Terms and Conditions

Buyer’s Responsibilities

Buyer shall supply water, gas, sewer, and electrical utilities unless otherwise agreed to in writing. Electricity and water to the site are necessary. Buyer shall provide Contractor and all necessary employees, subcontractors, equipment, and materials with access to the Property. Buyer represents and warrants that Buyer has sufficient funds to comply with this agreement. This is a cash transaction unless otherwise specified. Buyer is responsible for removing and/or protecting any personal property. Throughout the course of the services provided under this Agreement, Contractor is not responsible for any loss or damage to personal property, carpets, drapes, furniture, driveways, lawns, shrubs, etc. Buyer shall point out and warrant the property lines to Contractor, and shall hold Contractor harmless for any disputes or errors in the property line or setback locations.

Adjustment of Start Date

In the event that Buyer requires a change to the approximate start date for any reason, Buyer shall notify Contractor at least ten (10) business days prior to the original Approximate Start Date.

ln the event Buyer provides notice of change in Approximate Start Date less than ten (10) business days prior to the original Approximate Start Date, a surcharge of 10% will be assessed to the Contract Price. If postponement occurs within five (5) days or less, a surcharge of 20% will be applied to the Contract Price. Contractor is not responsible for delays due to work performed by third-parties. Such delays will result in a 20% surcharge to the Contract price.

Project Timeframe

The Approximate Start Date and Approximate Completion Dates establish a “Project Timeframe” in which the project is to be completed (e.g., 30 days). Delays in project commencement shall have the effect of delaying the approximate completion date commensurately, while maintaining the Project Timeframe. Although the Project Timeframe constitutes Contractor’s fair and reasonable approximation, Buyer agrees to allow for up to two-weeks grace period within the Project Timeframe. Thus, Buyer agrees that so long as work is completed within the Project Timeframe + two weeks, then such work was completed on time.

Delays

Contractor shall start and diligently pursue work to completion but shall not be responsible for delays due to: failure of the issuance of all necessary building permits within a reasonable amount of time, funding of loans, disbursement of funds into control or escrow, acts of neglect or omission of Buyer or Buyer’s employees or Buyer’s agent, acts of God, stormy or inclement weather, strikes, lockouts, boycotts or other labor union activities, extra work ordered by Buyer, acts of public enemy, riots or civil commotion, inability to secure material through regular recognized channels, imposition of Government priority or allocation of materials, failure of Buyer to make payments when due, or delays caused by inspection or changes ordered by the inspectors of authorized Governmental bodies, or for acts of independent Contractors, or other causes beyond Contractor’s reasonable control.

In the event of a delay, for any reason, during a phase of construction for which a progress payment is due under the Schedule of Progress Payments, and progress on that phase is at least 50% complete, Buyer agrees to pay Contractor 50% of the Progress Payment due for that phase. Buyer shall pay Contractor the remaining 50% of the Progress Payment for that phase promptly upon the completion of that phase.

Plans and Specifications

If plans and specifications are prepared for this job, they shall be attached to and become a part of the Agreement. Contractor will obtain all required building permits. Buyer shall pay all costs for permits, assessments, charges required by public bodies and utilities, architecture, engineering, financing, or repaying the cost of sewers, storm drains, water service, other utilities, water hook-up charges, and the like.

Measurements

Measurements, sizes, and shapes in plans and specifications are approximate and subject to field verification. Unless otherwise specified, all dimensions are exterior dimensions. 3D designs and renderings are approximations. Buyer agrees that actual results may vary from designs and renderings. In the event of a conflict between the plans, 3D renderings, blueprints, specifications, etc., and the Agreement, this Agreement shall prevail.

Subcontracts

Contractor may subcontract portions of this work to properly licensed and qualified subcontractors.

Access to Property

Buyer hereby grants express permission to Contractor, its’ employees, subcontractors, suppliers, and any other representative as may be required, to access the Property and complete its obligations under this contract, between 6AM to 10PM of every day of the week, from commencement until completion. Throughout the course of work, Contractor shall have the right to post a sign on Buyer’s yard with the name of Contractor’s business and contact information. Upon commencement of services, it is agreed that work shall be continuous. Buyer agrees that any day (or portion thereof) that Contractor is denied access to the premises will result in costs that are difficult to measure, and as such Buyer agrees to reimburse Contractor such costs at rate of 10% of the total value of the contract per day.

Contractor may, at its own discretion, take pictures or videos pertaining to the various stages of the job using cameras, recording devices, or other digital means (“Media”). Contractor shall be the sole owner of the Media. Buyer hereby grants Contractor irrevocable permission to take and use such Media as it so chooses, including but not limited to: (a) Present such Media to potential or new clients; (b) Use the Media in flyers, brochures, websites, newspapers, magazines, shows, events and all other printed, digital or broadcasted media; and (c) Use the Media for any other purpose. During the course of the project, and for thirty (30) days thereafter, Buyer grants Contractor permission to use Buyer’s address in local marketing materials (e.g. door hangers), to notify neighbors of the project on the Buyer’s property.

Preparation of Property

For projects including work related to closets or cabinets, Buyer shall completely empty the contents of the closets or cabinets in order to allow Contractor to perform work without delay. For projects in which Buyer has done painting before installation of cabinets, Buyer shall remove existing shelves, poles and cleats; and patch and paint at least 48 hours before installation to ensure that all surfaces are dry and ready, and will not stain or damage the new cabinets.

Old Parts

When contracted work includes removal and reconnection of existing sinks, faucets, dishwasher, garbage disposal, microwave, water line, or other parts or equipment (“Old Parts”): (1) the re-connection of Old Parts shall depend solely on their condition, and Buyer hereby acknowledges that such re-connection may not be feasible due to poor condition, breakage, damage or any other condition which may not allow Contractor to perform the job properly. (2) Under no circumstances shall Contractor be held responsible for breakage, damages, or any other claim or condition pertaining to Old Parts, regardless of whether the alleged breakage, damage, or claim occurred during the removal or re-connection process, or thereafter. (3) Buyer acknowledges that Contractor strongly recommends the purchase of new parts, in lieu of the Old Parts. Buyer agrees and understands that the condition and/or performance of new parts are subject to their respective manufacturer’s warranty.

Punch List

Towards completion of the work according to the Contract, Contractor’s representative(s) will tour the Property and list any damaged or incomplete components which are still required in order to finalize the work (“Punch List”). Buyer agrees and understands that any delays caused by Buyer in the completion of the work according to the Punch List, including failure to provide access to the Property, will impair Contractor’s ability to finalize the work. Buyer further agrees that any delays in the completion of the work according to the Punch List which are caused by Buyer, whether directly or indirectly, shall not delay the performance of Buyer’s obligations under this Agreement, including, but not limited to, Buyer’s obligation to make final payments of the remaining balance.

Completion and Occupancy

Buyer agrees to sign and record a notice of completion within five days after the project is complete and ready for occupancy. If the project passes final inspection by the public body but Buyer fails to record Notice of Completion, then Buyer hereby appoints Contractor as Buyer’s agent to sign and record a Notice of Completion on behalf of Buyer. This agency is irrevocable and is an agency coupled with an interest. In the event the Buyer occupies the project or any part thereof before the Contractor has received all payment due under this contract, such occupancy shall constitute full and unqualified acceptance of all the Contractor’s work by the Buyer and the Buyer agrees that such occupancy shall be a waiver of any and all claims against the Contractor.

Insurance and Deposits

Buyer will procure, at Buyer’s own expense, and before the commencement of any work hereunder, fire insurance with course of construction, vandalism and malicious mischief clauses attached. Such insurance shall be a sum at least equal to the contract price with loss, if any, payable to any beneficiary under any deed of trust covering the project. Such insurance shall name the Contractor and his subcontractors as additional insured and to protect Buyer, Contractor and his subcontractors and construction lender as their interests may appear. Should Buyer fail to do so, Contractor may procure such insurance as agent for and at the expense of Buyer, but is not required to do so. If the project is destroyed or damaged by disaster, accident or calamity, such as fire, storm, earthquake, flood, landslide, or by theft or vandalism, any work done by the Contractor rebuilding or restoring the project shall be paid by the Buyer as extra work. Contractor shall carry Worker’s Compensation Insurance for the protection of contractor’s employees during the progress of the work. Buyer shall obtain and pay for insurance against injury to his own employees and persons under Buyer’s discretion and persons on the Job site at Buyer’s invitation.

Right to Stop Work

Contractor may stop work if Buyer fails to make a payment, when due, to Contractor under this agreement. Contractor may keep the job idle until all payments due are received. Such failure to make payment, when due, constitutes a material breach of this Agreement.

Interest and Fees

Overdue payments will bear interest at the rate of 1.5% per month (18% per annum). A $25.00 fee will be charged for returned checks.

Clean Up

Contractor shall remove from the Property, debris and surplus material created by services performed under this agreement, and leave it in a neat and broom-clean condition.

Asbestos, Lead, Mold, And Other Hazardous Materials

Contractor requires that Buyer conducts lead and asbestos testing on any portion where work is to be done under this agreement, for any property built prior to 1980. Buyer agrees to conduct these tests at Buyer’s expense, and to furnish to Contractor the results of such testing prior to commencement of work. Contractor shall approve of the test results, based on factors such as recency, testing method, testing company, etc. Contractor’s approval shall not be reasonably withheld. Buyer hereby represents that Buyer has no knowledge of the existence on the Property, or in any portion thereof, of any asbestos, lead paint, mold (including all types of microbial matter or microbiological contamination, mildew or fungus), or other hazardous materials. Testing for the existence of mold and other hazardous materials shall only be performed as expressly stated in writing. Contractor shall not be testing or performing any work whatsoever in an area that is not identified in the Scope of Work. Unless the contract specifically calls for the removal, disturbance, or transportation of asbestos, polychlorinated biphenyl (PCB), mold, lead paint, or other hazardous substances or materials, the parties acknowledge that such work requires special procedures, precautions, and/or licenses. Therefore, unless the contract specifically calls for same, if Contractor encounters such substances, Contractor shall immediately stop work and allow the Buyer to obtain a duly qualified asbestos and/or hazardous material contractor to perform the work or Contractor may perform the work itself at Contractor’s option. Said work will be treated as an extra under this Agreement, and the contract term setting forth the time for approximate completion of the project may be delayed. In the event that mold or microbial contamination is removed by Contractor, Buyer understands and agrees that due to the unpredictable characteristics of mold and microbial contamination, Contractor shall not be responsible for any recurring incidents of mold or microbial contamination appearing in the same or any adjacent location, subsequent to the completion of the work performed by Contractor. Buyer agrees to hold Contractor harmless, and shall indemnify Contractor harmless for any recurrence of mold or microbial contamination. Buyer also agrees that Contractor shall not be responsible, and agrees to hold Contractor harmless and indemnify Contractor for the existence of mold or microbial contamination in any area that Contractor was not contracted to test and/or remediate. Further, Buyer is hereby informed, and hereby acknowledges, that most insurers expressly disclaim coverage for any actual or alleged damages arising from mold or microbial contamination. Contractor makes no representations whatsoever as to coverage for mold contamination, though at Buyer’s additional expense, if requested in writing, contractor will inquire as to the availability of additional coverage for such contamination or remediation, and if available, will obtain such coverage if the additional premium is paid for by Buyer as an extra.

Standards of Materials and Workmanship

Contractor shall use and install “standard grade” or “builder’s grade” materials on the project unless otherwise stated in writing. Unless expressly stated in the project description, Contractor shall have no liability or responsibility to restore or repair the whole or any part of the existing premises affected by the work of Contractor to be performed herein or by any subsequently agreed-upon change order, including as an illustration and not as a limitation, any landscaping, sprinkler system, flooring and carpet, wall coverings, paint, tile, or decorator items.

Contractor’s liability for defective materials or installation is hereby limited to the replacement or correction of said defective materials and/or installation, and no other claims, or demands whatsoever shall be made upon or allowed against the Contractor for defective materials or installation.

Contractor is not responsible for color changes due to variation in wood type or grain and cannot guaranty that actual colors will exactly match the colors of the samples originally shown and/or selected by Buyer. Buyer acknowledges that natural materials (i.e. wood, granite, etc.) are subject to changes and/or variations in color, look, feel, texture etc., and other natural occurrences (such as look, feel, color, natural cracking or gaps etc.). Contractor is not responsible for any of these occurrences.

Conduct

Buyer agrees to treat Contractor’s employees, subcontractors, agents, etc. (“Personnel”) appropriately, and to refrain from harassment, humiliation, intimidation, or addressing them in a derogatory, offensive or insulting manner. Creation of a hostile work environment shall constitute a material breach of this Agreement.

Limitations

No action of any character arising from or related to this Agreement or the performance thereof, shall be commenced by either party against the other more than two years after completion or cessation of work under this Agreement.

Release of Security for Portions of Work for Which Payment Has Been Made

Upon satisfactory payment being made for any portion of the work performed, Contractor, prior to any further payment being made, shall furnish to Buyer a full and unconditional release from any potential lien, claimant claim, or mechanics lien authorized pursuant to Sections 8400 and 8404 of the Civil Code for that portion of the work for which payment has been made.

Note About Extra Work and Change Orders

Extra Work and Change Orders become part of the contract once the order is prepared in writing and signed by the parties prior to the commencement of work covered by the new change order. The order must describe the scope of the extra work or change, the cost to be added or subtracted from the contract, and the effect the order will have on the schedule of progress payments. A change-order form for changes or extra work shall be incorporated into this contract and shall become part of this contract only if it is in writing and signed by the parties prior to the commencement of any work covered by a change order. Buyer may not require Contractor to perform extra or change-order work without providing written authorization prior to the commencement of work covered by the new change order. Extra work or a change order is not enforceable against Buyer unless the change order also identifies all of the following in writing prior to the commencement of work covered by the new change order: (i) The scope of work encompassed by the order; (ii) the amount to be added or subtracted from the contract; and (iii) the effect the order will make in the progress payments or the completion date. Contractor’s failure to comply with the requirements of this paragraph does not preclude the recovery of compensation for work performed based upon legal or equitable remedies designed to prevent unjust enrichment.

If the parties are not in agreement as to the change in contract price, the Contractor’s actual cost of all labor, equipment subcontracts, and materials, plus a Contractor’s fee of 20% shall be the change in Contract Price.

Side Job/Side Payments

Buyer hereby agrees not to solicit services for repairs, construction, improvement, remodeling, or any other similar work, with any of the personnel sent by Contractor to perform the Contract work under this Agreement (“Side Work”). Any change to the existing work, or additional work must be communicated directly to Contractor. No payment shall be furnished by you or anyone affiliated with you to any one of Contractor’s personnel, whether employees, contractors, agents, sub-contractors etc., who are sent to perform the job on your premises (“Side Payment”). You hereby agree not to offer, solicit, or request any job or payment to/from such personnel, whether directly or indirectly. Buyer agrees that any breach under this section shall be considered contractual bad faith, and a material breach of this Agreement, and shall entitle Contractor to actual, consequential, and punitive damages in an amount that is uncertain due to unforeseeable costs, losses, and consequences, and as such shall be valued in the amount of $25,000, which shall be paid in addition to all other damages and/or remedies resulting from a breach of this Contract.

Existing Defects

Contractor Is not responsible for existing structural defects, defective soil conditions, or existing code violations. Despite the exercise of reasonable care during construction, such conditions may be discovered, the repair of which are outside the scope of this Agreement. The cost to repair such defective conditions will be added as an extra charge to this Agreement by way of a change order or continuation/addendum.

MECHANICS LIEN WARNING:

Anyone who helps improve your property, but who is not paid, may record what is called a mechanics lien on your property. A mechanics lien is a claim, like a mortgage or home equity loan, made against your property and recorded with the county recorder.