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TERMS

This agreement contains the entire understanding of the parties and no oral representations, expressed or implied, have been relied upon by the parties. The scope of work is only what is written on the front of this agreement.

Licensing

Contractor warrants that (he or she) currently holds a valid license under the laws and statutes of the State of New Jersey / New York.

Time for Performance

Contractor shall commence work under this Contract on or before contracted date.  Contractor shall be deemed to have substantially commenced work when Contractor moved equipment onto the jobsite. If Contractor fails to substantially commence work within 30 days from the approximate date of commencement, Owner may delay the succeeding payment due to Contractor for a period of time equal to that of the delay in commencement of work.  Allowance in approximate commencement and completion dates shall be made for any delays attributable to circumstances beyond Contractor’s control.

Drawings, Specifications, and Permits

The project will be constructed according to the drawings and specifications contained in Schedule A, incorporated into this Contract by reference, which have been examined by Owner and which have been or may be signed by the parties to this Contract.  Unless otherwise specifically provided in the drawings or specifications, Contractor will obtain and pay for all required building permits and Owner will pay assessments and charges required by public bodies and utilities for financing or repaying the cost of sewers, storm drains, water service, and other utilities including charges for sewer and storm drain reimbursement, revolving funds, hookup, and other similar charges.

Owner will locate and point out the property lines to Contractor, and will engage a licensed land surveyor to provide boundary stakes if Owner is in doubt as to property boundaries.  Owner assumes all responsibility for the accuracy of the boundary markers.  Owner shall give copies of any restrictions, easements, or rights of way to Contractor before work is commenced.

Unless otherwise specified, work does not include any changes or alterations from the drawings or specifications that may be required by any public body, utility, or inspector. Contractor, at Contractor’s option, may alter specifications only so as to comply with requirements of governmental agencies having jurisdiction over same.  The cost of any alteration undertaken to comply with any such requirements shall be in addition to the Contract price specified herein.

Access to Work

Owner shall grant free access to work areas for workers and vehicles and shall provide areas for storage of materials and debris.  Owner agrees to keep driveways clear and available for movement and parking of trucks during scheduled working hours.  Owner shall be responsible for securing all entrances to the jobsite in a manner adequate to prevent persons other than Owner, Contractor, and any authorized workers or material suppliers from gaining access to that site.  Contractor shall be responsible, at the end of every workday, for storing all equipment and materials in the facilities provided by Owner.  Contractor shall not be liable for damage to driveways, walks, lawns, shrubs, or other vegetation by movement of trucks, workers, equipment, materials, or debris.

Contractor shall keep Owner advised as to the hours during which work is scheduled to be performed at the jobsite.  If Owner denies access to any worker or supplier of materials during scheduled working hours, then Owner will be deemed in breach of this Contract and subject to liability for any damages caused by the breach.

Work Allowance, Conflict, and Abnormal Conditions

There shall be a reasonable allowance on all dimensions specified in work plans.  All sizes are outside approximate sizes.  If there is any conflict between sketches, renderings, views, pictures, plans, blueprints, etc., and the terms of this Contract, then this Contract shall be controlling.  Contractor is not responsible for any existing illegal conditions.  Contractor is not responsible for any unusual or abnormal concrete footings, foundations, retaining walls, or piers required, or any unusual depth requirements, such as, but not limited to, conditions caused by poor soil, lack of compaction, hillside, or other slope conditions.  Contractor may, but is not obligated to, correct those conditions.  All work necessary to correct abnormal conditions that is required by public bodies shall constitute an extra work item and the cost shall be in addition to the Contract price specified herein.

Change Orders, Amendments, and Modifications

Any subsequent amendment, modification, or Contract, which alters this Contract, and which is signed or initialed by Contractor and Owner, shall be deemed a part of this Contract and shall be controlling in case of conflict with any other provision in Contract.

Extra Work and Changes

If Owner, Construction Lender, or any public body or inspector directs any modification or addition to the work covered by this Contract , the charge for that extra work shall be determined in advance and the cost shall be added to the Contract price in addition to Contractor’s usual fee for overhead and profit.  Owner shall make payments for all extra work as that work progresses, concurrently with regularly scheduled payments.  Contractor shall do no extra work without the prior written authorization of the Owner.  Any authorization for extra work shall show the agreed terms and shall be approved and signed by both parties.

Plaster

Contractor calls Owner’s attention to, and Owner acknowledges, the limitations of patching plaster.  While Contractor shall make every effort to match existing textures, colors, and planes, exact duplication is not promised.

Removal of Material and Debris

Except for items designated by Owner in writing prior to the commencement of construction, Contractor shall dispose of all material removed from structures in the course of alteration.  Contractor shall remove all construction debris on termination of work and shall leave the premises in neat, broom-clean condition.

Extra Time
Contractor shall start and diligently pursue work through to completion, but shall not be responsible for delays caused by any of the following: failure of the issuance of all necessary building permits within a reasonable length of time; funding of loans; disbursement of funds into funding control or escrow; acts of neglect or omission by Owner or Owner’s employees or agents; acts of God; stormy or inclement weather, strikes, lockouts, boycotts, or other labor union activities; extra work ordered by Owner, acts of public enemy, riots or civil commotion; inability to secure material through regular recognized channels; imposition of Government priority or allocation of materials; Owner’s failure to make payments when due; delays caused by inspection or changes ordered by the inspectors of authorized governmental bodies; acts of independent Contractors; holidays; or any other circumstances beyond Contractor’s control.

Damage to Project and Insurance

Before any work commences under this Contract, Owner shall procure fire insurance with course of construction, vandalism, and malicious mischief endorsements at Owner’s own expense. This insurance shall be for a sum at least equal to the Contract price.  Loss under the insurance policy shall be payable to the beneficiary under any deed of trust covering the project. The insurance policy shall name Contractor and all Sub Contractors as additional insured, and shall protect the interests of the Owner, Contractor, Sub Contractors, and construction lender.  If Owner fails to procure the insurance required under his Paragraph, Contractor shall have the option to procure the insurance as agent for, and at the expense of, Owner.  If the project is destroyed or damaged by any 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 the Owner as an extra work item subject to corresponding Paragraph of this Contract.  If, however, the estimated cost of replacing the work already accomplished by Contractor exceeds 20 percent of the Contract price, Owner shall have the option to cancel this Contract and, if Owner does so, Owner shall pay Contractor the reasonable cost, including usual overhead and a net profit of 10 percent, of all work performed by Contractor before cancellation.

Protection of Owner’s Property

Owner agrees to remove from the jobsite or to otherwise protect any personal property including, but not limited to, carpets, rugs, drapes, furniture, shrubs, and plantings.  Contractor shall not be held responsible for damage to or loss of any items of personal property.

Guarantee of Materials and Workmanship

Contractor does not guarantee any materials, equipment, assemblies, or units that Contractor has purchased or will purchase as part of the work covered by this Contract.  All of these items are subject to manufacturers or processor’s guarantees or warranties.

Work Stoppage

Contractor shall have the right to stop work and keep the job idle if payments are not made to Contractor when due.  If the work is stopped, for any reason, for a period of 60 days, then Contractor may, at Contractor’s option, on five days written notice, demand and receive payment for all work executed and materials ordered, or supplied and any other loss sustained, including Contractor’s normal overhead plus a profit of 10 percent of the Contract price.  Thereafter, Contractor is relieved from any further liability.  If work stops for any reason, Owner shall provide for protection of all material on the premises and shall be responsible for any damage, warpage, racking, or loss of that material.

Notice

Any notice required or permitted under this Contract may be given by ordinary or electronic mail at the above addresses specified in this Contract.  If either party changes his or her address, that party shall provide written notice of the change to the other party.  Notice shall be considered received one day after it is deposited in the mail with postage prepaid.

Corrective or Repair Work

If minor items of corrective or repair work remain to be accomplished b Contractor after the project is ready for occupancy, Contractor shall perform the work expeditiously and Owner shall not withhold any payment pending completion of that work.

 

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