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<br />TERMS AND CONDITIONS
<br />
<br />1. Contractor shdll PdY dll vdlld bills and dldrye fur nl~lcnal and IdbOf' dn,..
<br />ing out of the construction of th.. structure drllJ will hold Owner o( the
<br />property free and hannle,.s dgainst all liens and claims of lien (or Idbor dnd
<br />material filed against the proper'y.
<br />
<br />2. No payment under this contract shdll be construed as ar1 acceptance of
<br />any work done l4> to the time o( such pdyment, except as to such items as are
<br />plainly evident to anyone not experienced in construction work, but the
<br />entire work is to be slbject to the inspection and approllal of the inspector
<br />for the Public Authority at the time when it shdll be claimed by the
<br />Contractor that the work has bet!n completed. At the completion of the
<br />work, acceptance by the Plblic Authority shall entitle Contractor to
<br />receille all progress payments according to the schedule set forth,
<br />
<br />3. The plans and specifications are intended to supplement each other. so
<br />that any works exhibited in either and not mentioned in the other are to be
<br />executed the same as if they were mentioned and set forth in both. In the
<br />ellent that any conflict exists between any estimate o( costs of construction
<br />and the terms o( this Contract, this Contract shall be controlling. The Con-
<br />tractor may substitute materials that are equal in quality to those specified
<br />if the Contractor deems it adllisable to do so.
<br />
<br />ij. Owner agrees to pay Contractor its normal selling price for all additions,
<br />alterations or deviations. No ddditional work shall be done without the prjor
<br />written authorization of Owner. Any such authorization shall be on a
<br />Change-order form, approved by both parties, which shdll become a pdrt of
<br />this Contract. Where such additiondl work is addea to this Contract, it is
<br />agreed that all terms and conditions of this Contract shall apply equally to
<br />such additional work. Any change in.-pecifications or-construction neCeS~
<br />sary to conform to existing or fut..-e building codes, zoning laws, or
<br />regulations of inspecting Public A,;,thorities shall b~ c~nsider~d additional.
<br />work to be paid for by Owner as additional work. If the quantity o( mdtenals
<br />required under this Contract are so altered as to create d hardship on the
<br />Contractor. the Owner shall be obligated to reilTi>..-se Contractor for addI-
<br />tional expenses inc..-red. It is understood and agreed thdt i( Contractor
<br />finds that extra concrete is require<i he IS authorized by the Owner to pour
<br />the amount o( concrete that is required by the building code or site condi-
<br />tions and shall promptly notify Owner of such extra concrete. Owner sl1all
<br />promptly deposit the cost of the require'd extra concrete With the Con-
<br />tractor. Any changes mdde under this Contract will not dffect the vdlidity
<br />of this document.
<br />
<br />5. The Contractor Shall not be responsible (or any uam~y~ occaSioned by the
<br />Owner or Owner's agent, Acts of God. earthquakt!, or other caUSt!s beyond
<br />the control o( Contrdctor. unless otherwise herein provided or unless he is
<br />obligated by the terms hereof to prollide inStrance against such hazards.
<br />Contractor shall npt be Iidble for damages or defects resulting from work
<br />done by Slbcontractors. In the ellent OW1'lt!r authorizes dcces~ tIYough
<br />adjacent properties for Contractor's ust! during construction, Owner is
<br />required to obtain permission from the Owner(s) of the ddjacent propert'es
<br />for such. Owner agrees to be responsible dnd to hold Contrdct0r hdrmle~s
<br />and accept any risks resulllng from access tIYough ..djacent propertl~s,
<br />
<br />b. The time d..-ing which the Contractor is delayed Ir. his work by (aj the
<br />dCtS of Owner or his "gents or employees or those claiming under agreement
<br />with or grant (rom Owner, including dny notice to the lien Holder to With-
<br />hold progress payments, or by (b) dny detS or delays oc,;asioned by the Lien
<br />Holder, or by (c) the Acts o( God which Contractor coulu not hdve red~on"
<br />ably forseen and prOVided dgalnst, or by (d) stormy or inclement wedlher
<br />. which necessarily delays the work, or uy (e) dny strikes, bOV<.otts or like
<br />obstructive actions by eJl'4.lloyees or Idbor organizdtlon~ and which dre
<br />'beyond the control of' Contractor and wnich he cannot r~asondbly ov~rcom~.
<br />or by (f) extra work requested by the Owner, or by (g) (all..-e of Owner to
<br />prQ01)tly PdY for any extrd work as duthorlzed, shdll ue ddded 10 the time
<br />(or cOJl'4.lletlOn by a (air and reasonable dllowance, 5huuld work be slopped
<br />(or more than 30 days uy dny or all o( (d) through (~l) dbove, th~ Contractor
<br />may tennlndte ItllS Contract and collect (or all work cOllll'lded plus a rea-
<br />SOIldble profit.
<br />
<br />7. Contractor shall dl hiS own ~xptn::.~ cdrry dll wurk~r~l (Omi->t::n::.d[ I()r~
<br />ins..-ance dnd pcbllc lidblllty in~"-dnc~ necessary (ur Ule (ull protectIOn 01
<br />Contractor and Owner during the pr()(Jress o( the work. Cert If I( dt~S o( ,.uctl
<br />insurance shall be filed With Owner dnd with said Lien Iioldt:r If Owner dnd
<br />Lien holder so require. Owner dyrees to proc..-e dt hIS uwn e>.p~nse. prior to
<br />the commencelnent of dny work, fire In~LCdnu:.~ With Cour>l: of Constructlun.
<br />All PhysICdl Lo,.,. dnd Vdnddl,SlI1 and MdllClOUS MI>ct"d cldu,,~, dttdCh~d HI
<br />a ~lMTl equal to tr\e total co::.t of thelfllprOVerfk::nts. SULh Insl.f"(UH.:t: ~hdlllJ~
<br />wfltt~n to protect ttle Owner dllU CuntrlHtur, dnd LJt:~fl Holder, d> ttltlr
<br />interests mdY dppear. Should Owner f dll ~o to Jo, Corltractor may pruu..-t:
<br />5Udl i(l~rclnct.:, d::t d9t:nt for Owner, Lut It not rt:4l'lr-=J tu do ::'0, dlld OWller
<br />agrees on demand to reirnl>ur~e Contr,IL!(,r In cd~h for the cust thereof,
<br />
<br />H. Wht::ft: rnjjtt::r1LlI~ dft: to bt: IIIdtd\t:iJ. (dlllrdLtor >Ildll f1lo.Jh~ t:'Ier'l rt::iJ~()n-
<br />dble effort to (Jo so ll~IIl~J ~tdrllJdrd mdt~ndh. but doe~ nut UlJdrdntee d p~r-
<br />
<br />fect match,
<br />
<br />9. Owner d(jrt:e~ to ~hjl\ dnd file ft>r feLurd wlthl,.. frve ddYS dft~r the cum-
<br />pletlon dllU dLLt:pldnu: uf work '" IlUlIU~ of l.um~lt:lIUI\. LUfltr..Jctor d~rec~
<br />upon r~c"ipt o( ',n,,1 fJ"yrnenl tu rel"d'" the prop~rty from dny dnd dll
<br />clalnb Ihdt m"y hdve dccrued LJy rea~on of the cOI1~trllcllon. I f the Con-
<br />tractor (alth(ully performs th~ OUl19dt'on~ "I thl~ pdrt to be p~rtc)f'I11e(j, he
<br />shdll hd'~ th" right to reflb~ to p~r""t OLCLJpdncy o( the ,.tructlre by the
<br />Owner or allyune cldlmll1g througl1 the Owner unt iI ContraLtor hds r"ce"ed
<br />th" pdYlllent due dt co".,letlOn of c(J/)~tructlOn,
<br />
<br />10. Any controversy or Cldllll drl~U\\J O\.Jt of ur reldtlll~ tu llll~ LOlltrdi t.
<br />,.hallLJe ~~ltled by art>ltrdtlOlI III dccurddllc~ With tI,e ruje~ uf tile [Jetter
<br />lkolrle~~ Huredu's Ndtlllfldl PrwFdHl of ClJfl~lllfler Arbltrdtloll, ...Hld IlJ~JIll~f\t
<br />upon the aWdrd rendered uy th~ Arb,trdtor(s) mdl be ~nt..rfJ In any Cuurt
<br />havJrlg jurISdictIOn.
<br />
<br />11. In [tIt:' ~v~nt thdt it ~hould lh.!CUfIlC rlt:Le~~dry lu IIldkc dny LulkLtlLHl~ ur
<br />t:nforce dny of U'e Contrdctor's rights hcrelllLfldcr throuytl dll atlorn~y, the
<br />Owner hereby dgree~ to PdY all custs IlIcurred by the Contractur or Its
<br />assigns Including dttorney's fees, dl1d Owner waives presentment of PdY-
<br />ment, prote~t, notice o( protcst:dmJ non pdyment of lhls contrdlt. Inlere~t
<br />dt the r~te of eighteen (18 ~) percent per ~nnlJ'l\ Will h" chdr'Jell on dll bal-
<br />ances not piud dS per tht.' terra:::. 'jtatcu.
<br />
<br />12. Unless otherwise speCified, the contract price is based upon Owner's
<br />representation that site is lellel and cleared and is not filled lTPlI'ld or hard
<br />rock and thdt there are no conditions prellenting Contractor from proceed-
<br />ing with usual construction procedures and that all existing electrical and
<br />pl~ing facilities are capable of carrying the extra load caused by the
<br />work to be performed by Contractor. Any electrical meter charges required
<br />by Public Authorities or utility cQ01)anies are not included in the price of
<br />this Contract, unless included in specifications. If existing conditions are
<br />not as represented thereby necessitdting additional excavation, blasting,
<br />plU'oojng, electrical, curbing, cOf'\crete '01" other work. the same shall be paid
<br />for tly Owper as ddditiot)al wQrk.
<br />
<br />13. The Owner is solely responsible for prolliding Con'ractor prior to the
<br />commef1clng of construction with such water, electricity and refuse remollal
<br />serllice at the job site as may be required by Contractor to effect the con-
<br />struction of the improllement cOllered by this Contract. Owner shall prOllide
<br />a toilet during the co..-se o( construction when required by law.
<br />
<br />1 ij, The Contractor shall not be responsible for damage to existing walks,
<br />c..-bs, drillewdYs, cesspools. septic tanks, sewer lines, water or gas lines.
<br />arches, sIYubs. lawn, trees, clotheslines, telephone and electric lines. etc.,
<br />by the Contractor, sub-contractor, or supplier incLrred in the performance
<br />o( work or in the delivery of materials for the job, Owner hereby warrants
<br />and repreSel)ts thdt he shall be solely responsible for the condition of the
<br />building site with respect to (inish grading, moist..-e, crainage, alkali con-
<br />tent, soil slippdge and sinking or any other site condition that may exist
<br />Over which the Contractor has no control and subsequently results in dam-
<br />age to the building,
<br />
<br />15. The Owner is solely responsible for the location of ail lot lines and Shall
<br />identify dll corner posts of his lot for the Contractor. If any doubt exists as
<br />to the location of such lot I ines, the Owner -shall at nis own cost," order and
<br />pay for a survey. I( the Owner shall Wrongly identify the location of the lot
<br />lines- of the property, any changes required by the Contrdctor shall be at
<br />Owner's expense. This cost shall be paid by Owner to Contractor in cash
<br />prlOC to continudtion of work.
<br />
<br />16. Contractor has the right to sub-contract any part, or all, of the work
<br />herein ag/'et!d to be performed,
<br />
<br />17. Owner dgree~ to ln~tall.and .connect ilt Owner's cost, such utilities and.
<br />mdke such Improvements in addition to work cOllered by this contract as may
<br />be required by Lien Holder or Plblic Authority prior to completion of work
<br />of Contractor.' - ,
<br />
<br />18. Ttle Owner is solely responsible for all chdrges inc..-red for grading of -
<br />lot (or level building Site, removing all trees, debris, and other obstructions
<br />prIOr to start o( con~truction.
<br />
<br />19. Owner her~by 'JI"ants to Contractor the right t() display signs and adller-
<br />ti:>~ ..t the building SIte.
<br />
<br />20. Contrdclur shdll 11dV~ the right'to stop work and keep the Job idle if
<br />payments dr~ not mdd~ to him when due, lf ariy payments are not made to
<br />Contractor when du~, Owner shall pay to' Contractor an additionalcharge o(
<br />10"ll o( the dfl10unt o( such payment. I f the work shall be stopped by the
<br />Owner for a penod o( ~Ixty ddYs, then the Contractor may, at Cootractor's
<br />option, 'upon five ddYS written notice, demdnd and receive payment for all
<br />work executed dJld mdtenals ordered or supplied and any other loss sus.
<br />tdllled, IlIclud,ng d profit of 1 O~ of the contract price. In the event of work
<br />stoppage (or any reason, Owner shall provide (or protection of, and be
<br />responSible for any ddmage wdrpage, racking, or loss of material on the
<br />pr~tnl~es.
<br />
<br />21. 'II Ithm t~n ddYS after ~>.~cut IOn o( thiS Contract, Contractor Shdll have
<br />th~ rlgllt to cdncel tllI~ Cuntrdct .tlould he detennine that there is any
<br />uncertainty thdt ..II pdyments due under thiS Contract will be made when due
<br />or that dn error hds been made in computing the cost of completing the work.
<br />
<br />22. ThiS ~gr~ement con~tltutes the entire contrdct dnd the parties are not
<br />bounJ uy oral ~>.presSlon or representation by any party or agent of either
<br />part y.
<br />
<br />23. Th~ prlC~ quoted' or LOJl'4.l'elion o( the structLf'e IS sublect to change to
<br />th~ e>.t~nt of dny dlffer~nce In the cost o( labor and materials as of this
<br />ddt~ and ttle dctual co~t to contractor at the time materials are purchased
<br />and wurk i:> Jone.
<br />
<br />24. ftle COlltriJctur J:::. not rt:::>>~ull~lble for IdtJor ur flldlefldls flrnished by
<br />Ow"er or dnyone worklllg under the direction o( the Owner and any loss or
<br />ddJlllOJldl work that re"",lt:. lI',erefrom shall LJ.. the. re'lPonslbillty o( the
<br />Owner,
<br />
<br />2,. No ~ctl"n dnSlng from or reldted to the contract, or the performdnce
<br />th~reof. ~hall be cOfMlenced by e,ther pdrty dg"'n~t the other more than two
<br />yedr.> at ter tile cOlnpletlOn or Ce,.Sdtlon Of work \lI1der thiS contract, ThiS
<br />IIIIIItatlon applies to all dctions o( dny character, whe.ther at law or. In
<br />equity, and whether sounding In contract, tort. or otherWise. ThiS limitation
<br />shdll Jlul be extenJe<l by dny neqllgent mlsrepre.~lltdlion or unlntentlon'"
<br />corlC~dlm~nt, but shall b~ e>.tended as provided by law (or will(ul (raud.
<br />concealment, or misrepresuntation.
<br />
<br />2b. All t~>.~> dnd >peclal d,.~essment~ leVied dgdlnSt the property Shdll be
<br />
<br />pa Id by the Owner,
<br />
<br />27. Cuntrc:ll:tor d9'"et:~ tu COnlJl~le the work in d ~)stant ial dod workmanlike
<br />Oldlll,er but i:> not re>ponSlPIt! (or f dilure~.or dd ~LtS lhdt result from wor,k
<br />dUJl~ by ottl~rs priOr, dt th. time o( or subsequent to work done under thiS
<br />dure~lIl~nt, (dilure to keep \Jut ters, down>pouts anJ valleyS reasonably clear
<br />o( kdve~ or obstructions, (<lllore of lhe Owner to duthorlze Contractor to
<br />undertdke needed repairs or repldcemcnt o( (dscid, vents, defectIve or
<br />Jel~riordted roofing or roofing (elt, trim. sheathiny, rafters, structural
<br />members, Siding, mdsonry. Cdulking, metal edging, or f1ashlllg of any type, or
<br />dny act o( negligence or misuse by ttle Owner or dJlY other party,
<br />
<br />2M. Contr actor make~ no wdl"ranty. e>.pr~ss or impheO (Including warranty u(
<br />(,tJle~s (or lJurpo~e ..nd merctldnt~bility). Any wdrranty Shdil be as prov idcd
<br />by the mdnu(acturer o( the products and mater'dls used In construction,
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