TERMS AND CONDITIONS OF CONTRACT
By execution of this Contract you acknowledge that you have read and understand the following terms and conditions:
- All payments that become due under the terms of this Contract shall be paid within three (3) days of the date of the invoice is submitted by Contractor. Interest of 1.5% per month will be charged on any invoice that is not timely paid. Contractor shall have the right to suspend performance of the work should Owner fail to make timely payment on any invoice submitted by Contractor. Should any invoices remain past due by more than seven (7) days, Contractor shall have the right to stop work and terminate this Contract. Should Owner dispute any portion of an invoice submitted by Contractor, Owner shall provide Contractor with written notice of the basis for the dispute within two (2) days of Owner’s receipt of the invoice in question and timely pay the undisputed amount of the invoice. Owner’s failure to give Contractor written notice of the dispute within the timeframe stated herein shall waive Owner’s right to withhold any amounts due under that invoice.
- Performance of the Work. Contractor’s work shall conform to the applicable building code in effect at the time the permit for the work is issued. Working hours shall be Monday through Friday, 8am through 5pm. Work on Saturdays, Sundays, or Federal holidays will not take place absent the consent of Owner. Owner shall be responsible for the payment of all permits fees and costs, as well as the cost of any architectural or engineering drawings that may be needed. Owner shall keep the property free and clear of all personal property or moveable objects so as to not obstruct Contractor’s access to the property or the performance of the work. Owner shall provide sufficient access to the property for the placement and use of equipment or dumpsters Contractor may need in the performance of the work.
- Change Orders. The scope of work required under this contract may be increased at the request of Owner or by Concealed or Unforeseen Conditions (hereinafter referred to as a “Change Event”). Upon the occurrence of a Change Event, Contractor shall prepare a Change Order detailing the scope and cost of the work and any additional time needed to complete project as a result of said Change Event. Work performed pursuant to a Change Order will be billed to Owner at cost, plus a fee of twenty percent (20%) for overhead and profit.
- Concealed or Unforeseen Conditions. Contractor shall not be responsible for damage to, or extra costs occasioned by, concealed or unforeseen conditions encountered during the course of the work. Concealed or unforeseen conditions include, but are not limited to, termites, asbestos, A/C lines or other MEP components not observable from the exterior of the property, and defects or deficiencies with the existing structure. Contractor will notify Owner if Contractor encounters a concealed or unforeseen condition. It is Owner’s obligation to remedy, at Owner’s own expense, the concealed or unforeseen condition. If a concealed or unforeseen condition interferes with Contractor’s ability to perform the work, and Owner fails to timely remedy the same, Contractor may suspend performance of the work until such time as Owner has remedied the condition. Owner shall reimburse Contractor for costs and expenses associated with demobilization and/or remobilization.
- Contractor will procure a roof material warranty from the product manufacture, to the extent one is offered, that will run in favor of Owner. The length of the roof material warranty will be depend on the material selected for installation by Owner. Contractor shall provide a labor only warranty against any defects or deficiencies with the installation of the work for a period of ________ years from the completion of the work. Contractor’s obligation to procure a roof material warranty or provide a labor warranty shall be expressly conditioned upon Contractor’s receipt of all payments due under the terms of this contract. Owner shall be responsible for the performance of routine maintenance during the entire duration of the warranty period.
- Warranty Claim Procedure. Should Owner discovery any defect or deficiency with the work during the warranty period, Owner shall notify Contractor in writing, sent via certified mail, within five (5) days of Owner’s discovery of the same. The notice shall describe in detail the nature of the alleged defect or deficiency. Contractor shall have the right to inspect the nature of the defect or deficiency and Owner shall make the property available for inspection. Within thirty (30) days of Contractor’s inspection of the work, Contractor will provide Owner with written notice of Contractor’s determination of whether the claim is covered and Contractor’s plan of action to remedy the defect or deficiency, to the extent applicable. Contractor shall have the absolute right to correct any defect or deficiency with the work, at Contractor’s own expense. Owner’s refusal to permit Contractor to effectuate any repair required pursuant to Contractor’s warranty obligation shall be deemed a material breach of this contract. Contractor’s failure to respond in writing within thirty (30) days shall be deemed a rejection of Owner’s claim and Owner shall be free to proceed with any work it deems necessary. Owner’s compliance with the provisions of this paragraph are a express condition precedent to Owner’s right to bring a cause of action against Contractor arising out of or relating to this contract.
- Warranty Limitations. The warranty provided under this contract shall not include: (a) damage to the work caused by the failure of other components of the building or residence that were not installed by Contractor; or (b) damage to the work caused by Acts of God, which include but are not limited to, fires, hail, tornados, or hurricanes, to the extent said damage was not the result of defective or deficient work. All warranties provided under this contract shall be deemed void and unenforceable if Owner: (a) fails to comply with the Warranty Claim Procedure stated above; (b) makes any repairs or modifications to the work performed by Contractor without Contractor’s express written consent; or (c) fails to comply with any obligation under this contract.
- Dispute Resolution. Should any dispute arise between the parties during the performance of the work, or after completion of the work, the parties shall attempt in good faith to resolve the dispute through confidential settlement negotiations. All statements or remarks made during the negotiations shall remain confidential and shall not be used by or against either party in any lawsuit. In any action arising out of or relating to this contract, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs. The parties to this contract acknowledge and agree to waive and release the other from and against any claims for consequential damages arising out of or relating to the performance of this contract.
- Contractor’s Responsibilities. In addition to all other obligations required by the terms of this Contract, Contractor shall be responsible for the cost to repair or replace any damage to property cause solely by Contractor’s negligence. Notwithstanding the foregoing, Owner acknowledges that Contractor shall be permitted to use driveways and paved areas leading to, or adjacent to the property for its equipment and staging. Owner shall hold Contractor harmless from any claims associated with damage to driveway finishes (including pavers) caused by equipment or staging except those claims resulting from Contractor’s gross negligence.