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<br />TERMS AND CONDITIONS
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<br />1. Contractor shall pay all valid bills and charge for nlaterial and labor ans-
<br />ing out of the construction of tht! structure and Will hold Owner of the
<br />property free and hannless against all liens and claims of lien for labor and
<br />material fi.led against the property.
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<br />2. No payment under this contract shall be construed as an acceptance of
<br />any work done up to the time of such payment, 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 subject to the inspection and approval of the inspector
<br />for the Public Authority at the time when it shall be clilimed by the
<br />Contractor that the work has bet!n completed. At the completion of the
<br />work, acceptance by the Public Authority shall entitle Contractor to
<br />receive all progress payments according to the schedule set forth.
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<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 />event that any conflict exists between any estimate of costs of construction
<br />and the terms of 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 adv isable to do so.
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<br />q. Owner agrees to pay Contractor its normal selling price for all i1dditions,
<br />alterations or deviations. No additional work shall be done without the prior
<br />written authorization of Owner. Any such authorization shall be on a
<br />change-order form~approved by ooth parties, which shall become a part of
<br />this Contract. Where such additional work is added 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 sPecifications or construction nect!s,
<br />sary to confonn to existing or future building codes, zoning laws. or
<br />regulations of inspecting Public Authorities shall be corw.idered addi-tional
<br />work to be paid for by Owner as additional work. If the quantity of materials
<br />required under this Contract !Ire ~ altered as to create a hardship on Jt>e
<br />Contractor, the Owner shall be obligated to reirro..rse Contractor for addi-
<br />tional expenses incLrred. It is understood and agreed that if Contractor
<br />finds that exrra concrete is requir'ed he is authorizea by the Owner to pour
<br />the amount of concrete that is required by the bui Iding code or Sl te condi-
<br />tiORS and shall promptly notify,Owner of such,extra concrete. Owner 5I1all
<br />promptly deposit the cost of the required extril concrete With the Con-
<br />tractor. Any changes made uoder this Contract will not affect.the validity
<br />Qf this docU1lent.
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<br />5. The Contractor shall not be responsible for any dilmage occasioned by the
<br />Owner or Owner's agent, Acts of God, earthquake, or other causes beyond
<br />the control of Contractor. unless otherwise herein provided or unless he is
<br />obligated by the terms hereof to provide inSU'ance against such hazards.
<br />Contractor shall nllt be liable for damages or defects resulting from work
<br />done by subcontractors. In the event Ownt!r authorizes acces~ through
<br />adjacent properties for Contractor's use during construction, Owner is
<br />required to obtain permission from the Owner(s) of the adjacent properties
<br />for such, Owner agrees to be responsible and to.hold CQntractor harmless
<br />and accept any risks resulting from access tIYough adjacent properties.
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<br />6. The time during which the Contractor is delayed In his work by (aJ the
<br />acts of Owner or his agents or employees or those claimlr'9 under agreement
<br />with or grant from Owner, Including any notice to the lien Holder to with-
<br />hold progress payments, or by (b) any acts or delays occasioned by the lien
<br />Holder, or by (c) the Acts of God which Contractor could not havt! reason-
<br />ably forseen and prGlvided against, or by (d) stormy or inclement weattler
<br />whICh nec,essanly delilYS Jhe work. or vyJe.) any stnhes. boycotts or I,ke
<br />obstructive actions by elilployees or labor organizat IonS and which are
<br />beyond the control of Contractor and which he cannot reasonably overcome.
<br />or by (f) extra work requested by the Owner. or by (gJ f aolure of Owner to
<br />pr~tly pay for any extra work as authorized. shall lie added. to the time
<br />for completion by a fair i1nd reasonable allowance. Should work be stopped
<br />for more than 30 days vy any or all of (a) through (g) avov_e, the Contractor
<br />may ten,TlInatt! this Contract and collect for all work completed plus a rt!a-
<br />sonabl e prof i t.
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<br />7. Contractor shall at hiS own expen~e carry all wurhers' cOfl\fjen~atlon
<br />insLTance and public liavllity In~LTanCe necessary fur Itlt! full protection of
<br />Contractor and Owner during the progress of the wurh. Cert If icates of sucrl
<br />insurance shall be filed With Owner and with said lien Holder If Owner and
<br />lien holder so require. Owner agrees to fJCOCLTt! at illS own expense. prour to
<br />the commencement of any work, fire ,nscranct! With Course of ConstructIOn.
<br />All PhysIcal lo~s and Vandalism and MaliCIOUS MI>ctllef clause~ attached III
<br />a SlLIl equal to the total cost uf the 1I11prOvem~nts. Such InSlfdnCe shdll tJ~
<br />written to protect the Owner dlHJ Cunt"dl~t()r. dnd Lien Holder, as their
<br />interests may appear. Should Owner f aol so to do. Cor>lractor may procure
<br />such in~ra(\ct.:. d'::l dgent for Owntr, but It not reyulreJ to do ~O, dnd Owner
<br />agrees on demand to rellnvurst! COlltr..cl"r In cash for Ihe cust tt1ereof.
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<br />8. Where rntJterl.Jls drC to l>~ IIldtcheLJ, CUlltrdLlur '::Illdll fHdhe every recJ'::Ion-
<br />- ~te effort-tu-doso 'u~Jng.-stdndilrd nldterldlS, but dues not lJudrdnte~ d per-
<br />fee'f"",*,dl.
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<br />9. Ownt!r a'lrees to Slyn afi(j'hh:'lior.r.,curd Wlttllfl five day~ after the conJ-
<br />pletlOn dflU dLcepldnct: of work lJ l1l)lIC~ --tilt t,~tMJIl. Lulltr..Jctor d~rec::'
<br />upon receipt of final paYlllent to relea~e the propl!My'~"""V and all
<br />claims that may have accrued vy rea~on 01 Itle construction. Ifttle Con-
<br />tractor faithfully perforlTl~ tile ovll<jatlons uf 1t1lS part to be perforrned, he
<br />Shdll hdIJt the right to refLb~ to ~enrllt OCCLJpdIH':y of the ~tructl.l"e by the
<br />Own~r or dnyunt:: cldimlng througt\ the Owner until Contractor hd~ r,=cel,,~d
<br />the pd'{lllent due dt cumpletlOn of (.(Jn~tructlOn.
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<br />10. Any controversy or Cldllll drl~lny (Jut of or reldt 1I1~ tu till':> cUlllrdi t,
<br />shall tJe s.ettled by drbltrdllun tr\ cH...curddfll..:e With the rule~ uf the Bettcr
<br />U16ines,:> l1uredu.s NdtlOl\dl PrU(Jfdlll of C()fl~Umer ArbltrdtlOn, dlHJ 1l.J~jllleflt
<br />upon the award rendered vI' the Arbltralor(sl may be ellterl'd III any Court
<br />havillY jurisdlct ion.
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<br />11. In U\f.:= event ttlest it ~huuld tJeCOCIll: n~(e~~dry lu lUdk~ dllY L.ulkLtlun~ ur
<br />enforce any of the Cuntrdctor.s right~ tlt.~rellILl)der thruuyh dO dttorn~y, the
<br />Owner hereby dgrees to PdY dJ: cu~ts incurred by the Contrdctur or its
<br />dssi9"'s including dttorneyl~ fees, dnd Owner Wdlves ~reselltment of PdY-
<br />ment, protest, notice of protest, and non pdyrn~flt of this (Ontr..K1. Interest
<br />at the rate of eighteen (18"') percell I per "r1IU1\ Will he chdrged on all bal-
<br />ances nol PLWJ dS pl~r the lenJb ~ldtt...'d.
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<br />12. Unless otherwise. specified, the contract price is based upon Owner's
<br />representation that site IS level and cleared and is not filled g'Ol.6ld or hard
<br />rock and that there are no conditions prevent ing Contractor from proceed-
<br />Ing With usua.l c?"structlOn procedures and that all existing electrical and
<br />plumping facilities are capable of carrying the extra load caused by the
<br />. ,wOrk tobe performed by Contractor. Any electrical meter charges required
<br />by. PublJc Authontlt!sor utility companies are not included in the price of
<br />thiS Contract, lI1less Included In specifications. If existing conditions are
<br />not as represented thereby oecessltating additional excavation, blasting,
<br />plurnbmg, electrical, curbong, concrete or other work, the same shall be paid
<br />fpr by Owper ilS additional work,
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<br />13. The Owner is solely responsible for providing Contractor prior to the
<br />commef1clng of constructIOn With such water, electricity and refuse removal
<br />service at the J.ob site as may be required, by CqntractQf to effect the con-
<br />struction of, the I"llf'ovement, covered PY this Contract-, Owner ~1I1lf'~.
<br />a toilet dLTlng the COLTse of construction when required by jaw.
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<br />1 q, The Contractor shall not be responsible for damage to existing walks,
<br />CLrbs, driveways, cesspools, septic tanks. sewer lines. water or gas lines,
<br />arches, shrubs, lawn, trees, clotheslines, telephone and electric lines. etc.,
<br />by the Contractor, Sub-contractor, or supplier incUl'red in the performance
<br />of work or In the delivery of materials for the job. Owner hereby warrants
<br />and represents that he shall be solely responsible for the condition of the
<br />building site. with respect to. finish g'ading. moisture, drainage, alkali con-
<br />tent, soil slJppage and slnkong or any otlier site condition that may exist
<br />over whIch the Contractor has no control and subsequently results in dam-
<br />age tl!. the buildiQg.
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<br />15. The Owner is solely responsible for the location of all lot lines and shall
<br />identify all corner posts of his lot for the Contractor. +r any doubt exists'as
<br />to the location of ~uch lot lines, the Owner shall at his own cost, order and
<br />pay'far a survey. If thl! Owner SI\<l1l wrongly identify toe locijtion of the lot
<br />lines of the property, any changes required by the Contractor shall be at
<br />Owner's expense. This cost shall be paid by Owner to Contractor in cash
<br />prior to continuation of work. -
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<br />16. .Contr""tor has the right to Sub-contract ~ny part, or all, of the work
<br />herein agreed to be performt!d.
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<br />17. Owner agrees to install and connect at Owner's cost, such utilities and
<br />make such il'lX'ovements In addition to work covered by this contract as may
<br />be reqUired by lIen Holder or Public-Authority prior to completion of work
<br />of Contractor.
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<br />18. The Owner is solely responsible for all charges incLrred for grading of
<br />lot for level building site, removing all trees. debris, and other obstructions
<br />prior to start of construction,
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<br />"19. Ownernerebygrants to Contractor the right to display signs and adver-
<br />tbe at the buoldlng site.
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<br />20. Contractor shall have the right to',stop work and keep the job idle if
<br />pilymel'lts are not made to him when due. If any payments are not made to
<br />Contractor when due. Owner shall pay to'Contractor an additional charge of
<br />10'& of the amount of such payment. I f the work shall be stopped by the
<br />Owner tor iI period of sIxty days, then the Contractor may, at Contractor's
<br />option, upon five days written notice, demand and receive payment for all
<br />work executed and materials ordered or supplied and any other loss sus,
<br />talned, Includmg a profit of 10'& of the contract price. In the event of work
<br />stoppag" for any reason. Owner shall provide for protection of, and be
<br />responSible for any damage warpage, racking, or loss of material on the
<br />pr~ml:)es.
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<br />21. Within ten days aftt!r t!xecutlon of IhlS Contract, Contractor shall have
<br />the rlyl1t to cancel thiS Contract ~hould he detennine that there is any
<br />uncertdlnly that all payrTlt!nts due under thiS Contract will be made when due
<br />or that an error has been made in computing the cost of completing the work.
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<br />n. ThiS agreement constitutes tht! entire contract and the parties are not
<br />bound vy oral expression or representation by any party or agent ot either
<br />part y.
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<br />23. The price quoted for completion of the structure is sublect to change to
<br />the extent of ,lilY difference In the cost of labor and materials as of this
<br />dale and lI,e actual co~t to contractor at the time materials are purchased
<br />and worh IS done.
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<br />2q. The COlltractor IS 1I0t re~pollslble for lavor or lIlatt!rlals fLTnished by
<br />OWIl.... or anyone working under the direction of tht! Owner and any loss or
<br />addltiOIl..1 work that result. therefrom shall ve the, re'iPonsibllity of the
<br />Owner.
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<br />2,. No act lUll arlslny from or related to the contract, or the performance
<br />thereof. ~haU ve cOfnmt!nced by either party against the other more than two
<br />years after the cOfnplellon or cesS4tlon or work \JIlder this contrae!, ThiS
<br />IIITlltation applies to all actions of a'ny character. wht!thet a~'law or In
<br />equity. and whether sounding in contract, tort, or otherWise. This limitation
<br />shall 1I0t vt! t!xtendeu by .IIlY ne'lllyent mlsrepresental'on or unintentional
<br />concealment. but shall be t!xtended as provided by law for willful fraud,
<br />concealment, or misrepresentation.
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<br />2b. All taxeS and ~eclal asse~;rllents levleu against the property shall be
<br />palo by the Owner.
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<br />27. Contractor agree~ to c"CI\-llete the work in a sub~tallt lal and workmanlike
<br />mallller but IS not rt!spon>lvle for fallurt!s.or defects lI",t result from worh
<br />dUIle vy olller~ fjrlor, at the time of or subsequent to worh done under this
<br />agreemenl, faolure to ht!ep glitters. down~outs and valleys reasonably clear
<br />"f kaves or ov~trucllons, failure of the Owner to authoroze Contractor to
<br />undertake net!ded repairs or replacement of fascia, vents, defective or
<br />deteriorated roofing or roofing felt. trim. slledthing. rafters, structural
<br />members, Sldillg. masonry, Cdulklng, metal edging, or flasllmg of any type, or
<br />dny del of negligence or misuse by the Owner or dllY uttlt~r pdrty.
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<br />2M. Contraclor makes no warranty, express or JlClpllt!d (Includlllg warranty of
<br />fltlless for purpo~e and mercrlantav'(ityJ. Any warranty shall be as provided
<br />by tht! mdnufadurer of tht! products and materoalsused in construction.
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