Terms & Condtions

Last updated: April 19, 2026

These are the standard Terms & Conditions under which JKA Well Drilling & Pumps (“the Contractor,” “we,” “us”) performs work for its customers (“the Customer,” “you”). They apply to every estimate, proposal, and work order unless we agree otherwise in writing.

General

Work will be completed in a manner consistent with local, county, and state codes. The Contractor is not responsible for delays due to causes beyond our reasonable control, including adverse weather or ground conditions, or the unavailability of materials, equipment, or qualified personnel.

The Customer authorizes the Contractor to enter the premises and start work, and to continue until the work is fully completed. Work will start on a mutually agreed date, or as soon thereafter as prior arrangements allow. This authorization does not, by itself, constitute an agreement as to the scheduling of the work.

Any warranties offered by the Contractor are contingent on full payment being received within 14 calendar days of the Contractor’s invoice.

Basis of Work

All materials and labor are based on estimated or visible conditions. A change in conditions or needs may be reflected in the overall cost charged to the Customer. Any major change will be agreed upon before further work is performed.

The Contractor does not guarantee water quality or quantity resulting from any work included herein.

Work Site

The Customer agrees to provide properly cleared and passable access for the Contractor’s equipment into and out of the site under its own power. Equipment that becomes bogged down as a result of poor access will be removed by the Contractor at the Customer’s expense. The Customer accepts that the Contractor’s operations may unavoidably or necessarily cause damage to some of the Customer’s plants, landscaping, and property.

Communicating With the Customer

It is the Customer’s responsibility to be on the job site personally, available by telephone, or to have an appointed representative present — so that decisions about whether or when to terminate a hole, or how to respond to a change in conditions, can be made in real time.

If the Customer or their representative is not present or reachable while the Contractor is engaged on the job, the Contractor is authorized to make decisions, based on its expertise and experience, to allow completion of the work. Alternatively, the Contractor may at its discretion reschedule the work to another mutually agreeable time, and the Customer will be responsible for any additional costs incurred.

Standby Time

Standby time applies if:

equipment or labor becomes stuck or bogged down;
the Customer stops the Contractor from proceeding with work in a timely manner;
the Customer is unavailable or unresponsive to the Contractor in a timely manner; or
the Customer prepares the work site and it is deemed inaccessible or unsatisfactory due to safety concerns or other risks, as determined by the Contractor.

The Contractor reserves the right to not start work, or to cease further work and reschedule, once the site is safe and ready.

Standby time may be billed at the following rates:

Equipment / Crew	Hourly (up to 6 hours)	Day (over 6 hours)
Pump Hoist & Two-Man Crew	$550	$4,000
Service Truck & One/Two-Man Crew	$480	$3,500
Drilling Rig & Up To Two-Man Crew	$650	$4,800
Additional Crew Member(s)	$195	$1,560
Additional engine-driven or rental equipment	$1 per horsepower	$6 per horsepower

Produced Water, Cuttings, and Debris

The Customer permits the Contractor to dump all produced soils, rocks, silts, slurries, water, foam, and debris generated during the work around and about the work site, or in such places and in such manner as the Contractor determines is most appropriate. The Contractor is not obligated to remove these materials from the site, nor to provide silt fencing or other materials to prevent mud, slurry, turbid water, or debris from entering local waterways or stormwater facilities.

The Customer is responsible for the disposal or containment of overflow water and foam. The Customer will make no claim for damages against the Contractor on account of said flow of water, mud, slurry, turbid water, or foam, and will indemnify the Contractor from any claim of damage or loss to neighboring land or streams. The Customer agrees to take such measures as are necessary to prevent the escape of water or foam from the Customer’s lands onto the lands of another.

The Customer also accepts responsibility for claims asserted by neighboring landowners that the Customer’s well adversely affects the neighbor’s own well production or water quality.

Indemnification

The parties will, at their own cost, defend, indemnify, and hold each other harmless from any claim or action asserted by a third party.

Marking the Well Site & Underground Utilities

Washington State law requires that the well site and any excavation be marked with white paint and located prior to the start of work. The Customer agrees to provide on-site markings or flagging indicating any and all material items located underground, including but not limited to water and irrigation lines, power lines, phone lines, storage tanks, and vaults. The Customer must mark all underground items with white paint and mark the well site with a stake labeled “well site.”

The Contractor will file the locate request. If the Contractor disturbs or damages any unmarked underground item, the Customer is responsible for all resulting damage, including the Contractor’s expenses incurred in removing tools and materials used in the drilling or trenching process.

Optional Items

Any optional items shown on an estimate are included only at the quantities listed.

Flowing Artesian Well Conditions

The Customer is authorizing work that may or may not include items designed for the control, redirection, or decommissioning of a flowing artesian well. Cost overages may occur when controlling or working with artesian conditions in wells. The Customer will pay any additional expense for the proper sealing and control of a flowing artesian formation. Any proposed work on a well with flowing artesian conditions, or any work not specifically included herein but required by law, is the responsibility of the Customer.

Payment

The Contractor may require a payment or deposit prior to the start of work, of no less than 50% of the estimated price, including any additional estimates provided after the contract is signed.

Final and complete payment for each estimate or phase of work is due upon completion of that estimate or phase. Late payments are subject to 18% interest per annum. In the event of suit to collect any sum due under this Agreement, the prevailing party will recover its attorney fees and all costs, including fees and costs incurred to collect upon any judgment or award.

The Contractor may request progress payments for drilling work in 100-foot intervals, or at times when a significant milestone or change has occurred in the progress of the work.

The Contractor remains the sole owner of testing and inspection results, documentation, as-builts, and similar materials until the Customer has made final and complete payment for all work performed on the site. All such information is considered non-confidential and non-proprietary unless otherwise agreed upon in writing.

Drilling and all underground work is deemed complete — and the sum payable upon demand — when a point of producing water has been reached, or when subsurface conditions are encountered that render further work impractical, whichever comes first.

Pump, water filtration, plumbing, and electrical work is deemed complete when the system first becomes operable by the Customer.

Change Orders & Additional Estimates

Because of the unknown status of subsurface terrain and conditions, there may be modifications or alterations to the size of equipment, the quantity or type of materials, labor, Contractor-owned equipment, or the processes and techniques used to complete the work. The Contractor will advise the Customer of any change in price or scope in advance, in the form of a change order (additional estimate), to be signed or verbally approved by the Customer. Any change order, whether written, signed, or oral, is considered an addendum to this Agreement. If the Customer does not approve the modification, the Contractor may cease further work.

Changes to the contract total may be made for the following reasons:

A change in the scope or description of the work.
Subsurface or unforeseen conditions that require normal work, tools, techniques, or materials to be changed, added, or altered.
Equipment previously installed or serviced by JKA has since been changed, altered, replaced, or repaired by the Customer or a third party.
A change in equipment dictated by the characteristics of the well, by applicable design or construction standards (WAC, RCW, National Electrical Code, etc.), or by the Customer’s own requirements.
A change in well depth, or in the available water quality or quantity.
Site access or ingress / egress is inadequate.

Termination by the Customer

The Customer may, in writing, terminate the Contractor’s service and work at the Customer’s convenience for any reason. Upon receipt of such notice, the Contractor will immediately discontinue work and preparations for work.

Upon termination, the Contractor is entitled to a cancellation fee equal to the total of all costs of labor, materials, and equipment incurred by the Contractor — including merchant processing fees, recording fees, restocking fees, postage, and similar expenses. The cancellation fee is restitution for the Contractor’s cost of work performed up to the date of the Customer’s written notice of termination, and it will include a markup of 20% for overhead and profit. The cancellation fee also includes a reasonable approximation of the financial impact on scheduling, office overhead, and loss of productive labor incurred by the Contractor.

In addition to the above, the following charges apply:

More than 30 days before scheduled start of work (or before a mutually agreed schedule has been determined): a charge of 10% of the total contract amount, or $500, whichever is greater.
Less than 30 days before scheduled start of work: a charge of 20% of the total contract amount, or $500, whichever is greater.
After work has started: a charge of 100% of the total contract amount becomes due and payable to the Contractor.

Permits

Unless otherwise provided for in this authorization, the acquisition of all appropriate permits is the responsibility of the Customer.

First Right to Cure Alleged Construction Defect

In the event of any alleged construction defect in the work performed by the Contractor under this Agreement, the Contractor has the first right to cure the alleged defect. The Customer must notify the Contractor in writing, setting forth the details of the alleged defect. The Contractor will then have a period of not less than 90 days from the Customer’s written notice, or such longer period as may be reasonably required, to cure the alleged defect. The parties agree that this process must be exhausted before any other legal or equitable remedy may be sought against the Contractor.

Waiver of Personal Safety

The Customer recognizes that the Contractor’s machinery and operations around the job site may be dangerous by their very nature, and that the Customer and all unrelated persons should maintain a safe distance of at least 100 feet from any of the Contractor’s machines, work, or activities taking place on the job site.

The Customer will defend, indemnify, and hold the Contractor and its employees and representatives harmless from all claims, demands, losses, and liabilities related to injury or property damage to the Customer, their representatives, or other unrelated parties that may result from being too close to the Contractor’s operations. It is the Customer’s responsibility to inform any representatives, other contractors, and site visitors of all applicable safety precautions, restrictions, and conditions.

Entire Agreement

This Agreement contains the entire understanding and promises of the parties. Its enforceability is not dependent on subsequent acts or omissions of the parties.

Nondisparagement

We don’t expect to have any disagreements with you. We are your contractor. Our goal is to provide you with goods and services that you want and expect, according to our contract with you. But disagreements can and do sometimes happen. If we have a disagreement of any sort, we don’t want either one of us trying to “put the hurt” on the other by resorting to the internet or social media as a forum for posting negative comments about the other. If we should have a disagreement, we should meet and resolve it as adults, as business people.

Each of us agrees not to disparage the other through the internet or social media.

If we post a negative review, we will immediately remove the post, waive any claim for further payment for our work, and pay you $5,000 in liquidated damages.
If you post or ask someone to post a disparaging comment on the internet or social media, you will immediately remove the post, waive your right to recover any costs (if any) for completing or correcting our work, and pay $5,000 in liquidated damages.

Both of us retain all other remedies available under the law in the event that the other posts a negative comment.

Standardized Terms & Opportunity to Negotiate

The terms of this Agreement are standardized terms for the Contractor’s business. The Customer has reviewed and understands the terms of this Agreement. The Customer may have questions or concerns regarding one or more of the terms, and the Contractor is open and amenable to addressing any such questions or concerns. The Contractor is further open and amenable, if requested by the Customer, to discussing, negotiating, or modifying one or more terms of this Agreement in ways that make the Agreement mutually acceptable to both parties.

By signing a JKA estimate, work order, or contract that incorporates these Terms & Conditions, the Customer acknowledges that they have been given the opportunity to question, modify, or negotiate the terms and provisions of this Agreement, and is satisfied that no term or provision in this Agreement has been unilaterally “imposed” on the Customer.

Questions?

If you have any questions about these Terms & Conditions, please contact us before signing an estimate or contract.

JKA Well Drilling & Pumps
PO Box 310, Monroe, WA 98272
Phone: 360-794-7300
Web: www.jkawelldrilling.com