HOME IMPROVEMENT TERMS & CONDITIONS
1. THE DATE OF AGREEMENT
This agreement (the "Agreement") is made between Client (Customer Name) and Contractor Leach & Brown Construction, LLC this (Date accepted) day of .
2. PROJECT DESCRIPTION/LOCATION.
Client hereby engages Contractor to supply labor and/or materials as follows: (See attached Estimate/Scope of Work)
(the "Work") at the property located at: (the "Project Site").
3. CONTRACT PRICE
Client agrees to pay Contractor the total price of (Total of Estimate, plus any changes) Dollars ($)
subject to modification for Changes (as defined in Section 4), for the labor and material furnished pursuant to this Agreement as follows:
A Down payment of $ $500.00 shall be made upon the signing of this Agreement.
Start Date is tentatively scheduled for (We will contact you with tentative date as soon as accepted) .
Progress payments shall be made as follows:
$ (Usually 50% of contract price less $500 deposit) One week before work starts to order materials.
$ (Usually 40% of contract price plus any changes made after 1st payment) Upon completion of 50% of work
$ (Usually 10% of contract price plus any changes made after 2nd payment) Upon substantial completion of job
The Final payment shall be due at the Substantial Completion of the work (as defined in Section 3(a) of the Home Improvement Agreement Standard Terms and Conditions).
4. CHANGES
No changes, additions, alterations, deviations or extras to the Work shall be made without a written Change Order signed by the Client and Contractor, specifying the change to any labor and materials by the Contractor, the amount to be paid by Client and the change, if any, in the time of performance, including changes necessary to conform to codes, laws or regulations required by any utility or government authority, or to address existing conditions of the Project Site unknown to the Contractor at the time Contractor signs this Agreement. All Change Orders shall be incorporated as part of this Agreement. Client understands and agrees that changes may extend the time of performance. Change Orders that are completed without a predetermined price quote for materials will be charged at cost plus 5 %. The labor rate(s) for such changes will be stated in writing in the Change Order.
5. AUTHORITY TO CONTRACT FOR THE WORK
The Client shall represent to the Contractor that he/she has the legal ability to authorize the Work done at the Project Site.
6. DEFAULT PRIOR TO START OF CONSTRUCTION
In the event Client fails to fulfill Client's obligations under this Agreement, Contractor will be entitled to receive payment for any time and material costs incurred by Contractor in addition to the Contractor's markup of 25 % for Contractor's time and material costs incurred up to the time of default. If Contractor is collecting monies for time and material costs, the Contractor must provide documentation to verify the charges.
7. PROJECT TIME
Contractor shall commence work within 30 working days of the tentative start date after all the following occur: (i) this Agreement is signed by Client and Contractor; (ii) the down payment is received by Contractor from Client; (iii) the site is ready and available for the Contractor to commence the Work; and (iv) all required state and local building and construction permits and approvals are issued. Substantial Completion shall occur on or before 60 working days thereafter, subject to the terms of this Agreement (the "Project Time").
8. LIEN NOTICE
AS REQUIRED BY THE INDIANA CONSTRUCTION LIEN LAW, CONTRACTOR HEREBY NOTIFIES CLIENT THAT PERSONS OR COMPANIES PERFORMING, FURNISHING, OR PROCURING LABOR, SERVICES, MATERIALS, PLANS, OR SPECIFICATIONS FOR THE CONSTRUCTION ON CLIENT'S LAND MAY HAVE LIEN RIGHTS ON CLIENT'S LAND AND BUILDINGS IF NOT PAID. THOSE ENTITLED TO LIEN RIGHTS, IN ADDITION TO THE UNDERSIGNED CONTRACTOR, ARE THOSE WHO CONTRACT DIRECTLY WITH THE CLIENT OR THOSE WHO GIVE THE CLIENT NOTICE WITHIN SIXTY (60) DAYS AFTER THEY FIRST PERFORM, FURNISH, OR PROCURE LABOR, SERVICES, MATERIALS, PLANS OR SPECIFICATIONS FOR THE CONSTRUCTION. ACCORDINGLY, CLIENT PROBABLY WILL RECEIVE NOTICES FROM THOSE WHO PERFORM, FURNISH, OR PROCURE LABOR, SERVICES, MATERIALS, PLANS, OR SPECIFICATIONS FOR THE CONSTRUCTION, AND SHOULD GIVE A COPY OF EACH NOTICE RECEIVED TO THE MORTGAGE LENDER, IF ANY. CONTRACTOR AGREES TO COOPERATE WITH THE CLIENT AND THE CLIENT'S LENDER, IF ANY, TO SEE THAT ALL POTENTIAL LIEN CLAIMANTS ARE DULY PAID.
9. SIGNATURES
The signature of either Client (if more than one) subsequent to the signing of this Agreement shall be sufficient for all purposes under the Agreement, including Change Orders, if any.
10. ENFORCEABILITY
If any part of this Agreement is found to be unenforceable, it shall not affect the enforceability of the remainder of this Agreement. The failure of either party to enforce any term or condition of this Agreement shall not constitute a waiver of any other breach of any right, claim, term, or condition of this Agreement.
11. ENTIRE AGREEMENT
This Agreement, along with the Home Improvement Agreement Standard Terms and Conditions, constitutes the entire contract of the parties. It is expressly agreed that no statement, arrangement, warranty, or understanding, oral or written, express or implied, will be recognized unless it is stated in, or otherwise permitted by, this Agreement. Client warrants that the person executing this Agreement and any subsequent change orders, has legal authority to do so, including obligating the Client to a marital purpose debt, if married. Client acknowledges review and approval of the entire Agreement before execution. This Agreement is not assignable by either party without the other's consent.
12. ACCEPTANCE
NOTICE OF RIGHT OF CANCELLATION: THIS AGREEMENT MAY BE CANCELLED UNILATERALLY BY THE CLIENT BY NOTIFYING THE CONTRACTOR IN WRITING WITHIN THREE (3) CALENDAR DAYS AFTER SIGNING THIS AGREEMENT. IN THE EVENT OF CANCELLATION OF THIS AGREEMENT BY THE CLIENT THEREAFTER, CONTRACTOR SHALL RECEIVE 1MMEDIATE REIMBURSEMENT FROM THE CLIENT FOR ALL COSTS AND EXPENSES INCURRED TO THAT DATE, PLUS A MARK-UP OF 25% & DEPOSIT.
We have read this Agreement carefully before signing and hereby acknowledge receipt of a copy hereof. Client, by signing below, accepts and agrees to the terms and conditions of this Agreement and acknowledges receipt of the Home Improvement Agreement Standard Terms & Conditions.
Leach & Brown Construction, LLC _____By accepting the digital estimate you are agreeing to this entire agreement_____
CONTRACTOR: CLIENT/CLIENT SIGNER
By: Ryan Leach & Stephen Brown ADDRESS:
TITLE: Owners TEL:
ADDRESS: 6583 W St Rd 56, Suite B, Hanover, IN 47243
HOME IMPROVEMENT AGREEMENT STANDARD TERMS & CONDITIONS
1. PAYMENT
The Client shall make or authorize payment to the Contractor within 2 days after the date of invoice. Time is of the essence as to all terms of payment. If payment is not received in a timely manner, Contractor shall be entitled to stop work and/or extend the Project Time (as defined in Section 7 of the Home Improvement Agreement), which shall be treated as a Work Stoppage to which Section 9 applies. Client agrees that, in addition to other remedies available to Contractor, if payment is not timely made Contractor shall be entitled to a service charge of 1.5% per month on all past due amounts, plus all costs of collection including reasonable attorneys' fees. Contractor shall furnish lien waivers to Client in exchange for payment made to Contractor for the proportionate value of all labor and materials for which the payment is made. Final Payment shall constitute a waiver of all claims by Client except those arising from liens or the warranty included in these Standard Terms & Conditions.
2. INSURANCE
Client shall maintain Homeowners insurance covering physical loss to the structure and building materials on the Project Site. Client assumes all risk of loss and is responsible for payment of loss, including the deductible for such loss during the Work, excluding intentional or reckless acts by the Contractor.
3. PROJECT TIME & DELAYS
A. Substantial Completion
Construction of the Project Site shall be deemed to have reached "Substantial Completion" on the earlier of (i) the date when the Work is sufficiently complete in accordance with the Agreement, as defined in Section 1 of the Home Improvement Agreement, and related documents so that the Client can occupy or utilize the Project Site for its intended purpose, or (ii) the date the required approval, if any, is issued by the appropriate government authority. Substantial Completion is dependent upon Client making timely selection of materials. Failure to make selections in a timely manner may result in a delay, as defined in Section 3(b) below, and an extension of the deadline for achieving Substantial Completion.
B. Project Delay
The Project Time shall be extended for reasons including, without limitation, changes that cause delay and delays requested or caused by the Client, acts or omissions of government or military authority, acts of God, material shortages, transportation delays, fires, floods, labor disturbances, riots, wars, terrorist acts, or any other causes beyond the reasonable control of the Contractor, so long as the Contractor uses its best efforts to remedy such failure or delays (a "Project Delay"). In the event of a Project Delay, the date for performance of the services will be extended by the time necessitated by the delay. Client is cautioned that the failure of Client to make selections in a timely manner may extend the Project Time and may be treated as a Project Delay.
C. Cost Increases as A Result of Project Delay
If the Contractor experiences an increase in cost because of a Project Delay, the increased costs, together with mark-up of 10%, shall be paid by the Client. Contractor shall notify Client of such increase at the time the increase occurs. Contractor shall furnish the Client with documentation to verify such increased costs.
4. WEATHER CONDITIONS
Client agrees to pay Contractor all additional charges for additional labor and materials which may be required due to weather conditions. Weather conditions resulting in an increased cost or Project Delay may result in the Contractor providing a Change Order or Notice of Delay, if applicable, to Client, pursuant to Section 3.
5. SUPERVISION OF WORK
Client agrees that the direction and supervision of the working forces rest exclusively with the Contractor, and Client agrees not to issue any instructions to, or otherwise interfere with the same. The Client shall adhere to all safety requirements posted at the Project Site and take all necessary precautions to ensure the Client's safety and any other individual in the proximity of the Work. Contractor shall not be responsible for any injury to Client or any guests of the Client while at the Project Site. CAUTION: A PROJECT SITE CAN BE A DANGEROUS PLACE. The Client further agrees not to negotiate for additional services with workforce except with the Contractor's prior written consent and in such manner as will not interfere with the Contractor's completion of the Work under this Agreement. Client agrees to maintain access for Contractor at the Project Site, to keep the Project Site free from obstructions and conflicting work, and to obtain written permission for Contractor to gain access through adjacent property, if required by Contractor to do so. Client shall be solely responsible for all risk, shall hold the Contractor harmless and free of liability, and shall compensate for any damage or costs arising out of such access or the failure to maintain access, excluding intentional or reckless conduct attributable to Contractor.
6. PROTECTION OF PERSONAL PROPERTY AND PROJECT SITE
Client agrees to remove and protect any personal property inside and outside the Project Site prior to the start of the Work and shall be responsible to return the items after Substantial Completion. Contractor shall take reasonable efforts to avoid damage to existing property and in such event shall not be responsible for damage to Client's property whether caused in whole or in part by the Contractor, its employees or subcontractors, or their suppliers in the performance of Work or in the delivery of materials at the Project Site, excluding intentional or reckless conduct attributable to Contractor.
7. CLIENT'S WORK
Unless stated to the contrary, the Client shall be responsible for all landscaping and other site conditions at the Project Site, including finish grading, drainage, soil slippage or sinking, repair of equipment access routes and the construction area, or any other site conditions that may exist. If material or labor furnished or installed by Client or third parties contracted by Client cause loss of time or additional work for Contractor, then the Client shall pay to the Contractor the costs resulting from any additional work or lost time. Contractor is not responsible for failures or defects that result from work by Client or Client's employees, whether occurring before or after commencement or completion of work under the Agreement. The Client further agrees not to negotiate for additional services with workforce except with the Contractor's prior written consent and in such manner as will not interfere with the Contractor's completion of the Work under this Agreement. Client is responsible for determining that any party other than Contractor and its employees, subcontractors and material suppliers who performs work and/or supplies material carries appropriate insurance.
8. FACILITIES & UTILITIES
Client shall provide electric power & water for use by the Contractor and its employees, subcontractors, and material suppliers. Storage of materials and storage of Contractor's equipment shall also be provided by Client at the Project Site, as defined in Section 2 of the Home Improvement Agreement. All utility connections and service charges, if any, shall be paid by the Client.
9. WORK STOPPAGE
Should the Work be stopped by any court or public authority, by the Client's instructions, or by Client's failure to fulfill any obligation under this Agreement, the Contractor shall then have the right to stop Work (a "Work Stoppage"). The parties shall make a good faith effort to resolve any and all causes of a Work Stoppage. Contractor is entitled to collect payment for the value of all Work completed and materials ordered as of the date Work is stopped, plus Contractor's profit to date of Work Stoppage. Client's unreasonable failure to sign Change Orders or Client's failure to make payment, or any other cause beyond Contractor's sole control, shall also be cause for Work Stoppage by Contractor. A Work Stoppage shall not extend the time of any warranties that were given to the Client under this Agreement.
10. TERMINATION
Should a Work Stoppage remain unresolved, the Contractor shall have the right to terminate the Agreement. If Contractor elects to terminate, the Contractor must notify the Client in writing via certified mail, return receipt requested. If the Contractor terminates the Agreement, the Contractor need perform no further Work. If the construction on the Project Site has, at the point of termination, reached the stage of Substantial Completion, the Client shall immediately pay to Contractor the entire contract price, including Change Orders, less amounts previously paid. In the event that termination of the Agreement occurs prior to Substantial Completion, the Client shall immediately submit payment to Contractor for all Work performed to date and materials ordered or delivered, together with a markup of the amount equal to that indicated in the signed Agreement. If Contractor is collecting monies for time and material costs, the Contractor must provide documentation to justify the charges. The termination of the Agreement may void warranties given to the Client under the Agreement or in any other contract or document.
11. CONSTRUCTION MATERIALS
Client agrees that Contractor may substitute general material sizes, grades, weights, or other distinguishing characteristics or features that will perform to industry standards, except for brand name or model items that are specifically identified. Where new materials are to be matched to existing construction, Contractor shall make reasonable efforts to do so using standard materials from local suppliers but does not guarantee a perfect match. Client understands and agrees that exact duplication of colors, textures and finishes may not be achieved. Client further understands and agrees that because of the natural characteristics of building materials, perfect surface finishes cannot be achieved; wood shrinks, swells, and cracks; plaster, drywall, masonry, asphalt and concrete crack, peel and pit; and condensation normally occurs on material surfaces exposed to moist air. Excess materials delivered to the Project Site and/or materials not physically attached to the structure after Substantial Completion of the Work contemplated by this Agreement shall remain the property of the Contractor. Client-Supplied-Materials: Although reasonable care shall be utilized, the performance, condition, or damage of Client-supplied-materials or fixtures before, during or after construction shall be the sole responsibility of the Client, excluding intentional or reckless conduct attributable to Contractor.
12. WARRANTY
As the exclusive warranty under the Agreement, and conditioned upon Contractor's receipt of Final Payment, Contractor's Work shall be warranted under the following provisions:
The Work completed under the Agreement shall be warranted by Contractor to be free from defects for a period of one year from the date of installation of equipment and from the date of Substantial Completion for all other Work and materials. This warranty shall extend to the Client alone and automatically terminates upon Client selling or vacating the Project Site. Contractor specifically excludes from warranty coverage and accepts no responsibility for: (i) defects in appliances, equipment, and materials covered by manufacturers' warranties; (ii) damage from ordinary wear and tear, or Client's lack of proper maintenance; (iii) items not installed by Contractor or its subcontractors or provided by their material suppliers; (iv) damages caused by weather conditions; and (v) conditions resulting from expansion or contraction of materials. Contractor shall have no obligation to perform additional work unless and until Final Payment in full is received by Contractor pursuant to the terms of this Agreement. There are no other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose or habitability. Contractor is not liable for incidental or consequential damages of any sort. The Client's sole remedy against Contractor for the Work performed under the Agreement and any damages arising out of it shall be limited to the warranty set forth above. Contractor does not warrant work performed by the Client or Client's subcontractor. Work performed by the Client or Client's subcontractor which causes damage to any Work performed by Contractor may void the Contractor's warranty.
13. DISPUTES AND RESOLUTIONS
The following provisions apply to any dispute between the parties arising out of or relating to this Agreement, including, but not limited to: the meaning of this Agreement; the enforceability of this Agreement; the rights or obligations of any party under this Agreement; claims against any officers, owners, shareholders, directors, employees, successors, members, or agents of Contractor; the performance of any aspect of this Agreement or the construction work, or any disagreements regarding charges for changes; and any other dispute arising from this Agreement.
14. AIR QUALITY
Microorganisms, including, but not limited to, mold, mildew, spores, or any other form of fungi, bacteria, and toxins secreted by them, occur naturally in the environment. They may be present during or after construction in the air and on surfaces including wall cavities, attic, windows, basement, exterior, or any other part of the Home. Concentrations of moisture can result from cooking, showering, washing or similar water-related activities inside the Home, from the atmosphere outside the Home, and from the design, construction means and methods, and materials used in the construction of the Home, including achieving energy efficiency by construction methods that reduce air infiltration and circulation. This moisture may cause the growth, release, discharge or dispersal of Microorganisms, which, at certain levels, can cause deterioration of home materials, damage to property, health hazards, personal injuries or other irritant effects, such as skin irritation, respiratory problems and allergic reactions. Likewise, concentrations of radon released from soil and chemicals released from household furnishings, appliances, mechanical equipment, personal possessions, and other home materials may, at certain levels, cause the same or similar effects. Microorganisms, radon, and chemicals occur naturally in the environment, and as a result, Contractor cannot eliminate the possibility that they may be present or may grow in, on, or about the Home. Owner may minimize these adverse effects by proper operation and maintenance of heating, ventilation, air conditioning and dehumidification equipment, interior maintenance and cleaning, and exterior maintenance such as, but not limited to, proper grading, landscaping, painting, and caulking. The Client acknowledges that the prevention of such effects may require special plans, specifications, ventilation, and construction techniques. If any work is done to prevent such effects, Client may be required to follow specific building operation and maintenance protocols, all of which may add significant costs that are not included the Contract Price. Upon Substantial Completion, the Client assumes sole responsibility to operate and maintain the Home and its systems, and to comply with all operation and maintenance instructions furnished by Contractor to Client.
As a result of these factors, Client acknowledges and agrees Contractor is not responsible for the presence, growth, release, discharge or dispersal of the Microorganisms, radon and chemicals at the Project Site and Home. NOTWITHSTANDING ANYTHING TO THE CONTRARY ELSEWHERE IN THIS CONTRACT, CLIENT RELEASES ALL CLAIMS AGAINST THE CONTRACTOR, ITS SUBCONTRACTORS, SUPPLIERS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (RELEASED PARTIES), FOR BODILY INJURY, PROPERTY DAMAGE AND/OR LOSS OF USE ARISING FROM OR ATTRIBUTABLE TO THE PRESENCE, GROWTH, RELEASE, DISCHARGE OR DISPERSAL OF MICROORGANISMS, RADON AND CHEMICALS AT THE PROJECT SITE AND HOME, WHETHER RESULTING FROM CLIENT’S IMPROPER OR INADEQUATE OPERATION AND MAINTENANCE OF THE EQUIPMENT SYSTEMS OR OTHERWISE, EXCEPTING CLAIMS ARISING FROM WILLFUL OR INTENTIONAL MISCONDUCT OF A RELEASED PARTY.
15. ENVIRONMENTAL HAZARDS
Contractor is not responsible for any environmental hazards, excluding intentional or reckless conduct attributable to Contractor. The Client shall be solely responsible for all risk, shall indemnify and hold Contractor harmless and free of liability, and shall bear the costs of any removal or correction of environmental hazards.