ProjectsServices Terms & Conditions

Short Form Agreement (Maintenance and Small Projects)

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· Total time committed to a Free Estimate/Proposal/Offer is < 1 hour, including site visit. A more detailed estimate, price breakdown, required specifications, subcontractors’ quotes, mockups, schematics, and/or owners' renderings are available for an additional fee and may be more accurate.

· Estimate is based on costs typically associated with this type of project, principals' years of construction experience and/or previous projects’ costs and/or cursory material costs and/or labor productivity rates and/or estimates of other specialty subcontractors.

· Calculations represented are of approximate areas, volume, counts, and scope. Additional counts may be needed to complete the work.

· Estimate/Proposal/Scope Email/ any documents detailing work to be delivered serve as the scope basis of this agreement / contract. Changes or additions to original scope are to be handled as Scope Modification Requests (Change Orders) or simply permitting Time & Material to accrue in the completion of the additional/changed scope.

· STANDARD EXCLUSIONS (defaults to Time & Material if/when done): Procurement, Design, Mobilization, Access, Staging, furnishing removal & reinstall, Fabrications, Customization and Modifications of any standard off-the-shelf product or material, Final paint color /finishes, Thresholds/Transitions details, Demobilization, Excavation, Equipment rental, Concealed conditions, Burdens/Site Management fees, Ferry fares, Mileage, Special disposals, and WST.

· Client consents to audio and/or video/text recording of meetings, site work, phone calls, and other communications related to the project used solely for: Project documentation and communication, Safety and performance reasons, and Potential dispute resolution reference. This agreement serves as a notification to all parties. Voice recordings shall not be shared with third parties without explicit written consent.

· Client has the right to, either for cause or convenience, terminate contract, iterate any design schemes and changes before and during work. Client directs the approach, level, and extent of work. Client can stop the work at any time for any reason. Client can elect to procure any and all required materials (GC to be reimbursed for incidentals, overhead, and handling fee-for-service on items procured by Client but installed by GC). On a time and material/cost plus basis agreement, Client to pay for all time spent on site and/or shop time working towards any phases of the scope.

·  GC to disclose concealed or differing site conditions after discovery.

· Unconventional, non-standard or atypical or concealed conditions found on site are excluded from estimate/proposal or agreement. ALL corrective action on the conditions discovered will be addressed on an hourly basis.

· All unspecified, unknown, or undefined scope necessary to complete project or work will be performed on a Time-and-Material/Cost-plus-reimbursement basis.

·  WASHINGTON LEAD DISTURBANCE protocol will be enacted if Lead is found in houses built pre 1978. ASBESTOS TESTING and DISTURBANCE protocol will be enacted if Asbestos is found on property.

·  WA State LNI Disclosure Statement Notice to Clients for contractor to be filled with agreement. 

·  Electrical and Plumbing work requiring licensed technicians is excluded from estimate unless specified.

·  Client to remove and store all personal furnishings before work starts. (GC is available to assist, if needed, on an hourly basis).

·  GC is NOT responsible for loss, breaks and handling damage done on existing used Client items due to poor condition when item is being reinstalled for the Client’s benefit.

·  GC is not responsible for owner-procured/provided items that are provided in a damaged condition, missing or incomplete, improperly specified /selected /sized, requiring pre-requisite work or upgrades, even after prior review, especially when GC is not familiar with or licensed for said product /process /installation or has not been part of the design/procurement process.

·  All labor QUALITY LEVELS default to matching existing adjoining styles, forms, consistencies, and finishes surrounding install if grade/quality/expectation is not expressly specified in a design document and/or paid for as an upgrade.

·  Clients acknowledges that using novel or personalized approaches as design-as-you-go, requesting multiple design /construction conversations /changes either before or after install, applying atypical approaches or a cut-and-fit targeted demo to “salvage”, reuse, reduce and recycle or using second use /repurposed items WILL RESULT IN HIGHER OVERALL labor, rework, repair and/or retrofit costs and may be suboptimal or inconsistent with existing fit and finishes.

·  Any guarantee, warranty, or maintenance service will be void following any requests, demands, or situations from client to deviate, alter, or modify construction industry standards, best practices, or manufacturer’s installation guidelines.

·  Unless explicitly requested by homeowner, GC to remove all items brought on site for safety and to prevent collateral damage when completed with tasks/project.

·  A material deposit is required to start work. Confirmation of schedule can only be determined after deposit is made.

· No more than 10% of any labor invoice(s) for past work may be retained at any time until completion.

·  GC reserves the right to procure project items, materials, and equipment rentals through various wholesalers of its choosing that simplify procurement process, expedite delivery at work site, provide adequate substitutions, facilitate installations, provide better margins, and integrate with current project management and billing platforms.

‍ ·  All overhead, margins, site management, procurement, transportation, WST, and other regulatory fees to be added at invoicing.

‍ ·  Financing is available through third-party lenders/partners. GC reserved the right to start the payment collection process and report unpaid invoices to Credit Reporting Agencies after a 30-day delinquency.

‍ ·  STANDARD OF CARE: GC shall perform services with the degree of skill ordinarily exercised by competent professionals under similar circumstances, based on conditions and information known at the time services are rendered, not what might later become apparent with hindsight. GC shall not be liable for information not actually known to GC at the time services are rendered. The selection and application of standard means and methods necessary to complete the work shall not be held against GC if such approaches result in higher costs than anticipated, as selection of appropriate techniques is based on professional judgment to complete work expeditiously or to reduce risk, rather than on cost minimization.

·  A General Liability insurance (for accidental property loss) of 1 million dollars is provided during project.

·  GC has the right to review, cure or remedy ALL issues, defects, or claims brought by Client prior to ANY other options granted to Client under the law or before claims made to GC’s Liability, Bond or separately purchased builder’s Performance/bond rider insurance policies.

‍ ·  All warranties become void upon ANY other unauthorized person(s) (whether licensed or unlicensed) performing modifications, penetrations, and/or appendages to contracted work herein without express authorization from GC or its affiliates at any time while warranty is in effect.

‍ ·  At no time will there be an expectation of project completion or an implied promise of finalization other than the time it takes to complete desired work on a Time and Material/Cost-plus-reimbursement basis.

‍ ‍·  GC reserves the right to reorganize or suspend work, reschedule labor, or opt out of continuing to work until invoice payment is paid in full on invoices for previously performed work and material delivered/used on site.

‍ ·  LATE PAYMENT COLLECTION PROCESS: Regardless of conditions of work, scheduling timeline, or completion level, 10 days after an original invoice is sent, a Follow-up invoice with a fee will be sent with interest charges commencing. If payment remains outstanding 20 days after Follow-up invoice, GC will exercise his right to report late payment to credit bureau, start the mechanical lien process as a Washington State registered contractor to file a mechanic's lien on the property, start accruing labor and other legal expenses in the pursuit of payment.  All costs associated with the late payment collection process will be added to the invoice’s amount due.

‍ DISPUTE RESOLUTION PROCESS: 

‍ · GC reserves the right to unilaterally assign these terms and conditions to a third party or subcontractor of its choosing at any time. This assignment may include transferring project performance obligations, transferring project risks, conveying payment rights, or allowing a third party to jointly participate in payment collection activities.  Client has the right to, either for cause or convenience, terminate contract or stop the work at any time for any reason.

‍ · Mediation /Binding Arbitration: If payment remains outstanding or claim is made, the matter will proceed, at the GC’s discretion, to mediation and/or binding arbitration. The Certified/Accredited Mediator and/or Arbitrator will be selected by GC. The Arbitration decision will be binding on both parties.

‍ · Legal Action: If arbitration fails to resolve the dispute, GC or client reserves the right to pursue legal action. Venue for any legal proceedings shall be in Washington State courts, Puget Sound area.

‍ · Costs and fees: Client to pay all costs associated with collection efforts in the pursuit of payment. This includes but is not limited to: Mechanical Liens, Filing fees, Attorney fees, Arbitration costs, Court costs, Collection agency fees, and Interest charges.

‍ · Any ambiguity or error in the interpretation of this Agreement shall be construed according to the plain meaning of the language used, and not be interpreted against the party who drafted this Agreement

‍ · These terms are deemed accepted upon a deposit made, design service delivered, and/or commencement of work on site.