Dry Rot Repair: Quote does not include any dry rot costs. Dry rot repair will be charged at material cost and $90/hr for repair work.
Permitting Costs: All permitting costs up to $300 are included. Some jurisdictions may have permitting costs that exceed this amount. Contractor will notify customer of any increase as a result of local permitting rules.
All suppliers will be paid in full and on time within the terms of the Company’s contracts with suppliers. Suppliers will not place liens upon homeowner
ACCEPTANCE OF AGREEMENT
We have read this Agreement carefully before signing and hereby acknowledge receipt of a copy hereof. Owner, by signing below, accepts and agrees to the terms and conditions of this Agreement and acknowledges receipt of the Home Improvement Agreement Standard Terms and Conditions.
HOME IMPROVEMENT AGREEMENT
1. PARTIES AND DATE OF AGREEMENT
This agreement (the “Agreement”) is made by and between CUSTOMER, hereinafter called the “Owner”, and JI Roofing Inc., hereinafter called the “Contractor.”
2. PROJECT DESCRIPTION/LOCATION
The Owner hereby agrees to engage Contractor to furnish all materials and perform all work as it pertains to a home improvement project (the “Work”) at the property located at: Address, (the “Project Site”) for a roofing project.
a. CONTRACT PRICE: The Owner shall pay the Contractor via check or alternative methods for the material and labor to be performed under the Contract.
b. GENERAL PROVISIONS: Any alteration or deviation from the below specifications, including but not limited to any such alterations or deviation involving additional material and/or labor costs, will be executed only upon written order, signed by Owner and Contractor, and if there is any charge for such alteration or deviation, the additional charge will be added to the price of this contract.
c. WORK QUALITY: All work will be conducted in a manner consistent with California Law and under good standing with licensing and insurance under the Contractors State License Board. To the extent required by law, all work shall be performed by individuals duly licensed and authorized by law to perform said work. Contractor warrants it is adequately insured for injury to its employees and others incurring loss or injury as a result of the acts of Contractor or its employees or subcontractors. Contractor may at its discretion engage subcontractors to perform work hereunder, provided Contractor shall fully pay said subcontractor, and in all instances remain responsible for the proper completion of this Contract.
d. LIENS: Contractor shall furnish Owner appropriate releases or waivers of lien for all work performed or materials provided at the time the next payment is due.
3. CONTRACT PRICE
Owner agrees to pay the total price and subject to modification for Changes (as defined in Section 4), for the labor and material furnished pursuant to this Agreement. The Final payment will be due and processed Substantial Completion or when Final Permit, if required, has been issued for the Home Improvement Agreement.
4. CHANGE ORDERS
a. Any changes, additions, alterations, deviations, or extras to the Work shall be made with a written Change Order signed by the Owner and Contractor, specifying the change to any labor and materials by the Contractor, the amount to be paid by Owner and the change, if any, in the time of performance, including changes necessary to conform to codes, laws or regulations required by any utility or government authority, or to address existing conditions of the Project Site unknown to the Contractor at the time Contractor signs this Agreement.
b. All Change Orders shall be incorporated as part of this Agreement and submitted to financing parties if that is a chosen form of payment. Owner understands and agrees that changes may extend the time of performance.
5. AUTHORITY TO CONTRACT FOR THE WORK
The Owner shall represent that they have the legal ability to authorize the Work done at the Project Site.
6. DEFAULT PRIOR TO START OF CONSTRUCTION
In the event Owner fails to fulfill Owner’s obligations under this Agreement, Contractor will be entitled to receive payment for any time and material costs incurred by Contractor.
7. PROJECT TIME
Contractor shall coordinate commencement of work after all the following occur: (i) this Agreement is signed by Owner and Contractor; (ii) applicable project financing agreements are completed or if a down payment is required by the Contractor from Owner ; (iii) the site is ready and available for the contractor to commence the Work; and (iv) all required state and local building and construction permits and approvals are issued along with a notice to proceed from the project financing provider. Contractor shall not be liable for any delay due to circumstances beyond its control including strikes, casualty or general unavailability of materials.
8. PAYMENT & INSTALLATION
a. Financing: If payment is approved for financing Program or through an alternative loan product, 100% of the eligible project will be financed with no project payment due out of pocket. Installation for a financed project will occur after (i) the completion of a financing application, (ii) the signing of this Agreement, (iii)the signing of the financing agreement, (iv) the completion of all financing required documents and verification calls, and (v) the receipt of a Notice to Proceed by the Contractor from the Financing Company. Following installation, final completion statements must be signed by Owner in order to complete financing of the project.
b. Cash Payment: For cash payments, a deposit of $1,000 or 10% of the total cost of the project, whichever is less, is due upon execution of the final agreement prior to installation. 50% of the remaining amount is due prior to the start of the installation and the remaining amount is due following the install completion. A 3% transaction fee may be assessed for credit card payments.
The signature of either Owner (if more than one) subsequent to the signing of this Agreement shall be sufficient for all purposes under the Agreement, including Change Orders, if any. Customer Rep Signature: Customer Signature:
If any part of this Agreement is found to be unenforceable, it shall not affect the enforceability of the remainder of this Agreement. The failure of either party to enforce any term or condition of this Agreement shall not constitute a waiver of any other breach of any right, claim, term, or condition of this Agreement.
All disputes hereunder shall be resolved by binding arbitration in accordance with rules of the American Arbitration Association.
11. ENTIRE AGREEMENT
This Agreement, along with the Home Improvement Agreement Standard Terms and Conditions, constitutes the entire contract of the parties. It is expressly agreed that no statement, arrangement, warranty, or understanding, oral or written, express or implied, will be recognized unless it is stated in, or otherwise permitted by, this Agreement. Owner warrants that the person executing this Agreement and any subsequent change orders has legal authority to do so, including obligating the Owner to a marital purpose debt, if married. Owner acknowledges review and approval of the entire Agreement before execution. This Agreement is not assignable by either party without the other’s consent.
12. CANCELLATION NOTICE OF RIGHT OF CANCELLATION: THIS AGREEMENT MAY BE CANCELLED UNILATERALLY BY THE OWNER BY NOTIFYING THE CONTRACTOR IN WRITING WITHIN THREE (3) CALENDAR DAYS AFTER SIGNING THIS AGREEMENT. IN THE EVENT OF CANCELLATION OF THIS AGREEMENT BY THE OWNER THERE AFTER, CONTRACTOR SHALL RECEIVE IMMEDIATE REIMBURSEMENT FROM THE OWNER FOR ALL COSTS AND EXPENSES INCURRED TO THAT DATE, PLUS A MARKUP OF 15%.
13. CALIFORNIA LAW
California State Law requires anyone who contracts to do construction work to be licensed by the Contractors State License Board in the License category in which the contractor is going to be working if the total price of the job is $500 or more (including labor and materials). Licensed contractors are regulated by laws designed to protect the public. If you contract with someone who does not have a license, the Contractors State License Board may be unable to assist you with a complaint. Your only remedy against an unlicensed contractor may be in civil court, and you may be liable for damages arising out of any injuries to the contractor or his or her employees. You may Contact the Contractors State License Board to find out if this contractor has a valid license. The board has complete information on the history of licensed contractors, including any possible suspensions, revocations, judgments, and citations. The Board has offices throughout California. Please check the government pages of the White Pages for the office nearest you or call 1800331CSLB for more information.