Contract

FLORIDA HOME IMPROVEMENT CONTRACT

(date), between:

The Construction Site

For a price identified below, Contractor agrees to complete construction of Owner's home described as follows: (Describe Work to be done in detail)
In addition to any other charges specified in this agreement, Owner agrees to pay Contractor the amount indicated for completing the Work described as the Project.
Work under this Agreement is scheduled to be Substantially Complete within the above indicated number of Calendar Days after the date construction begins.
On initial delivery of materials to the Job Site, Owner shall pay to Contractor the amount indicated above. The initial payment is refundable to Owner, less actual cost to Contractor, if Owner is not able to obtain a commitment for construction financing in an amount adequate to complete the Work.

Schedule of Progress Payments

A. Progress payments are due according to the following schedule:
(Work or Services to be Performed or Materials to be Supplied)
(Work or Services to be Performed or Materials to be Supplied)
(Work or Services to be Performed or Materials to be Supplied)
(Work or Services to be Performed or Materials to be Supplied)
OWNER: Initial this box if you agree to arbitration. Review the “Arbitration of Disputes” section attached.
You (the owner or tenant) have the right to require the contractor to have a performance and payment bond, however, the Contractor can charge you for the cost of procuring a bond.
The law requires that the contractor gives you a notice explaining your right to cancel. Initial or sign the box if the contractor has given

You are entitled to a completely filled in copy of this agreement, signed by both you and the contractor, before any work may be started.

Salesman who solicited or negotiated contract:

1. NOTICE OF FLORIDA'S CONSTRUCTION LIEN LAW ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A "NOTICE TO OWNER." FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY. 2. Ownership of Plans Plans, Drawings, Specifications and copies prepared for use in construction under this Agreement are the property of Contractor. Contractor retains all common law and statutory rights to these Plans, Drawings and Specifications. Owner agrees that these documents will not be used on any other Project and, with the exception of one record set to be retained by Owner, will be returned to Contractor on request. 3.Scope of Work A. Contractor shall supervise and direct the Work and accepts responsibility for construction means, methods, techniques, sequences and procedures required to complete the Project in compliance with the Contract Documents. Cutting and Patching. A. The color, texture and planes between existing and new materials might not match exactly. Contractor will use due diligence to create the best match possible. Owner acknowledges that patched surfaces may be detectable when construction is complete. 4. Compliance with Law, A. Contractor and Owner mutually commit to use reasonable care to meet the Requirements of state, federal and local Law when discharging their responsibilities under this Agreement. B. If Law enacted after the Contract Date changes the Scope of Work under this agreement, Contractor and Owner will execute a Change Order adjusting the Contract Price and Contract Time to accommodate the change in the Scope of Work. 5. Permits and Fees, A. Contractor shall secure all permits, licenses and renewals required by government authority to complete construction of the Project. If permits are required for Subcontracted Work, Subcontractors will secure those permits. Owner shall assist Contractor in responding to requests for information from the permit-issuing authority. Contractor shall provide Owner a copy of each permit, license and renewal issued by a government authority for the Project. B. Contractor will pay the building permit fee, Plan check fee, business license fees for Contractor and Subcontractors, and charges levied by government for testing, Inspection and re-Inspection of the Project.
6.Taxes, A. Except as provided otherwise in this agreement, Contractor shall pay all federal, state, county, and municipal sales, use, consumer, gross receipts, and excise taxes which are levied or become payable as a result of completing the Work. Owner will pay all tax on materials furnished by Owner and all property taxes levied on the land which comprises the Job Site. 7.      Owner's Responsibilities, A. Owner affirms that Owner has the right to enter into this Agreement and has the right to contract for construction of the Project on the Job Site. Owner shall pay all taxes and assessments due on the Job Site during the period of construction and shall take all reasonable actions required to protect marketable title to the Job Site. B.  On request of Contractor, Owner shall provide clear and convincing evidence that Owner has access to funds committed to payment of the unpaid balance of the Contract Price. Owner shall inform Contractor of any significant change in the availability of funds committed to make payments required under the Contract Documents. Failure of Owner to comply with the terms of this paragraph shall relieve Contractor of the obligation to begin or continue the Work. C. Owner will not interfere with or permit others to interfere with, stop, hinder, or delay completion of the Work by Contractor or Subcontractors except as provided under this agreement. D.  On written request from Contractor, Owner shall identify (1) The legal description of the property being improved, (2) Whether there is a Surety Bond in effect on the improvement Project and, if so, the name and last known address of the Surety and a copy of the Bond, and (3) Whether there are any prior recorded liens or security interests on the real property being improved and, if so, the name and address of the person having the lien or security interest. 8. Construction by Others, Owner shall neither hire nor retain Separate Contractors, employees or agents of Owner to perform Work on the Job Site while Work is being done under this Agreement by Contractor. 9.      Representations by Contractor, Owner has reported to Contractor all conditions known to Owner which may not be apparent to Contractor and which might significantly increase cost of the Work or delay completion. These concealed conditions include, but are not limited to, hazards on the Job Site, unsuitable soil conditions, prior Defective Work of others, latent Defects in the Plans or Specifications, earlier attempts to do Similar or related Work, and obligations imposed by government. 10. Disclaimer by Owner, Reliance by Contractor, Owner has provided Contractor with information on subsurface or concealed conditions at the Job Site. Except to the extent that Contractor knows this information to be false, Contractor is entitled to rely on the accuracy of this information.  11.               Discrepancy Between Plans and Field Conditions, If any concealed structure, water, power, waste, drain or gas line is uncovered or revealed during construction which is not as indicated in the Contract Documents or is inconsistent with information provided by Owner, Contractor shall promptly, and before any such structure or line is disturbed or damaged (except in an Emergency), notify Owner. Contractor shall submit a Claim for a Change Order which covers the additional cost incurred as a result of such structure, water, power, waste, drain, or gas line uncovered or revealed during construction. 12. Differing Site Conditions: A.  Contractor shall promptly, and before the conditions are disturbed, give a written notice to Owner on encountering unforeseeable conditions adversely affecting the Work. Owner shall investigate the site conditions promptly after receiving notice. If the conditions cause an increase in cost to Contractor or the time required for performing any part of the Work and were not reasonably foreseeable by an experienced Contractor, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly. B. If concealed or unanticipated conditions require a change in the Plans or Specifications, Owner will issue a Change Order modifying the Contract Documents, Contract Price and Contract Completion Date, if any. C. Anything in this contract notwithstanding, Contractor is entitled to rely on express or implied representations concerning site conditions made by Owner and those employed by Owner regardless of whether those representations are made in Contract Documents or otherwise. 13. Contract Allowances: A. The Contract Price includes the sum of all contract allowance items identified in this agreement. The price listed for each contract allowance item is a preliminary estimate made before actual selection by Owner of the item to be installed. Contractor makes no representation that purchase and Installation of any contract allowance item can be performed for the contract allowance price. Cost to Owner for any contract allowance item may be more or less than the contract allowance price. B. If the cost to Contractor for a contract allowance item is more or less than the allowance price, the Contract Price shall be adjusted for the difference by a Change Order. C. Selection by Owner of contract allowance items shall be submitted in writing to Contractor. At the request of Contractor, Owner shall verify selection of each contract allowance item with the Material Supplier and provide Contractor with confirmation that the order is correct. D. If selection of any contract allowance item by Owner delays the Work, the Contract Completion Date shall be extended by the equivalent of the delay and Contractor shall be entitled to recover for the cost of delay, including liquidated damages, shutdown or startup expense, lost profits, or consequential damages.

14. Interest: A. Payments due and not made under the Contract Documents shall bear interest from the date payment is due at an annual rate of ______ percent or at the rate established by Florida Statutes section 55.03, whichever is higher. B.  When payment is withheld pending settlement of a bona fide dispute on the quantity, quality, or timeliness of the Work, interest shall accrue only on the amount ultimately paid. C.  Any interest which remains unpaid at the end of any 30-Calendar Day period shall be added to the principal amount due and thereafter shall accrue interest at the same rate as the principal. 15. Liens and Waivers: Contractor will ensure that Subcontractors, tradesmen and Material Suppliers working under direction of Contractor are paid when due to avoid the exercise of lien rights provided by state Law.  16. Waivers of Lien:      A. With each application for payment, Contractor shall provide to Owner the following: 1. Conditional waivers of lien from Contractor, from each Material Supplier, and from each Subcontractor to the Project confirming payment for all Work and materials covered by the application, and  2. Certification from each Material Supplier and Subcontractor covered in a prior application for payment that previous conditional waivers of lien have become unconditional. Waivers of liens shall be in a form satisfactory to Owner, title insurer, and lenders. Contractor shall furnish any supplemental waivers of lien as may be reasonably required by Owner, title insurer, or lenders. Conditional waivers of lien become unconditional on receipt of the payment which is requested. 17. Details on Lien Claims     On request of Contractor, Owner shall provide to Contractor a legal description of the Site and all information about the Project as may be required by Contractor, Subcontractors, Material Suppliers, or tradesmen to enforce lien rights in Florida. 18. Final Payment: A.  Contractor will submit an application for final payment to Owner when the Work has been completed in compliance with the Contract Documents. If Owner agrees that Work has been completed, payment is due Contractor for the entire unpaid balance of the contract amount (including any Retainage). B.  Making of final payment constitutes waiver of all Claims by Owner against Contractor except those Claims previously made in writing and delivered to Contractor and those

obligations otherwise provided by this agreement or by operation of Law. C.  The acceptance of final payment by Contractor shall constitute a release by Contractor of known Claims against Owner arising out of this contract except those Claims which (1) Have been made in writing and identified by Contractor as not having been settled at that time, or (2) Are based on fraud or misconduct by Owner. D.  Owner will notify Contractor of the date when notice of Final Completion is recorded. E.  If completion of the Work is delayed unreasonably at no fault of Contractor, Contractor shall be entitled to final payment for all Work completed (including Retainage) without prejudice to the right of Contractor to complete the Project at a later date and without prejudice to the right of Owner to make Claims against Contractor for Defects in Work completed. 19. Changes in the Work: A. Except as provided elsewhere in this Agreement, no change to this contract (including Modification, clarification, interpretation or correction of the Plans or Specifications) shall be made without mutual agreement and a written Change Order signed by Contractor and Owner identifying the change, the cost of the change, and the effect on Project Schedule, if any. B.  Any change in Plans, Specifications or Contract Documents necessary to conform to existing or future Laws, codes, ordinances or regulations shall be considered Extra Work. C.  The price adjustment for Extra Work or reduced Work required by a Change Order shall be the difference in cost to Contractor for material, labor (including actual medical, pension and vacation expense), Subcontract expense, equipment cost, supervision, taxes, insurance and overhead plus a reasonable profit. Profit and overhead (including Job Site overhead, off-site overhead and overhead caused by delay) shall be 25 percent of the cost of Work performed by crews of Contractor and 15 percent for Work performed by any Subcontractor. No deduction for overhead and profit shall be made on a Change Order which results in a net credit to Owner. D. Contractor is authorized to make minor changes in the Work which are in the interest of Owner, do not materially alter the quality or performance of the Work, and do not affect the cost or time of performance, and comply with applicable Laws, codes, ordinances and regulations. Contractor will inform Owner of each minor change made in the Work. E.  Other clauses in this agreement notwithstanding, there will be no reduction in the value of the Work without a written Change Order. 20. Defective Work: A. General Requirements On written notice from Owner, Contractor shall promptly remove from the Job Site all Work or materials not in compliance with the Contract Documents, whether or not such rejected Work or materials are incorporated in the Project. Contractor shall promptly repair or replace such rejected Work or materials at no cost to Owner. B. Rejected Work - Contractor's Rights 1. If Contractor disagrees with a decision on rejection of Work or materials, Contractor is entitled to an expedited resolution of the issue under the provisions of this agreement which cover dispute resolution. Pending resolution of this dispute, the obligation of Contractor to make correction is suspended. The Contract Time, if any, is extended for the period the dispute remains unresolved. 2. Owner acknowledges and agrees that it may be inappropriate or unreasonably expensive to replace, refabricate or refinish building components with minor Defects or which are damaged slightly due to wear and tear commonly associated with the construction process. Contractor may, at the sole discretion of Contractor, (i) Correct minor Defects using procedures commonly accepted as good construction practice, or (ii) Conclude that a cosmetic Defect is acceptable under good construction practice and take no corrective action. 21. Call-Backs    A. On written notice from Owner within 30 Calendar Days after Substantial Completion (the call-back period), Contractor shall promptly repair or replace any portion of the Work which becomes Defective due to faulty materials or workmanship. B. The obligation of Contractor to repair or replace Defects due to faulty materials or Workmanship during the call-back period is in addition to and does not limit any other remedy Owner may have under the Contract Documents, Law, or any warranty provided by Contractor or others. This call-back remedy does not limit the liability of Contractor for Defective Work or limit the time within which proceedings may be commenced to enforce rights and obligations under this agreement. C.  Failure of Owner to give notice of a Defect within the call-back period constitutes a waiver of rights to repair or replacement of that Defect. 22. Warranty A.  CONTRACTOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WARRANTY OF FITNESS FOR PURPOSE OR MERCHANTABILITY OR HABITABILITY. ANY WARRANTY OR LIMITED WARRANTY SHALL BE AS PROVIDED BY THE MANUFACTURER OF THE PRODUCTS AND MATERIALS USED IN THE PROJECT. OWNER, TO THE EXTENT PERMITTED BY LAW, WILL RECEIVE THE PROJECT "AS IS" AND SHOULD UNDERTAKE WHATEVER INSPECTION MAY BE CONSIDERED NECESSARY TO BE CERTAIN THAT THE QUALITY AND CONDITION OF THE WORK IS AS PROVIDED BY THIS AGREEMENT. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE FACE OF THIS DOCUMENT. THIS DISCLAIMER OF WARRANTY IS OF THE ESSENCE OF THIS AGREEMENT IS AND PART OF THE BARGAINED FOR CONSIDERATION IN THIS CONTRACT. BY INITIALING THIS CONTRACT, OWNER ACKNOWLEDGES READING AND UNDERSTANDING THIS DISCLAIMER AND HAVING HAD AN OPPORTUNITY TO ASK QUESTIONS ABOUT THIS DISCLAIMER AND GET PROFESSIONAL COUNSEL ON THE MEANING OF THIS DISCLAIMER. B. General Requirements 1. Except as otherwise provided in this Agreement, the warranty period shall begin from the date of Substantial Completion. 2. Work done by Contractor in compliance with warranty provisions of this agreement does not extend the period of the warranty.  3.  Contractor shall deliver to Owner all warranties provided by vendors and manufacturers of materials and equipment used to complete the Project. Contractor shall have no obligation under warranties provided by others except to render any assistance that Owner may require in enforcing the terms of those warranties. 4.      Except as provided in this agreement, and to the extent permitted by Law, Contractor disclaims all warranties, whether express or implied, whether of fitness for purpose, merchantability, habitability or workmanlike completion. 5.  Failure of Owner to give notice of a breach of warranty within the warranty period constitutes a waiver of the right to repair or replacement by Contractor6.  To make a warranty Claim under this agreement, Owner must send a clear and specific written complaint to Contractor at the following address within 60 Calendar Days of discovering Defects, unless otherwise specified in the list of items covered under this warranty. Contractor shall make repairs, replacements and corrections promptly and at no expense to Owner: 7.      Upon receipt of written notification, Contractor must notify Owner within 30 Calendar Days of a disputed Claim. Contractor and Owner agree to a dispute resolution process as specified in the Contract Documents. Under the Magnuson-Moss Warranty Act and under this warranty, suit may not be filed against Contractor until the Claim has been submitted for informal dispute settlement and a decision has been reached, or a waiting period of 40 Calendar Days has been exceeded for a decision, following the submission of a request for warranty repair, whichever comes first. State or federal Laws may permit filing a suit without the waiting period, despite the terms of this agreement.
8. Owner must provide Contractor with reasonable access during the Workday to perform obligations created by this warranty. If Owner fails to provide access, Contractor is relieved of the obligation to make repairs for which access has been denied. 9. Upon repair or replacement of the Defect, Owner must sign and deliver to Contractor a full release of all legal obligations with respect to the Defect. C. Exclusions from Warranty
1.      The warranty provided by this contract does not cover any of the following items or conditions: a. Damages or Defects that result from circumstances beyond the control of Contractor including, but not limited to, accidents, fire, explosion, smoke, falling objects, damage from aircraft, vehicles, lightning, windstorm, hail, flood, mudslide, earthquake, volcanic eruption, wind-driven water, or unforeseeable change in the underground water table. b. Damage or Defects in materials or workmanship supplied by anyone other than Contractor, employees of Contractor, agents or those Working under the direction of Contractor, including Subcontractors. c. Damages or losses that result from water leakage. d. Dampness, condensation or standing water due to failure of Owner to maintain adequate ventilation or other cause beyond the control of Contractor. e. Any Claim for warranty that is not filed in compliance with the terms required by the Contract Documents. f. Claimed Defects that are obvious, apparent and accepted at the time of completion. g. Damages caused or made worse by:  i. Failure of Owner or anyone other than Contractor, employees of Contractor, agents or Subcontractors to comply with the warranty requirements of the manufacturer. ii.               Failure of Owner to give Contractor notice of defects within a reasonable time. iii.         Loss that results from failure of Owner to take timely action to mitigate or minimize damage. 2. Contractor has no liability for incidental or consequential damages from breach of any warranty provided by this agreement insofar as the loss claimed is covered by insurance of Owner or for which Owner has a right of recovery from any other party. D. Basic Warranty Coverage on Cabinets 1. It is a breach of warranty if cabinet doors or drawers bind or stick during the first 180 days. Occasional adjustment of doors and drawers is necessary as part of routine building maintenance. Defects due to abuse, impact, modification, or improper maintenance are not covered under this warranty. 2. Cabinet materials shrink as they dry. It is a breach of warranty if, during the first 180 days, cabinet doors or drawer fronts are found to have visible cracks in excess of 1/8 inch by 2 inches. Defects due to abuse, impact, modification, or improper maintenance are not covered under this warranty. 3. It is a breach of warranty if cabinet doors or drawer faces warp more than 1/4 inch in 12 inches during the first 180 days. Some movement can be expected when natural wood products adjust to moisture levels within a building. Cabinets that warp due to abuse or prolonged contact with moisture are not covered under this warranty.

4. It is a breach of warranty if closed cabinet doors have gaps in excess of 1/4 inches by 2 inches during the first 180 days. Cabinet doors that become misaligned due to abuse or improper loading are not covered under this warranty. 5. It is a breach of warranty if, during the first 180 days, cabinet doors do not stay closed when shut. Frequent use of cabinet doors can result in misalignment. Occasional adjustment of cabinet hardware is a part of routine building maintenance. 6. Cabinet materials shrink as they dry. It is a breach of warranty if, during the first 180 days, visible gaps greater than 1/4 inch by 3 inches open between the wall or ceiling and any cabinet. Smaller gaps

are not covered under this warranty. 7. It is a breach of warranty if a cabinet, a cabinet corner or a cabinet face is found to be more than 1/4 inch out of alignment during the first 180 days unless the Defect is caused by abuse, impact, modification or improper loading. E. Basic Warranty Coverage on Carpentry, Interior Finish It is a breach of warranty if a shelf fails due to Defective Workmanship during the first 180 days. Shelves should be supported by brackets fastened securely to framing. Any shelf is subject to overloading. Defects due to overloading, modification, or improper maintenance are not covered under this warranty. F. Basic Warranty Coverage Warranty on Resilient Flooring 1.  It is a breach of warranty if vinyl flooring develops surface bubbles more than 1/16 inch higher than adjacent surfaces during the first 180 days.  Contractor may puncture vinyl flooring material to release trapped air as part of the repair. Defects that result from abuse, impact, modification, normal wear, or improper maintenance are not covered under this warranty. Fading, slip resistance, abrasion resistance, stain resistance, freeze-thaw stability, durability, compressive strength, moisture sensitivity and texture retention of vinyl or resilient flooring may be covered under the manufacturer's warranty, but are not covered under this warranty. Removing mold from vinyl floor materials is a part of normal building maintenance and is not covered under this warranty. 2.  Joints are required in resilient sheet flooring when room dimensions exceed roll widths. It is a breach of warranty if, during the first 180 days, joints in resilient flooring leave a gap between pieces of more than 1/8 inch and more than 12 inches long. The visibility of joints in resilient flooring may be exaggerated by the color, pattern, and texture of the material, and by reflected light, such as from a large window. Defects that result from abuse, modification, or improper maintenance are not covered under this warranty. 3. It is a breach of warranty if, during the first 180 days, resilient flooring is found to be installed with stains, discoloration or faded colors. Stain resistance does not mean that resilient flooring won't stain. Staining and loss of gloss can result from normal use and is not necessarily an indicator of Defective material or workmanship. It is normal for resilient flooring to vary slightly from display samples in color and texture. Display Samples come from different dye lots and may be used for many years. Over time, color, texture, and feel of the Sample may change with handling. The color and gloss of resilient flooring can fade under sunlight and traffic. Slight variations are common within a specified color or pattern. Variations will be greater when material is selected from differing dye lots. Manufacturing Defects may be covered under the manufacturer's warranty but are not covered under this warranty. 4. It is a breach of warranty if resilient flooring is found to be installed out of compliance with the recommendations of the manufacturer during the first 180 days. All manufacturers recommend that the surface on which resilient flooring is laid be free of bumps, protrusions, or irregularities such as fasteners, loose knots, or free aggregate. Defects that result from sharp objects such as spike heel shoes or roller blades, moisture, hydrostatic pressure, alkali in the subfloor, heavy sunlight penetration, ultraviolet ray exposure, pallet jack or fork lift traffic, or contact with caustic or corrosive liquids, are not covered under this warranty. The flooring manufacturer may offer a warranty against premature wear or fading. Premature wear and fading are not covered under this warranty. G. Basic Warranty Coverage Warranty on Lighting It is a breach of warranty if, during the first 180 days, a lighting fixture becomes discolored or fails to operate normally due to faulty Installation by Contractor. Defects in lighting fixtures caused by abuse, improper maintenance, or exceeding the recommended maximum bulb wattage are not covered under this warranty. H. Basic Warranty Coverage Warranty on Plumbing Systems 1. It is a breach of warranty if a water supply, drain, or vent line to a plumbing fixture develops a leak during the first 180 days due to a Defect in materials or workmanship. It is a breach of warranty if, during the first 180 days, a plumbing fixture is found to be installed out of compliance with either the recommendations of the manufacturer or the building Plans or Requirements of the building code. Inspection and maintenance of caulking and sealants around plumbing fixtures is a part of normal building maintenance and is not covered under this warranty. Defects that result from abuse, condensation, modification, the shrinkage of materials as they age, or improper maintenance are not covered under this warranty.

2. It is a breach of warranty if, during the first 180 days, any part of the plumbing system fails to deliver water or discharge wastes due to a Defect in materials or workmanship or failure of Contractor to comply with the applicable plumbing code or building Plans. Any plumbing vent or waste line can be obstructed by frost or debris. Removing frost and debris from vent lines is a part of normal building maintenance and is not covered under this warranty. Defects in plumbing supply, waste, or vent lines that result from abuse, modification, or improper maintenance are not covered under this warranty. 3.  It is a breach of warranty if, during the first 180 days, a faucet, plumbing fixture or valve runs or drips when fully closed or turned off. Defects that result from abuse, modification, or improper maintenance are not covered under this warranty. 4.  It is a breach of warranty if, during the first 180 days, plumbing fixtures, fittings or trim are found to be installed out of compliance with recommendations of the manufacturer or out of compliance with the plumbing code. Flaws in the appearance or performance of plumbing fixtures, fittings or trim may be covered under the manufacturer's warranty, but are not covered under this warranty. Defects that result from abuse, improper maintenance, or modification are not covered under this warranty. 5.      It is a breach of warranty if plumbing supply lines are found to be out of compliance with approved Plans or the building code during the first 180 days. Severe supply line to freeze and burst. Defects in plumbing supply lines caused by cold weather are not covered under this warranty. When temperature of the building envelope is not controlled during cold weather, it's a normal part of building maintenance to close the main supply value and drain water from the supply system. Exterior hose bibs should have garden hoses disconnected and drained. Valves for exterior hose bibs should be left open. Interior valves should be shut off. Defects in plumbing supply lines caused by abuse, modification, or improper maintenance are not covered under this warranty. 6. Certain combinations of temperature and indoor humidity may naturally cause condensation to accumulate on pipes and plumbing fixtures. Eliminate excess condensation by increasing ventilation, controlling humidity, or insulating the pipes affected. Accumulation of condensation on plumbing pipes and fixtures is not a Defect and is not covered under this warranty. 7. All plumbing drain and waste lines can be obstructed by excessively large or dense objects, by the invasion of roots, or by backup of the public or private sewer. Keeping plumbing drain and waste lines free of obstructions is a part of normal building maintenance, and is not covered under this warranty. It is a breach of warranty if plumbing drain, waste, or vent lines are found to be installed out of compliance with the applicable plumbing code or out of compliance with the building Plans during the first 180 days. The following constitute abuse or improper maintenance of plumbing drain or waste lines, and are not covered under this warranty: a. Use that exceeds that design standards of the system, b.           Disposing of non-biodegradable items through the system, c. Connecting the system to a sump pump, roof drain, or backwash          from a water conditioner or pool filter, d. Covering a leach field with a surface that is impermeable to water, e. Driving or parking vehicles over the leach field, and f. Failing to periodically pump the septic tank. 8.             It is normal to hear the sound of water flowing through drain and supply pipes. It is also normal to hear the sound of pipe expanding or contracting slightly in response to heat or cold. Water hammer is a sudden thump or banging in water supply lines that occurs when water flow to a faucet or fixture stops abruptly. Water hammer can do serious damage to a plumbing system, especially when water at high pressure is shut off very quickly, such as with an automatic valve. A plumbing system subject to water hammer should be designed with a pressure-regulating valve or an air chamber to reduce the noise and potential for damage from water hammer. Failure to install a pressure-regulating valve or an air chamber is not a breach of warranty if the valve or chamber is not part of the contract and is not required by the building code. The sound of water hammer will be obvious to anyone present in the building. Progressive damage from an obvious water hammer problem is not covered under this warranty. On request, Contractor will suggest a remedy for water hammer and quote a price for taking preventative measures. 9. It is a breach of warranty if a faucet, shower head, or plumbing fixture is found to be installed out of compliance with the applicable code or the building Plans during the first 180 days. Low water pressure may cause reduced flow through any plumbing fixture. Water pressure varies in public water systems and may be low at times of peak demand or when flow is reduced in water mains. Some municipal codes require that plumbing fixtures, including faucets and shower heads, be equipped with flow control devices to conserve water. Inadequate water flow at points of supply due to either low water pressure at the main or government regulation is not covered under this warranty. 10.              It is a breach of warranty if, during the first 180 days, a bathtub or shower enclosure is found to be installed out of compliance with either the building code or the manufacturer's recommendations. Ensure that bathtub and shower enclosures are free of any chip, crack, scratch, blemish, or Defect at Installation, and document any concerns. After Substantial Completion, only Defects resulting from faulty workmanship of Contractor are covered under this warranty. Manufacturing Defects in bathtubs and shower enclosures may be covered under the manufacturer's warranty, but are not covered under this warranty. Bathtubs are heavy when filled and may cause the framing to flex and creak, even when installed in compliance with both the manufacturer's instructions and the building code. Flexing and creaking are not signs of failure, and are not covered under this warranty. 36. Contractor Claims A.           If Contractor claims that any instruction, Drawing, act or omission of Owner or any representative of Owner, or any agency of government, increases costs to Contractor, requires extra time or changes the Scope of Work, Contractor shall have the right to assert a Claim for such costs or time. B. Unresolved Claims or disputes shall not cause Contractor to delay or suspend Work or for Owner to delay or suspend payments as provided by this agreement. Continued performance by Contractor shall not be deemed a waiver of any Claim for additional compensation or an extension of Time for Completion. Contractor shall cooperate with Owner and representatives of Owner to mitigate potential damages, delay and other adverse consequences arising out of the condition which is the subject of the Claim. 23. Arbitration A.  Any controversy or Claim arising out of or relating to this contract or contract warranty or the breach thereof which cannot be resolved by mediations shall be settled by arbitration administered by the

American Arbitration Association under its Construction Industry Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction there of.B.  The location of arbitration hearings held under this agreement shall be the county in which the Project is located unless agreed to otherwise by all Parties to the arbitration. 24.  Insurance General Requirements: Contractor shall carry workers' compensation insurance and public liability insurance as required by Law and regulation for the protection of Contractor and Owner during progress of the Work. 25. Interpretation of the Contract
A. Words and abbreviations defined in this contract are capitalized and should be understood as defined. Words commonly used in the construction industry are to be understood in their recognized technical or construction industry context. Any word not defined in this contract and which does not have a well-known technical or construction industry meaning is to be understood as defined in the most recent edition of the Merriam-Webster Collegiate Dictionary. B.  Nothing in the Contract Documents shall be interpreted as requiring Contractor to violate any Law or regulation imposed by government. 26. No Waiver of Contract Provisions The failure of either Party to insist on strict performance of terms, covenants and conditions in the Contract Documents shall not be construed as waiver of any term, covenant or condition in the Contract Documents. Nor shall any custom or practice which may evolve between Contractor and Owner be construed to waive or lessen the right of either Party to insist upon performance in strict compliance with the Contract Documents. 27. Dealing with Plan Defects A. Contractor will rely on the Contract Documents as the final authority on what is Project. The Contract Documents were created to identify the labor, material and equipment required for proper completion of the Project. The Contract Documents are defective if a reasonably skilled construction Contractor doing Similar Work in the community and following generally accepted trade practice could not use the Contract Documents to identify each labor, material and equipment cost required to complete the Project. Contractor bears no responsibility for defects in the Contract Documents. B. If inconsistent, the construction Drawings take precedence over the Specifications.
C. Except as specifically provided elsewhere in this agreement, inconsistencies shall be resolved by giving precedence to the less restrictive, standard quality, less demanding provision in codes, safety orders, Contract Documents, referenced manufacturers' specifications, and industry standards.
D. Pending clarification by Owner, Contractor shall perform no Work on any portion of the Project requiring an interpretation of the Contract Documents. Contractor has no liability for Work done before discovering the need for interpretation so long as that Work was done in good faith reliance on one of the Contract Documents. 28. Severability If any provision of this contract is interpreted or rendered invalid and unenforceable, then the remainder of this contract shall remain in full force and effect.29. Cumulative Remedies A.  All rights and remedies provided to Contractor by the Contract Documents are cumulative and in addition to and not in limitation of rights and remedies available to Contractor at Law or in equity. CHAPTER 558 NOTICE OF CLAIM CHAPTER 558, FLORIDA STATUTES, CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY BRING ANY LEGAL ACTION FOR AN ALLEGED CONSTRUCTION DEFECT. SIXTY DAYS BEFORE YOU BRING ANY LEGAL ACTION, YOU MUST DELIVER TO THE OTHER PARTY TO THIS CONTRACT A WRITTEN NOTICE, REFERRING TO CHAPTER 558, OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE SUCH PERSON THE OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND TO CONSIDER MAKING AN OFFER TO REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER WHICH MAY BE MADE. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER THIS FLORIDA LAW WHICH MUST BE MET AND FOLLOWED TO PROTECT YOUR INTERESTS.  FLORIDA HOMEOWNER'S CONSTRUCTION RECOVERY FUND PAYMENT MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS:  DIVISION OF PROFESSIONS CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE, FL 32399 PHONE: 850-487-1395 EMAIL:CALL.CENTER@DBPR.STATE.FL.US BUYER'S RIGHT TO CANCEL This is a home solicitation sale, and if you do not want the goods or services, you may cancel this agreement by providing written notice to the seller in person, by telegram, or by mail. This notice must indicate that you do not want the goods or services and must be delivered or postmarked before midnight of the third business day after you sign this agreement. If you cancel this agreement, the seller may not keep all or part of any cash down payment. Notice Required by 12 Code of Federal Regulation Section
226.15(d), Effects of Rescission1. When a consumer rescinds a transaction, the security interest giving rise to the right of rescission becomes void, and the consumer shall not be liable for any amount, including any finance charge. 2. Within 20 calendar days after receipt of a notice of rescission, the creditor shall return any money or property that has been given to anyone in connection with the transaction and shall take any action necessary to reflect the termination of the security interest. 3. If the creditor has delivered any money or property, the consumer may retain possession until the creditor has met its obligation under paragraph (d)(2) of this section. When the creditor has complied with that paragraph, the consumer shall tender the money or property to the creditor or, where the latter would be impracticable or inequitable, tender its reasonable value. At the consumer's option, tender of property may be made at the location of the property or at the consumer's residence. Tender of money must be made at the creditor's designated place of business. If the creditor does not take possession of the money or property within 20 calendar days after the consumer's tender, the consumer may keep it without further obligation.

Additional Description Form

For Company Representative Usage. Please select details of project for product. If needed, comparable equivalent will be used.

Exterior Paint:

Specs: Dynamic Elongation ASTM D-2370-82 2000% Shore Hard A ASTM D-2240-86 89 Low Temp Flex ASTM C-734-82 Passed - 180° bend @ 0° F Tensile Strength ASTM D-2370-82 260 PSI Water Vapor Trans ASTM-E-96 Breath @ 20 mils Dry Mold Resist Fed Test 141B, 6271 Passed—No Growth Mildew Resist ASTM D-3273/3274 Passed—No Growth Wind Driven Rain 98 mph Wind Driven Federal Specification TT-C-555b Passed—No Water Absorption Salt Spray ASTM B117-64 500 Hours -No Change Scaling Resist 25 Cycles ASTM C672 Visual Rating—0 Mass - 0 Weatherability ASTM C28 4500 Hours - Passed Water Vapor Trans ASTM D-1653 100% Vapor Perm Water Repellency ASTM C67-80A 97% Effective. Solar Reflectance .812 / SRI 101

Exterior Siding:

CertainTeed Cedar Board ASTM: D7793, C303, C1363, E96, C272, E84, D1929, D635. R Value 2.0

HVAC:

Landscaping:

Roofing:

Prescriptive
UL 790, Class A; Miami-Dade County Product Control Approved – 130419.04 (Location dependent; contact Technical Services at 800.766.3411); Florida Building Code Approved FL10124-R12; UL 997 modified to 110 mph; ASTM D7158, Class H; ASTM D3161, Class F; ASTM D3018, Type 1; ASTM D3462; ICC ESR-1475, ESR-3267**; CSA A123.5***; ENERGY STAR® Qualified (White Only) (U.S. Only); Title 24 Compliant, CRRC Listed, and Meets Los Angeles Green Building Code (Birchwood, Copper Canyon, Golden Amber, and White Only)
– ASTM: D751, D573, D2137, E96, D1204, D471, D751, D1149, C1549, C1371, G155/D6878, D573, D7635

Gutters:

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