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<br />Contract Terms
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<br />The ContrllCtor agrees to commence work hereunder within ten (10)
<br />dIIys after the 'est to occur of the lollowing, (1) the building site h.. ~
<br />properly prepared lor const,uction by the Owner, and (2) the malerlall
<br />,equ,i,ed are available to ContrllCtor. Contracto, agrees to prosecute WO,k
<br />ther..lter to completion, and to complete the work within a r_nable
<br />time, lubjllCt to luch delays .. are permissible under this cont,lICt.
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<br />ContrllCtor shall pay all valid bills and charges lor material and labor
<br />arising out 01 the construction 01 the structure and will hold Owner 01 the
<br />property I,ee and harmless against all liens and claims 01 lien lor labor and
<br />material Iiled against the property.
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<br />No payment under this contract shall be construed as an acceptance
<br />01 any work done up to the time 01 such payment, except as to such items as
<br />are plainly evident to anyone not experienced in construction work.
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<br />In the event that any conflict exists between any estimate 01 costs 01
<br />construction and the terms 01 this Contract, this Contract shall be
<br />controlling. The Contractor may substitute materials that are equal in
<br />quality to those specified if the Contractor deems it advisable to do so.
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<br />Owner agrees to pay Contractor its normal selling price lor all
<br />additions, alterations 0' deviations. No additional work. shall be done
<br />without the prior wrilten authorization 01 Owner. Any such authorization
<br />shall be on a change-order lorm, approved by both parties, which shall
<br />become a part 01 this Contract. Where such additional work is added to this
<br />Contract, it is agreed that the total price under this Contract shall be
<br />increased by the price 01 the additional work and that all terms and
<br />conditions 01 this Contract shall apply equally to such additional work. Any
<br />change in specifications or construction necessary to conlorm to existing or
<br />luture building codes, zoning laws, or regulations 01 inspecting Public
<br />Authorities shall be considered additional work to be paid lor by Owner as
<br />additional work. II the quantity 01 materials required under this Contract
<br />are so altered as to create a hardship on the Contractor, the Owner shall be
<br />obligated 10 reimburse Contractor for additional expenses incurred. II the
<br />Owner or agent 01 the Owner lurnishes material or perlorms labor on any
<br />portion 01 the work in progress, any loss to Contractor that results thereol
<br />shall be charged to the Owner. Any changes made under this Contact will
<br />not allect the validity 01 this document.
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<br />The Contractor shall not be responsible lor any damage occasioned
<br />by the Owner or Owner's agent, Acts 01 God, earthquake, or other causes
<br />beyond the control 01 Contractor, unless otherwise herein provided or
<br />unless he is obligated by the terms hereol to provide insurance against such
<br />hazards. Contractor shall not be liable lor damages or delects resulting Irom
<br />work done by subcontractors. In the event Owner authorizes access through
<br />adjacent properties lor Contractor's use during construction, Owner is
<br />required to obtain permission Irom the owner(s) 01 the adjacent properties
<br />lor such. Owner agrees to be responsible and to hold Contractor ha,mless
<br />and accept any risks resulting Irom access through adjacent properties,
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<br />The time during which the Contractor is delayed in his work by (a> the
<br />acts 01 Owner or his agents or employees or those claiming under
<br />agreement with or grant Irom Owner, or by (b) any Acts of God which
<br />Contractor could not have reasonably foreseen and provided against, or by
<br />(c) stormy or inclement weather which necessarily delays the work, or by (d)
<br />any strikes, boycolts or like obstructive actions by employees or labor
<br />organizations and which are beyond the control of Contractor and which he
<br />cannot reasonably overcome, or by (e) edra work requested by the Owner,
<br />or by (f) failure of Owner to promptfy paylOr any extra work as authorized,
<br />shall be added to the time for completion by a fair and reasonable
<br />allowance. Should work be stopped for more than 30 days by order 01 any
<br />agency of government, the Contractor may terminate this Contract and
<br />collect lor all work completed plus a reasonable profit.
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<br />Contractor shall at his own expense carryall workers' compensation
<br />insurance and public liability insurance necessary for the full protection of
<br />Contractor and Owner during the progress of the work. Certificates 01 such
<br />insurance shall be filed with Owner if Owner so requires. Owner agrees to
<br />procure at his own expense, prior to the commencement 01 any work, fire
<br />Insurance with Course 01 Construction, All Physical Loss and Vandalism
<br />and Malicious Mischief clauses altached in a sum equal to the total cost of
<br />the improvements. Such insurance shali be written to protect the Owner and
<br />Contractor, and Lien Holder, as their interests may appear. Should Owner
<br />lail to do so, Contractor may procure such insurance, as agent for Owner,
<br />but is not required to do so, and Owner agrees on demand to reimburse
<br />Contractor in cash for the cost thereof.
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<br />Where colorl are to be matched, Contracto, shall make every
<br />rNlOnable .ffort to do 10 uling Itandard colorl and materia's, but does not
<br />guwant.. a perfect match.
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<br />Any controversy or claim ariling out 01 0' relating to thil contrllCt,
<br />shall be settled by a,bitration in acco,dance with the Rul.. 01 the American
<br />A,bitration Association, and judgment upon the award rende,ed by the
<br />A,bitrator(s) may be ente,ed in any Court having jurisdiction. Should either
<br />party hereto bring suit In court to enlorce the terms of this agreement, any
<br />judgment awarded shall include court costs and reasonable altorney's lees
<br />to the successlul party plus interest at the legal rate.
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<br />Unl..s otherwise noted in this agreement, the ;>rice quoted does not
<br />include removing or replacing lascia, trim, sheathing, rafters, structural
<br />members, siding, masonry, vents, roofing, caulking. metal' edging or
<br />flashing of any type. II, du,ing the course 01 work, it should become
<br />apparent that any such porfions 01 the structure should be repaired or
<br />replaced, Owner may authorize Contractor to do such additional work and
<br />charge Owner lor the additional labor and materials required plus a
<br />reasonable profit.
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<br />The Owner is solely responsible lor providing Contractor prior to the
<br />commencing 01 construction with such water, eleclricity and reI use
<br />removal service at the job site as may be required by Contractor to ellect the
<br />construction covered by this contract. Owner shall provide a toilet during
<br />the course 01 construction when required by law.
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<br />The Contractor shall not be responsible lor damage to existing walks,
<br />curbs, driveways, st,uctures, cesspools, septic tanks, sewer lines, water or
<br />gas lin.., arches, shrubs, lawn, trees, clotheslines, telephone and electric
<br />lines, etc., by the Contractor, sub-contractor, or supplier incurred in the
<br />perlormance of work or in the delivery 01 materials for the job. Owner
<br />hereby warrants and represents that he shall be solely responsible lor the
<br />conditions 01 the building site over which the Contractor has no control and
<br />subsequently results in damage to the building or injury to persons or
<br />property.
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<br />Contractor agrees to complete the work in a substantial and
<br />workmanlike manner but is not responsible for failures or delects that result
<br />from work done by others prior, at the time 01 or subsequent to work done
<br />under this agreement, failure to keep gulters, downspouts and valleys
<br />reasonably clear of leaves or obstructions, lailure of the Owner to authorize
<br />Contractor to undertake needed repairs or replacement 01 fascia, vents,
<br />delective or deteriorated roofing or roofing felt, trim, sheathing, railers,
<br />structural members, siding, masonry, caulking, metal edging, or flashing of
<br />any type.
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<br />Contractor makes no warranty, express or implied (including
<br />warranty of fitness for purpose and merchantability). Any warranty or
<br />limited warranty shall be as provided by the manufacturer of the products
<br />and materials used in construction.
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<br />Owner hereby grants to Contractor the right to display signs and
<br />advertise at the building site.
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<br />Contractor shall have the right to stop work and keep the job idle if
<br />payments are not made to him when due. II 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. lithe work shall be stopped by the
<br />Owner for a period of sixty days, then the Contractor may, at Contractor's
<br />option, upon five days wrilten notice, demand and receive payment lor all
<br />work executed and materials ordered or supplied and any other loss
<br />sustained, including a profit of 10% of the contract price. In the event of
<br />work stoppage for any reason, Owner shall provide for protection of, and be
<br />responsible for any damage or loss of material on the premises.
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<br />Within ten days aller execution of this Contract, Contractor shall
<br />have the right to cancel this Contract should he determine that there is any
<br />uncertainty that all payments due under this Contract will be made when
<br />due.
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<br />This agreement constitutes the entire contract and the parties are not
<br />bound by oral expression or representation by any party or agent of either
<br />party.
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<br />The price quoted for completion 01 the structure is subject to change
<br />to the extent of any difference in the cost of labor and materials as 01 this
<br />date and the actual cost to Contractor at the time materials are purchaSed
<br />and work is done.
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