Offer Terms & Conditions
EIN : 47-1706866
This Agreement is between:
Builders Group Construction
&
Customer
Contractor, referred to as BGC or Builders Group Construction and Customer receiving this document otherwise referred to as Owner are to be bound by the terms and conditions below this document referred to as Agreement. This Agreement goes into effect immediately upon Owner’s confirmed acceptance and his or her consideration by providing a payment and referencing the invoice number in which this agreement is attached to known as Schedule A invoice, or Invoice
Payment: Unless specifically stated by the Contractor in writing otherwise. The owner agrees to pay Contractor the total of Schedule
A Invoice for work pursuant to this Agreement. The initial payment of at least 50% of the total cost of the Agreement is to be made on the parties’ execution of this Agreement. Subsequent payments will be due as follows 40% upon over half completion and the remainder of 10% upon completion of work pursuant to this Agreement.
Excess Costs:
If at any time a home construction service requires extra costs above the cost specified or estimate in the contract that were reasonably unforseen, but necessary, and the total of all extra costs to date exceeds five thousand dollars over the course of the entire home construction contract, you have a right to an estimate of those excess costs before the home construction service supplier begins work related to those costs. These costs are to be provided by written estimate.
REFUNDS:
Return of Remaining Monies Paid.
If this agreement is terminated due to our uncured default in the performance of our obligations hereunder, any portion of the monies paid in excess of amounts credited against our fees, costs, and expenses, as of the time of termination, will be refunded to you promptly after termination of the agreement as your sole and exclusive remedy at law and in equity in connection with such termination and/or default. In the event any other circumstances arise which makes the consummation of the contemplated project impractical, impossible, or unreasonably burdensome or if the contemplated transaction will not proceed for any reason not contemplated herein, then we may elect (but are not obligated to), in our sole discretion, return to you, as your sole and exclusive remedy at law or in equity, any portion of the monies paid to Contractor in excess of amounts credited against our fees, costs, and expenses as of such time.
No Refunds.
The deposit shall be nonrefundable to you, and we shall be entitled to permanently retain any monies paid, if
(i) this Agreement is terminated due to your uncured default in the performance of your obligations hereunder, or
(ii) you terminate this agreement for any reason other than due to our uncured default, including if for any reason (other than uncured our default) you fail to enter into a [Contract for Construction] and otherwise proceed with the contemplated construction project. In such event(s), the Deposit and/or money paid at that time shall serve as liquidated damages, it being agreed between the parties that the actual damages to us in the event of such termination or nonperformance are impractical and extremely difficult to ascertain and the amount of the money paid is a reasonable estimate of the total net detriment we would suffer if you defaulted and/or fail to proceed with the contemplated construction project. The payment of such amount as liquidated damages is not intended as a forfeiture or penalty but is intended to constitute liquidated damages. Notwithstanding the foregoing, nothing contained herein will limit our remedies at law, in equity or as herein provided in the event of a breach by you of any of the provisions which survive the termination of this Agreement. All conditions apply for either party if Contract is Terminated for Convenience.
TERMS AND CONDITIONS
Licensing
1. Contractor warrants that Builders Group Construction is a valid company under the laws and statutes of the State of Ohio.
Time for Performance
2. BGC from here set forth shall commence work under this Agreement, approximately on the date specified in this Agreement. Contractor shall be deemed to have substantially commenced work when Contractor moves equipment onto the jobsite. If Contractor fails to substantially commence work within 30 days from the approximate date of commencement, Owner may delay the succeeding payment due to Contractor for a period of time equal to that of the delay in commencement of work. Allowance in approximate commencement and completion dates shall be made for any delays attributable to circumstances beyond Contractor’s control.
Drawings, Specifications, and Permits
3. The project shall be constructed according to the specifications and drawing contained in this agreement under the Agreement section with any of its included attachments incorporated into this contract by reference, which have been examined by Owner and which have been or may be verified orally, in writing or signed by the parties to this contract.
4. Unless otherwise specifically provided in the Agreement, the project owner is fully responsible to obtain and pay for all required building permits. Any permits not obtained is solely the owners responsibility to pay any fines or charges that may directly or indirectly arise from the scope of work that the contractor was directed to perform by the owner in the agreement. Owner agrees to pay assessments and charges required by public bodies and utilities for financing or re-paying the cost of sewers, storm drains, water service, and other utilities including charges for water, sewer and storm drain reimbursement, revolving funds, hookup, and other similar charges.
5. Unless otherwise specified in the Agreement, price does not include any changes or alterations from the drawings or specifications that may be required by any unforeseen problems that may change the requirements to accomplish the work agreed upon in the Agreement. Such work shall be considered Extra Work under Paragraph 17. Unless otherwise specified, work does not include any changes or alterations from the drawings or specifications that may be required by public body, utility, or inspector. Contractor, at Contractor’s option, may alter specifications only so as to comply with requirements of governmental agencies having jurisdiction over same. The cost of any alteration undertaken to comply with any such requirements shall be in addition to the contract price specified herein.
Property Lines
6. The Owner will locate and point out the property lines to Contractor, and will engage a licensed land surveyor to provide boundary stakes at Owner's expense. if Owner is in doubt as to property boundaries and agrees to the expense. Owner assumes all responsibility for the accuracy of the boundary markers. Owner shall give copies of any restrictions, easements, or rights of way to Contractor before work is commenced.
7. Unless otherwise specified or is not a necessity to commence work, Owner will provide all water, septic, sewer, gas, cable, and electric utilities from the point of entry at Owner’s property line or, if metering devices are required, to those devices. In compliance with federal and state law, Owner agrees to make drinking water and toilet facilities available to all workers or to compensate Contractor for the cost of rented facilities. Owner agrees to provide water & electricity that Contractor requires at the jobsite to complete the work.
Access to Work
8. Owner shall grant free access to work areas for workers and vehicles and shall provide areas for storage of materials and debris. Owner agrees to keep driveways clear and available for movement and parking of trucks during scheduled working hours. Owner shall be responsible for securing all entrances to the jobsite in a manner adequate to prevent persons other than Owner, Contractor, and any authorized workers or material suppliers from gaining access to that site. Contractor shall be responsible, at the end of every workday, for storing all equipment and materials in the facilities provided by Owner. Contractor shall not be liable for damage to driveways, walks, lawns, shrubs, or other vegetation by movement of trucks, workers, equipment, materials, or debris.
9. Contractor shall keep Owner advised as to the hours during which work is scheduled to be performed at the jobsite. If Owner denies access to any worker or supplier of materials during scheduled working hours, then Owner will be deemed in breach of this Agreement and subject to liability for any damages caused by the breach.
Financing
10. Owner is responsible for obtaining all financing that is or may be necessary to fund the work specified in this Agreement. Owner represents that Owner has sufficient funds or has arranged sufficient financing to comply with this Agreement.
Standard Materials
11. The following shall apply to all materials included in the specifications for this Agreement which is listed. No material is assumed to be covered unless otherwise written in the Agreement Specifying the Item # and a noted line item stating the separate charge and its clarification.
Nonstandard Materials
12. If any materials used under this Agreement are to vary from those listed in Paragraph 11, or if the specifications, quality, or color of the materials vary from those listed in the Agreement, both Contractor and Owner must agree to that amendment titled “Adjustment” The amendment must be confirmed and verified through primary email or text correspondence or be a printed document signed by both Contractor and Owner and must be attached to this Agreement and incorporated by reference.
Hazardous Materials
13. Unless otherwise specified in this Agreement, the removal, disturbance, or transportation of hazardous materials, including asbestos, is not Contractor’s responsibility under this Agreement. The parties agree that, if Contractor encounters hazardous materials in the course of the Project, [he or she] shall stop work immediately and notify Owner who may then retain a qualified contractor to perform the work. Such work shall be considered Extra Work under Paragraph 17.
Work Allowance, Conflict, and Abnormal Conditions
14. There shall be a reasonable allowance on all dimensions specified in work plans. All sizes are outside approximate sizes. If there is any conflict between sketches, renderings, views, pictures, plans, blueprints, etc., and the terms of this Agreement, then the document the Agreement shall be controlling. Contractor is not responsible for any existing illegal conditions. Contractor is not responsible for any unusual or abnormal Electrical Wiring, Plumbing, Framing, concrete footings, foundations, retaining walls, or piers required, or any unusual depth requirements, such as, but not limited to, conditions caused by poor soil, lack of compaction, hillside, or other slope conditions or circumstances of the job sites surrounding elements. Contractor may, but is not obligated to, correct those conditions. All work necessary to correct abnormal conditions that is required by public bodies shall constitute an extra work item and the cost shall be in addition to the contract price specified herein.
Change Orders, Amendments, and Modifications
15. Any subsequent amendment, modification, or Agreement, which alters this contract, and which is signed, shall be deemed a part of this contract and shall be controlling in case of conflict with any other provision in contract.
Preparation, Work, and Material
16. Unless agreed on in writing between Contractor and Owner and included in this Agreement under the Agreement or any signed amendments, this contract does not include painting, preparation, daily working habits, finishing work or cleaning to customers ‘assumed expectations’ that have not been otherwise documented, signed and agreed on by all parties. Contractor has the right to claim completed work to be the best of the contractor's ability. This claim is to be controlling over any conflict. Contractor shall have the option of selecting all processes as it sees fit to accomplish the work to be done in this Agreement.
Extra Work and Changes
17. If Owner, Construction Lender, Agent of BGC or any public body or inspector directs any modification or addition to the work covered by this contract, the charge for that extra work shall be determined in advance and the cost shall be added to the contract price in addition to Contractor’s usual fee for overhead and profit. Owner shall make payments for all extra work as that work progresses, concurrently with regularly scheduled payments. Contractor shall do no extra work without the prior written authorization of the Owner. Any authorization for extra work shall show the agreed terms and shall be approved and signed by both parties.
Means, Methods and Techniques of Construction
18. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. Contractor shall be responsible to see that the completed Work complies accurately with the Contract Documents.
Electrical Service
19. Unless specifically included in this Agreement, electrical work shall not involve a change to any existing service panel other than the addition of circuit breakers or fuse blocks to distribute electric current to new outlets. This Agreement does not include changes to existing wiring in areas undisturbed by alterations. All existing electrical wiring systems are assumed to be 'as is'. Owner represents them to be, adequate to carry the load imposed by existing work. Any work necessary to correct these existing conditions shall be an extra work item subject to Paragraph 17 of this Agreement.
Plaster, Drywall & Texturing
20. Contractor calls Owner’s attention to, and Owner acknowledges, the limitations of patching plaster and drywall textures. While Contractor shall make every effort to match existing textures, colors, and planes, exact duplication is not promised.
Filled Ground or Rock
21. Unless this Agreement specifically provides otherwise, excavating does not include work on filled ground, ground of inadequate bearing capacity, or rock or any other material not removable by ordinary hand tools. This work shall be an extra work item subject to Paragraph 17 of this Agreement.
Removal of Material and Debris
22. Except for items designated by Owner in writing prior to the commencement of construction, Contractor shall dispose of all material removed from structures in the course of alteration. Contractor shall remove all construction debris on termination of work and shall leave the premises in neat, broom-clean condition.
Extra Time
23. Contractor shall start and diligently pursue work through to completion, but shall not be responsible for delays caused by any of the following: failure of the issuance of all necessary building permits within a reasonable length of time; funding of loans; disbursement of funds into funding control or escrow; acts of neglect or omission by Owner or Owner’s employees or agents; acts of God; stormy or inclement weather; strikes, lockouts, boycotts, or other labor union activities; extra work ordered by Owner; acts of public enemy; riots or civil commotion; inability to secure material through regular recognized channels; imposition of Government priority or allocation of materials; Owner’s failure to make payments when due; delays caused by inspection or changes ordered by the inspectors of authorized governmental bodies; acts of independent contractors; holidays; or any other circumstances beyond Contractor’s control.
Damage to Project and Allied Perils Insurance
24. Before any work commences under this Agreement, Owner shall procure fire insurance with course of construction, vandalism, and malicious mischief endorsements at Owner’s own expense. This insurance shall be for a sum at least equal to the contract price. Loss under the insurance policy shall be payable to the beneficiary under any deed of trust covering the project. The insurance policy shall name Contractor and all Subcontractors as additional insureds, and shall protect the interests of the Owner, Contractor, Subcontractors, and construction lender. If Owner fails to procure the insurance required under this Paragraph, Owner agrees to all responsibility. Contractor shall have the option to procure that insurance as agent for, and at the expense of, Owner. If the project is destroyed or damaged by any accident, disaster, or calamity, such as fire, storm, flood, landslide, subsidence, or earthquake, or by theft or vandalism, any work done by Contractor in rebuilding or restoring the project shall be paid for by the Owner as an extra work item subject to Paragraph 17 of this Agreement. If, however, the estimated cost of replacing the work already accomplished by Contractor exceeds 20 percent of the contract price, Owner shall have the option to cancel this contract and, if Owner does so, Owner shall pay Contractor the reasonable cost, including usual overhead and a net profit of 10 percent, of all work performed by Contractor before cancellation.
Protection of Owner’s Property
26. Owner agrees to remove from the job site or to otherwise protect any personal property including, but not limited to, carpets, rugs, drapes, furniture, shrubs, and plantings. Contractor shall not be held responsible for damage to or loss of any items of personal property. Additionally if furniture is necessary to remove. Contractor is not responsible for any damage resulting in moving furniture to help or accommodate the owner to complete the scope of work.
Guarantee of Materials and Workmanship
27. Contractor does not guarantee any materials, equipment, assemblies, or units that Contractor has purchased or will purchase as part of the work covered by this Agreement. All of these items are subject to manufacturer’s or processor’s guarantees or warranties.
Work Stoppage
28. Contractor shall have the right to stop work and keep the job idle if payments are not made to Contractor when due. If the work is stopped, for any reason, for a period of 60 days, then Contractor may, at Contractor’s option, on five days written notice, demand and receive payment for all work executed and materials ordered or supplied and any other loss sustained, including Contractor’s normal overhead plus a profit of 10 percent of the contract price. Thereafter, Contractor is relieved from any further liability. If work stops for any reason, Owner shall provide for protection of all material on the premises and shall be responsible for any damage, warpage, racking, or loss of that material.
Completion and Occupancy
29. Owner agrees to sign and record a Notice of Completion within five days after the project is completed and ready for occupancy. If Owner fails to record the Notice of Completion, then Contractor shall, as Owner’s agent, sign and record a Notice of Completion on Owner’s behalf. This agency is irrevocable and is an agency coupled with an interest. Contractor may bar occupancy of the project by Owner or anyone else until Contractor has received all payments due under this contract and until the appropriate Notice of Completion has been recorded. This bar is assumed to be active by written request under this paragraph. Use and/or occupancy shall constitute completion of work. If a funding control service is used, then Contractor and Owner agree that the funding control service shall be appointed as Owner’s agent to sign and record a Notice of Completion on Owner’s behalf.
Notice
30. Any notice required or permitted under this Agreement may be given by ordinary or electronic mail at the addresses specified in this Agreement. If either party changes his or her address, that party shall provide written notice of the change to the other party. Notice shall be considered received one day after it is deposited in the mail with postage prepaid.
Integration Clause
31. This document and all documents incorporated by reference constitute the parties’ entire Agreement. No other Agreements, oral or written, regarding the work to be performed under this Agreement exist between the parties.
Governing Law
32. This Agreement shall be construed in accordance with, and governed by, the laws of the State of Ohio and the United States of America.
Corrective or Repair Work
33. If minor items of corrective or repair work remain to be accomplished by Contractor after the project is ready for occupancy, Contractor shall perform the work expeditiously and Owner shall not withhold any payment pending completion of that work. If major items of corrective or repair work remain to be accomplished after the building is ready for occupancy, and the aggregate cost of that work exceeds one percent of the gross contract price, then Owner, pending completion of the work, may withhold payment of a sufficient amount to pay for completion of the work, but shall not withhold any greater amount.
Arbitration of Disputes
34. Any controversy that develops between Contractor and Owner with regard to matters arising out of, or relating to, this Agreement, and that the parties do not promptly resolve, shall be decided by arbitration administered by and in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association unless the parties agree otherwise in writing. This Paragraph shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgment may be entered on it in any court of competent jurisdiction.
Attorneys’ Fees
35. In the event of any arbitration or litigation arising from this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees. In the Event of any settlement during litigation, Contractor has the right to seek and be reimbursed for any attorney fees arising from the settlement.
Check Fees
36. Customer agrees to be responsible for any fees arising from payments made to the Contractor for services rendered. The Customer agrees to pay a seventy-five dollar ($75.00) fee for any check that is not honored by the bank.. This includes bad checks, stopped checks, or for any reason thereof. Contractor reserves the right to require future payments in the form of a money order or certified cashiers check.
Retain Old materials
37. No Old materials or replaced materials will be saved. All Materials and items that are to be replaced or unused will be disposed of legally unless customer specifically requests in writing ahead of time to keep any old materials from job site.
Warranty
38. Except as otherwise expressly set forth in this Agreement, neither party hereto makes any representation and extends no warranty of any kind, either express or implied, with respect to the subject matter of this agreement, including without limitation warranties of merchant ability, fitness for a particular purpose and any warranty arising out of prior course of dealing and usage of trade. In particular, but without limitation, Contractor makes no representation and extends no warranty concerning whether the licensed compound or a licensed product is fit for any particular purpose or safe.
Non-Solicitation ; No-Hire
39. Effective upon this Agreement, neither Owner nor any of its Affiliates shall hire, retain or attempt to hire or retain any employee or subcontractor of BGC or in any way interfere with the relationship between BGC and any of its employees or subcontractors, other than the available employees or subcontractors working directly through BGC; provided, that the non-solicitation restriction in this Section shall not apply in the event an employee or subcontractor of BGC contacts Owner (or any of its Affiliates) regarding employment in response to an advertisement identifying employment opportunities published by the Owner (or any of its Affiliates) in a newspaper of general circulation or on its web site and if an employee or subcontractor of BGC contacts Owner (or any of its Affiliates) without having been directly solicited by Owner, an Affiliate of Owner, or representative of either through the initial connection of BGC. Owner agrees to not contact any of BGC’s independent contractors whose services relate to the assets to discuss post-closing services for a period of 12 months after this agreement of this contract. In the event that this section of the Agreement is in breach, BGC has the right to cease work immediately and collect any debts or pending payments in full in which would be due for active work or contracted work to be done. BGC also has the right to cease and terminate this agreement and part ways in which the BGC sees fit including charging for any sustained losses plus a 10% profit.
Non-Circumvention
40. During the term of this Agreement and for 2 years thereafter, the Owner will not attempt to do business with, or otherwise solicit any suppliers found or otherwise referred by Contractor to the Owner for the purpose of circumventing, the result of which shall be to prevent the Owner from realizing or recognizing a commission or Contractor’s fee. If such circumvention shall occur the Contractor shall be entitled to any commissions due pursuant to this Agreement or Contractor’s fee relating to such transaction.
Changes
41. We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the services, on our website for the services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part if necessary.