TERMS AND CONDITIONS
1. TOTAL CONTRACT PRICE. Owner agrees to pay Contractor the Total Contract Price, together with adjustments, if any, for Change Orders as described in paragraph 3, in accordance with the further provisions of this Contract.
2. PAYMENT TERMS. Upon the execution of this Contract, Owner shall pay Contractor a deposit in the amount of 50% of the total price, unless otherwise agreed upon. Progress billings for work completed to date shall be submitted on a weekly basis to the Owner and due upon receipt.
3. CHANGE ORDERS. All changes to the plans, specifications or selection of finished materials may be requested by Owner, subject to Contractor's approval. Owner shall pay to Contractor any increase in Contract Price prior to the approved work being performed, or, at contractor's option, at the time of final payment, or as set forth in the change order.
Owner acknowledges that the process of remodeling may also consist of demolition or destruction of existing improvements before, during and after any new construction has begun. Additional work is frequently identified during demolition and required to complete the work pursuant to this contract. All such additional required work will constitute a change order and may result in an increase in the Total Contract Price. Some examples of events or occurrences which may cause increases in the Total Contract Price include, but are not limited to, the following:
REPAIR/REPLACEMENT OF UNFORESEEN DAMAGED ITEMS: The parties understand that there may be conditions to pre-existing improvements on the property which constitute latent defects or hidden or unknown conditions, necessitating unforeseen removal, replacement or repairs in order to complete the scope of work to be performed under this agreement. Examples of such situations include, but are not limited to: adverse soil conditions; presence of asbestos materials; inadequate structural support; plumbing, electrical, mechanical systems or appliances or machinery in poor or deteriorated condition; or, other matters which could not have been readily observed by the Contractor prior to commencement of the contract performance. In the event that Contractor discovers such defects or hidden or unknown conditions, Contractor shall immediately notify the Owner and shall prepare an estimate of the increased costs resulting from such defects or hidden or unknown conditions. Owner shall be responsible for the costs incurred in preparing the estimate, such as, but not limited to, engineering fees. If the Owner agrees with the estimate, it shall become a Change Order hereunder; otherwise, the Owner shall pay the Contractor all costs incurred to that date in connection with the work to be performed hereunder, plus twenty (20%) percent thereof, and this contract shall terminate.
4. WARRANTIES. Contractor makes no express or implied warranties, except as stated herein.
a. Contractor warrants that all materials will be new materials, unless otherwise specifically agreed upon or disclosed, and that the labor and materials supplied by Contractor and used in performing this contract will be free of defects for a period of one (1) year from the date of the substantial completion.
Window and door products will hold a 30-year limited warranty from the manufacturer.
b. Owner agrees to rely solely on the warranties, if any, of the respective manufacturers, unless the defect is caused by the improper installation.
c. MOLD IS A NATURALLY OCCURRING GROWTH THAT MAY HAVE ADVERSE HEALTH CONSEQUENCES AND WHICH REQUIRES CERTAIN PREVENTATIVE AND PROPER MAINTENANCE ACTIONS BY THE OWNER. ACCORDINGLY, CONTRACTOR ASSUMES NO LIABILITY WHATSOEVER FROM ANY HARM TO INDIVIDUALS AND DAMAGES TO PROPERTY ARISING AS A RESULT OF MOLD, WHICH IS UNRELATED TO CONSTRUCTION DEFECTS.
5. RIGHT TO CANCEL. If Owner requests to cancel the contract for any reason after custom materials have been ordered, Owner shall be responsible for all costs incurred for said materials and materials will then become the property of the Owner.
6. INSURANCE: Contractor shall obtain and maintain, at contractor's expense, all necessary insurances, in connection with the work to be performed under this Contract, until substantial completion.
7. RIGHT-TO-CURE: CHAPTER 558 NOTICE OF CLAIM. CHAPTER 558, FLORIDA STATUTES CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY BRING ANY LEGAL ACTION FOR AN ALLEGED DEFECTIVE CONSTRUCTION IN YOUR HOME. SIXTY DAYS BEFORE YOU BRING ANY LEGAL ACTION, YOU MUST DELIVER TO THE OTHER PARTY TO THIS CONTRACT A WRITTEN NOTICE REFERRING TO CHAPTER 558 OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE SUCH PERSON THE OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND TO CONSIDER MAKING AN OFFER TO REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER WHICH MAY BE MADE. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER THIS FLORIDA LAW WHICH MUST BE MET AND FOLLOWED TO PROTECT YOUR INTERESTS.
8. CONTROLLING PROVISIONS AND HEADINGS. All handwritten or typewritten provisions herein shall control over any printed provisions in conflict therewith, unless otherwise provided. The headings on each paragraph are for the sole convenience of the parties and shall not be construed to be a part of this Contract.
9. SPECIAL CLAUSES (If Any): ______________________________________________________________________________________________________________
ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS 713.001–713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A "NOTICE TO OWNER." FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.