1. Scope of Work and Licensing Notice
The scope of work ("Work") is limited to the items which consist of the Contractor's proposal (provided to Owner via email or printable form) including any documents attached. The contract becomes effective upon Owner's acceptance of Contractor's proposal by electronic, digital, or other means including email. A residential builder or maintenance and alteration contractor is required to be licensed under article 24 of the occupational code, 1980 PA 299, MCL 339.2401 to 339.2412. An electrician contractor is required to be licensed under article 7 of the skilled trades regulation act. A plumbing contractor is required to be licensed under article 11 of the skilled trades regulation act, MCL 339.5801 to 339.5819. Contractor's License No. is 262500933. Owner is advised to carefully review all documents making up the Contract.
2. Workmanship, Design, Construction Means & Methods
Contractor shall perform the Work in a good and workmanlike manner, but is not responsible for (a) design defects or errors except where the Work includes items designed solely by Contractor or (b) defects in material or workmanship caused by Owner. Contractor shall have the option to correct any defects. Owner waives all claims against Contractor for indirect or consequential amounts. Contractor's insurance shall include labor and material unless otherwise stated in writing. The Contractor shall have the option in its sole discretion to repair or replace items covering improvements to Owner's home. Owner shall obtain and provide proof of insurance upon request.
3. Time / Excuse of Performance / Special Orders
Contractor will diligently perform its Work consistent with its schedule but is not required to do so before all permits are obtained and Owner has fulfilled all conditions for starting the Work. Contractor is not responsible for delays due to vandalism, terrorism, economic downturns, pandemics, governmental orders, Owner's actions, or other causes not within its reasonable control. Contractor is not responsible for increased expenses for delays occasioned by Owner including changes in scope of work.
4. Payment / Late Charges / Interest / Costs of Collection
Final payment shall be made by Owner upon completion of all amounts due to Contractor. If Owner fails to pay any amount within fifteen (15) days of the date due, Owner shall pay to Contractor a LATE PAYMENT CHARGE equal to one percent (1%) per month on the unpaid balance. Collection expenses including attorneys' fees are not applicable to amounts determined not to have been due pursuant to Section 10. Credit card payments accepted up to $5,000 per project; Contractor reserves the right to charge an additional fee for payment by credit card.
5. Change Orders
Michigan law requires all contract changes including change orders to be in writing. Contractor is not obligated to make any change order unless agreed to by both parties in writing. If Owner requests a change order and Contractor performs the work before a written change order is signed, by permitting Contractor to perform the work, Owner will be deemed to have consented to the change order for convenience and without cause. Customer consents to approval of change orders for Contractor's services. All change orders not resolved within fifteen (15) days shall be treated as resolved by Contractor. Owner shall compensate Contractor for added time, expenses, and Contractor's profit, overhead, administration, and general conditions equitably adjusted to the cost incurred.
6. Owner's Duties / No Withholding of Payment
Owner shall timely provide to Contractor all documents and information required. The Contract Sum shall be equitably adjusted to compensate Contractor as is reasonable or the highest amount permitted by law, whichever is less. Owner shall cooperate with Contractor to expeditiously, safely and economically perform its Work including all material selections, decisions, and all other conditions that could be harmful or dangerous. Owner shall cooperate with all aspects of the Project and take full responsibility for providing timely payment, clearing and preparing the work area, noninterference with Work, and provision of required utilities.
7. Decorating / Installations / Changed Dimensions
Contractor may include a scope description, selection list, and limited warranty. Owner is solely responsible for properly applying and/or installing colors or items as described in the Contract. Owner shall have no liability for decorating decisions. Contractor is responsible for properly installing items as contracted. Additional charges will apply if Owner wishes to change items after installation. Contractor cannot guarantee uniform coloration or grain patterns of natural wood products. Owner accepts that failure to timely make decisions will cause damage to Contractor and is grounds for suspension or termination of the Contract.
8. Hidden Conditions
Contractor is not liable for or responsible to undertake any additional work that becomes necessary due to concealed or hidden site or other conditions of any kind or nature, without limitation. Concealed or hidden conditions are defined as any situation in which Contractor could not reasonably determine the extent of the work by a general visual inspection of the site or structure(s) that does not involve uncovering, testing, or incurring cost prior to Contractor's submission of its proposal to Owner.
9. Insurance / Risk of Loss
Contractor shall maintain worker's compensation insurance pursuant to law and commercial general liability insurance appropriate for the project. Owner shall obtain and provide proof of insurance upon request. If Owner fails to do so, Contractor may obtain this insurance and charge Owner for the cost. Either party may require that the other provide proof of insurance upon request.
10. Claims and Disputes / Waiver of Certain Damages
In the event the parties cannot resolve a dispute or controversy concerning the Contract, its terms, the Work, or the parties' obligations, the parties shall first attempt to resolve the matter by nonbinding mediation and in such event each party shall be equally responsible for the expense of the neutral mediator. If mediation is unsuccessful or not completed within thirty (30) days of written notice, the parties shall be entitled to pursue all legal and equitable remedies. Resolution Rules of the American Arbitration Association apply. Contractor's failure to permit Contractor to do so voids Contractor's obligations under the Contract.
11. Disclaimer / Limitations on Remedies and Claims
CONTRACTOR'S LIMITED WARRANTY, IF PROVIDED, IS THE ONLY WARRANTY GIVEN BY CONTRACTOR AND THERE ARE NO OTHER WARRANTIES PROVIDED TO OWNER. ALL LIMITED OR OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND HABITABILITY ARE DISCLAIMED AND FOREVER BARRED BY ANY SUCH LIMITED WARRANTY. THE REMEDIES STATED IN THESE GENERAL TERMS AND CONDITIONS ARE THE OWNER'S SOLE AND EXCLUSIVE REMEDIES.
12. Termination / Suspension
Contractor may suspend or terminate performance in the event of nonpayment by Owner or in the event of Owner's material breach of the Contract by delivery of written notice to Owner. In the event of termination for convenience and without cause, Contractor shall return to Owner any amounts paid by Owner not earned by Contractor plus overhead and profit as determined by Contractor. Owner is prohibited from engaging any third party to perform any of the Work covered by this Contract without prior written consent of Contractor.
13. Miscellaneous
The Contract and all of its terms and provisions are binding upon the heirs, representatives, successors, and assigns of the parties. Contractor has the right to place and control any signage or advertising relating to its work on the site. Owner shall fully cooperate with Contractor as to all aspects of the Project and take full responsibility for: (a) providing to Contractor timely payment; (b) clearing and preparing any work area; (c) noninterference with Work; and (d) provision of utilities required for the Work. Owner warrants that it is the owner of the property or is otherwise authorized to authorize this contract. Owner's representative is authorized to act on behalf of Owner.
14. ELECTRONIC SIGNATURE. THIS AGREEMENT MAY BE SIGNED OR ACCEPTED ELECTRONICALLY. BY CLICKING "ACCEPT" OR OTHERWISE CONVEYING OWNER'S ACCEPTANCE ELECTRONICALLY, OWNER'S ELECTRONIC SIGNATURE WILL BE DEEMED VALID AND BINDING. THE OWNER MAY OPT OUT OF PROVIDING CONSENT TO THE CONTRACT BY ELECTRONIC MEANS IF DONE BEFORE ACCEPTANCE OF THE CONTRACT. IF OWNER CONTESTS THE VALIDITY OF THE CONTRACT, OWNER SHALL PAY CONTRACTOR'S ATTORNEYS' FEES AND EXPENSES ARISING FROM THE OWNER'S CONTEST OF THE CONTRACT'S VALIDITY.
