rules are where state law bites hardest. California is a clear example of how specific they can be:

• A written contract is required for home improvement projects over $500.
• The down payment “cannot be more than $1,000 or 10 percent of the contract price, whichever is less.” On a $3,075 garage floor, that’s $307.50.
• The contract needs a detailed payment schedule, and payments other than the down payment can’t exceed the value of work performed.
• The CSLB sample contract states the limit in large bold type and adds: “It is against the law for a contractor to collect payment for work not yet completed, or for materials not yet delivered.”

Other states set different limits or none at all. Look up your state on the license requirements page and with its licensing board before you set a deposit policy.

The FTC Cooling-Off Rule

If you sell in the customer’s home, the federal Cooling-Off Rule usually applies to sales of $25 or more:

• the buyer can cancel until midnight of the third business day after the sale (Saturday counts; Sundays and federal holidays don’t);
• you must tell the buyer about the right to cancel and give them two copies of a cancellation form, with a dated contract or receipt;
• if they cancel, you have 10 days to refund their money.

The rule doesn’t cover some sales, such as emergency repairs or repairs the buyer asked you to come and do. State rules can be longer: California’s sample contract lists a three-day right to cancel, five days if the homeowner is over 65, and seven days for some disaster-damaged homes.

Change orders

Agree every change in writing before you do the work. California’s sample contract says a change order isn’t enforceable unless it states, in writing and before the work starts, the scope of the extra work, the amount added or subtracted, and the effect on the payment schedule or completion date. That’s a good standard anywhere: add a line for the customer’s signature and date, and don’t start until you have it.

Warranty

Refer to your written warranty in the contract and attach it. Say who backs what: your workmanship warranty, and any manufacturer’s product warranty with its own registration and claim rules. Manufacturer programs often require registration within 30 days of installation and supply materials but not labor for repairs, so your own terms decide what the customer gets for labor. How to write terms you can afford is in epoxy floor warranties, with a starting point in the warranty template.

Lien notices and lien releases

Some states require lien notices in home improvement contracts. California’s sample contract includes a full “Mechanics Lien Warning” explaining that unpaid subcontractors and suppliers can record a lien on the property even if the owner paid the contractor, and it requires the contractor to provide an unconditional lien release for each portion of work paid for when the owner asks. Your state’s lien law sets its own notices and deadlines; check before you write your contract.

Dispute resolution

Decide in advance how disagreements get handled: a walkthrough and repair period, then mediation, then arbitration or court. Whether arbitration clauses are allowed and how they must be worded varies by state, so this is a section for your attorney.

Contract checklist

• Your legal name, address, license number (if licensed) and insurance information
• Customer name and job address
• Areas, measurements and total square footage
• Prep standard and repairs included, with unit prices for extra repairs
• Each coat by product, with spread rate or thickness; flake or color; topcoat
• Moisture test, the limit, and the change order if it fails
• Exclusions
• Customer responsibilities and cure times
• Schedule window, weather limits and number of visits
• Price, deposit and payment schedule within your state’s limits
• Change-order procedure
• Warranty terms attached
• Required state notices (cancellation rights, lien warning, insurance disclosures)
• Cooling-off notice and cancellation forms for sales made in the home
• Dispute resolution
• Signatures and dates