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Contractual Terms and Conditions

Standard Exclusion List: Unless otherwise specified, all quotes are good for 30 days due to the frequent cost increase of materials. There may also be a surcharge added to jobs.
Insurance: Owner shall procure at his own expense and before the commencement of any work hereunder, fire insurance with course of onstruction, vandalism and malicious mischief clauses attached, such insurance to be in a sum at least equal to the contract price, with loss, if any, payable to any beneficiary under any deed of trust covering the project. Owner shall obtain and pay for insurance against injury to his employees and persons under Owner’s direction, persons on the job site at Owner’s invitation, and Owner’s guests. Contractor shall carry Workmen’s compensation insurance as required by law.
Warranty: Contractor warrants to the owner that all materials and equipment furnished under this Agreement will be new unless otherwise specified, and all work will be of good quality, free from faults and defects and in conformance with the Contract documents. If within one year after the date of substantial completion of Contractor’s Work or designated portion thereof, or one year after acceptance of the Owner of designated equipment or work, or within such longer period of time as prescribed by the terms of any applicable special warranty required by the contract documents, any of the work is found to be defective or not in accordance with the contract documents, the Contractor shall correct it within a reasonable time after receipt of a written notice from the Owner to do so, unless the Owner has previously accepted such condition. The Owner shall give such notice promptly after discovery of the condition.
Right to Stop Work: Contractor shall have the right to stop work if any payment shall not be made timely to contractor under this agreement. Contractor may keep the job idle until all payments are received. Furthermore, the Contractor may at his option terminate the contract and the owner shall be liable to the contractor for breach of contract, and all damages resulting therefrom.
Protection of Work: Owner shall effectually secure and protect the work done by contractor hereunder and assume full responsibility for the condition thereof. Owner shall be liable for any loss or damage to any work in place or to any equipment and materials on the job site caused by Owner or his agents, employees or guests.
Control of the Work: For the proper execution of the work, Contractor must have sole control over the work and coordination of subcontractors and employees. The owner may make changes in the work as provided by this agreement, but such changes must be coordinated solely through contractor. Owner shall not request any changes in the work directly from any Contractor’s subcontractors, employees or suppliers.
Concealed and Changed Conditions: Contractor shall notify Owner of any conditions at the site or which were concealed from Contractor’s reasonable inspection of the site, including but not limited to: hard rocky ground, and concealed gas telephone, cable, and/ or utility lines. Owner as extra work shall pay for any expense incurred due to such concealed or changed conditions.
Damage to Property: Owner understands that in the performance of the work, Contractor or his employees may cause damage to existing real and personal property at the exterior of the site including, but not limited to, landscaping, fences, driveway, sidewalks, and irrigation and to the existing interior of the residence and/or garage, and to Owner’s personal Property at the site but shall not be responsible for any such damage, in the absence of malice or gross negligence. Owner assumes the risk of any damage for personal injury or property damage to owner or any third parties if owner continues to occupy the building/residence during the course of the work.
Disclaimers: Contractor shall not be responsible for any labor or materials supplied by others on this project, or for any damages arising out of any labor or materials provided by others on this project. Contractor cannot guarantee his work to the extent that it is dependent upon work performed by other ontractors who were not hired by Contractor. Contractor will use its best efforts but is not responsible for matching any pre-existing concrete or landscaping of Owner. Contractor shall also not be responsible for any earth movement or settlement of Owner’s property.
Recordings: By using our services, you understand and agree that phone calls and in person appointments may be recorded for quality and training purposes.
Notice to Contractor: If the Owner becomes aware of any fault or defect in the project or non-conformance with the drawings or specifications, Owner shall give prompt written notice thereof to Contractor.

Bankruptcy: If either party becomes bankrupt, the other party has the right to cancel this contract.

Mediation: If at any time any controversy shall arise between Contractor and Owner regarding anything pertaining to this agreement or the contract documents, and which the parties hereto do not promptly adjust and determine, the controversy shall first be submitted to mediation under the Construction Mediation Rules of the American Arbitration Association. The cost of said mediation shall be borne equally by the parties. If mediation is unsuccessful and the parties do not resolve the dispute in mediation and proceed to litigation, then the cost of mediation, including attorney’s fees shall be recoverable as accost to the prevailing party in said litigation.
Attorney’s Fees: In the event the parties hereto become involved in litigation or arbitration arising out of this contract, or the performance or breach thereof, the trier of fact shall award reasonable costs expenses and attorney’s fees to the prevailing party. The trier of fact shall not be bound by any court fee schedule, and may in the interest of justice, award the full amount of costs, expenses, and attorney’s fees incurred in good faith.
Limitations: No action of any character, whether at law or in equity, and whether sounding in contract, tort or otherwise, arising from or related to this contract, or the performance thereof, shall be commenced by either party against the other more than two years after completion or cessation of work under this contract. This limitation shall not be extended by any negligent misrepresentation or unintentional concealment, but shall be extended as provided by law for willful fraud, concealment or misrepresentation.
Termination of Contract: If the work is stopped for a period of 30 days under an order of any court or other public authority having jurisdiction, or as a result of any act of government, such as a declaration of a national emergencies making materials unavailable, through no act or fault of the Contractor, its employees or agents, or if the work should be stopped for a period of 30 days by the Contractor because the owner has not made timely payments to Contractor as provided herein, or because of Owner’s failure to perform or have performed any portion of the work which Owner was obligated to perform, then Contractor may terminate this Agreement and recover from the Owner payment for all work executed and for any loss sustained upon any materials, equipment, tools, construction equipment and machinery, including reasonable profit and overhead and damages. If the Owner terminates the contract, Owner shall reimburse Contractor for any unpaid cost of the work due Contractor under the contract. Owner shall also pay Contractor for any loss sustained upon any materials, tools, equipment and machinery, including reasonable profit and overhead and damages. In case of such a termination of the contract, the owner shall further assume and become liable for any and all obligations commitments and unsettled claims that the Contractor has previously undertaken or incurred in good faith in connection with said work.
Proof of Payment: Owner shall furnish reasonable evidence satisfactory to the Contractor, prior to commencing work and at such future times as may be required, that sufficient funds are available and committed to the entire cost of the project. Unless such reasonable evidence is furnished, Contractor is not required to commence or continue any work, if such evidence is not presented within a reasonable time, stop work upon 10 days notice to Owner. The failure of Contractor to insist upon the providing of this evidence at any time shall not be a waiver of Owner’s obligation to make payments pursuant to this Agreement nor shall it be a waiver of Contractor’s right to request or insist that such evidence be provided at a later date.
Restoration of Work: If the project is destroyed or damaged by an accident, disaster or calamity, such as fire, storm, flood, landslide, subsidence, or earthquake, or by theft or vandalism, any work done by Contractor in rebuilding or restoring the project shall be paid for by Owner.
Entirety of Agreement: This agreement as executed by Owner and Contractor, together with the documents referred to in this Agreement, constitutes the entire agreement between the parties with respect to the work hereunder, and there are no oral or written understandings, representations or commitments of any kind, express or implied not expressly set forth or referred to herein.
Asbestos, Lead, Mold & Hazardous Waste: Unless the contract specifically calls for the removal of disturbance or transportation of asbestos, lead or other hazardous substances, the parties acknowledge that such work requires special procedures, precautions, and/ or licenses. Therefore, unless the contract specifically calls for same, if Contractor encounters such substances, Contractor shall immediately stop work and allow Owner to a duly qualified asbestos, lead, mold, and/or hazardous material contractor to perform the work or do the work himself at Contractor’s option. Said work shall be treated as an extra under this contract. Contractor is not responsible for pre-existing mold, or for mold caused by a long- term leak or a flood, which were not caused by Contractor.
Arbitration: Any controversy, claim or dispute arising out of or relating to this contract, or any breach, including without limitation any dispute concerning the scope of this arbitration clause, shall be settled by arbitration, in accordance with the Construction Industry Rules of the American Arbitration Association.
Mechanics Lien: Contractor shall have the right to process a Mechanics Lien on the Owner’s property if Contractor is unpaid for work performed.
Information About the Contractors State License Board (CSLB): CSLB is the state consumer protection agency that licenses and regulates construction contractors. Contact CSLB for information about the licensed contractor you are considering, including information about disclosable complaints, disciplinary actions and civil judgments that are reported to CSLB. Use only licensed contractors. If you file a complaint against a licensed contractor within the legal deadline (usually four years), CSLB has authority to investigate the complaint. If you use an unlicensed contractor, CSLB may not be able to help you resolve your complaint. Your only remedy may be in civil court, and you may be liable for damages arising out of any injuries to the unlicensed contractor or the unlicensed contractor’s employees.

For more information:

VISIT: CSLB’s website at www.cslb.ca.gov
CALL: CSLB at 1-800-321-CSLB (2752)
WRITE: CSLB at P.O. Box 26000, Sacramento, CA 95826

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