Terms and Conditions

1. Contractor shall begin work under this agreement and continue the work hereunder to completion within a reasonable time, subject to such delays as are permissible under this contract. Contractor shall obtain a valid building permit from the appropriate Public Authority if such building permit is required. Any fee or charge which must be paid to the Public Authority in connection with the work to be paid by Owner unless provided otherwise under this contract.

2. Contractor shall pay all valid bills and charges for material and labor arising out of the construction of the structure and will hold Owners of the property free and harmless against all liens and claims of lien for labor and material filed against the property.

3. No payment under this contract shall be construed as an acceptance of any work done up to the time of such payment, except as to such items as are plainly evident to anyone not experienced in construction work.

4. Unless otherwise specified, the contract price is based on the Owner's representation that there are no conditions preventing Contractor from proceeding with usual installation procedures for the materials required under this contract. Further, Owner represents that he will relocate furniture, clothing, draperies, personal effects, all personal property, plants, trees, and bushes prior to the beginning of work so that Contractor has free access to portions of the building where work is to be done. In the event that Owner fails to relocate any items as provided hereunder, Contractor may relocate any of the Owners property as may be required and is not responsible for damage thereto which may result during prosecution of the work.

5. Owner agrees to pay Contractor his normal selling price for all additions, alterations, or deviations. No additional work shall be done without the prior written authorization of Owner. Any such authorization shall be on a change order form, approved by both parties, which shall become a part of this contract. Where such additional work is added to this contract, it is agreed that all terms and conditions of this contract shall apply equally to such additional work.

6. The Contractor shall not be responsible for any damage occasioned by the Owner or Owner's agent, rain, windstorm, Acts of God, or other causes beyond the control of Contractor, unless otherwise herein provided or unless he is obligated by the terms hereof to provide insurance against such hazards. Contractor shall not be liable for damage or defects resulting from work done by Subcontractors. In the event Owner authorizes access through adjacent properties for Contractors use during construction, Owner is required to obtain permission from the owner(s) of the adjacent properties for such access. Owner agrees to be responsible and to hold contractor harmless and accept any risks resulting from the access through adjacent properties.

7. The time during which the Contractor is delayed in his work by (a) the acts of Owner or his agents or employees or those claiming under agreement with or grant from Owner, or by (b) the Acts of God which contractor could not have reasonably foreseen and provided against, or by (c) stormy or inclement weather which necessarily delays the work, or by (d) any strikes, boycotts or like obstructive actions by employees or labor organizations and which are beyond the control of the Contractor and which he cannot reasonably overcome, or by (e) extra work requested by the Owner, or by (f) failure of Owner to promptly pay for any extra work as authorized, shall be added to he time for completion by a fair and reasonable allowance.

8. Contractor shall at his own expense carry all workers compensation insurance and public liability insurance necessary for the full protection of Contractor and Owner during the progress of the work. Certificates of such insurance shall be filed with Owner and with said Lien Holder if Owner and Lien Holder so require. Owner agrees to procure at his own expense, prior to the commencement of any work, fire insurance with Course of Construction, all Physical Loss and Vandalism and Malicious Mischief clauses attached in a sum equal to the total cost of the improvements.

9. Where colors, textures, shades or hues are to be matched, Contractor shall make every reasonable effort to do so using standard materials, but does not guarantee a perfect match. At Owners written request, Contractor will provide a sample of any color, texture, shade or hue to be used under this contract for approval or disapproval by Owner. If Owner not so request , Contractor is authorized to apply manufacturer's standard colors, textures, shades and hues as identified in the contract and is not responsible for any discrepancy between the manufacturer's sample and the material as applied.

10. Contractor makes no warranty, express or implied (including warranty of fitness for purpose and merchantability). Any warranty or limited warranty shall be as provided by the manufacturer of the products and materials used in construction.

11. Any controversy or claim arising out of or relating to this contract, shall be settled by arbitration in accordance with the Rules of the American Arbitration Association, and judgment in any court having jurisdiction.

12. Should either party hereto bring suit to court to enforce the terms of this agreement, and judgment awarded shall include court costs and reasonable attorney's fees to the successful party plus interest at the legal rate.

13. Owner grants to Contractor and Contractors employees and Subcontractors the right to enter the premises during daylight hours from Monday through Friday between 8 A.M. and 5 P.M.

14. The Owner is solely responsible for providing Contractors prior to the commencing of construction with such water, electricity and refuse removal service at the job site as may be required by the contractor to carry out this contract. Owner shall provide a toilet during the course of construction when required by law. Contractor shall leave living area "broom clean" at completion of work. Contractor shall make every reasonable effort to reduce overspray and paint splatter but is not responsible for damage to Owner's personal property that results from overspray or paint splatter.

15. The Contractor shall not be responsible for damage to existing walks, curbs, driveways, cesspools, septic tanks, sewer lines, water or gas line, arches, shrubs, lawn, trees, clothes line, personal property, telephone and electric lines, by the Contractor, Subcontractor or supplier incurred in the performance of work.

16. Work shall be completed and Contractor shall be entitled to prompt payment in full when work described in this contract has been performed. Contractor is not obligated to do any work or perform any service except as expressly provided in this agreement. If, after Contractor has declared the work completed, Owner claims that work still remains to be done, Owner agrees to make prompt payment of the full contract amount less only amount needed to hire competent tradesman and purchase the materials needed to complete the work claimed yet to be done by owner. Upon completion of any corrective work claimed by Owner, Contractor shall be entitled to payment of the full contract amount.

17. Contractor has the right to subcontract any part, or all, of the work herein agreed to be performed.

18. Owner agrees to install and connect at Owner's cost, such utilities and make such improvements in addition to work covered by this contract as may be required by Public Authority prior to completion of work of Contractor.

19. Contractor makes no guarantee promise concerning durability of materials or the reduction in fuel bills as a result of any work performed. Heating and cooling costs are a function of utility rates, lifestyle, activities of the occupants, temperature at which thermostats are set, hot water usage, ventilation any many other factors over which Contractor has no control.

20. Contractor shall have no liability for correcting any existing defect which is recognized during the course of work.

21. Owner hereby grants to Contractor the right to display signs and advertise at the building site until all work is completed and payment in full has been made.

22. Contractor shall have the right to stop work and keep the job idle if payments are not made to him when due. If any payments are not made to Contractor when due, Owner shall pay to Contractor an additional charge of 10% of the amount of such payment.

23. Anytime during the execution of this Contract, Contractor shall have the right to cancel this Contract should be determined that there is any uncertainty that all payments due under this Contract will be made when due or that an error has been made in computing the cost of completing the work.

24. This agreement constitutes the entire contract and the parties are not bound by oral expression or representation by any party or agent or either party.

25. The price quoted for completion of the structure is subject to change to the extent of any difference in the cost of labor and materials as of this date and the actual cost to Contractor at the time materials are purchased and work is done.

26. The Contractor is not responsible for labor or materials furnished by Owner or anyone working under the direction of the Owner any loss or additional work that results therefrom shall be the responsibility of the Owner.

27. No action arising from or related to the contract, or the performance thereof, shall be commenced by either party against the other more than two years after the completion or cessation of work under this Contract. This limitation applies to all actions of any character, whether at law or in equity, and whether sounding in contract, tort, or otherwise.

28. Contractor agrees to complete the work in a substantial and workmanlike manner but is not responsible for failures or defects that result from work done by others prior, at the time of or subsequent to work done under this agreement, failure to keep gutters, downspouts and valleys reasonably clear of leaves or obstructions, failure of the Owner to authorize Contractor to undertake needed repairs or replacement of water-damaged, blistered, peeling or otherwise deteriorating surfaces, Contractor is not liable for any act of negligence or misuse by the Owner or any other party. Signature__________________________________date________ signature__________________________________date________ signature__________________________________date________ By signing you are signifying that you have read and understand the terms and conditions of this contract. Copies to be made and signed by Contractor, Owner/Builder and Authorizing agent , if different from Owner/Builder. These Terms and Conditions are printed on the backs of all written contracts.