In North Carolina, Road Maintenance Agreements are not required, but are strongly recommended. For example, lending companies such as mortgage companies or banks usually require private Road Maintenance Agreements from individuals that share a private road with others.
A maintenance agreement outlines the steps one party will undertake to insure the upkeep, repair, serviceability of another party's property. Maintenance contracts are commonly used by companies that take care of vehicle fleets, industrial equipment, office and apartment buildings, computer networks, etc.
Road maintenance takes many forms, from simple pothole repair, which can be done in less than an hour, to re-applying highway surfacing for an entire motorway. Whatever the job, the overarching aim of this work is to keep road users safe, manage traffic and maintain upkeep.
Definition. A maintenance agreement (contract), sometimes called a service agreement (contract), is an agreement which requires specific performance of repairing, cleaning, altering, or improving tangible personal property on a regular or irregular basis to ensure the product's continued satisfactory operation.
How to Write a Maintenance Contract Draw up a section for official definitions at the beginning of the contract. Lay out the maintenance services to be performed early in the contract. Discuss the compensation structure agreed upon for services. Draft a section discussing any warranties or promises made by either party.
A private road maintenance agreement generally sets out that the maintenance of the road is the mutual responsibility of certain owners. This is usually all of the owners along the road, but the responsibilities can be delegated to one majority owner, or by percentage of ownership or use.
A private road is a road over which a limited number of people have the right to pass. In contrast, public roads are roads over which the entire travelling public have the right to pass. Private roads often are created with a written easement, but they also can be created without a written easement.
If there are multiple owners to a private road, a Road Maintenance Agreement is most likely needed to stipulate how the private road is going to be maintained. In North Carolina, Road Maintenance Agreements are not required, but are strongly recommended.
The NCDOT is responsible for all routine maintenance on paved State Highway System streets within the municipality and the maintenance of the curb and gutter section if one is in existence.