|Please read all Contract Documents carefully before signing and returning copies of the Signature Page and the Notice to Owner.
CONTRACT SUM: *
TIME OF COMMENCEMENT:
TIME OF COMPLETION:
* Should any work be added, deleted, or changed, Contract Sum would be subject to change.
Owner and Contractor agree as follows:
SCOPE OF WORK
1.01. Contractor shall perform, furnish and pay for all labor, supervision, materials, equipment, tools, supplies, and other property and services necessary to timely and fully perform and furnish or cause to be timely and fully performed and furnished in a good and workmanlike manner the construction required by the Contract Documents enumerated above (the "Work"). The Work may be amended from time to time as provided in this contract. The Work, as it may from time to time be amended, shall be completed in strict accordance and conformity with and shall be subject to the Contract Documents. Contractor acknowledges (i) examination and study of the Contract Documents, (ii) personal inspection of the Project site and (iii) full understanding of the scope of the work required by this Contract and hereby represents to owner that the Contract Documents are completely adequate in every respect to complete the Work and each component part of the Work for the Contract Sum.
TIME OF COMMENCEMENT AND COMPLETION
2.01. Contractor shall commence and complete the Work in accordance with the dates set forth above. Contractor agrees that the Contract Sum is sufficient to assure completion of the Work by the time of Completion set forth above. Conditions at the job site may delay time completion of the Work. Conditions of this type are enumerated in this contract. Delays caused by these enumerated conditions shall not constitute a breach of this Contract for failure to complete by Contract deadline. Contractor shall notify Owner in writing of the actual construction commencement date. Time is of the essence in this contract.
3.01. In consideration of Contractor's timely performing and furnishing the Work and Contractor's compliance with this Contract, Owner agrees to pay to Contractor, and Contractor agrees to accept from Owner, as full payment for the Work and as a complete discharge of Owner's liability to Contractor, that sum enumerated above. Contractor shall pay all federal, state and local taxes and levies (including, without limitation, sales, use and excise taxes and levies) applicable to the Work, and the Contract Sum shall not be increased as a result of Contractor paying such taxes and levies.
PAYMENT OF CONTRACT SUM
4.01. On the basis of Applications for Payment submitted to Owner by Contractor, Owner shall make progress payments on the Contract Sum to Contractor, as the Work progresses, in the following manner:
A) All applications for Payment shall be submitted in writing by Contractor.
B) On a weekly basis, contractor shall submit to Owner an Application for Payment setting forth the percentage of each component part of the Work completed as of the end of the preceding week. Each application for Payment shall state the amount Contractor has been paid as of the date of such Application for Payment and the amount applied for and any other claims by Contractor against Owner. Owner may require in addition thereto such affidavits and/or any other evidence which Owner in its sole discretion deems necessary in order to substantiate Contractor's claim and any other claims by Contractor against Owner. After review and approval of said Application for Payment, Owner shall promptly pay to Contractor the requested sum less any disputed amount with written explanation of deleted amount.
C) Contractor shall submit to Owner, at cost, if Owner requests, photographs of the Project site with each Application for Payment to assist Owner in determining the extent of the Work completed.
4.02. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by Owner to Contractor following the occurrence of all of the following: (i) the Work has been fully completed to Owner's satisfaction, (ii) Contractor has fully complied with all terms and provisions of this Contract, (iii) all warranties and guarantees required by the Contract Documents have been received by Owner, (iv) final or total lien waivers, with the amount of payment to the party so waiving clearly shown and in a form approved by Owner and covering the entire amount of the Contract Sum, have been received by Owner, (v) a list of all subcontractors (including addresses and telephone numbers) performing any portion of the Work has been received by Owner, (vi) the complete approved (by all applicable governmental bodies) set of Contract Documents maintained at the Project site has been received by Owner, (vii) a permanent Certificate of Occupancy or equivalent has been issued by the appropriate governmental authority(ies), (viii) a final Application for Payment has been reviewed and approved by Owner and (ix) Contractor's affidavit that all payrolls, bills for subcontractor work, materials and equipment and other indebtedness connected with the Work have been paid has been received by Owner.
Payments may be withheld as a result of (i) defective work not remedied, (ii) claims filed, (iii) failure of Contractor to make payments properly to subcontractors or for labor, materials or equipment, (iv) damage to Owner or another contractor or (v) persistent failure to carry out the Work in accordance with this Contract. The amount the owner may withhold will not exceed the estimated value of the work needing remedies, claims filed, subcontractor fees, or damage. The withholding must be explained in writing to the Contractor.
5.01. Owner, at any time after execution of this Contract, shall have the right by written and signed by owner Change Order, to order changes in the Work (including, without limitation, alterations in, additions to or deviations or omissions from the Work). The ordering of any such changes, regardless of their magnitude, shall in no way invalidate this Contract and such changes shall be governed by the terms of this Contract. Owner is advised that approval of a change order might result in a delay of the completion of the job.
5.02. Contractor is herewith put on notice that no representative of Owner is authorized orally (verbally) or in any other way than by written and signed Change Order to order any change in Work. Failure of Contractor to obtain a written and signed Change Order shall completely bar Contractor from obtaining additional compensation with respect to any change. Contractor has the full right and power to refuse to implement any change if Contractor has not received a written and signed Change Order.
5.03. If a change ordered by a Change Order affects the cost of performing the Work, the Contract Sum shall be adjusted in accordance with the provision of the Change Work Order, subject to the following:
A)Additional work will be charged at Contractor's cost thereof (evidenced by appropriate invoices or bills therefore) plus an allowance of fifteen percent (15%). Such allowance shall be full compensation to Contractor for Contractor's supervision and general job expense, overhead and profit with respect to said work.
B)For omissions in the Work, the Contract Sum shall be reduced by the amount of savings in cost, computed on the same basis as provided in "(A)" above for additional work, except that the percentage allowance for Contractor's supervision and job expense, overhead and profit shall not be added to the reduction.
INSURANCE AND INDEMNITY
6.01. Contractor shall indemnify, defend and hold harmless Owner and its agents and employees from and against all claims, demands, liens, damages, losses and expenses, including, without limitation, reasonable attorney's fees, arising out of or resulting from the performance (negligent or otherwise) of the Work by Contractor, any subcontractor or by any other person or entity directly or indirectly employed by any of them. Except for changes
resulting from conditions which Contractor has listed under paragraph 9.14 - (Contractor's Conditions). The Contractor has specifically limited his liability with respect to those listed conditions and the Owner accepts responsibility and will not seek indemnity from Contractors for damages arising out of those listed conditions.
6.02. If (i) any lien or claim which may ripen into a lien is made or filed against the property comprising the Project site as a result of the prosecution of the Work, and (ii) Contractor fails to settle such lien or claim to Owner's satisfaction (including the recording of a full release if a lien has been recorded) within the (10) days after written notice from Owner, then Owner may, as its option, settle such lien or claim directly with the holder thereof and deduct all costs and expenses associated with such settlement from the Contract Sum hereunder.
CORRECTION OF WORK
7.01. Contractor shall promptly correct any Work (i) rejected by Owner as defective or failing to conform to the Contract Documents, whether observed before or after completion of the Work or (ii) found to be defective or non conforming within a period of one year from the date of completion of this Contract or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents. If Contractor fails to so correct such Work, Owner may deduct the value thereof from the Contract Sum. This Section 7.01 shall apply to Work done by subcontractors as well as to Work done by direct employees of Contractors and shall survive the termination of the Contract.
7.02.Contractor's warranties other than those provided by individual product manufacturers shall be per section 7091 of the Contractors License Law which states: (a) A complaint against a licensee alleging commission of any patent acts or omissions that may be grounds for legal action shall be filed in writing with the registrar within four years after the act or omission alleged as the ground for the disciplinary action. An accusation or citation against a licensee shall be filed within four years after the patent act or omission alleged as the ground for disciplinary action or within 18 months from the date of the filing of complaint with the registrar, whichever is later, except that with respect to an accusation alleging a violation of Section 7712, the accusation may be filed within two years after the discovery by the registrar or by the board of the alleged facts constituting the fraud or misrepresentation prohibited by the section.
(b) A complaint against a licensee alleging commission of any latent acts or omissions that may be grounds for legal action pursuant to subdivision (a) of Section 7109 regarding structural defects, as defined by regulation, shall be filed in writing with the registrar within 10 years after the act or omission alleged as the ground for disciplinary action. An accusation and citation against a licensee shall be filed within 10 years after the latent act or omission alleged as the ground for disciplinary action or within 18 months from the date of the filing of the complaint with the registrar, whichever is later, except that with respect to an accusation alleging a violation of Section 7112, the accusation may be filed within two years after the discovery by the registrar or by the board of the alleged facts constituting the fraud or misrepresentation prohibited by Section 7112. As used in this section "latent act or omission" means an act or omission that is not apparent by reasonable inspection.
(c) An accusation regarding an alleged breach of an express, written warranty for a period in excess of the time periods specified in subdivisions (a) and (b) issued by the contractor shall be filed within the duration of that warranty.
TERMINATION OF CONTRACT
8.01. If Contractor fails or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of this Contract, Owner may, at its option and without prejudice to any other remedy it may have, pursue any one or more of the following remedies after seven (7) days' prior written notice to Contractor:
(i)Terminate this Contract, in which event Contractor shall immediately surrender the Project site to Owner and Owner may, at its option, complete the Work by what- ever means it may deem expedient, and if the unpaid balance of the Contract Sum is less than the expense of completing the work, Contractor shall pay the difference to Owner.
(ii)Make good such deficiencies through any corrective means it chooses and immediately deduct the cost thereof from any payment then or thereafter due Contractor.
The parties to this Construction Agreement establish this dispute resolution section to resolve any misunderstanding, concern, dispute, or question about this agreement and/or the related construction work, in a prompt, efficient, and cost-effective framework. The first, if any, attempt at resolution will be by an agreed-upon mediator. If the result of mediation is unsatisfactory to either party, the dispute will be subject to arbitration.
i) - MEDIATION
Should there be any misunderstanding, concern, dispute, or question about this agreement and/or the related construction work, the parties agree first to try in good faith to resolve the dispute by mediation with a neutral mediator knowledgeable and familiar with the professional building industry with at least ten years experience in the field of residential remodeling. If a mediation organization was required, rather than an individual, it would be necessary for at least one member of this organization satisfy the preceding criteria. The mediation would be governed by the Construction Mediation Rules of the American Arbitration Association.
(ii) - ARBITRATION
Any controversy not resolved by mediation, arising out of the construction of the structure referred to in this contract or regarding interpretation of this contract or any sub-subcontract, is subject to arbitration. Owner, Contractor, and all subcontractors, sub-subcontractors, materials suppliers, and other parties concerned with the construction of the structure are bound, each to the other, by this arbitration clause, provided the party has signed this contract, a contract that incorporates this contract by reference, or any other agreement to be bound by the arbitration clause. On demand of the arbitrator or any party to an arbitration initiated under such provisions, Contractor and all parties bound by this arbitration provision agree to join in and become parties to and be bound by such arbitration proceedings. The arbitration shall be governed by the Construction Arbitration Rules of the American Arbitration Association.
If there is no arbitration provision in the contract between the Owner and the Contractor, arbitration shall take place in accordance with the Construction Industry Rules of the American Arbitration Association that are in effect at the time of the arbitration.
If any party refuses or neglects to appear at or to participate in arbitration proceedings, the arbitrators are empowered to decide the controversy in accordance with whatever evidence is present by the participating party or parties. The arbitrators are authorized to award any party or parties such sums as they deem proper for the time, expense and trouble of arbitration, including arbitration and attorney's fees.
9.01. Contractor shall maintain at the Project site a complete approved (by all applicable governmental bodies) set of the Contract Documents and shall deliver the same to Owner upon completion of the Work.
9.02. Contractor shall be responsible for the receipt, storage and security of all material, fixtures and equipment delivered to the Project site until Contractor's completion of the Work and acceptance thereof by Owner.
9.03. Owner shall have access to the Project site at all times for the purposes of inspecting the Work and otherwise preparing the premises for occupancy.
9.04 Contractor shall erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities.
9.05. Contractor warrants to Owner that all materials and equipment furnished under this contract will be new unless otherwise specified, and that all Work will be of good quality, free from faults and defects and in conformity with the Contract Documents. Contractor shall comply with all applicable codes, ordinances, laws, restrictions, guidelines, etc. All Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by Owner, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.
9.06. This Contract shall be governed by the law of the State of California.
9.07. Owner and Contractor bind themselves, their successors, assigns and legal representatives to the other party hereto and to the successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations and contained herein and in the Contract Documents. Neither party to this Contract may assign the Contract or sublet it as a whole without the written consent of the other, not shall Contractor assign any moneys due or to become due to him hereunder, without the previous written consent of Owner.
9.08 All notices hereunder must be in writing. Any notice required or permitted to be delivered hereunder shall be deemed delivered, whether actually received or not (i) when sent by Western Union Mailgram or equivalent or (ii) when deposited in the United States Mail, postage prepaid, Registered or Certified Mail, Return Receipt Requested, addressed to the parties hereto at the respective addresses set out above, or at such other addresses as they have heretofore specified by written notice delivered in accordance herewith.
9.09. Contractor shall not allow the creation or maintenance of any lien or encumbrance against the materials or equipment used in the Work.
9.10. The duties and obligations imposed by this Contract and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.
9.11. If either party incurs any expense, including reasonable attorney's fees, in connection with any action or preceding instituted by either party by reason of any default or alleged default of the other party hereunder, the prevailing party in such action or preceding shall be entitled to recover its said reasonable expenses from the other party.
9.12. Any provision or provisions of this Contract which shall prove to be invalid, void or illegal shall in no way affect, impair or invalidate any other provision hereof, and the remaining provisions hereof shall nevertheless remain in full force and effect.
9.13. This Contract merges and supersedes all prior negotiations and understandings between the parties and constitutes their entire agreement. It may not be changed or amended except by writing executed by the authorized persons of the parties.
Introduction: With the assumption that few plans and specifications are complete, the following serves as a list of assumptions, default positions, and other provisions as a guideline as to what to expect during a construction project.
Access to Job Site
The Contractor expects to receive reasonable access to the job site, structures and work areas. Access shall include, but not be limited to, keys to doors, gates and locks and security access codes to security systems. Reasonable access shall be provided Monday through Friday, 7:00am through 4:00pm. For safety and emergency purposes, access should be provided 24 hours per day for the duration of the project. If access to the job site is limited or denied, for reasons beyond the control of the Contractor and this inaccessibility delays the Contractors work or that of designated subcontractors, then a Change Order shall be presented for the total cost of the delay. Costs may include, but are not limited to, JHC personnel hourly rates, hourly rates of subcontractors and delivery or restocking charges.
The following clause may apply to some projects: If a prehistoric or historical archaeological find is encountered during project construction, work in the vicinity of the find shall be immediately halted, and a qualified archaeologist shall inspect the site to determine the significance of the discovery. Appropriate mitigation measures shall be carried out in such a way so as not to interfere with the timely completion of construction. Owner will pay all costs incurred by delay, exploration, removal and replacement of workers and equipment resulting from any mitigation measures. Owner shall also pay all costs of any required mitigation measures.
Contractor's scope of work shall not include the identification, detection, abatement, encapsulation or removal of asbestos or similar hazardous substances. In the event that Contractor encounters any such products or materials in the course of performing his work, Contractor shall have the right to discontinue his work and remove his employees from the project until no such products or materials, nor any hazard exists, as the case may require, and Contractor shall receive an extension of time to complete his work hereunder and compensation for delays encountered as a result of such situation and correction.
The necessity of safety precautions, such as, but not limited to, taping plastic barriers to walls, etc., can involve some damage to wall and floor coverings, such as, but not limited to paint, wallpaper, carpet, etc. Customer understands this and will be responsible for all such damage.
Please be advised that unless otherwise specified, our bid does not include a finish sealer coat. If you want a sealer coat on your finished concrete surface it will be provided at an extra cost. This product is hand-crafted and the end product varies from one job to the next due to geographical location and conditions. We advise all our customers to look at as many applications of our product near their project as possible and be aware of the fact that their particular installation might vary from what they have seen.
Please be advised that concrete can and often does crack after installation, even though great care is taken to create control joints to prevent cracking.
Consultations / Design Recommendations
When architectural or structural design recommendations are required after work has begun, JHC will defer all design related questions to the project architect or engineer. In the absence of an architect or engineer, the owner shall direct all such inquiries to the job superintendent or Jeff Hicks only. Laborers, carpenters, foremen or subcontractors are not qualified to address architectural or structural design issues. The contractor shall not be bound to any recommendations solicited from these personnel.
When working on damaged structures such as, but not limited to, buildings or decks, not all damage is accessible and/or visible. The Price in this Contract is for observed damage only. Should additional damage be discovered upon further investigation, Contractor will repair it on a Time and Materials basis, or provide an estimate for the cost of repairs. Owner is liable for any extra costs incurred due to proposed work not being completed through no fault of Contractor. Extra costs include, but are not limited to, mobilization, move-in, move-out, and returning purchased goods. Some factors that may affect completion of work are, but not limited to, lack of funds, unanticipated costs, need for further investigation, and bond requirements.
Decks, cantilevered joists:
Cantilevered floor joists extending beyond the waterproof envelope of the structure and used as deck joists create an opportunity for moisture and decay infiltration to the interior of the structure. The Contractor shall provide methods and materials (flashings, sealants, caulking etc.) in accordance with industry standards in order to minimize this risk. However, the Contractor can not guarantee this construction practice from leakage or decay.
Delivery of Material
Reception/Inspection of delivered materials: In order to insure that critical materials delivered to the job site arrive and remain in good condition, JHC highly recommends the following procedures take place: Receive, inventory, unpack, clean, inspect, repack, protect and safely store the products on the jobsite. However, in the interest of being competitive with other bidders, this service is NIC. JHC is therefore not responsible for defects or blemishes on items such as, but not limited to, windows, glass, plumbing & electrical fixtures and appliances which occur prior to installation.
During the demolition phase of construction, all workers will be specifically directed to take every prudent measure to prevent damage to interior finishes not otherwise affected by construction in progress; (i.e. a common wall upon which work will be performed on one side and not the other). However, plaster, sheetrock, paint, and tile are particularly fragile and sensitive to vibration and impact, which are inherent components of demolition work. Any inadvertent damage done to walls, ceilings, floors, etc., not directly involved in the construction process and not caused by neglect or carelessness, may be repaired by the Contractor pursuant to Change Order.
All existing concrete to be removed is assumed to be of standard proportions and strength. Unless otherwise specified, existing slabs are assumed to be no thicker than 4" and contain no more reinforcement than one layer of 6-6-10-10 wire mesh or #3 bar at 18" O.C. Any piers or other hidden concrete not noted in plans and specifications may be an extra to remove.
Owner to provide a maximum of 5 sets of architectural/engineering blueprints for bidding and construction purposes.
Owner to provide location of water pipes, sewer or septic lines, electrical conduit and wires, gas lines and any other buried structures not visible before excavation.
Owner to provide exact sections, details and locations, heights and widths of items such as, but not limited to, switches, outlets, windows, doors and fireplace trim. These dimensions are crucial for the efficient execution of job. If the contractor or foreman becomes involved in the process of locating these items, there will be an extra charge for design and consultation at rates listed at the end of this document.
Many plans do not have all dimensions numerically specified. "Scaling" the plan is not permitted, and owner/designer takes responsibilities for any inaccuracies inherent with such dimension determinations. All details not specified and not resolved after consultation with the Owner will be left up to the discretion of Contractor. Additional work required as a result of missing necessary numeric dimensions will be resolved by Change Order.
Some plans and specifications may conflict with laws and codes which we are required to follow. At such time as these discrepancies are discovered, a change order will be provided to conform to the requirements of those jurisdictions affected.
Doors & Gates (Please also see "Door Pan Installation" below).
Wood doors and gates, even when sealed according to industry standards, exposed to extreme weather conditions (i.e., heat, cold, moisture) are subject to cracking, warping, cupping and internal movement beyond our control and are therefore not covered under warranty by us or the manufacturer. Exterior doors, including screen doors, should be sealed on all six sides. Paint must be applied to at least 1/16" of glass inside and out on all sides of any wood windows or doors with lites. Any sanding, touching up, repainting after initial standard sealing will be charged as an extra. Galvanized sheetmetal should be installed under all exterior door thresholds and incorporated with the door flashing paper. Not all design professionals provide these items with their specifications. However, they are recommended.
Some types of weather stripping need to be replaced due to wear. These should be checked periodically. Wood doors that contain one or more lites need to have paint periodically checked in order to maintain a proper weather barrier. Caulk and paint are regular maintenance items that need to be checked and kept up by the owner and are a necessity in maintaining the weather integrity of the structure.
Most major door manufacturer's recommend light colored finishes, overhangs and storm door applications when exterior doors are installed in areas exposed to direct sun or adverse weather conditions. Overhangs of one-half the elevation and venting South or Southwest facing storm doors to avoid excessive temperature build-up are recommended. JHC cannot warranty exterior doors installed contrary to these recommendations. For further warrantees and disclaimers on doors and information about their care and maintenance, please request our folder on door manufacturer's Product Recommendations and Warrantees.
Exterior pairs of French doors almost always leak and are not recommended.
Exterior access panels such as, but not limited to, crawl space access, attic access or mechanical access, unless designed or specified as a conventional exterior door, will most likely leak and can not be warranted.
For all doors and windows, please see manufacturer's warrantee.
Door Pan Installation
Door pans are installed as a flashing barrier to contain and direct water from beneath the door to the outside. The outlet must remain unobstructed to allow adequate drainage. Under no circumstances should the exterior joint between the new galvanized sheet metal door pan and the door threshold be caulked or otherwise sealed. This joint is a weep through which water may exit. If the drainage is obstructed, the door pan may fill and flood the adjacent flooring.
When referring to levels of finish as they pertain to drywall, the following terms and definitions are typically used;
b) Drywall notes: Critical (severe) lighting areas. Wall and ceiling areas abutting window mullions or skylights, long hallways, or atriums with large surface areas flooded with artificial and/or natural lighting are a few examples of critical lighting areas. Strong side lighting from windows or surface-mounted light fixtures may reveal even minor surface imperfections. Light striking the surface obliquely, at a very slight angle, greatly exaggerates surface irregularities. If critical lighting cannot be avoided, the effects can be minimized by skim coating the gypsum board surfaces, or by decorating the surface with medium to heavy textures, or by the use of draperies and blinds which soften shadows. In general: gloss, semi-gloss, and enamel finishes highlight surface defects; textures hide minor imperfections.
There is, and has always been, a surface texture and absorption difference between the drywall face paper and the joint cements used for concealment of joints, fasteners, and trims. Even with the best drywall finishing techniques, those surface differentials may be visible after painting. This problem is multiplied when severe side lighting is a factor, and when gloss finishes are applied. We recommend that Hamilton Prep Coat (or equal) be used, that, when applied over a properly finished drywall installation, Hamilton Prep Coat (or equal) will provide a surface uniform in both texture and absorption that is ready for decoration.
The finish of gypsum board walls and ceiling for specific final decoration is dependent on a number of factors. A primary architectural consideration is the location of the surface and the degree of decorative treatment desired. Painted and unpainted surfaces in warehouses and other areas where appearance is normally not critical may simply require the taping of wallboard joints and spotting of fastener heads. Blemish free, smooth, monolithic surfaces often intended for painted and decorated walls and ceilings in habitated structures, ranging from single-family dwellings through monumental buildings, require additional finishing prior to the application of the final decoration. Other factors to be considered in determining the levels of finish of the gypsum board surface are 1) the type and angle of surface illumination (both natural and artificial lighting), and 2) the paint and method of application, or the type and finish of wall covering material, specified as the final decoration.
At the commencement of drywall application, all items shall be protected by others. There shall be no installation of door jambs, trim, cabinets, flooring, tile work, electrical plugs and switches until completion of drywall work. All sheetrock areas to be patched shall be cut straight back to middle of stud by others unless stated above. Hamilton's Prep Coat or USG First Coat is highly recommended for first coat of paint. If sealed with other than Hamilton's Prep Coat or USG First Coat, painter assumes all responsibility for finish thereafter.
Virtually all construction work creates dust.
Recessed lights may blink out periodically as a function of heat buildup; this is the way they are designed in order to prevent fires. Installing the proper bulb, reducing the wattage of the bulbs or the temperature of the room can mitigate this annoyance.
Dimmer switches dissipate heat and may feel warm to the touch. This is normal.
Dimmer switches may cause light bulbs to hum or buzz. All solutions may incur additional cost to be paid by owner.
Temperature variations may cause flickering in fluorescent light bulbs.
Generally, the ballasts in all standard fluorescent fixtures may flicker and/or buzz. Electronic ballasts may alleviate this condition and are an extra cost.
Contractor is not responsible for faulty manufacturing of products installed.
Recessed light fixtures are not generally recommended for use where a heavy drywall texture is specified. Any work by drywall contractor and/or painter to custom fit trim kits over such texture will be billed as extra.
It is not the responsibility of the electrician or the General Contractor to waterproof any exterior light fixture unless specified. The Contractor cannot guarantee against water intrusion to the fixture or the connection at the junction box or facade attachment unless warranteed by the manufacturer. Contractor cannot warrantee the Building's waterproof membrane when exterior light fixtures are mounted on flush junction boxes that penetrate the siding. Most exterior light fixtures do not come with waterproof gaskets or waterproofing instructions. Some installation instructions recommend caulking. Gaskets and caulking break down. Caulking is only a temporary solution and is not considered standard practice if not specified in the contract documents.
The only way an exterior light fixture can be warranteed against leaking is if it is attached to an exterior surface mounted waterproof box that does not penetrate the buildings waterproof membrane.
Equipment (Time and Materials contracts only)
Any equipment and/or temporary facilities rented by the Contractor for use on the project shall be invoiced to Owner at the rental company invoiced amount. Owner shall also be responsible for the payment of any tools which are consumed or repaired in the performance of the work.
Existing house is assumed to be straight, plumb and level. However this is probably not the case and some adjustments will have to be made to tie in new to old. Where the existing architectural features, such as, but not limited to, doors, windows, railings, mantels, etc., are not straight plumb and level, JHC will verify with the owner or the owner's agent, the preferred method for installing new architectural features adjacent to similar existing features. What is found in walls, floors and ceilings may not be to code. If code violations are found in existing structure, these will be pointed out to owner with suggestions and options so that he/she may decide how to resolve violations.
The remodeling and rehabilitation of an existing building requires that certain assumptions need to be made regarding existing conditions. Specifically, some of these assumptions may not be verifiable without expending additional sums of money, and/or destroying otherwise adequate or serviceable portions of the building. Many houses may have hidden defects such as, but not limited to, dry rot, mildew, fungus, powder post beetles, termite, leaks, faulty wiring, code violations, improper framing, etc. We are not responsible for these or other defects and cannot be required to fix those which may be revealed upon opening of walls, floors, attics, subareas, crawlspaces. If these items can be corrected without charge as part of the initial scope of the project, we will do so. However, in many cases it will have been assumed that the particular area being worked on was properly constructed and therefore, a Change Order may be necessary to correct these defects.
Use of toilet, phone, water, gas and electricity is assumed. Owner's automobiles should be parked away from job, in order to avoid damage from dust, water, paint, falling objects and carried material. Contractor's employees are not allowed to move owner's vehicles unless possible damage is covered by owner's insurance.
"Bee Clause". Many properties have bee and yellow jacket nests that are unknown at the commencement of work. Work in their proximity can disrupt these colonies and cause problems with workers on the site. Our Workers Compensation will cover injuries to my employees; however, the cost of disruption of the job, the delay to return to work and the cost of extermination, if necessary, will be borne by the owner.
"Root Clause". During excavation or demolition of site structures (such as, but not limited to, flatwork paving, retaining walls, foundations, etc.) subsurface roots from local vegetation may be encountered. When substantial roots of 1" diameter or greater are found and cut, substantial damage may be inflicted to the associated plant. JHC strongly recommends consulting with an arborist to determine the actual plant affected, the plant's location and ownership, and the potential damage which may ensue if roots are removed or otherwise altered but left in place. Arborist consulting fees and time required to consult with an arborist are not included in this contract.
Rock Clause: If material is so large, heavy or cumbersome that it cannot be removed with a John Deere 455 Loader-Backhoe, then that part of excavation that requires other methods of removal such as, but not limited to, pneumatic jack hammer, hydraulic rock breaker, or dynamite, will be billed on a time and material basis less the cost for removal by normal means.
Some work done during the rainy season may cost more than summer time work. This should be clearly understood prior to commencement of work. Said projects may include but are not necessarily limited to, removing a roof
over a finished space or soil excavation.
Post hole excavation is typically accomplished with hand tools. In the event any obstructions are encountered, natural or otherwise, additional labor, equipment rental and/or materials required to remove the obstruction, such as but not limited to, jack hammer, two man auger or drill rig, etc., may be billed on a time and materials basis or may incur increased costs.
Drilling - Due to the fact that the conditions below the surface cannot be seen, certain assumptions are made in order to provide an estimate of cost. What follows is a list of circumstances that may alter the cost and how it will be billed should such circumstances arise:
a) Obstruction time shall be charged for drilling time or delay time due to any sub-surface obstruction other than natural geological formation.
b) In the event that caving soils, sub-surface water, hard-rock, etc., conditions (drilling refusal) prohibits us from performing the job in a normal manner (using our rock auger equipment), the work will stop. Any additional work requested by the engineer beyond that point will be done pursuant to Change Order. Drilling refusal: less penetration than 1 inch in 5 minutes.
c) In the event that drilling refusal is encountered before assumed drill depth, the footage we are short times the deduct price shall be deducted from the contract price. Any additional drilling beyond that point, if required, will be done pursuant to Change Order.
d) The add/deduct unit prices for any individual drilled shaft shall apply only when the variation from plan length does not exceed 15%. Any increase/decrease in excess of such amount shall be performed pursuant to Change Order.
The existing floor is to be refinished to match the original condition of existing floor as closely as possible.
It may not be possible to remove all imperfections in the existing floor. The refinished floor and new floors may not match exactly but the finishes will be applied to get the best finish possible, using a reasonable amount of labor, existing conditions and available materials.
Repairing unforeseeable defects or blemishes that may appear in the existing floor (i.e.: poor nailing, rotted underlayment, inadequate materials, urine and rust stains) will be an extra cost above and beyond the cost of the normal refinishing work. It is not known how many times the existing floor has been sanded, and re-sanding may expose nails, cracks, tongue and groove edges and other possible undesirable elements in the flooring material.
The homeowner is responsible for the protection and removal of all furniture and valuables. There will be excessive dust and care should be taken to seal off any adjoining rooms or covered objects. The contractor will not be held responsible for any property damaged due to improper removal or protection. There is a possibility that walls or baseboard may need painting touchup since we are using heavy equipment. We carry insurance for major damage.
Local hot spots (i.e., heater vents, south windows without blinds, refrigerator motors) may show gaps when the rest of the floor is moving as a unit remaining close and fine. The contractor has no control over these conditions, nor is there anything that can be done during installation and finishing to minimize this potential movement/ shrinkage, particularly visible with white, bleached or designer color floors and installation during the cold wet months or in unheated areas. Fine cracks can be filled easily and successfully a season or so later when they appear, but any major filling or repairs requiring extra coats of finish will not carry a warrantee.
White floors should be ordered by customers with the understanding that they are not as durable as a non-white floor. White floors will show all dirt, are prone to more expansion and contraction problems (i.e. buckling, cupping, and shrinking) and are much more of a risk than a natural or a brown stained floor. The customer agrees to assume the risk of subsequent repairs to white, bleached or designer floors. White floors require an extra coat of finish to give the same service expectations as natural or brown stained floors. Further, a first grade maple floor is comparably priced to a white floor. Maple is lighter in color than oak and has a pleasing burly character, grain and look. Maple is the most dimensionally stable wood available. This is why maple is used for high service gymnasium floors. Customers wanting a white stained floor should seriously consider maple.
Building shall be air and water tight prior to delivery of hardwood. Building should be heated 68 degrees continuously at least one week prior to delivery of hardwood and must be maintained for the duration of the job. Moisture content of subfloor will be analyzed prior to installation of wood.
All persons shall stay off floors for entire duration of job unless by prior agreement, scheduling and daily reconfirmation with contractor. Any intrusion upon floor by owner/contractor or their agents, pets, etc. causing problems (i.e. footprints) and necessitating work being redone, shall be done at owner/contractor expense. In general, stained and in particular, white floors are not "retouchable" if marked during finishing, and a footprint will necessitate beginning again from scratch and re-sanding, re-bleaching, re-staining and finishing the entire floor (i.e. starting all over again). Any such marks, shoe grease, water, oil, pet tracks or paint will be accepted by owner or be retouched and/or repaired, re-sanded, or refinished at owner/contractor expense. (Please note: bare feet or even slightly used socks are very acidic, and finishing materials adhere better to acidic surfaces. If you walk on raw wood floor it will not show until finish is applied and will then show as a very obvious footprint. If you must walk on the floor, please wear clean, white soled tennis shoes.)
If a new hardwood floor is to be installed, or an existing one refinished or altered, all thresholds and transition strips are Not in Contract unless otherwise specified.
New furnaces are safer than older models. Jeff Hicks Construction strongly recommends replacing or at least updating the safety features of an older furnace. The cost of testing the existing system for Carbon Monoxide leaks is not in the contract but is strongly recommended if the existing system is not being replaced. A "spill switch" may be recommended for a chimney vented appliance. These devices shut off the furnace if the chimney backdrafts or is plugged.
New furnaces are more efficient than older models and one of the methods used to increase energy efficiency is to increase the R.P.M. of the motor. The drawback to this is increased noise levels, which may affect the sensibilities and comfort levels of the individual owner.
If duct run locations and sizes are not specified by architect and/or mechanical engineer, installer will install in spaces available. This may result in lowered output and, depending on individual sensibilities, may not provide heat as anticipated. Please consult with mechanical engineer for optimal performance.
Adding duct runs to the existing system will slow the recovery time, so the house will take longer to bring back from a setback temperature to the desired temperature. The addition of a setback thermostat will turn the furnace on and off at desired times to anticipate the owners' needs for heat and compensate for recovery time.
(See also Used Materials)
Unless specified in plans or in writing, all door locks are assumed to be Schlage. Some manufacturers, such as, but not limited to, Baldwin especially , require up to 10 times the labor to install as Schlage.
Jeff Hicks Construction does not recommend the installation of interior hardware, such as, but not limited to, locksets, at exterior applications, such as, but not limited to, gates. The finishes are not designed for exterior use and they will fail, leading to the failure of the hardware itself. Contractor will install hardware in such a manner if expressly directed to by the Owner, but that work will carry no warrantee.
Any hazardous waste found on the job-site before, during, or after construction, is the sole responsibility of the homeowner. The General Contractor will not be responsible for handling, transportation, or disposal of any hazardous waste, unless specified elsewhere.
Hidden Conditions and Defects (also see "Existing Conditions")
Contractor will use its best efforts to discover any hidden conditions prior to the commencement of construction. However, any hidden conditions not reasonably discoverable prior to the commencement of construction which in any way interfere with the safe and satisfactory completion of the work will be corrected at additional expense to the Owner by Change Order.
Moisture may enter a wall, joist space, or attic space from a number of sources including, but not limited to, improper ventilation, leaking roof, leaking siding, and/or leaking moisture barrier. Uninsulated wall, floor, or ceiling spaces may allow moisture that enters the cavity to dry up prior to the formation of mold, mildew, or other symptoms. When insulation is added to these spaces it may act as a medium for trapping the moisture and allowing mold, mildew, or other symptoms to appear. In this case the insulation is acting as a barometer indicating a pre-existing condition. JHC is not responsible for repairing existing walls that fail in this manner after insulation is installed.
Labor or Materials, Changes in Cost of
If the services covered by this agreement have not been completed within 12 months of the date hereof, through no fault of off the Contractor, the amounts of compensation, rates, and multiples set forth herein may be equitably adjusted, by mutual agreement.
Some damage to landscaping may occur. Extent is indeterminable and contractor will endeavor to minimize the impact this work will involve. At the completion of this phase a separate bid will be provided, upon request, for any landscaping desired.
Any leaks alleged to be the result of JHC workmanship or other construction operations will be water tested by JHC to determine the source or cause of the leak. If the source of the leak is the direct result of JHC workmanship, materials or other operations, then JHC will be responsible for the initial water test, repair or corrective action and a subsequent water test to determine the effective correction. However, if the source of the leak is determined to not be the result of JHC materials, workmanship or other practices, then the cost of the water test shall be the responsibility of the owner.
Unless specified as certified kiln-dried lumber, all lumber has varying moisture content, which may result in some shrinkage, cracking, splitting and checking. Resulting gaps are considered normal and any replacement will be considered an extra. This will also affect any finishes that are applied to these materials. Contractor cannot warrantee against shrinkage in any lumber that is not certified as kiln-dried, or to the appearance of any finishes that are applied to same.
Redwood is a decay-resistant material; however, it is not recommended for use as a support member in contact with earth or concrete.
Pine and most hardwoods come from the mills in sixteen foot maximum lengths. Any lengths required greater than sixteen feet will be considered a custom order and will be billed as an extra. Grain pattern and figure will be matched as closely as practical when splicing lumber for trim work scheduled for stain or clear finish. As wood is a natural and variable material, JHC cannot guarantee that all splices and stain applications will match perfectly. Any requests for alternative matching or splicing will be billed as an extra.
"Copper Green," and other similar treatments and preservatives, are periodically used on wood products. These treatments reduce damage and deterioration usually caused by moisture. An odor is given off by many of these preservatives which may be annoying to certain people.
Efflorescence is a fine, white, powdery deposit of water-soluble salts left on the surface of masonry as the water evaporates from the materials. These deposits are a naturally occurring phenomenon in brick, tile, pavers and other clay products as well as stone and concrete products and can develop many years after completion of the work. Most efflorescence appears shortly after new masonry work is completed and often can be easily removed. Efflorescence
appearing years after the work has been completed may be an indication of an underlying moisture problem. The contractor cannot guarantee this process will not occur and therefore will not be responsible for remedial action necessary for removal or control of masonry efflorescence.
Quality of material will always affect the cost of the labor. In general, the lower the quality of the material, the greater the cost of the labor. It will usually take longer to work with inferior material than with material of a higher quality.
Materials and Fixtures Reception
Fixtures and materials delivered to the jobsite will be unpacked, inspected, and repacked at the earliest convenience. They will be inspected for complete parts list, for existing defects, and for damage caused prior to arrival to the jobsite. If any item is ordered by anyone other than the Contractor, i.e.. the Owner or the Architect, then the repair or replacement of the damage or defect will be handled at an extra cost. Any delay of the job due to the return of materials or fixtures or any products ordered by others will extend the completion of the job.
Windows and any other glass products will be cleaned upon arrival to the jobsite, in order to inspect for defects in the glass. Final cleaning of glass surfaces inside and out will be extra unless specified in the base bid.
Wood, stone, and other natural materials vary considerably. The installers will use their best professional judgment in selection and layout; however, any two installers or viewers of the installation may perceive a different, yet not necessarily "better", finished product. The owners, at their discretion, at probable additional cost, may participate in this process. For example: A sample of a particular stone material installed on the jobsite may not look like the same material the owners selected elsewhere. The veining, color, and clouding of all stone
materials will vary from piece to piece as well as within the same piece. If the material is not hand-picked by the owner, then materials complying with the specifications will be selected by the Contractor or Subcontractor. If the material is not acceptable to the owner, the owner will be responsible for any extra costs for extra materials, restocking, consultation, and delivery, as well as for any delay in the project. Such delays may be an extra cost.
All stone surfaces should only be cleaned with the following:
The following products and natural substances may damage the stone surface and any protective sealers that may have been applied:
Muriatic, sulfuric, or phosphorus acids and citrus fruits or juices should be avoided. Prevention will save a great deal of time spent on cures and remedies. Damages to stone or marble are often irreparable.
The alteration of a structure and the adding of new products to a building will change the "Sound" of a house. Wind may whistle, downspouts may make a new noise where there was no sound before, ambient noise may be amplified, etc. Acoustical engineering is generally not included in the base bid. When specified, JHC will include but not guarantee acoustical insulation. Any added acoustical engineering or sound attenuation devices will be extra.
Water dripping in downspouts may make noise which may be troublesome to some home owners. Possible solutions to this problem include, but are not limited to the following: Magnetic sponges, tar, adjust downspout out of plumb, removing 90 degree elbow at end of downspout, install chain rain water leaders, closed cell foam pads epoxied to 90 degree elbow. Unless specified in the drawings, these solutions are not included.
California Industrial Welfare Commission order 4-89, title 8, section 11040 of the California Code of Regulations states "... employees shall not be employed more than eight (8) hours in any workday or more than 40 hours in any workweek unless the employee receives one and one-half (1 1/2) times such employee's regular rate of pay for all hours worked over forty (40) hours in the workweek.
Owners agree they will not use subcontractors, contractors, laborers, suppliers, distributors, craftsmen, or other persons on this job except as provided by the General Contractor pursuant to the terms of this proposal. Any deviation must be approved by the General Contractor in writing and the owners may not hold the General Contractor responsible for the quality of the workmanship and materials utilized by these persons. The owners will also be responsible for any delay caused by the use of any outside contractor.
Owner, and not Contractor, is responsible for any additional architectural or engineering fees required by contractor or the applicable municipal governing body in order to satisfactorily complete the project, unless those fees are required due to the negligence of Contractor.
If the customer, its employees, contractors, and subcontractors, use tools, scaffolding, ladders, vehicles, equipment or property of any kind either rented or owned by Contractor, customer shall indemnify, defend and hold Contractor harmless for any and all claims, demands, damages, causes of action and suits of whatsoever nature and kind, arising out of or connected with the use of such tools, scaffolding, ladders, vehicles, equipment or property.
Contractor is not responsible for designer errors. Contractor is not responsible for the care, quality or maintenance of any current work being done or ordered by anyone other than Contractor and its subcontractors.
The necessity of safety precautions, such as, but not limited to, taping plastic barriers to walls, etc., can involve some damage to wall and floor coverings, such as, but not limited to, paint, wallpaper, carpet, etc. Customer understands this and will be responsible for all such damage.
The Owner has certain responsibilities to maintain, and after construction, continue to maintain various systems on his/her property that are not affected in any way by this contract. Such systems as, but not limited to, gutters, downspouts, drainage, paths, driveways, sub-areas, sprinklers, electrical, plumbing and roofs may sustain build up of dirt, mud, corrosion, leaves, etc., which can affect the proper functioning of such systems.
Painting old doors may require planing in order for them to open and close properly. No painting will be done below 50 degrees F. When doors are painted they will be painted on all six sides for complete sealing. If owner paints, owner is responsible for filling nail and screw holes and sanding between coats.
When removing wallpaper from walls, the wall surfaces may become damaged and may require sheet rock or plaster touchup before final finishes are applied. Unless otherwise specified, patching, mudding, taping or texturing of drywall or plaster surfaces prior to finishes is not included.
In order to match existing colors, both interior and exterior, paint and stains; the owner will provide the paint and/or specifications. Realizing that the age and usage of the existing wood will preclude an exact match. We will normally touch-up paint to an architectual break, i.e. an edge, a corner, a piece of wood, etc.
It is the responsibility of the painter to point out any defects in the finished wall after the prime coat has been applied. At this point, Contractor will either get approval from the owner to leave the defect or repair the defect. If a defect has received a finish coat of paint and the painting subcontractor has not pointed out the problem, the painter will be responsible for the repair.
Jeff Hicks Construction recommends back-priming exposed trim and siding boards. However, in the interest of being competitive with other contractors, back-priming is generally not be included unless otherwise specified.
Finishes on decks, steps, walking surfaces, rails & caps are not included in guarantee (peeling, blemishes, water marks, etc.). Insects occasionally get stuck in wet paint. This is normally beyond a painter's control. If the owner requires touchup due to bugs embedded in paint, this will be billed as extra.
Regarding paint/stain samples: Unless otherwise specified the standard procedure will be as follows.
NOTE: Bear in mind that each additional color/sheen selected adds to the cost of the painting. The default position on the number of colors/sheens is two per job U.N.O. (This could mean one color - two different sheens or two different colors).
Regarding water stains: Unless otherwise specified, water stains usually require a special sealer to prevent the water stains from bleeding through newly applied finishes. Water stains may not be visible until after the new finishes have been applied. Any repainting or application of special stain sealers may be charged as an extra.
It is sometimes necessary during the course of the prep work to water-blast/power-wash certain areas. This has been known to produce leaks where there is improper waterproofing. If water-blasting/power-washing is used, and leaks are produced, the General Contractor will repair them as an extra charge.
The addition of paint to surfaces may add enough dimension that doors, windows, drawers and other working items may not open and/or close the same as they did before the application of the paint. The planing down of surfaces like this prior to painting may be an extra. If not specified to be tested or planed down, the surfaces may be painted and then not operate properly. Removal, prep, and re-painting may be an extra.
Pre-primed and/or finger-jointed trim are not recommended for applications where appearance is an issue. Whereas this material is typically less expensive than solid stock, imperfections will be apparent even after finishes are applied. Finishes may also tend to accentuate imperfections.
Some surfaces may have contamination or substances, such as, but not limited to, wallpaper, oil films, wax, latex paint over oil base paint, etc., that have been applied or are present that are undetectable which prevent proper application of specified finish products. Cost of removing such materials will be an extra.
Unless otherwise noted, all personal belongings will be completely removed from the work area or any hazardous adjacent area by the owners or their agents. Extra costs will be charged for the moving of any personal belongings, including, but not limited to, clothing, furniture, art, plants, etc. Jeff Hicks Construction employees are not trained moving personnel and therefore any damage resulting from moving personal belongings will be paid for by others. Contractor's liability insurance does not cover damage to Owner's personal belongings. Contractor will attempt to give owner 24 hours notice should moving personal belongings be required to continue work. Please bear in mind that due to the nature of some construction projects, it will not always be possible for Contractor to give the aforementioned 24 hour notice.
Plaster, especially old plaster, is a very fragile building material, and is subject to cracking and dislodging if disturbed. Every effort will be made to protect plaster in the existing house; however, repairs to plaster will be the sole responsibility of the owner, or will be repaired at additional cost.
New plumbing, attached to existing plumbing, incurs a risk of breaking loose old and corroded fittings from the point of connection onward. The older the pipe, the greater the risk. Every effort will be made not to loosen old connections; however, should this occur, extra work to fix down-the-line leaks will be charged on a Time & Material basis. The more corrosion inside the pipe, the less volume the pipe will provide and may affect the performance of all fixtures attached to it. Disturbing pipe may loosen corrosion on the inside and reduce the flow of mixers, faucets and aerators. Correction costs are indeterminate and will be charged as extra.
Finish plumbing under sinks is flexible and subject to leaking if disturbed. Storage of personal belongings next to supply lines and drain fittings is not recommended and leaks caused by owner movement will be repaired at owner's cost.
MMWD ordinance 310 must be followed: All plumbing fixtures that are replaced, removed, or added must meet efficiency standards: 1.6 gallon flush, or less, toilets; 3.0 gallons per minute, or less, shower heads; 2.0 gallon per minute, or less, faucets (kitchen and lavatory).
Whenever main valve or house shutoff is turned on and off to service, particles may clog fixtures and an extra charge for cleaning will be incurred.
Most deck mounted cast iron sinks and tubs are not cast perfectly level. Some variation in grout or caulking thickness may result. Modification of fixture or tile to provide uniform grout or caulking thickness will be charged as an extra.
Special Finishes: Special finishes cannot be guaranteed on any plumbing faucets or drain products whether purchased through Contractor or any other vendor. Special finishes include polished brass, antique brass, polished gold, white, and many others. These finishes tend to wear off or tarnish, and the customer should be aware of these possible problems. Whenever these finishes are specified, the customer should check to see what the manufacturing guarantee is should the finish not wear properly. Both a material and a labor guarantee accompany these products. If not, the customer or Contractor need to ask why no guarantee is included.
In the event that change orders or other unforeseen conditions extend the duration of the contract beyond the agreed completion date and rental equipment is required to complete the job, (such as but not limited to scaffolding, portable toilets, etc.) the rental equipment shall be billed at the rate specified in the original bid for the duration of use.
Only NEW roofs can be guaranteed. Patch work not guaranteed. Walking on roofs is not recommended and should be minimized. Contractor is not responsible for correcting existing roof surfaces to eliminate ponding or collection of water unless included in the contract terms. Normal re-roofing procedures may result in ponding of water due to pre-existing conditions.
Tear-off and demolition of old roofing material will generate considerable dust and debris. Some of this dust and debris may enter the attic space particularly in older structures with skip sheathing. The contractor cannot guarantee against this debris entering the attic space. Cleaning of the attic space or "maid-quality" dusting and clean up will likely constitute an extra cost to the owner.
Jobs may slow down and speed up depending on various factors beyond our control, such as, but not limited to, weather, temperature, illness/injuries, suppliers and subcontractors, government inspectors, plan or specification interpretation.
Custom shower door measurements generally cannot be made until tile is installed. This may cause a delay in completion of the project.
Unless otherwise specified, the exact location of property lines, setbacks, easements and rights of way is the responsibility of the owner prior to commencement of work. If the contractor is asked to become involved in the process of locating these items, the contractor will provide to the owner references for surveyors qualified to perform these tasks.
Sheetrock, Stucco & Plaster, patches and cracks (also see "Plaster")
Hairline cracks in stucco and plaster are common and are not an indication of structural failure or potential leaks.
It is hereby acknowledged by the parties that specified materials and finishes may be subject to some variations in plane, nominal cracking, or variations in finish, contours, or colors because of the types of materials used, job conditions and the fact that materials are largely hand finished. Contractor warrants that all reasonable efforts will be rendered to achieve uniformity of execution and compliance with specified dimensions, finishes and materials, but cannot guarantee perfection. In these circumstances, the parties agree that substantial compliance with specifications and completion of the work will be accepted. Exact matching of sample colors or materials with actual interior or exterior surfaces, is not possible, and some variation is unavoidable. Also, nominal cracking of less than 1/16" in width on exterior surfaces due to normal shrinkage and settlement of wood frame construction may occur. Cracks in excess of 1/16" in width are not common, but can occur if substrate settles, warps, or shrinks excessively, or if plywood sheathing is not properly installed. Contractor shall render reasonable efforts to adjust or repair significant surface irregularities in color, finish, surfaces, contours, or excessive cracking where said adjustments can be accomplished without undue delay or damage to the over-all work, and where the aggregate cost of such adjustment will not exceed 5% of the contract cost.
Stucco and plaster are made with Portland cement. Portland cement stucco and plaster have one characteristic which creates performance problems when not recognized and compensated for: Portland cement (and most cement-based products) shrink slightly during hydration and the subsequent loss of free moisture of mix. Such shrinkage generates stress within the Portland cement stucco/plaster membrane, particularly when the stucco/plaster has been applied over lath, which often results in cracks and surface distortion. Other types of stresses which may cause cracking are:
Finally, in spite of our best efforts, this patch will likely appear patched. Due to weathering of adjacent surfaces, precise color and texture matching may not be achievable. Imagine cutting a 4 inch-square patch out of one of your favorite shirts and then sewing it back in place. While its exactly the same fabric filling in the exact hole from which it was cut, it will still be apparent as a patch, and not part of the undisturbed cloth surrounding it. The same is true of stucco and sheetrock patching.
Stone tile and slabs
(See natural materials)
Temporary repairs attempt to remedy the specified problem with a cost effective approach providing a stop gap measure until permanent repairs can take place. However, the success of such repairs cannot be guaranteed for any period of time.
Where electrical service is unavailable or access is denied, the contractor shall provide, and shall be reimbursed for usage of, a portable generator sufficient to carry out the work and all operating materials and supplies.
Unless specified by the plans, sealing of tile is specifically excluded from the scope of this contract. It is not uncommon for tile grout to develop minor cracks after installation. This is generally caused by several factors such as, but not limited to, moisture, shrinkage, temperature and movement, and is seldom a symptom of failure or leakage. It is recommended that grout cracks be filled approximately 6 months after installation. This is typically part of the original contract and usually there will be no extra charge.
Tile grout can develop molds and mildew in an improperly ventilated or unventilated environment. JHC cannot warrantee against mold or mildew growth under such conditions.
It is recommended that floor tiles not be used on walls. The finish of floor tiles is rougher and there is usually no trim that will match the color and texture of the floor tiles exactly. Contractor cannot guaranty the color match of floor and wall tiles.
If not specifically called out in the job specifications, Contractor will assume the use of gauged tile. This can reduce the cost of labor to install the tile.
An Allowance for tile will be given as a cost for the entire job (including tile, grout, corners, trim, labor, breakage, etc.) as opposed to a square footage cost. A square foot cost can be misleading.
The cost of installing used material, such as, but not limited to, appliances, locks, doors, windows, light and plumbing fixtures, is difficult to ascertain and may be charged as an extra if it requires more time than what would be required for a comparable new one. Much used material is fragile and we are not responsible for breakage or repairs.
The waterproofing or sealing of any concrete or masonry wall will usually contribute to the hydrostatic pressure behind the wall, thereby possibly causing either the failure of the wall or the diversion of water to other unforeseen locations, or both. Soils and Structural Engineers should be consulted before work is to commence.
Effective waterproofing is generally a simple or complex series of properly installed (and later maintained)
materials on or in a structure. A failure or improper installation of one or more components may lead to a leak at other areas that may or may not have been installed in the correct manner. In solving a leak, only that area which has been corrected will be guaranteed. Those areas adjacent to or otherwise impinging on the newly corrected work which have not been addressed, for a variety of reasons, may be one or more of the sources of leaks. Not addressing all systems and/or components may lead to a perceived failure of the aforementioned corrected work.
It may, however, be expedient to correct those areas that are most likely to be the one and only source of leaking.
Further steps may be needed to complete the process if leaks still appear after water-testing.
Only a complete replacement of the entire system can be construed as a completely guaranteed project.
Water Testing & Leak Investigation
Water Test and invasive investigation at suspected areas of water intrusion and immediate surrounding areas of the following area(s):
During water testing finishes, trim, siding and interior sheet rock or other materials as required may be removed to observe membranes and water intrusion. Should written documentation be required for disclosure, litigation, or any other purposes it will be billed as an extra on a Time and Materials basis.
After the source and origin of the water intrusion is determined a written scope of work, which may include field notes, sketches, photographs and a estimate can be provided at an extra cost. The cost of the estimate will be credited against the cost of repairs if Jeff Hicks Construction is awarded the contract for repairs.
NOTES & EXCLUSIONS:
Wear and Tear
The construction process generally requires foot and wheel traffic to, from and within the actual work site. This may cause accelerated wear and tear to those surfaces. This is considered normal and renewal or repair of such surfaces are not included in this agreement. Carpets and finish floors will be covered to protect them from excessive dirt, dust, mud, etc. Decks, patios, lawns, etc., may show signs of usage at the completion of this project. Where reasonably practical, Contractor will take precautions to cover or otherwise protect the existing surfaces.
We shall commence with the work defined and shall continue constant progress on the work until such a time as the work is deemed complete. Rain, adverse weather, or temperatures may cause a delay in the progress of the work either by not permitting the application of materials and products in accordance with manufacturers' recommendations or due to the inability of the labor force to work in said adverse conditions. Please note that a single day of rain may delay application of some materials and performance of some operations for several days until the working area is dry.
Adverse weather may also affect the cost of the project. Extra costs may need to be billed if the weather forces crews to install tarps over the jobsite, move the crew and tools off and back on the job, or install excessive erosion control. It is generally assumed that it is the General Contractor's responsibility to protect all elements of the project from inclement weather. It is further assumed that the owner will virtually in all cases, be informed in advance of work to be performed that may incur an extra cost. At this point the owner may accept the proposal for the extra cost or turn the proposal down in which case the owner will be responsible for any damage caused by the weather.
Excessive winds may cause exterior appurtenances, such as but not limited to, roofing materials, antenna, vents, chimney caps, light fixtures, window screens, gutters & down spouts, etc., to loosen or become detached from the structure. The contractor will not be responsible for the effects of excessively high wind conditions.
Building penetrations, such as but not limited to, dryer vents, oven and range vents, chimneys, etc. when subjected to excessive winds may allow drafts into the structure and may produce objectionable noises beyond the contractor's control.
Double glazed windows warranteed by manufacturer for 3 to l0 years. Labor to replace faulty dual glazing by the supplier is guaranteed for one year. Paint must be applied to at least 1/16" of glass inside and out on all sides of any wood windows or doors with lites. For all doors and windows, please see manufacturer's warrantee.
Due and payable within five days of receipt of bill by owner. After five days, interest to accrue at 18% per annum, 1.5% per month.
It is understood that if the Contractor is not paid within 1 week of receipt of the billing, he may after two (2) days written notice, stop work. Owner will be charged and will pay for demobilization and remobilization costs should this happen, and the Contract time shall be extended to accommodate the delay. All costs for demobilization and remobilization must be paid before remobilization. Any items in dispute in any application for payment received may be deducted but will not delay the remaining payment.
Deposit (per section 7159(d) of the Business and Professions Code)
A deposit or down payment of one thousand dollars ($1,000.00) or 10% of the contract price, excluding finance charges, whichever is less, will be required before commencement of the work.
All change orders will be calculated at contractor's cost plus 15% overhead, plus consultation and estimating time at rates listed below.
An allowance, as included as a part of a Contractor's estimate, is a chosen sum to cover the anticipated cost of material(s) that are not as yet specified. The allowance sum approximately anticipates the cost of a particular item or items (light and plumbing fixtures, appliances, etc.) and includes taxes, delivery and/or pick-up, and Subcontractor's profit and overhead mark-up. The allowance does not generally include the cost of labor for installation.
When the Owners purchase an allowance item, they are responsible for the timely delivery of the item to the jobsite as required for construction, including all accessories and assemblies as required for installation. The Owners would also be responsible for returns due to damages, or other error during shipping, and all warranty repairs, as well as any cost to the Contractor due to delays or improper ordering and delivering.
When the final material costs have been determined, should the final price exceed the initial allowance, the Contractor shall be entitled to additional overhead and profit on the additional material costs above the allowance. Should the final price be less than the initial allowance, the Contractor shall return the difference between the final
materials cost and the initial allowance. Any administrative costs associated with allowance reconciliation and refunds, shall be charged to the owner and considered part of the allowance.
Time and Material hourly labor rates:
Extra work by Jeff Hicks Construction will be billed as follows:
Contractor, Jeff Hicks$65.00
15% overhead will be added on all invoices for material, subcontractors, equipment rental, etc.
On Time and Material jobs, some invoices may be billed after the job is complete. Billable hours may include, but are not limited to, travel time, scheduling, ordering and picking up of materials, debris removal, phone calls, office work, photo identification, archival work, estimating, consultation, etc.
The hourly labor rates above do not apply to any time spent on litigation or deposition work. Ask for our rates for legal work.