General Terms and Conditions of Agreement
1. All work shall be performed in a good and workmanlike manner in accordance with applicable building codes. Contractor warrants any labor for a period equal to that required by the State law unless otherwise agreed to in writing by all parties. Additional labor warranties may be available at the homeowner’s expense. Minimum labor warranty for any complete roof installation is 10 years.
2. All materials provided under this agreement shall be new and as designated, unless otherwise specified. Contractor may, in its discretion, change or substitute any materials to be used in the work hereunder, provided. However, substituted materials shall be of equal kind and quality. All surplus materials shall remain the property or the contractor. Contractor shall remove all debris resulting from the work hereunder and leave area in “broom clean” condition upon completion. Contractor shall notify homeowner of any substantial change. Any color changes must be agreed to in writing by homeowner and contractor.
3. The Homeowner(s) agree to permit Contractor to make all tip-outs, openings, close-ups or alterations, or changes to the existing building necessary for the completion of the work hereunder. Contractor will make repairs and/or restoration in such cases to conform as closely as possible to the original condition or to the new work as it may deem appropriate. The Homeowner(s) agree to supply or make available to Contractor all utilities (including heat, gas, electric, and water) to enable it to perform the work to be done hereunder at the expense of the Homeowner(s). The Homeowner(s) agree to allow representatives of the Contractor access to any property or buildings at all reasonable times prior to completion.
4. Contractor assumes no responsibility for the existing property or buildings meeting local building and zoning code requirements. Additional work required to meet such requirements, if any, shall be charged as an extra unless approved by insurance carrier. In the event permission is required to do any of the work hereunder due to property restrictions or zoning laws of otherwise, it shall be the sole responsibility of the Homeowner(s) to obtain such permissions.
5. In the event the Homeowner(s) fail to comply with the provisions of this Agreement, they shall pay the Contractor, upon demand, a sum in cash equal to all direct and indirect costs incurred by the Contractor in connection herewith, plus an amount equal to 33-1/3% of the total cost of repairs as liquidated damages.
6. Attorney’s Fees & Interest. Should any proceedings be initiated regarding this Agreement, the prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorney's fees in enforcing this Agreement. These fees are to be considered direct damages to the extent allowable by applicable jurisdiction. Interest on any unpaid amount shall begin 30 days from substantial completion of the project. Said interest rate shall be the maximum allowable by State law. Any holder of this consumer credit contract is subject to any claims and defenses which the debtor could assert against the seller of goods and services obtained pursuant hereto or the proceeds hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder.
7. The price of the contract at time of signing does not include any hidden, unexposed, or unknown contingencies for items such as, but not limited to, rotting or decayed wood or the like, foundation depths in excess of 30 inches, concealed pipes, relocation of underground utilities, inability to use existing water pipes, etc. Should rock or other hard or unusual material be discovered and deemed necessary to be removed, the extra cost will be paid for by the Homeowner(s).
8. Contractor will not be responsible for damages or defects of any kind that are caused by delays beyond Contractors direct control, such as inclement weather, labor strikes, wars, acts of God and /or the inability to obtain materials. Homeowner(s) agree that no claim(s), compensatory or otherwise, shall be made for damages or defects in material or workmanship, unless Contractor is notified in writing of such claim(s) within the specific product manufacturer's warranty. If any such claim(s) are valid, the Contractor’s liability shall be for the reasonable cost of correcting the defects, not for any other incidental and/or consequential damages arising therefrom.
9. Start and completion dates are approximate and subject to delays caused by circumstances and conditions beyond the Contractor's control, including, but not limited to, strikes, material shortages, fire and flood, and other acts of God, or by delays caused by Homeowner(s), insurance provider, and /or Mortgage Company.
10. Homeowner(s) are responsible for removing any and all interior/exterior obstructions prior to the scheduled start date. Homeowners(s) are also responsible for removing any pictures, wall hangings, or loose or fragile items from interior walls. Contractor will not be held liable for damage to any items not removed. Contractor does not guarantee that all blinds, drapes, awnings, etc. will be able to be re-installed after installation.
11. Contractor will not be responsible for slight scratching or denting of gutters or aluminum capping, fractures to driveway or concrete, or damage to plants or shrubbery. Contractor is not responsible for damage to wood trim, decking, etc. due to rotting or decay. Replacement of rotting wood, unless otherwise stated in this Agreement, is not included and will be charged as an extra on a time and material basis. Contractor is not responsible for damages incurred due to construction problems with Contractor and is not responsible for any pre-existing structural defects, including, but not limited to, interior damage caused by improperly secured drywall (i.e. nailed, not screwed). Hence, Contractor is NOT responsible for nail pops.
12. This contract constitutes the full accord and agreement of the parties, and no other understanding, verbal or otherwise, shall be binding unless in writing, signed by both parties. This contract is subject to approval by an officer of the Contractor and such approval must be made within 10 working days from the date of the contract.
13. The Approximate Start Date shall be defined as approximately 3-5 weeks (Initial) after the initial deposit is received and clears our account. The Approximate Start Date may be extended for circumstances beyond the Contractor's control.
14. Superior Design & Restoration, LLC engages subcontractors. In accordance with the Pennsylvania Bureau or Consumer Protection Division, Superior Design & Restoration, LLC shall provide the Homeowner(s) the name, telephone number and address or said Contractor at the time of the approximate start date.
l 5. Commercial Liability Coverage, Property Damage Liability Deductible, General Aggregate Limit Products/Completed Work Aggregate Limit
Cov. L - Bodily Injury/Property Damage
Cov M - Medical Payments
Cov. N - Products/Completed Work
Cov. O - Fire Legal Liability
Cov. P - Personal/Advertising Injury
None
$2,000,000 per policy period
$2,000,000 per policy period
$1,000,000 per person
$10,000 per person
$1,000,000 per occurrence
$50,000 per occurrence
$1,000,000 per occurrence
16. Maryland Home Improvement Commission (MHIC) regulations require that the Agreement contain the following notice:
a) Formal mediation of disputes between homeowners and contractors is available through MHIC.
b) The Commission administers the Guaranty Fund which may compensate homeowners for certain actual losses caused by acts or omissions of licensed contractors, and
c) A homeowner may request that a contractor purchase a performance bond for additional protection against losses not covered by the Guaranty Fund. (The contractor is not obligated to pay for the bond).
d) Regulations authorize MHIC to issue civil citations in the amount of $500.00 to $2,000.00 for violations of the contract requirement.