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TERMS AND CONDITIONS
<br /> 1. CHANGES IN THE WORK. Should the Owner, constriction is an agency coupled with an interest. In the event the Owner occupies the
<br /> lender, or any public body or inspector direct any modification or addition project or any part thereof before the Contractor has received all payment
<br /> to the work covered by this contract, the contract price shall be adjusted due under this contract, such occupancy shall constitute full and
<br /> accordingly. Extra Work and Change Orders become part of the contract unqualified acceptance of all the Contractor's work by the Owner and the
<br /> once the order is prepared in writing and signed by the parties prior to the Owner agrees that such occupancy shall be a waiver of any and all claims
<br /> commencement of any work covered by the new change order. The order against the Contractor.
<br /> must describe the scope of the extra work or change, the cost to be added
<br /> or subtracted from the contract, and the effect the order will have on the 8. INSURANCE AND DEPOSITS. Owner will procure at
<br /> schedule of progress payments. Failure to have written authorization shall Owner's expense and before the commencement of any work
<br /> not be deemed fatal to the collection of the extra work. hereunder, fire insurance with course of construction. vandalism and
<br /> malicious mischief clauses attached, such insurance to be a sum at least
<br /> 2. RESPONSIBILITIES OF THE PARTIES. Contractor shall equal to the contract price with loss, if any, payable to any beneficiary
<br /> promptly notify the Owner of (a) subsurface or latent physical conditions under any deed of trust covering the project, such insurance shall also
<br /> at the site differing materially from those indicated in this contract, or (b) name the Contractor and any subcontractors as additional insured, and tc
<br /> unknown physical conditions differing materially from those ordinarily include sufficient funds to protect Owner, Contractor, subcontractors and
<br /> encountered and generally recognized as inherent in work of the character construction lender as their interests may appear. Should Owner fail to do
<br /> provided for in this contract. Owner as added work shall pay for any so, Contractor may procure such insurance as agent for and at the
<br /> expense incurred due to such conditions. expenses of Owner, but is not required to do so.
<br /> The Owner is responsible to supply water, gas, sewer and electrical If the project is destroyed or damaged by accident. disaster or calamity,
<br /> utilities unless otherwise agreed to in writing. Electricity and water to the such as fire, stone, earthquake, flood, landslide, or by theft or vandalism,
<br /> site is necessary. any work done by the Contractor in rebuilding or restoring the project shall
<br /> Owner agrees to al low and provide Contractor and his equipment access be paid by the owner as extra work.
<br /> to the property and provide toilet facilities. Owner shall obtain and pay for insurance against injury to Owner's own
<br /> The Owner is responsible for having sufficient funds to comply with employees and persons under Owner's direction and persons on the job
<br /> this agreement. This is a cash transaction unless otherwise specified. site at Owner's invitation. Contractor provides workman's compensation
<br /> The Owner is responsible to remove or protect any personal property Insurance.
<br /> and Contractor is not responsible for it or for any driveways, lawns,
<br /> shrubs, etc. The Owner will point out and warrant the property lines to 9. RIGHT TO STOP WORK. Contractor shall have the right to stop
<br /> contractor. work if any payment shall not be made, when due, to Contractor under this
<br /> agreement. Contractor may keep the job idle until all payments due are
<br /> 3. DELAYS. Contractor agrees to start and diligently pursue work received. This remedy is in addition to any other right or remedy that the
<br /> through to completion, but shall not be responsible for delays for any of Contractor may have. Such failure to make payment when due, is a
<br /> the following reasons: failure of the issuance of all necessary building material breach of this agreement. Owner acknowledges that the
<br /> permits within a reasonable length of time, funding of loans, disbursement additional costs for the delay in stopping and starting the project shall he
<br /> of funds into funding control or escrow, acts of neglect or omission of treated as an extra and allow Contractor additional costs in accordance
<br /> Owner or Owner's employees or Owner's agent, acts of God, stormy or with paragraph one hereof.
<br /> inclement weather, strikes, lockouts, boycotts, or other labor union
<br /> activities, Extra Work ordered by Owner, acts of public enemy, riots of 10. CLEAN -UP. Contractor will remove from Owner's property debris
<br /> civil commotion, inability to secure material through regular recognized and surplus material created by this operation and leave it in a neat and
<br /> channels, imposition of government priority or allocation of materials. broom clean condition.
<br /> failure of Owner to make payments when due, or delays caused by
<br /> inspection or changes ordered by the inspectors of authorized 11. LIMITATIONS. No action of any character arising from oi
<br /> governmental bodies, or for acts of independent contractors, or holidays, or related to this contract, or the perfomtance thereof shall be commenced
<br /> other causes beyond Contractor's reasonable control. by either party against the other more than two years after completion of
<br /> 4. PLANS & SPECIFICATIONS. If plans and specifications are the project or cessation of work under this contract.
<br /> prepared for this job, they shall be attached to and become apart of the 13. ATTORNEY FEES. In the event there is any litigation 01
<br /> agreement arbitration arising out of this agreement, the revailin� a
<br /> p a party shall be
<br /> 5.SUBCONTRACTS. The Contractor may subcontract portions of this entitled to its reasonable attorney fees and costs.
<br /> work to properly licensed and qualified subcontractors except roofing 14. PAYMENT. Upon satisfactory payment being made for any portion
<br /> 6. FEES, TAXES AND ASSESMENTS. Owner will pay for taxes of the work performed, the Contractor shall, prior to any further payment
<br /> P Y being made, furnish to the persons contracting for the improvement, a full
<br /> and assessments of all descriptions. Contractor will obtain and pay for and unconditional release from any claim or Mechanic's Lien, for that
<br /> all required building permits, but Owner will pay assessments and portion of the work for which payment has been made.
<br /> charges required by public bodies and utilities for financing or repaying
<br /> the cost of sewers, storm drains, water service, schools and school 15. ASBESTOS AND HAZARDOUS WASTE. Unless the contract
<br /> facilities, other utilities, hook -up charges and the like. specifically calls for the removal disturbance, or transportation of asbestos
<br /> or other hazardous substances. the parties acknowledge that such work
<br /> 7. COMPLETION AND OCCUPANCY. Owner agrees to sign and requires special procedure, precautions, and%or licenses. Therefore, unless
<br /> record a Notice of Completion within five (5) days after the project is the contract specifically calls for same, if Contractor encounters such
<br /> complete and ready for occupancy. If the project passes final inspection substances, Contractor shall immediately stop work and allow the Owner
<br /> by the public body but Owner fails to record Notice of Completion, then to obtain duly qualified asbestos and /or hazardous material contractor tc
<br /> Owner hereby appoints Contractor as Owner's agent to sign and record a perform the work or the Contractor may perform the work at contractor's
<br /> Notice of Completion on behalf of Owner. This agency is irrevocable and option. Said work will be treated as an extra under the contract.
<br /> .4.-- _ 77WO
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