This contract (“Contract”) is made and entered into on the date of acceptance by the Client and by DREAMLINER (hereinafter referred to as “Contractor”).
Scope of Work. Contractor shall provide all labor, materials, engineering permits package application and equipment necessary to design and install an aluminum enclosure at the Client’s property located at Address in estimate hereinafter referred to as “Property”. The project shall be in accordance with all applicable Florida building codes and regulations.
Scope of work and specifications at the estimate. Waitlist. Due to high demand, Contractor may maintain a waitlist for installations. Client agrees to pay a 20% down payment and non-refundable deposit of 10% of the total contract price (“Upfront Payment”) to secure their place on the waitlist and provide the engineering plans package.
The 10% Upfront Payment will be applied towards the total contract price.
Payment Schedule. The remaining balance shall be paid according to the following schedule:
– 40% After permit approval to order materials……………………………………………………………….
– 27% upon completion of installation………………………………………………………………………………..
– 3% after final inspection. …………………………………………………………………………………………………
Contractor will obtain any necessary permit and customer pay all associated costs (municipality fees and new site plans if needs). Customer will be billed separately for all associated permit costs. Payments with credit cards or debit cards may incur an additional bank fee. The customer needs to provide their property survey to the contractor.
Payment is due in full at the time of completion of work or upon passing the building department’s final inspection. A finance charge of 1.5% per month shall be applied to all accounts not paid in full within 10 days of due date. All material will remain the property of Contractor, until payment is received in full. Right of Access and Removal is granted to Contractor, in the event of nonpayment per the terms of this contract. The customer agrees to pay all interest and any costs incurred in the collection of this debt including reasonable attorney fees. If the customer refuses to allow Contractor, to begin work or complete work already begun, or to accept material contracted for, customer agrees to pay liquidated damages of a sum equal to 33.33% of the entire contract.
Time for Performance
Drawings, Specifications and Permits are a minimum of 15 business days (depending on the county or municipality, the permitting process can take up to 90 days for permit to be approved).
Contractor shall be deemed to have commenced work when equipment / materials have been mobilized to the jobsite.
Estimated completion date is up to 15 weeks after permit approval and materials payment have cleared.
The project will be constructed in accordance with the permitted sealed drawings which accompany this contract. The owner / owner’s authorized representative has accepted these reviewed specs on estimate above.
Contractor will obtain the permit after the owner pays for all permit fees separate from this contract.
Unless otherwise specified, work does not include any changes or alterations that may need required by a municipality, contracted inspector, lending inspector, HOA, 3rd party auditor, public body, or public utility, or inspector, Contractor, at the Contractor’s discretion, may alter specifications only to comply with requirements of a government agency having jurisdiction over the project. The cost of any alterations mandated to meet any such requirement shall be in addition to the contracted sum specified herein.
If a community requires specific documents, applications, or permissions for the Homeowners Association or property management corporation, those applications, meeting attendance, and all required items are solely the responsibility of the Owner. The owner acknowledges they have performed their due diligence as no down payment shall be refunded once this document is executed. Contractor will assist the owner with acquiring any sealed drawings or specifications needed to accomplish this portion of the project.
Customer is responsible for any reinspection fees due to inaccessibility or missing permit, or any out of pocket occur for this instant.
Property Lines
Unless otherwise specified, Owner will provide locations of all water, sprinkler, sewer, septic, gas, electrical (utilities) contained within the private surveyed boundaries of the property by flagging, to include any metered devices.
Survey costs are owner’s responsibility.
Contractor is not responsible for damage to landscaping/sod or new spray deck, on concrete installations, sprinkler lines cut and capped only. Customer is responsible for rerouting sprinklers. If there is a community sprinkler line the job will be stopped.
Access to Work – Owner shall grant free access to work areas for the workers, vehicles, equipment, and trailers. Owner is responsible for securing entrances to the jobsite in a manner adequate to prevent persons or animals other than the Owner, Contractor, and authorized trades and suppliers from gaining access to the project site. No trespassing shall be enforced and prosecuted upon request.
If Owner denies access to any worker or supplier of materials during scheduled working Hours, the Owner will be assessed a $100 back charge (trip fee) and the project can suffer an unspecified time delay.
Working hours are as follows. • Residential projects – MONDAY – SATURDAY, 08:30-05:30pm, (unless otherwise needed)
Project Funding – Owner is responsible for obtaining all financing that is or may be necessary to complete the scope of work in this contract. Owner represents that owner has sufficient funds or has arranged funding in accordance with this contract and more specifically the draw schedule.
Personal checks are accepted, Cashier checks and certified bank checks, bank wire transfers are acceptable. Credit / Debit cards will be accepted after a notarized copy of the credit card authorization form is online plus bank credit card fee (3%).
Work allowance, Conflict, and Abnormal Conditions – There shall be a reasonable allowance on all dimensions specified in the permitted drawings. 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 Contract, then this Contract shall be controlling. Contractor is not responsible for any existing illegal conditions or non-permitted prior work. Contractor is not responsible for any unusual or abnormal 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. 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
Any subsequent amendment, modification, or Contract, which alters this Contract, and which is signed or initialed by Contractor and Owner, 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 – Unless agreed on in writing between Contractor and Owner and included in this Contract under “Specifications”, this Contract does not include any preparation outside the work guidelines of the items specified in Quote above.
Contractor, will not honor any oral agreements between any company representative and customer / Client unless it is in writing on face of agreement Promise to Pay: Customer promise to pay to the Service Provider at its address shown above to the total of payments shown on this agreement in accordance with the terms of this agreement. Those terms are printed on both sides of this document.
Balance of money is due as specified in payment schedule. If claim to payment is placed in the hands of a collection agency or attorney for collection, Customer are responsible for all collection agency or attorney fees.
Customer Right to CANCEL. This is a home solicitation SERVICE, and if you do not want the goods or services, you may cancel this agreement by providing written notice to the Service Provider 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 within the 3 days allowed by law. Service Provider may not keep all or part of any cash down payment.
Contractor, retains the right to cancel this contract at any time.
Contractor is not responsible for any painting, interior or exterior.
Contractor has the right to retain all costs incurred if customer cancels the contract. (Process Fees, Engineering, Permit, or any material). If customer cancels the contract after permit approval any deposit already made will not be refundable.
Contractor warranties all new work against leaks for a period of two years. Under no circumstances, will Contractor warranty for water leaks on existing roofs or overhangs, as it is not unusual for existing leaks to appear only after attachment of new aluminum roofs to existing overhangs, as these types of leaks are not noticeable beforehand.
Contractor is not responsible for existing grading issues.
Contractor is not responsible for matching concrete paver colors and for possible efflorescence of concrete pavers.
Extra Work and Changes
If Owner, Construction Lender, or any public body or inspector directs any modification or addition to the work covered by this Contract, the charge for that extra work, labor and material, shall be determined in advance and the cost shall be added to the Contract price.
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. In an expeditious manner, a text shall suffice authorizing such change.
Removal of material and debris -Except for items designated by Owner in writing prior to the commencement of construction, Contractor shall dispose of all material removed from structures during alteration. Contractor shall remove all construction debris on termination of work and shall leave the premises in neat, broom-clean condition upon completion. No items or debris do not project related are permitted in an onsite dumpster or dump trailer. $250 fee for any non-related item an owner places in the dumpster without approval. The jobsite shall be always cleaned and presentable with safety paramount.
Extra Time – 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, pandemics, criminal activity, theft, burglary, boycotts, or other labor union activities; divorce / partner issues, 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; material delivery delays, supply shortages resulting in cost increases; holidays; or any other circumstances beyond Contractor’s control. Protection of Owner’s Property
Owner agrees to remove from the jobsite or to otherwise protect any personal property including, but not limited to building, windows, doors, carpets, rugs, drapes, furniture, shrubs, and plantings. Contractor shall not be held responsible for damage to or loss of any items of personal property listed above. The Owner shall maintain insurance for the value of all improvements and equipment. Contractor shall bear no responsibility due to any criminal act; Owner shall provide a secured location for equipment of value immediately upon delivery to the jobsite.
Contractor is not responsible for broken or cracked concrete, roof tile, interior tile marble sills or tile sills.
Corrective or Repair Work
Work that is caused by the Contractor will be covered under the warranty. Problems caused by the Owner or material manufacturer will not be covered and will not be the responsibility of the Contractor. 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.
Guarantee of Materials and Workmanship
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 Contract. Manufacturer warranties are in effect and are facilitated thru the contractor until point of final inspection. Craftsmanship is warrantied for 365 days post final inspection. All these items are subject to manufacturers or processor’s guarantees or warranties. Improper use by the owner may void any warranty. Hiring any repairs without contractor or sub-contractor allowed a reasonable time to address the situation will result in termination of any contractor warranty.
Worker’s Compensation Insurance
Contractor shall comply with the State’s workers compensation laws to protect Contractor’s employees during the progress of the work. Owner shall obtain and pay for insurance against injury to Owner’s own employees, persons under Owner’s direction, and persons on the jobsite at Owner’s invitation. Contractor shall also ensure that subcontractors comply as well.
Notice
Any notice required or permitted under this Contract may be given by ordinary or electronic mail at the addresses specified in this Contract. Texting is deemed acceptable to the owner / owner’s rep. All forms of communication will be acknowledged “received”. If either party changes his or her address, that party shall provide written notice of the change to the other party within 24 hours of that change. Notice shall be considered received one day after it is deposited in the mail with postage prepaid.
Work Stoppage – 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 3 days, then Contractor may, at Contractor’s option, with a 24 hour 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.
Payments are due within 24 hours of emailed invoice unless noted in writing via text or email.
This Contract shall be construed in accordance with, and governed by, the laws of the State of Florida. This contract shall be enforceable in the county of record for that project in the civil and circuit courts.
Entire Agreement. This Contract constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous agreements or understandings, whether oral or written.
This Contract may not be amended or modified except in writing signed by both parties.
IN WITNESS WHEREOF, the parties have executed this Contract as of the date and year first above written.