Promises & Conditions - Herboth Remodeling



Promises & Conditions

1. Contractor shall do all work in good, workmanlike manner. Contractor shall be responsible for and shall, at Companies own expense, provide efficient, qualified workers required for the performance of the work, and shall pay all unemployment, workmen’s compensation, Social security, and other employment taxes connected herewith and also provided public liability insurance related to the work.

2. Contractor shall pay for and obtain all permits necessary for the work except as otherwise specified. Contractor guarantees that all materials supplied by the Corporation will be of standard quality, will be installed or applied in a good workmanlike manner. Such labor and materials guaranteed for a period of One year from the date of substantial completion, when subject to normal use and care and provided Owner has complied in full with terms and payments and other conditions of this contract. The liability of Contractor for defective material or installation under this section is hereby agreed limited and installation thereof and no other claims or demands shall be made upon, or required to be allowed by the Contractor, nor is the Contractor liable for any consequential damages due to the above mentioned defective material and / or labor. Assemblies and units purchased by Contractor and Included in this contract are sold and installed subject only to the manufacturer’s or distributor’s guarantee or warranty, not the Contractor’s.

3. Contractor will keep said premises free from all mechanics’ and other liens by reason of any materials or labor to be furnished to him by others. Nothing herein or in said note shall prevent the Contractor from timely filing a mechanic’s lien on his own behalf to secure payment of the money to become due under this contract should the Corporation deem it necessary.

4. Contractor shall remove and dispose of all construction rubbish upon completion of the work and shall leave the premises in a broom-clean condition.

5. Without invalidating the contract, Owner may order extra work by the use of a change order, if signed by Owner and Contractor. If the Amount for such extra work does not appear on the change order, the price shall be the Contractor’s current posted labor billing rate plus materials and / or sub-contractors' at the actual cost, plus 20%, and this sum shall be paid upon substantial completion of the extra work.

6. Contractor change orders must be signed to proceed with extra work not written down in the original contract and are issued to home owner for these reasons:

1) Extra work due to unforeseen problems on the project that are not described within the original contract.

2) Extra work due to conditions described in paragraph 13.

7. Owner warrants that he / she owns the real property upon which the work is to be performed.

8. Contractor calls attention of the Owner to the limitations of patching plaster and, while Contractor shall make every effort to match existing textures, colors and planes, exact duplications cannot be guaranteed.

9. Unless specified included in the contract, Contractor shall not be responsible for any damage to plaster or chimneys incurred during house leveling or installation of new foundations.

10. No painting, varnishing or staining is included unless specified in the contract. Nor shall Contractor furnish wallpaper and / or light fixtures unless specified in the contract. No drywells or sewer connections are included nor are any disposals for gutter downspouts included unless specified in the contract.

11. Contractor shall not be responsible for expansion cracks in Concrete work.

12. Owner promises to remove any shrubs, flowers, or trees which would hinder the work or might be damaged thereby, and Contractor is not responsible for damage to lawn and landscaping caused by normal work procedures.

13. Contractor calls attention of the Owner to the possibility of presently existing conditions at job address which may violate code or other regulations. Owner agrees to pay Contractor for any additional work by Contractor to complete the contract necessitated by any official inspector requiring such additional work to correct violations, Owner further agrees that should prevailing building codes require additional items be done, other than those specifically contracted for, such items are to be done by Owner or priced as extras to the Owner by Contractor.

14. Change of electrical service is not included in this job unless specified. In the event the electrical inspector requires a service change to perform electrical work as specified in contract, Owner agrees to pay for such work as specified in paragraph # 5.

15. Property Lines – Owner shall indicate to the Contractor the corners of the property and shall assume all responsibility for accuracy of markers. Owner shall advise Contractor of any restrictions, easements, or rights-of –ways prior to commencement.

16. Owner promises to remove from area of interior construction all items which might be in Contractor’s way. Contractor will not be held liable for any damage to items not removed from this work area.

17. Owner promises to cooperate with Contractor and lending institutions in submitting the standard information required for obtaining financing and Contractor’s payment(s) and by signing (without delay) all reasonable and proper instruments, completion certificates, and other papers required by financial institutions including State D.V.A. Owner agrees that “Substantial Completion” referred to in contract means that the work agreed upon in contract is generally completed except for:

1) A delay in delivery and / or installation of item(s) specifically requested by owner.

2) Where there is a call-back for repairs pending.

3) Where there is a delay in final inspection being made because of items (1) and / or (2) above.

4) Where there is extra work involved. And in no case will Owner withhold more than the cost of labor and material for the unfinished portion of mention items from the balance on substantial completion payment.

18. In the event Owner cancels this contract before the work is commenced, but after the expiration of any rescission period required by law, Owner shall pay to Contractor 20% of the contract price as stipulated damages for so breaching the contract.

19. Any controversy or claim arising out of or relating to this contract, of the breach thereof, shall be settled by arbitration in accordance with the Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitration(s) may be entered in any court having jurisdiction thereof.

20. This written contract with any disclosure statement furnished pursuant to federal regulations, constitutes the complete integration of the statements, agreements, and discussions relating to the work and contract, and there are no representation, quantities, or warranties other than those expressly incorporated herein, nor are there any agreements collateral hereto, nor is this contract dependent upon or subject to any conditions or approvals precedent or subsequent, not herein stated. Contractor may assign this contract and the assignment shall be binding upon the heirs, successors, or estates of the parties. Notice: Any holder of this consumer credit contract is subject to all claims and defenses which the Debtor could assert against the seller of goods or services obtained pursuant hereto or with the proceeds hereof, recovery hereunder by the Debtor shall not exceed amounts paid by the Debtor hereunder.

Initial that you have read this contract __________.

Construction Notices: / / 2008

Property address: .

AT THE REQUEST OF: W.M. D. Herboth Remodeling Inc. (CCB# 57089) will provide construction services.

THIS IS NOT A LIEN: This notice is sent to you to tell you under Oregon State law, those who furnish labor, professional services, materials, or equipment for the repair, remodel, or alteration of you owner-occupied principal residence and who are not paid, have a right to enforce their claim for payment against your property. This claim is known as a construction lien. The law limits the amount that a lien claimant can claim against your property. Claims may only be made against that portion of the contract price you have not yet paid to your prime contractor as of the time this notice was given to you or three days after this notice was mailed to you. This notice is sent to inform you that we have or will provide professional services, materials or equipment for the repair, remodel, or alteration of your property. We expect to be paid by the person who ordered our services, but if we are not paid, we have the right to enforce our claim by filing a construction lien against your property. Learn more about the lien laws and the meaning of this notice by discussing them with your contractor, suppliers, Oregon Construction Contractors Board, the firm sending you this notice, your lender, or your attorney. WM. D. Herboth Remodeling Inc. protects our customers from leans from subcontractors and suppliers as stated in paragraph three.

NOTICE OF PROCEDURE: Oregon law contains important requirements that homeowners must follow before starting an arbitration or court action against any contractor, subcontractor, or supplier (materials or equipment) for construction defects. Before you start an arbitration or court action, you must do the following: 1) Deliver a written notice of any conditions that you believe are defective to the contractor, or supplier that you believe is responsible for the alleged defect. 2) Allow the contractor, subcontractor, supplier or its agent, to visually inspect the possible defects and also allow the contractor, subcontractor, or supplier to do reasonable testing. 3) Provide the contractor, subcontractor, supplier, or its agent, the opportunity to make an offer to repair or pay for the defects. You are not obligated to accept any offer made. There are strict procedures and deadlines that must be followed under Oregon law. Failure to follow those procedures or meet those deadlines will affect your right to start an arbitration or court action.

CONSUMER PROTECTION NOTICE: 1) Make sure your contractor is properly licensed before you sign a contract by going on line to or call the Oregon Construction Contractors Board (CCB) at (503) 378-4621. A licensed Contractor is required to have a surety bond, which is meant for the payment of damages in contract disputes, and liability insurance, which is meant for property damage and bodily injury caused by the contractor. If your contractor is not licensed the C.C.B. bond and dispute resolution services will not be available to you. 2) Always get bids, the contract, and changes to the contract in writing. Make sure the business name, date, C.C.B. number, and contact information are included on any written document related to the project. A low bid may make it necessary for the contractor to use lower quality materials and cut corners in workmanship. Contracts should be as detailed as possible and before you sign a contract make be sure you read and understand it. 3) A payment schedule should be included in the contract and never pay in full for a project before the work is complete. 4) If you should have a problem with your contractor you can file a complaint with the C.C.B. against a licenced contractor within one year of substantial completion of work done on your project. Contact the C.C.B. at (503) 378-4621 for help.

Your contractor is supplying these notices to you as required by Oregon law.

__________ (Initial) has read and understands the above notices.

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