Contract Terms and Conditions
CONSTRUCTION CONTRACT FOR REPAIR
AND REMODELING
Preventive Maintenance and Support Services, Inc. (“Contractor”) submits the attached Proposal and Estimate (“Proposal”) to for property to the property owners shown on this proposals Title.
By signing this Contract, the Owner agrees to the Proposal and the Terms of this Contract.
1) SCOPE OF WORK
The work to be performed under this Contract consists of the work described in the Proposal. The price quote incorporates all applicable and available discounts.
This Contract incorporates all of the provisions in AIA document A201, except where those terms conflict with this Contract. A full copy of AIA document A201 can be found at www.preventivesupport.com.
The scope of this Contract does not include any latent or unforeseen problems or defects which may be discovered during demolition or construction.
All materials used are guaranteed as specified. All of Contractor’s work shall be completed in a timely and workmanlike manner according to the standard practices prevalent in Contractor’s trade.
2) PAYMENT TERMS
Payment is due immediately upon completion of the work and submission of an Invoice, unless otherwise agreed in writing by Contractor and Owner. All past due amounts shall bear interest at 18% per annum until paid. In the event that legal action is necessary to collect the past due amounts or for other disputes associated with this Contract, Owner shall be responsible for all of Contractor’s attorney’s fees and costs.
Unless otherwise addressed in this Contract, the Owner is responsible for all permits, warranties, engineering and architectural drawings or specifications, and all inspection and re-inspection fees.
There will be no discounts or refunds provided to the Owner if the work to be performed under this agreement is completed in less time than originally contemplated.
Any remobilization based on unforeseen conditions or delays caused by the owner will result in additional fees and costs above the price noted in the proposal.
In the event that payment is not timely made for the work performed, all further work shall be suspended until such time as payment is made.
This is a lump sum contract not based on individual items and payments are non-refundable.
“Allowances” shall include all labor, materials, overhead and profit and are intended as an approximation only.
Price may increase based on the cost of materials when shipped.
3) CHANGE ORDERS/CHANGE OF PLANS
At any time prior to the start of services, contractor may withdraw his proposal and the contract shall be considered null and void.
The Contract price may increase or decrease based upon revisions to the plans and specifications, including revisions required by the relevant building and/or permitting authorities, and revisions to architectural or engineering plans and unforeseen price increases. Any alteration or deviation from the Contract and Proposal, including changes required by the applicable building departments shall require a written change order signed by the Owner and Contractor.
4) GOVERNING LAW/VENUE/RESOLUTION OF CONSTRUCTION
DISPUTES
Any dispute involving this Agreement shall governed by Florida Law. After the parties have complied with the Notice and cure provisions of Chapter 558, Florida Statutes, all disputes will be adjudicated in state court with venue in Palm Beach County, Florida. The Owner hereby waives its right to a trial by jury.
ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA
5) LIEN RIGHTS
ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS OR MATERIAL SUPPLIERS, THOSE 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 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 OF OWNER.” FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.
6) ENTIRE CONTRACT
This Contract including the Proposal and incorporated provisions constitute the entire Contract. Any amendments or revisions to this Contract must be in writing and signed by the Owner and Contractor.
7) INSURANCE
Owner warrants that he/she/it carries sufficient property owners’ and windstorm insurance.
Owner to provide yard insurance if the desire it.
8) DELAYS AND EVENTS BEYOND THE CONTROL OF CONTRACTOR
Contractor is not responsible for and shall not be penalized for any events leading to delays that are beyond the control of Contractor. This includes, but shall not be limited to, weather related incidents, acts of god, strikes or material shortages.
9) CONSEQUENTIAL DAMAGES
Contractor will take all due care to protect the property of the Owner. Contractor is not responsible for consequential damages that may occur in the course of Contractor’s work. This includes any damages to Owner’s lawn, landscaping, underground utilities, concrete or other hard surfaces, and any building components. All personal property, including furniture, personal property and electronics must be moved by the Owner at the Owner’s expense prior to the commencement of the work under this Contract.
10) FLORIDA HOMEOWNERS’ CONTRUCTION RECOVERY FUND
Payment may be available from the Florida Homeowners’ Construction Recovery Fund if you lose money on a project performed under Contract, where the loss results from specified violation of Florida Law by a licensed contractor. For information about the recovery fund and filing a claim, contact the Florida Construction Industry Licensing Board at the following telephone number and address: 1940 North Monroe Street, Tallahassee, Florida 32399, telephone number (850) 921-6593.
The prices, specifications, and conditions as outlined in the Contract and Proposal are satisfactory and are hereby accepted. Contractor is authorized to do the work as specified. Payment shall be made in accordance with the Contract. I have reviewed the Contract and agree to the terms and conditions set forth herein.
“If the proposed work is related to an insurance claim, you, the residential property owner, should contact your insurance company to verify coverage for the proposed roofing work, including any claims, deductibles, and policy terms, before signing this contract. By signing this contract, you acknowledge that you have been advised to contact your insurance provider regarding coverage and reimbursement of the proposed work.”
“You, the residential property owner, may cancel this contract without penalty or obligation within 10 days after the execution of the contract or by the official start date, whichever comes first, because this contract was entered into within 180 days of events resulting in the declaration of a state of emergency by the Governor. The official start date is the date on which work that includes the installation that will be included in the final work on the roof commences, a permit has been issued, or a temporary repair to the roof covering or roof system has been made in compliance with the Florida Building Code.”