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TERMS & CONDITIONS

1. AGREEMENT.   The Agreement between Contractor and Owner shall include, but not be limited to, the following: Letter of Intent, Project Development Agreement, Construction Services Contract, Design Materials Deposit, the Terms and Conditions, any Special Conditions, Owner’s Policies, Design Standards and Insurance Requirements (together, the “Agreement”) along with Drawings, Specifications, addenda issued before issuance of the Agreement and any subsequently executed Change Order (together with the Agreement, the “Agreement Documents”). All of the foregoing combined shall govern the legal relationship between the parties for the Project for which  Owner has hired the Contractor.

2. ESCALATION CLAUSE FOR SPECIFIED BUILDING MATERIALS.  The Contract Price is based on current prices for the building materials. Owner understands and agrees that if during the performance of the Contract, the price of materials significantly increases through no fault of the Contractor, Contractor at their option shall be entitled to a Change Order increasing the Contract Price to include any such increases incurred. This Change Order will be supported by invoices, bill of sale, or other applicable documentation showing the increase in cost.

3. SELECTIONS AND ALLOWANCES.  The Contract Price is based on the allowances, if any, shown in Exhibit "B", Scope of Work. These are the Contractor's estimated expenses for certain items and finishes (e.g., paint, fixtures, and appliances); selections that the Owner will make during the course of Construction. Owner is responsible for additional costs that exceed the allowance. If Owner’s selection substantially exceeds the allowance for any item, Owner will pay Contractor, with or without a Change Order, the extra cost associated with such item, plus twenty-five percent (25.0%) for Contractor's profit and overhead. At Contractor's option, Contractor may require this amount be paid by Owner before or immediately upon performance of work. Any balance due to the Owner or Contractor will be paid or made when the next payment is due per Exhibit "C", “Construction Payment Draw Schedule”. Owner shall make all finish selections on the “Specifications and Allowances” by the defined date on the “Specifications and Allowances” or, if none, within five (5) days from notification by Contractor. If a selection is not timely made, Contractor reserves the right to make said selection or to charge Owner One Hundred Dollars ($100.00) per day as Liquidated Damages. Any delay by the Owner in making a selection will extend, by an equal time, the date for Substantial Completion. If the Owner selects an item that exceeds the allowance on the “Specifications and Allowances”, the Contractor may require the Owner to pay for that item before ordering or installing it. The payment is not refundable after purchase or installation.

4. UNAPPROVED TRADE PARTNERS AND SUPPLIERS.  We choose our trade partners carefully.  Work or products by and from unapproved trade partners and suppliers will not be warrantied or guaranteed

We list any unapproved trade partners in the Contract, and it states that we offer no warranty or guarantee for those products or subs. It also states that any delays or increased costs associated with unapproved trade partners will result in a change order and additional cost to the client.

5. PAYMENTS TO CONTRACTOR. All payments shall be in standard U.S currency in the form of cash or check, unless otherwise agreed upon.

     5.1 Deposit. Owner will pay an initial deposit ("Deposit") to Contractor in the amount of 25.0% of Contract Price upon signing the Agreement. This deposit is non-refundable.

     5.2 Progress Payment. Owner will pay Contractor per the Exhibit "C" Construction Payment Draw Schedule. Failure to make progress payments in full when due will immediately excuse Contractor from continued work. Any delay in making a progress payment in full will extend Contractor's date for achieving Substantial Completion (defined below) by the length of the delay.

     5.3 Final Payment. Final payment is due within five (5) days after Substantial Completion, as defined below.

     5.4 Interest. Any amount not paid by Owner within thirty (30) days of the due date will accrue interest at eighteen percent (18.0%) per annum.

     5.5 Credit Card & Bank Card. Payments are accepted under the terms of the Contract as outlined in Exhibit "G". Owner will incur a processing fee of 4.0% per transaction.

6. TIME OF PERFORMANCE.

     6.1 Commencement. Contractor will commence work within forty-five (45) business days after the Agreement has been signed, all required permits and approvals have been issued, Contractor has received the Deposit, and design phase (layouts, drawings, approved selections) is complete, whichever is last to occur.

     6.2 Completion. Contractor will diligently pursue and substantially complete all work within a reasonable time. The Project will be considered substantially complete upon the earliest of any of the following:

            a) issuance of a government certificate of occupancy, final or temporary;

            b) notice from Contractor that the work has been completed if a certificate of occupancy is not required; or

            c) the Project is useable for the intended purpose.

     6.3 Extensions. The estimated date for Substantial Completion shall be extended for any reason specified in the Agreement, or causes beyond Contractor's control, including without limitation, Change Orders or other changes by the Owner, inclement weather to the extent that work is not reasonably possible, differing site conditions, the presence of hazardous materials, labor disputes, natural disasters, pandemics, epidemics, acts of God, acts of war, terrorism or criminal activity, unavailability of materials, stoppage required to comply with governmental order or regulation, the failure to timely act by governmental agencies or their employees, changes in government laws, regulations, codes or other requirements, and interference by Owner. Contractor will not be liable for any damage relating to these extensions.

     6.4 Guaranteed Completion Date. Contractor will pay $100/week for projects that extend past Substantial Completion outside of reasons in Paragraph 6.

7. CHANGES TO THE PROJECT OR CONTRACT PRICE.  Owner may not make changes to the Project without Contractor's agreement. In the case changes are made without Contractor's agreement a Change Order will be issued to include, but not limited to materials, labor, re-inspection fees and reasonable profit and overhead. Owner must timely request any desired change to permit scheduling and completion with minimum interruption and Contract Price increase. The Contract Price to complete the Project may increase or decrease due to:

 

  1. changes to the Project requested by Owner and agreed to by Contractor;

  2. changes in codes or other legal requirements after commencement; and

  3. defects in the existing structure (such as soil conditions that may require extraordinary work,

  4. inadequate structural support, or termite/wood rot or other damage to the existing structure) that could not reasonably have been observed by Contractor before the work.

 

If a latent structural defect is discovered, Contractor will give notice to the Owner and may prepare an estimate of the anticipated increase in Contract Price to complete the Project. Expenses incurred by Contractor in preparing the estimate (such as engineering fees) shall be paid by Owner when billed by Contractor unless otherwise agreed in writing.

 

Except for changes in codes or other legal requirements after commencement, any change to the Project or Contract Price will be agreed to by the Parties and may be memorialized in a written Change Order; an example of which is shown in Exhibit "D." For any change requested by Owner, whether or not a Change Order is executed, Owner will reimburse Contractor for all labor and material expenses and reasonable profit and overhead. All change orders shall be paid in full at the time the Change Order is accepted by both parties.



 

  1. CONSTRUCTION STANDARDS.  Contractor will construct the Project in compliance with the government codes, regulations and ordinances, in substantial compliance with the Plans and the Specifications, as they may be modified per the Agreement, and in substantial compliance with any warranty under paragraph 6. Collectively, these standards will be referred to in the Agreement as the "Construction Standards." Contractor has no liability, under the Limited Warranty or otherwise, for errors or omissions attributable to its compliance with the Plans or the Specifications prepared by an architect or other agent of Owner, or for the following instructions, directions or rules of the architect or agent of the Owner, of any community association or related entity, or governmental entity or official, and Owner releases Contractor from any claims arising from or relating to such matters and shall Indemnify, as defined below, Contractor and its employees, officers, members, partners, agents and representatives arising from or relating to claims about such matters.

 

 

 

  • PROJECT ORIENTATION.

 

 

 

  1. Project Orientation List. Upon Substantial Completion, the Parties will inspect the Project and prepare, sign and date a Project Orientation List (Punch List) listing all items that remain to be completed in accordance with the Construction Standards, including any noted in previous inspections.

 

 

 

  1. Corrective Work. Contractor will use its best efforts to satisfactorily complete all items on the Project Orientation List within a reasonable time. The listing of any item will not permit Owner to withhold or delay final payment.

 

 

 

  1. Private Inspections. If Owner chooses to use a private home inspector or consultant to inspect the Project, the inspector must at the time of an inspection:

  1. maintain all business licenses required by law;

  2. be a member of the American Society of Home Inspectors or the Georgia Association of Home Inspectors, be a certified ICC Residential Combination Inspector, or have other credentials mutually agreed upon between the Parties; and

  3. have general liability insurance and professional liability errors and omissions insurance of at least $500,000 each. At the beginning of an inspection, Owner must provide Contractor with proof that the inspector meets these requirements. Arrangements for a private inspection must be made at least one (1) week in advance. If the inspector concludes that there are code violations, the Owner must require the inspector to provide a written list specifying the applicable code(s) and section(s) for each alleged violation. Any inspection must evaluate construction solely in accordance with the Construction Standards.

 





 

  1. LIMITED WARRANTY.  If a warranty is offered on the Project, it will be included in the Contract as Exhibit "E". Contractor's Limited Warranty is a five (5) year limited warranty, which shall become effective upon Substantial Completion. The Limited Warranty shall be voidable, in Contractor's sole discretion, in the event that final payment to Contractor is not made. THIS LIMITED WARRANTY IS IN LIEU OF ANY OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

 

 

 

  1. DISCLAIMERS AND DISCLOSURES. These disclaimers and disclosures apply to the Agreement, including to the extent relevant, to any limited warranty.

 

 

 

  1. Matching. Contractor will use reasonable efforts to match old and new materials and to patch damage to existing materials where they join new materials. But, the point of connection and patched area may be detectable. Contractor has no liability or responsibility to make the old and new materials look identical or joint invisible.

 

 

 

  1. Property Damage. Contractor will use reasonable efforts to minimize damage to existing improvements, including, without limitation, driveways, landscaping, lawns, and any other existing improvements on the Property. However, Contractor is not responsible or liable for minor incidental or consequential damages to the Property, other than the Project, or to Owner's personal property. Owner is responsible for removing or protecting personal property, furniture, landscaping, or other items in the vicinity of the renovation Project.

 

 

 

  1. Assumption of Risk & Disturbance. Owner understands and acknowledges that during the course of construction, the Project area may not be safe for non-construction personnel. Owner, at its expense, may inspect, examine and test the Project at reasonable times during normal business hours. While engaging in these activities, Owner will not interfere with progress of work. Contractor or its representative may be present during these activities. Owner assumes all responsibility for its own acts, those of Owner's family members, and those of its representatives in exercising these rights and will Indemnify Contractor from any claims arising out of or relating to that exercise. If Owner becomes aware of any problem during any such inspection, it will promptly notify Contractor.

 

 

 

  1. Noise and Dirt. Loud noise, dust, dirt, and general commotion can be expected during construction. Owner understands and acknowledges that these conditions may exist from approximately 8:00 a.m. to 6:00p.m, Monday through Saturday. Owner will be solely responsible for addressing any concerns of neighbors or adjacent property owners.

 

 

 

  1. On-Site Utilities and Facilities. Unless otherwise agreed in writing, Contractor and its subcontractors and employees may use the utility services, telephone (not including toll calls), water supply, and designated bathroom within the Project area without charge.

 

 

 

  1. Advertising. Contractor may display its business sign (subject to applicable ordnances) in a place on the property visible until Substantial Completion of the Project, and take pictures of the Project, before, during, and afterward, for use at any time in advertising, promotional material, or displays.

 

 

 

  1. Exclusions. Unless specifically included in the Plans or the Specifications, the Project specifically excludes:

  1. Correction of existing out-of-plumb or out-of-level conditions in existing structure.

  2. Correction of concealed substandard framing,

  3. Re-Routing/removal of vents, pipes ducts, structural members, wiring, conduits or steel mesh that may be discovered in the removal of walls or the cutting of opening in walls,

  4. Changing electrical service or electrical equipment that is in violation of the applicable electrical or building codes,

  5. Painting the interior and exterior of the existing residence, and

  6. The identification, detection, abatement, encapsulation, handling, or removal of any hazardous materials or substances as defined by the U.S. Environmental Protection Agency.

 

 

 

  1. Mold. Mold cannot be completely eliminated from inside a house. It will grow when moisture or water accumulates inside. If Owner discovers moisture or water after occupancy, Owner should promptly control its source.

 

 

 

  1. Sounds. Water and other sounds may be heard in plumbing and wastewater lines.

  2. Wood Products. Grain patterns and colors in wood products may vary.

 

 

 

  1. Stone Products. Veins and colors in marble, slate or other stones may vary.

 

 

 

  1. Hardwood Floors. Hardwood floors may be damaged from normal wear and tear, including from moving furniture, high heels and dog nails.

 

 

 

  1. Cleaning Products. Owner should carefully review directions for cleaning products to make sure they are appropriate for the area being cleaned.

 

 

 

  • Perfection. Although Contractor takes great pride in its work, the construction process necessarily depends on labor and materials from others and is too complicated for any contractor to construct a perfect house. There is no such thing as a perfect house. Owner recognizes and accepts this reality.

 





 

  1. INSURANCE REQUIREMENTS/RISK OF LOSS.  Contractor must maintain workers compensation insurance and liability insurance required by law for damages to persons or property who enter the Project at Contractor's request. Owner is responsible for all other insurable risks, including without limitation, property, builder's risk, casualty, and theft insurance in an amount necessary to cover the Project and home contents and to meet any other lender insurance requirements. The builder's risk insurance will be on an all-risk policy form and include the interests of Owner, Contractor and all subcontractors, sub-subcontractors, material men and suppliers performing work on the structure or providing supplies or materials to the structure. Owner's liability and property insurance will be from companies authorized to do business in Georgia. Owner and Contractor waive all rights against each other and any of their subcontractors, lower-tier subcontractors, agents and employees for damages caused by fire or other causes of loss to the extent covered by the builder's risk policy required by the Agreement, except such rights as they have to proceeds of such insurance held by Owner as fiduciary. The builder's risk policy shall provide such a waiver of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. Owner bears the risk of loss for all materials incorporated into Project or stored on the job site.

 

 

 

  1. OWNER WARRANTIES & RESPONSIBILITIES.  In addition to all other Owner duties, the following apply:

  1. Ownership. Owner warrants and represents that:

  1. it is currently the sole holder of legal and equitable title to the Property;

  2. there are currently no leases, restrictions, easements, covenants, rules or regulations or other encumbrances on the Property that would prevent or inhibit construction of the Project on the Property as contemplated in the Plans and the Specifications;

  3. the Property complies with all zoning, planning, environmental, community association and other building requirements; and

  4. all utilities necessary for completion of the Project are available at the Property and no easements are required to bring them to the Property. Except to execute a security deed to obtain a loan, Owner will not transfer any interest in the Property or otherwise encumber the Property until Contractor has been fully paid per the Agreement.

 

 

 

  • Access. Owner must provide Contractor and all employees, subcontractors, suppliers, and consultants of Contractor with adequate access to the Project as reasonably required by Contractor to perform the Agreement. Owner shall provide Contractor keys that are reasonably necessary for access, regardless of owners’ availability.

 

 

 

  1. Homeowner Association Approval. Owner is responsible for obtaining all approvals required by an architectural control committee or community association.

 

 

 

  1. Survey. Owner is responsible for obtaining any reasonably necessary boundary surveys, site plans, foundation surveys, and final surveys.

 

 

 

  1. Easements and Zoning. Owner must provide any reasonably required easements, variances, zoning changes, modifications to restrictive covenants, and other similar matters prior to commencement of the Project.

 

 

 

  1. Hazardous Materials. Owner represents that it is not aware of any hazardous materials or substances as defined by the U.S. Environmental Protection Agency, including but not limited to, asbestos, polychlorinated biphenyl (PCB), and lead paint, to which Contractor or its employees or subcontractors may be exposed during construction of the Project. If Contractor encounters or reasonably believes it has encountered any of these substances, it may stop work and remove its employees and subcontractors from the area until the nature of and remedy for the materials has been determined. If that information cannot be determined within a reasonable time, Contractor may terminate the Agreement and be compensated as for Owner's default under the Agreement. Owner will Indemnify, as defined below, Contractor and its employees, officers, members, partners, agents and representatives from any claims arising out of or relating to hazardous materials and substances.

 

 

 

  1. SUBCONTRACTORS, EMPLOYEES & SUPPLIERS.  Contractor is entitled to select the subcontractors, employees, and suppliers who will work on or provide materials for the Project. Contractor is solely responsible for hiring, firing, and supervising construction personnel. Owner will not give directions or orders to anyone other than Contractor or its designated Project supervisor. Owner will not interfere with construction personnel or negotiate with or retain any of Contractor's employees or subcontractors without Contractor's prior written consent. Owner will not have any work performed on the Project by other personnel until Contractor has completed the Project or the Agreement has been terminated.

 

 

 

  • DEFAULT.

 

 

 

  1. Default. Contractor will be in default under the Agreement if it abandons work on the Project or otherwise refuses to carry out its obligations under the Agreement (unless the abandonment or refusal is based upon a prior uncured default by Owner). Contractor will be deemed to have abandoned work if neither it nor any subcontractor performs any work on the Project for twenty-one (21) consecutive days unless that is the result of a force majeure or other excused cause. Owner will be in default under the Agreement if it refuses to permit Contractor to complete performance, fails to pay any amounts when due, or otherwise fails or refuses to carry out its obligations under the Agreement, unless that is based on a prior uncured Contractor default.

 

 

 

  1. Notice. If a default occurs, the non-defaulting Party must give the defaulting Party written notice (other than for the payment of money),which specifies the event(s) of default. The defaulting Party will have ten (10) days (except for the payment of a progress payment or final payment) from receipt of the notice in which to begin curing the default, which cure must be continuously pursued and completed within a reasonable time in light of the nature of the default. If the default is cured within that time, the Agreement will remain in full force and effect and neither Party may assert claims as the result of the default. If a default is not cured within that time or a payment is not made when due, the non-defaulting Party may suspend performance under the Agreement.

 

 

 

  1. Termination. If Owner terminates as a result of a contractor default, Owner must pay Contractor:

  1. amounts then due based on the payment schedule for the work completed;

  2. amounts due in any Change Order;

  3. amounts due for allowances or finish selections that have been made; and

  4. all expenses incurred by Contractor in connection with the Project that are not otherwise covered under this subparagraph. If Contractor terminates because of a default by Owner, Owner must pay Contractor all the amounts to be paid to Contractor under the immediately preceding sentence, plus any profit Contractor would have earned under the Agreement absent that default.

 

 

 

  • STATUTORY ALTERNATIVE DISPUTE RESOLUTION.

 

 

 

  1. "Act:" Under this paragraph "Act" means o.c.G.A. §§ 8-2-35 through 8-2-43.

 

 

 

  1. Notice: GEORGIA LAW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT OR OTHER ACTION FOR DEFECTIVE CONSTRUCTION AGAINST THE CONTRACTOR WHO CONSTRUCTED, IMPROVED, OR REPAIRED YOUR HOME. NINETY (90) DAYS BEFORE YOU FILE YOUR LAWSUIT OR OTHER ACTION, YOU MUST SERVE ON THE CONTRACTOR A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE. UNDER THE LAW, A CONTRACTOR HAS THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS OR BOTH. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY A CONTRACTOR. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT OR OTHER ACTION.

 

 

 

  1. "Construction Defect:" For application of the Act, the term "construction defect" means: any matter concerning the design, construction, or repair of a "dwelling," as that term is defined in O.C.G.A. § 8-2-36 (7), or an alteration of, repair, or addition to an existing dwelling, or of an appurtenance to a dwelling on which a person has a complaint against a "Contractor," as that term is defined in O.C.G.A. § 8-2-36 (6); and any physical damage to the dwelling or real property on which it is located that is caused by a construction defect. This definition does not change or expand the definition of "Construction Standards" in the Agreement or duties relating to design, construction, repair or replacement under the Agreement, any limited warranty, the law or otherwise. The term "construction defect" is incorporated into the Agreement to make it clear that any "action," as that term is defined in O.C.G.A. § 8-2-36 (1), whether based on breach of contract, breach of warranty, negligence, fraud or other statutory or common-law grounds, that alleges a "construction defect" is subject to the Act.

 

 

 

  1. Interaction of Act and Agreement: Owner's obligations under the Agreement are in addition to those under the Act.

 

 

 

  1. Failure to Follow Act: Except as permitted by O.C.G.A. § 8-2-38 (o), if Owner files an "action," as that term is defined in O.C.G.A. § 8-2-36 (1), without first complying with the requirements of the Act, Owner will be liable for the reasonable attorney's fees and expenses incurred by Contractor in obtaining a stay or dismissal of that action. Owner agrees that a dismissal, not just a stay, is appropriately given the arbitration and mediation provisions below.

 

 

 

  • ARBITRATION AND MEDIATION.

 

 

 

  1. Arbitration:

  1. Claims between the Parties: The Parties will cooperate in good faith to avoid and informally resolve any claims or disputes between them. Warranty procedures first apply to any such unresolved warranty claims or disputes. Any warranty claim, if any, that thereafter remains unresolved and any other claim or dispute of any kind or nature between the Parties arising out of or relating to the Agreement or the breach of it, the Project or the Property, must be resolved by binding arbitration per O.C.G.A. § 9-9-1 et seq., and the rules and procedures of the arbitrator.

  2. Non-Parties:

  1. Owner Claims against Non-Parties: Any claim or dispute, if any, of any kind or nature between Owner and the person signing the Agreement on behalf of Contractor that arises out of or relates to the Project or the Property must be resolved by binding arbitration per O.C.G.A. § 9-9-1 et seq., and the rules and procedures of the arbitrator. The Contractor signatory's execution of the Agreement on behalf of Contractor shall constitute that person's agreement to the arbitration and mediation provisions of this paragraph but shall not otherwise make that signatory a party to the Agreement. The arbitration of any such claim or dispute shall be consolidated with the arbitration of any claim or dispute by Owner against Contractor relating to the Project or the Property.

  2. Contractor Claims against Non-Parties: If Contractor or its signatory has any claim against any non-party to the Agreement, such as a subcontractor, architect, engineer, consultant, manufacturer or supplier, that relates to a claim by Owner against Contractor or its signatory, Owner consents to that claim being addressed in an arbitration with Owner or its signatory if Contractor or its signatory chooses to assert it in that arbitration and if the non-party is subject to or agrees to arbitration before the arbitrator.

  3. Representative Status: Owner may not bring claims against Contractor or its signatory as a representative or member of a class. Owner's claims shall not be consolidated with any claim arising from other houses constructed or sold by Contractor.

  1. Arbitrator: Absent a subsequent agreement to a different arbitrator, Construction Arbitration Associates, Ltd. shall be the arbitrator. Any questions about the interpretation of this arbitration paragraph or the arbitrability of a dispute under it shall be decided by the arbitrator, unless specifically required by law to be decided by a court, and those decisions shall be binding. Should someone subject to arbitration under the Agreement fail or refuse to participate in arbitration proceedings, the arbitrator is authorized to proceed with the arbitration.

  2. Award: The arbitrator's award is final and may be enforced in a court having jurisdiction and venue.

  3. Arbitrator Charges: The fees and charges of the arbitrator and arbitration service shall initially be shared evenly by Owner, Contractor and any non-parties, but the arbitrator may otherwise allocate those fees and charges in the award.

  4. Attorney's Fees, Expert Fees and Other Expenses:

  1. Lawsuit Attorney's Fees and Expenses: If a Party files a lawsuit that is subject to arbitration under the Agreement, that Party shall be liable for the reasonable attorney's fees and expenses incurred by the other Party or Contractor's signatory in obtaining a stay or dismissal of that lawsuit. The Parties agree that, under those circumstances, a dismissal is appropriate unless the non-filing party waives arbitration.

  2. Arbitration Attorney's Fees, Expert Fees and Expenses: For claims or disputes between Owner and Contractor or its signatory, the arbitrator is authorized to award attorney's fees and expenses in favor of the Party or person in proportion to which the arbitrator determines that Party or person prevailed in the arbitration.

 

 

 

  1. Mediation: Either Party may require the other Party (and Contractor's signatory may require Owner) to mediate a claim or dispute that is otherwise subject to arbitration as a condition to initiating or proceeding with an arbitration. If either Party (or Contractor's signatory) requires mediation, those mediating shall attempt to agree on a mediator. If they cannot, the mediator shall be selected by Miles Mediation & Arbitration Services, LLC from among its mediators with significant construction litigation experience. If Contractor or its signatory has a claim against any non-party to the Agreement, such as a subcontractor or architect, that relates to a claim by Owner against Contractor, Owner consents to that claim against that non-party being addressed in the mediation with Owner if Contractor chooses to assert it in that mediation and if the non-party is subject to or agrees to mediation before the mediator. The fees and charges of the mediator and mediation service will be shared evenly by Owner, Contractor and any non-parties.

 

 

 

  1. Insured Warranties:  If an insured warranty is provided to Owner under the Agreement, its arbitration and mediation provisions, if any, shall prevail to the extent that they conflict with those provisions in paragraph 17.

 

 

 

  1. Termination and Rescission:  The arbitration and mediation terms of paragraph 17 shall apply even if the Agreement is terminated or rescinded or if termination or rescission is sought.

 

 

 

  • OTHER PROVISIONS.

 

 

 

  1. Governing Law: The Agreement and all of its provisions, exhibits and attachments will, except if required by federal law, be governed by and construed, interpreted and enforced in accordance with the laws of the State of Georgia, not including its conflict laws.

 

 

 

  1. Entire Agreement: The Agreement is the entire agreement between the Parties and may not be modified except in writing signed by all Parties. No Party is relying on promises or other inducements not in the Agreement.

 

 

 

  1. Multiple Owners: If there is more than one Owner, each Owner authorizes and empowers any other Owner to act on behalf of all of them in connection with any matters relating to the Agreement, including, for example, changes in the work and Change Orders, and each Owner authorizes Contractor to rely on that action. This authorization does not preclude Contractor from requiring that each Owner agree to matters relating to the Agreement.

 

 

 

  1. Terms: All pronouns, singular or plural, masculine, feminine or neuter, mean and include the person, entity, firm, or corporation to which they may refer under the context. Where appropriate in the context, the singular means and includes the plural and the plural means and includes the singular.

 

 

 

  1. Notices: A notice will be deemed to have been delivered as of the date and time actually received by the Party to whom the notice was directed. Refusal to accept or inability to deliver because of changed physical or e-mail address of which no notice was given will be deemed receipt of notice. Any Party, by written notice to the others in the manner provided in the Agreement, may designate a new physical or e-mail address. If Owner is more than one person, notice to one shall be deemed notice to all. Except as otherwise provided for in the Agreement, all notices or demands required or permitted hereunder must be in writing to the address provided in the Agreement and delivered either:

  1. in person;

  2. by courier or overnight delivery service prepaid;

  3. by e-mail or facsimile (Fax) transmission; or

  4. by the United States Postal Service, postage prepaid, registered or certified, return receipt requested.

  5. by software, via Buildertrend.

 

 

 

  1. Severability: Each provision of the Agreement is severable from every other provision of the Agreement. If any provision is determined to be unenforceable, the rest of the Agreement will remain valid and enforceable. If any provision of the Agreement is determined unenforceable in part, in a particular context or as to a particular right, the Agreement will remain enforceable in all other parts, contexts and as to all other rights.

 

 

 

  1. Time: Time is of the essence of the Agreement.

 

 

 

  1. Duty to Cooperate: Documentation, as is reasonably necessary to carry out the duties of the Agreement, will be produced, executed and/or delivered by the Parties at the time required to fulfill the terms and conditions of the Agreement and the Parties shall in good faith take actions reasonably necessary to consummate the Agreement. The duty does not require Seller to execute documents that impose additional obligations on Seller.

 

 

 

  1. Indemnify: The term "Indemnify," as used in the Agreement, means that the Owner will indemnify, hold harmless, and defend Contractor and its employees, officers, members, partners, agents and representatives to the fullest extent permitted by Georgia law as to any claims relating to the stated subject matter, including as to attorney's fees and legal proceeding costs and expenses arising from such claims. The term "Indemnify" does not cover claims arising from Contractor's or its employees, officers, members, partners, agents and representatives’ sole negligence or intentional misconduct.

 

 

 

  1. Permit: Unless the permitting authorities require Owner to do so, Contractor shall obtain any necessary building permit for construction of the Project. Owner shall fully cooperate with Contractor in obtaining that permit and shall sign those documents reasonably necessary or appropriate for obtaining it. If a required permit cannot be obtained, Contractor may void the Agreement.

  2. Salvage: Without compensation to Owner, Contractor shall have the right to salvage any of the fixtures or materials that are removed from the Property in order to complete the Project.

 

 

 

  1. Spoliation: Except for an emergency, Owner will notify Contractor of any alleged construction defect that may be a basis for a claim by Owner against Contractor or any subcontractor of Contractor and give Owner and any such subcontractor an opportunity to inspect that alleged defect before repairing or disturbing it. Owner's failure to do so will be spoliation and will waive and release Owner's claim against Contractor and such subcontractor relating to that alleged defect and the consequences of it.

 

 

 

  1. Waiver of Consequential Damages:  Contractor waives claims against Owner for consequential damages arising out of or relating to the Agreement. This waiver includes, without limitation, and except if expressly elsewhere permitted in the Agreement.  Consequential Damages, include, but are not limited to Damages incurred by the Owner for rental expenses, for losses of use, income, profit, for increased cost of and loss of financing, and for damages to reputation.

 

 

 

  1. CANCELLATION NOTICE.   If this is a transaction covered by 16 C.F.R. § 429.l, the following statement applies. In that event, the Cancellation Notice that is Exhibit F applies. Otherwise, it does not apply, and the statement below is inapplicable.

 

 

You, the Owner, may cancel this transaction at any time prior to midnight of the third (3rd) business day after the date of this transaction. (See the notice of cancellation form for an explanation of this right.)

LIMITED WARRANTY AGREEMENT

EXHIBIT "E"

 

This Limited Warranty is Exhibit “E” to the Construction Agreement for Home Renovation (Stipulated Sum Basis) ("Agreement") between Owner and Contractor.

 

 

  1. LIMITED WARRANTY.  Subject to the terms of this Limited Warranty, Contractor agrees that, for the term of this Limited Warranty, the Project will substantially conform with the Construction Standards of the Agreement, which shall include, but not be limited to one of the following:

  1. The terms of the current version of the Homeowner Handbook published by the Greater Atlanta Home Builders Association, Inc. that cover the Project (provided that the term "closing" in the Homeowner Handbook will be deemed to be the date of Substantial Completion), supplemented by any higher standards in the current version of the Residential Construction Performance Guidelines for Professional Builders & Remodelers, published by the National Association of Home Builders.

  2. The current version of the Residential Construction Performance Guidelines for Professional Builders & Remodelers, published by the National Association of Home Builders.

 

 

Owner acknowledges that, before Owner executes the Agreement or the Limited Warranty, Owner received and/or reviewed the current version of the Residential Construction Performance Guidelines for Professional Builders & Remodelers published by the National Association of Home Builders, and, if applicable, the current version of the Homeowner Handbook published by the Greater Atlanta Home Builders Association, Inc. Owner agrees to accept reasonable matches in any repair or replacement in the event the specified or originally used item or material is no longer reasonably available.

 

 

  1. TERM.  The term of this Limited Warranty ("Warranty Term") is five (5) years beginning the date of Substantial completion, except, if applicable, for items in the Homeowner Handbook mentioned above that are only warranted to meet a standard on the date of "closing" (which shall mean Substantial completion for purposes of this paragraph.).

 

 

 

  1. NOTICE TO CONTRACTOR.  If there is an item for which contractor has responsibility, Owner must provide written notice of that item to Contractor. The notice must be given in the manner required by the Agreement for notices. The notice must specify the item in detail and must be given to Contractor within the Warranty Term. Contractor shall not be responsible for items for which a required, timely notice has not been given. Owner shall permit Contractor and/or Contractor's agents, employees or contractors, reasonable access to the Property during normal business hours (Monday - Friday, 9:00 a.m. - 5:00 p.m.) to inspect or perform work required under this Limited Warranty, and, if requested by Contractor until 7:00 p.m., unless prohibited by local law or recorded community covenants.

  1. EXCLUSIONS.   Excluded from this Limited Warranty are the following:

  1. Any items for which Contractor is not responsible under the Construction Standards;

  2. Bodily or personal injury of any kind;

  3. Mental and emotional pain and suffering;

  4. Loss or damage to personal property;

  5. Loss or damage resulting from Owner's failure to comply with Owner's obligations or otherwise resulting from Owner's improper maintenance or improper operation;

  6. Loss or damage resulting from Owner's failure to provide prompt notice to Contractor of a problem;

  7. Any defect, damage, or loss resulting from actions or inactions of persons other than Contractor, such as independent contractors retained by Owner;

  8. Consequential or incidental damages of any kind or nature;

  9. Loss or damage caused by external forces, such as acts of God, windstorm, fire, explosion, smoke, water, hail, lightning, falling trees, flood, earthquakes, radon or other gases, pollution, toxic substances, civil disturbance, changes in the level of the underground water table which are not reasonably foreseeable at the time of construction, or criminal acts of a third party;

  10. Any loss, damage, defect, cost or expense which is caused by an occurrence for which compensation is provided by state legislation, or which is covered by insurance of Owner;

  11. Any loss or damage by insects or vermin;

  12. Any loss or damage arising while the Property is being used primarily for nonresidential purposes or from the Property being used for nonresidential purposes;

  13. Expenses of shelter, transportation, food, moving, storage, or other incidental expenses related to relocation during repair, or any other cost or damages relating to loss of use, inconvenience, or annoyance;

  14. Normal wear and tear, normal deterioration, or normal changes that are the result of characteristics common to the materials used;

  15. Loss or damage resulting from Owner's failure to comply with warranty requirements of manufacturers;

  16. Any appliances, piece of equipment, or other item that is a consumer product for the purpose of the Magnuson-Moss Warranty Act, 15 U.S.C.§ 2301, et. seq., installed or included in the Property, including but not limited to any heating and air conditioning equipment, heat pump, electric air cleaner, exhaust fan, thermostat, space heater, furnace, air conditioning system, humidifier, whirl pool bath, garbage disposal, water heater, water softener, sump pump, refrigerator, freezer, trash compactor, range, oven, kitchen center, dishwasher, oven hood, clothes washer, clothes dryer, ice maker, central vacuum system, smoke detector, fire alarm, fire extinguisher, garage door opener, chime, water pump, intercom, burglar alarm, electric meter, gas meter, or electric barbecue grill;

  17. Any Owner or third party supplied materials, fixtures or workmanship;

  18. Defects in swimming pools and other recreational facilities;

  19. Defects in landscaping, including sodding, seeding, shrubs, trees, plants, and fences;

  20. Exterior hardware;

  21. Loss or damage resulting from abnormal loading on floors by Owner which exceed design loads as mandated by applicable building codes; and

  22. Damage, including but not limited to fading and ghosting of paint or other surfaces, resulting from the use of candles.

 

 

 

  1. OPTIONS AVAILABLE TO CONTRACTOR.  In lieu of repairing any item covered by the Limited Warranty, Contractor has the option of replacing such item or paying reasonable sums to Owner with which to have that item addressed by Owner or third party. Unless an item is an emergency or additional material damage would result from delay in addressing it, Contractor has the option of waiting to address all or several items at once or in groups.

 

 

 

  1. MISCELLANEOUS.  This Limited Warranty is part of the Agreement and incorporates its terms and provisions (including without limitation those requiring mandatory binding arbitration and mediation), except to the extent they conflict with the terms of this Limited Warranty, in which event the terms of this Limited Warranty shall prevail.

 

CANCELLATION NOTICE

EXHIBIT "F".

 

YOU, THE OWNER MAY CANCEL THIS TRANSACTION, WITHOU ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE DATE OF ACCEPTANCE.

 

IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN TEN (10) BUSINESS DAYS FOLLOWING RECEIPT BY THE CONTRACTOR OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.

 

IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE CONTRACTOR AT YOUR RESIDENCE, IN SUBSTANIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THE CONTRACT OR SALE; OR YOU MAY, IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE CONTRACTOR REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE CONTRACTOR’S EXPENSE AND RISK.

 

IF YOU DO MAKE THE GOODS AVAILABLE TO THE CONTRACTOR AND THE CONTRACTOR DOES NOT PICK THEM UP WITHIN TWENTY (20) DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE CONTRACTOR, OR IF YOU AGREE TO RETURN THE GOODS TO THE CONTRACTOR AND FAIL TO DO SO, THEN YOU MAY REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT.

 

TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, TO RANNEY BLAIR CONSTRUCTION AT 42-C OAK STREET, ROSWELL GA 30075. NO LATER THAN MIDNIGHT OF THE THIRD (3rd) DAY FROM ELECTRONIC SIGNATURE DATE.

PAYMENTS BY CREDIT CARD/ BANK CARD

EXHIBIT "G"

 

Credit card payments will be accepted with Owner incurring a processing fee of 4.0% per transaction. Contractor reserves the right to approve or deny certain Credit Cards/Bank Cards at Contractor’s sole discretion. It is Owner's responsibility to ask Contractor for a list of accepted Credit Cards/Bank Cards to determine whether Owner will have the ability to make payments through an approved Credit Card/Bank Card. Owner and Contractor solely and unilaterally agree that Owner will never initiate a chargeback transaction in any manner including but not limited to contacting your credit card's issuing institution, or its associated payment network to attempt to entirely recoup or reduce a payment made for the Contract, any monies associated with the contract, or work performed. Owner solely and unilaterally waives any remedy afforded through Owner's credit card provider and the ability to initiate a charge back to Contractor (Ranney Blair Construction or its subsidiaries). Owner agrees that initiating a charge back transaction would cause irreparable harm to Contractor's reputation and ability to continue to operate. Owner solely & unilaterally agrees that initiating a charge back, as a remedy of default, is a breach of the Contract which will subject Owner to all remedies afforded to Contractor under the agreement including but not limited to those outlined in Sections 15 and 17  of the Terms and Conditions. Owner solely & unilaterally agrees that the only remedy of default is Binding Arbitration as set forth in Section 17.17.1(a) of the Terms and Conditions. In addition to all other remedies, Owner agrees to irrevocably pay Contractor as an administrative fee of $500 for any such charge back attempt due at time of charge back initiation.



 

1. AGREEMENT.   The Agreement between Contractor and Owner shall include, but not be limited to, the following: Letter of Intent, Project Development Agreement, Construction Services Contract, Design Materials Deposit, the Terms and Conditions, any Special Conditions, Owner’s Policies, Design Standards and Insurance Requirements (together, the “Agreement”) along with Drawings, Specifications, addenda issued before issuance of the Agreement and any subsequently executed Change Order (together with the Agreement, the “Agreement Documents”). All of the foregoing combined shall govern the legal relationship between the parties for the Project for which  Owner has hired the Contractor.

2. ESCALATION CLAUSE FOR SPECIFIED BUILDING MATERIALS.  The Contract Price is based on current prices for the building materials. Owner understands and agrees that if during the performance of the Contract, the price of materials significantly increases through no fault of the Contractor, Contractor at their option shall be entitled to a Change Order increasing the Contract Price to include any such increases incurred. This Change Order will be supported by invoices, bill of sale, or other applicable documentation showing the increase in cost.

3. SELECTIONS AND ALLOWANCES.  The Contract Price is based on the allowances, if any, shown in Exhibit "B", Scope of Work. These are the Contractor's estimated expenses for certain items and finishes (e.g., paint, fixtures, and appliances); selections that the Owner will make during the course of Construction. Owner is responsible for additional costs that exceed the allowance. If Owner’s selection substantially exceeds the allowance for any item, Owner will pay Contractor, with or without a Change Order, the extra cost associated with such item, plus twenty-five percent (25.0%) for Contractor's profit and overhead. At Contractor's option, Contractor may require this amount be paid by Owner before or immediately upon performance of work. Any balance due to the Owner or Contractor will be paid or made when the next payment is due per Exhibit "C", “Construction Payment Draw Schedule”. Owner shall make all finish selections on the “Specifications and Allowances” by the defined date on the “Specifications and Allowances” or, if none, within five (5) days from notification by Contractor. If a selection is not timely made, Contractor reserves the right to make said selection or to charge Owner One Hundred Dollars ($100.00) per day as Liquidated Damages. Any delay by the Owner in making a selection will extend, by an equal time, the date for Substantial Completion. If the Owner selects an item that exceeds the allowance on the “Specifications and Allowances”, the Contractor may require the Owner to pay for that item before ordering or installing it. The payment is not refundable after purchase or installation.

4. UNAPPROVED TRADE PARTNERS AND SUPPLIERS.  We choose our trade partners carefully.  Work or products by and from unapproved trade partners and suppliers will not be warrantied or guaranteed

We list any unapproved trade partners in the Contract, and it states that we offer no warranty or guarantee for those products or subs. It also states that any delays or increased costs associated with unapproved trade partners will result in a change order and additional cost to the client.

5. PAYMENTS TO CONTRACTOR. All payments shall be in standard U.S currency in the form of cash or check, unless otherwise agreed upon.

     5.1 Deposit. Owner will pay an initial deposit ("Deposit") to Contractor in the amount of 25.0% of Contract Price upon signing the Agreement. This deposit is non-refundable.

     5.2 Progress Payment. Owner will pay Contractor per the Exhibit "C" Construction Payment Draw Schedule. Failure to make progress payments in full when due will immediately excuse Contractor from continued work. Any delay in making a progress payment in full will extend Contractor's date for achieving Substantial Completion (defined below) by the length of the delay.

     5.3 Final Payment. Final payment is due within five (5) days after Substantial Completion, as defined below.

     5.4 Interest. Any amount not paid by Owner within thirty (30) days of the due date will accrue interest at eighteen percent (18.0%) per annum.

     5.5 Credit Card & Bank Card. Payments are accepted under the terms of the Contract as outlined in Exhibit "G". Owner will incur a processing fee of 4.0% per transaction.

6. TIME OF PERFORMANCE.

     6.1 Commencement. Contractor will commence work within forty-five (45) business days after the Agreement has been signed, all required permits and approvals have been issued, Contractor has received the Deposit, and design phase (layouts, drawings, approved selections) is complete, whichever is last to occur.

     6.2 Completion. Contractor will diligently pursue and substantially complete all work within a reasonable time. The Project will be considered substantially complete upon the earliest of any of the following:

            a) issuance of a government certificate of occupancy, final or temporary;

            b) notice from Contractor that the work has been completed if a certificate of occupancy is not required; or

            c) the Project is useable for the intended purpose.

     6.3 Extensions. The estimated date for Substantial Completion shall be extended for any reason specified in the Agreement, or causes beyond Contractor's control, including without limitation, Change Orders or other changes by the Owner, inclement weather to the extent that work is not reasonably possible, differing site conditions, the presence of hazardous materials, labor disputes, natural disasters, pandemics, epidemics, acts of God, acts of war, terrorism or criminal activity, unavailability of materials, stoppage required to comply with governmental order or regulation, the failure to timely act by governmental agencies or their employees, changes in government laws, regulations, codes or other requirements, and interference by Owner. Contractor will not be liable for any damage relating to these extensions.

     6.4 Guaranteed Completion Date. Contractor will pay $100/week for projects that extend past Substantial Completion outside of reasons in Paragraph 6.

7. CHANGES TO THE PROJECT OR CONTRACT PRICE.  Owner may not make changes to the Project without Contractor's agreement. In the case changes are made without Contractor's agreement a Change Order will be issued to include, but not limited to materials, labor, re-inspection fees and reasonable profit and overhead. Owner must timely request any desired change to permit scheduling and completion with minimum interruption and Contract Price increase. The Contract Price to complete the Project may increase or decrease due to:


  1. changes to the Project requested by Owner and agreed to by Contractor;

  2. changes in codes or other legal requirements after commencement; and

  3. defects in the existing structure (such as soil conditions that may require extraordinary work,

  4. inadequate structural support, or termite/wood rot or other damage to the existing structure) that could not reasonably have been observed by Contractor before the work.

 

If a latent structural defect is discovered, Contractor will give notice to the Owner and may prepare an estimate of the anticipated increase in Contract Price to complete the Project. Expenses incurred by Contractor in preparing the estimate (such as engineering fees) shall be paid by Owner when billed by Contractor unless otherwise agreed in writing.

 

Except for changes in codes or other legal requirements after commencement, any change to the Project or Contract Price will be agreed to by the Parties and may be memorialized in a written Change Order; an example of which is shown in Exhibit "D." For any change requested by Owner, whether or not a Change Order is executed, Owner will reimburse Contractor for all labor and material expenses and reasonable profit and overhead. All change orders shall be paid in full at the time the Change Order is accepted by both parties.



 

  1. CONSTRUCTION STANDARDS.  Contractor will construct the Project in compliance with the government codes, regulations and ordinances, in substantial compliance with the Plans and the Specifications, as they may be modified per the Agreement, and in substantial compliance with any warranty under paragraph 6. Collectively, these standards will be referred to in the Agreement as the "Construction Standards." Contractor has no liability, under the Limited Warranty or otherwise, for errors or omissions attributable to its compliance with the Plans or the Specifications prepared by an architect or other agent of Owner, or for the following instructions, directions or rules of the architect or agent of the Owner, of any community association or related entity, or governmental entity or official, and Owner releases Contractor from any claims arising from or relating to such matters and shall Indemnify, as defined below, Contractor and its employees, officers, members, partners, agents and representatives arising from or relating to claims about such matters.

 

 

 

  • PROJECT ORIENTATION.

 

 

 

  1. Project Orientation List. Upon Substantial Completion, the Parties will inspect the Project and prepare, sign and date a Project Orientation List (Punch List) listing all items that remain to be completed in accordance with the Construction Standards, including any noted in previous inspections.

 

 

 

  1. Corrective Work. Contractor will use its best efforts to satisfactorily complete all items on the Project Orientation List within a reasonable time. The listing of any item will not permit Owner to withhold or delay final payment.

 

 

 

  1. Private Inspections. If Owner chooses to use a private home inspector or consultant to inspect the Project, the inspector must at the time of an inspection:

  1. maintain all business licenses required by law;

  2. be a member of the American Society of Home Inspectors or the Georgia Association of Home Inspectors, be a certified ICC Residential Combination Inspector, or have other credentials mutually agreed upon between the Parties; and

  3. have general liability insurance and professional liability errors and omissions insurance of at least $500,000 each. At the beginning of an inspection, Owner must provide Contractor with proof that the inspector meets these requirements. Arrangements for a private inspection must be made at least one (1) week in advance. If the inspector concludes that there are code violations, the Owner must require the inspector to provide a written list specifying the applicable code(s) and section(s) for each alleged violation. Any inspection must evaluate construction solely in accordance with the Construction Standards.

 





 

  1. LIMITED WARRANTY.  If a warranty is offered on the Project, it will be included in the Contract as Exhibit "E". Contractor's Limited Warranty is a five (5) year limited warranty, which shall become effective upon Substantial Completion. The Limited Warranty shall be voidable, in Contractor's sole discretion, in the event that final payment to Contractor is not made. THIS LIMITED WARRANTY IS IN LIEU OF ANY OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

 

 

 

  1. DISCLAIMERS AND DISCLOSURES. These disclaimers and disclosures apply to the Agreement, including to the extent relevant, to any limited warranty.

 

 

 

  1. Matching. Contractor will use reasonable efforts to match old and new materials and to patch damage to existing materials where they join new materials. But, the point of connection and patched area may be detectable. Contractor has no liability or responsibility to make the old and new materials look identical or joint invisible.

 

 

 

  1. Property Damage. Contractor will use reasonable efforts to minimize damage to existing improvements, including, without limitation, driveways, landscaping, lawns, and any other existing improvements on the Property. However, Contractor is not responsible or liable for minor incidental or consequential damages to the Property, other than the Project, or to Owner's personal property. Owner is responsible for removing or protecting personal property, furniture, landscaping, or other items in the vicinity of the renovation Project.

 

 

 

  1. Assumption of Risk & Disturbance. Owner understands and acknowledges that during the course of construction, the Project area may not be safe for non-construction personnel. Owner, at its expense, may inspect, examine and test the Project at reasonable times during normal business hours. While engaging in these activities, Owner will not interfere with progress of work. Contractor or its representative may be present during these activities. Owner assumes all responsibility for its own acts, those of Owner's family members, and those of its representatives in exercising these rights and will Indemnify Contractor from any claims arising out of or relating to that exercise. If Owner becomes aware of any problem during any such inspection, it will promptly notify Contractor.

 

 

 

  1. Noise and Dirt. Loud noise, dust, dirt, and general commotion can be expected during construction. Owner understands and acknowledges that these conditions may exist from approximately 8:00 a.m. to 6:00p.m, Monday through Saturday. Owner will be solely responsible for addressing any concerns of neighbors or adjacent property owners.

 

 

 

  1. On-Site Utilities and Facilities. Unless otherwise agreed in writing, Contractor and its subcontractors and employees may use the utility services, telephone (not including toll calls), water supply, and designated bathroom within the Project area without charge.

 

 

 

  1. Advertising. Contractor may display its business sign (subject to applicable ordnances) in a place on the property visible until Substantial Completion of the Project, and take pictures of the Project, before, during, and afterward, for use at any time in advertising, promotional material, or displays.

 

 

 

  1. Exclusions. Unless specifically included in the Plans or the Specifications, the Project specifically excludes:

  1. Correction of existing out-of-plumb or out-of-level conditions in existing structure.

  2. Correction of concealed substandard framing,

  3. Re-Routing/removal of vents, pipes ducts, structural members, wiring, conduits or steel mesh that may be discovered in the removal of walls or the cutting of opening in walls,

  4. Changing electrical service or electrical equipment that is in violation of the applicable electrical or building codes,

  5. Painting the interior and exterior of the existing residence, and

  6. The identification, detection, abatement, encapsulation, handling, or removal of any hazardous materials or substances as defined by the U.S. Environmental Protection Agency.

 

 

 

  1. Mold. Mold cannot be completely eliminated from inside a house. It will grow when moisture or water accumulates inside. If Owner discovers moisture or water after occupancy, Owner should promptly control its source.

 

 

 

  1. Sounds. Water and other sounds may be heard in plumbing and wastewater lines.

  2. Wood Products. Grain patterns and colors in wood products may vary.

 

 

 

  1. Stone Products. Veins and colors in marble, slate or other stones may vary.

 

 

 

  1. Hardwood Floors. Hardwood floors may be damaged from normal wear and tear, including from moving furniture, high heels and dog nails.

 

 

 

  1. Cleaning Products. Owner should carefully review directions for cleaning products to make sure they are appropriate for the area being cleaned.

 

 

 

  • Perfection. Although Contractor takes great pride in its work, the construction process necessarily depends on labor and materials from others and is too complicated for any contractor to construct a perfect house. There is no such thing as a perfect house. Owner recognizes and accepts this reality.

 





 

  1. INSURANCE REQUIREMENTS/RISK OF LOSS.  Contractor must maintain workers compensation insurance and liability insurance required by law for damages to persons or property who enter the Project at Contractor's request. Owner is responsible for all other insurable risks, including without limitation, property, builder's risk, casualty, and theft insurance in an amount necessary to cover the Project and home contents and to meet any other lender insurance requirements. The builder's risk insurance will be on an all-risk policy form and include the interests of Owner, Contractor and all subcontractors, sub-subcontractors, material men and suppliers performing work on the structure or providing supplies or materials to the structure. Owner's liability and property insurance will be from companies authorized to do business in Georgia. Owner and Contractor waive all rights against each other and any of their subcontractors, lower-tier subcontractors, agents and employees for damages caused by fire or other causes of loss to the extent covered by the builder's risk policy required by the Agreement, except such rights as they have to proceeds of such insurance held by Owner as fiduciary. The builder's risk policy shall provide such a waiver of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. Owner bears the risk of loss for all materials incorporated into Project or stored on the job site.

 

 

 

  1. OWNER WARRANTIES & RESPONSIBILITIES.  In addition to all other Owner duties, the following apply:

  1. Ownership. Owner warrants and represents that:

  1. it is currently the sole holder of legal and equitable title to the Property;

  2. there are currently no leases, restrictions, easements, covenants, rules or regulations or other encumbrances on the Property that would prevent or inhibit construction of the Project on the Property as contemplated in the Plans and the Specifications;

  3. the Property complies with all zoning, planning, environmental, community association and other building requirements; and

  4. all utilities necessary for completion of the Project are available at the Property and no easements are required to bring them to the Property. Except to execute a security deed to obtain a loan, Owner will not transfer any interest in the Property or otherwise encumber the Property until Contractor has been fully paid per the Agreement.

 

 

 

  • Access. Owner must provide Contractor and all employees, subcontractors, suppliers, and consultants of Contractor with adequate access to the Project as reasonably required by Contractor to perform the Agreement. Owner shall provide Contractor keys that are reasonably necessary for access, regardless of owners’ availability.

 

 

 

  1. Homeowner Association Approval. Owner is responsible for obtaining all approvals required by an architectural control committee or community association.

 

 

 

  1. Survey. Owner is responsible for obtaining any reasonably necessary boundary surveys, site plans, foundation surveys, and final surveys.

 

 

 

  1. Easements and Zoning. Owner must provide any reasonably required easements, variances, zoning changes, modifications to restrictive covenants, and other similar matters prior to commencement of the Project.

 

 

 

  1. Hazardous Materials. Owner represents that it is not aware of any hazardous materials or substances as defined by the U.S. Environmental Protection Agency, including but not limited to, asbestos, polychlorinated biphenyl (PCB), and lead paint, to which Contractor or its employees or subcontractors may be exposed during construction of the Project. If Contractor encounters or reasonably believes it has encountered any of these substances, it may stop work and remove its employees and subcontractors from the area until the nature of and remedy for the materials has been determined. If that information cannot be determined within a reasonable time, Contractor may terminate the Agreement and be compensated as for Owner's default under the Agreement. Owner will Indemnify, as defined below, Contractor and its employees, officers, members, partners, agents and representatives from any claims arising out of or relating to hazardous materials and substances.

 

 

 

  1. SUBCONTRACTORS, EMPLOYEES & SUPPLIERS.  Contractor is entitled to select the subcontractors, employees, and suppliers who will work on or provide materials for the Project. Contractor is solely responsible for hiring, firing, and supervising construction personnel. Owner will not give directions or orders to anyone other than Contractor or its designated Project supervisor. Owner will not interfere with construction personnel or negotiate with or retain any of Contractor's employees or subcontractors without Contractor's prior written consent. Owner will not have any work performed on the Project by other personnel until Contractor has completed the Project or the Agreement has been terminated.

 

 

 

  • DEFAULT.

 

 

 

  1. Default. Contractor will be in default under the Agreement if it abandons work on the Project or otherwise refuses to carry out its obligations under the Agreement (unless the abandonment or refusal is based upon a prior uncured default by Owner). Contractor will be deemed to have abandoned work if neither it nor any subcontractor performs any work on the Project for twenty-one (21) consecutive days unless that is the result of a force majeure or other excused cause. Owner will be in default under the Agreement if it refuses to permit Contractor to complete performance, fails to pay any amounts when due, or otherwise fails or refuses to carry out its obligations under the Agreement, unless that is based on a prior uncured Contractor default.

 

 

 

  1. Notice. If a default occurs, the non-defaulting Party must give the defaulting Party written notice (other than for the payment of money),which specifies the event(s) of default. The defaulting Party will have ten (10) days (except for the payment of a progress payment or final payment) from receipt of the notice in which to begin curing the default, which cure must be continuously pursued and completed within a reasonable time in light of the nature of the default. If the default is cured within that time, the Agreement will remain in full force and effect and neither Party may assert claims as the result of the default. If a default is not cured within that time or a payment is not made when due, the non-defaulting Party may suspend performance under the Agreement.

 

 

 

  1. Termination. If Owner terminates as a result of a contractor default, Owner must pay Contractor:

  1. amounts then due based on the payment schedule for the work completed;

  2. amounts due in any Change Order;

  3. amounts due for allowances or finish selections that have been made; and

  4. all expenses incurred by Contractor in connection with the Project that are not otherwise covered under this subparagraph. If Contractor terminates because of a default by Owner, Owner must pay Contractor all the amounts to be paid to Contractor under the immediately preceding sentence, plus any profit Contractor would have earned under the Agreement absent that default.

 

 

 

  • STATUTORY ALTERNATIVE DISPUTE RESOLUTION.

 

 

 

  1. "Act:" Under this paragraph "Act" means o.c.G.A. §§ 8-2-35 through 8-2-43.

 

 

 

  1. Notice: GEORGIA LAW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT OR OTHER ACTION FOR DEFECTIVE CONSTRUCTION AGAINST THE CONTRACTOR WHO CONSTRUCTED, IMPROVED, OR REPAIRED YOUR HOME. NINETY (90) DAYS BEFORE YOU FILE YOUR LAWSUIT OR OTHER ACTION, YOU MUST SERVE ON THE CONTRACTOR A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE. UNDER THE LAW, A CONTRACTOR HAS THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS OR BOTH. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY A CONTRACTOR. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT OR OTHER ACTION.

 

 

 

  1. "Construction Defect:" For application of the Act, the term "construction defect" means: any matter concerning the design, construction, or repair of a "dwelling," as that term is defined in O.C.G.A. § 8-2-36 (7), or an alteration of, repair, or addition to an existing dwelling, or of an appurtenance to a dwelling on which a person has a complaint against a "Contractor," as that term is defined in O.C.G.A. § 8-2-36 (6); and any physical damage to the dwelling or real property on which it is located that is caused by a construction defect. This definition does not change or expand the definition of "Construction Standards" in the Agreement or duties relating to design, construction, repair or replacement under the Agreement, any limited warranty, the law or otherwise. The term "construction defect" is incorporated into the Agreement to make it clear that any "action," as that term is defined in O.C.G.A. § 8-2-36 (1), whether based on breach of contract, breach of warranty, negligence, fraud or other statutory or common-law grounds, that alleges a "construction defect" is subject to the Act.

 

 

 

  1. Interaction of Act and Agreement: Owner's obligations under the Agreement are in addition to those under the Act.

 

 

 

  1. Failure to Follow Act: Except as permitted by O.C.G.A. § 8-2-38 (o), if Owner files an "action," as that term is defined in O.C.G.A. § 8-2-36 (1), without first complying with the requirements of the Act, Owner will be liable for the reasonable attorney's fees and expenses incurred by Contractor in obtaining a stay or dismissal of that action. Owner agrees that a dismissal, not just a stay, is appropriately given the arbitration and mediation provisions below.

 

 

 

  • ARBITRATION AND MEDIATION.

 

 

 

  1. Arbitration:

  1. Claims between the Parties: The Parties will cooperate in good faith to avoid and informally resolve any claims or disputes between them. Warranty procedures first apply to any such unresolved warranty claims or disputes. Any warranty claim, if any, that thereafter remains unresolved and any other claim or dispute of any kind or nature between the Parties arising out of or relating to the Agreement or the breach of it, the Project or the Property, must be resolved by binding arbitration per O.C.G.A. § 9-9-1 et seq., and the rules and procedures of the arbitrator.

  2. Non-Parties:

  1. Owner Claims against Non-Parties: Any claim or dispute, if any, of any kind or nature between Owner and the person signing the Agreement on behalf of Contractor that arises out of or relates to the Project or the Property must be resolved by binding arbitration per O.C.G.A. § 9-9-1 et seq., and the rules and procedures of the arbitrator. The Contractor signatory's execution of the Agreement on behalf of Contractor shall constitute that person's agreement to the arbitration and mediation provisions of this paragraph but shall not otherwise make that signatory a party to the Agreement. The arbitration of any such claim or dispute shall be consolidated with the arbitration of any claim or dispute by Owner against Contractor relating to the Project or the Property.

  2. Contractor Claims against Non-Parties: If Contractor or its signatory has any claim against any non-party to the Agreement, such as a subcontractor, architect, engineer, consultant, manufacturer or supplier, that relates to a claim by Owner against Contractor or its signatory, Owner consents to that claim being addressed in an arbitration with Owner or its signatory if Contractor or its signatory chooses to assert it in that arbitration and if the non-party is subject to or agrees to arbitration before the arbitrator.

  3. Representative Status: Owner may not bring claims against Contractor or its signatory as a representative or member of a class. Owner's claims shall not be consolidated with any claim arising from other houses constructed or sold by Contractor.

  1. Arbitrator: Absent a subsequent agreement to a different arbitrator, Construction Arbitration Associates, Ltd. shall be the arbitrator. Any questions about the interpretation of this arbitration paragraph or the arbitrability of a dispute under it shall be decided by the arbitrator, unless specifically required by law to be decided by a court, and those decisions shall be binding. Should someone subject to arbitration under the Agreement fail or refuse to participate in arbitration proceedings, the arbitrator is authorized to proceed with the arbitration.

  2. Award: The arbitrator's award is final and may be enforced in a court having jurisdiction and venue.

  3. Arbitrator Charges: The fees and charges of the arbitrator and arbitration service shall initially be shared evenly by Owner, Contractor and any non-parties, but the arbitrator may otherwise allocate those fees and charges in the award.

  4. Attorney's Fees, Expert Fees and Other Expenses:

  1. Lawsuit Attorney's Fees and Expenses: If a Party files a lawsuit that is subject to arbitration under the Agreement, that Party shall be liable for the reasonable attorney's fees and expenses incurred by the other Party or Contractor's signatory in obtaining a stay or dismissal of that lawsuit. The Parties agree that, under those circumstances, a dismissal is appropriate unless the non-filing party waives arbitration.

  2. Arbitration Attorney's Fees, Expert Fees and Expenses: For claims or disputes between Owner and Contractor or its signatory, the arbitrator is authorized to award attorney's fees and expenses in favor of the Party or person in proportion to which the arbitrator determines that Party or person prevailed in the arbitration.

 

 

 

  1. Mediation: Either Party may require the other Party (and Contractor's signatory may require Owner) to mediate a claim or dispute that is otherwise subject to arbitration as a condition to initiating or proceeding with an arbitration. If either Party (or Contractor's signatory) requires mediation, those mediating shall attempt to agree on a mediator. If they cannot, the mediator shall be selected by Miles Mediation & Arbitration Services, LLC from among its mediators with significant construction litigation experience. If Contractor or its signatory has a claim against any non-party to the Agreement, such as a subcontractor or architect, that relates to a claim by Owner against Contractor, Owner consents to that claim against that non-party being addressed in the mediation with Owner if Contractor chooses to assert it in that mediation and if the non-party is subject to or agrees to mediation before the mediator. The fees and charges of the mediator and mediation service will be shared evenly by Owner, Contractor and any non-parties.

 

 

 

  1. Insured Warranties:  If an insured warranty is provided to Owner under the Agreement, its arbitration and mediation provisions, if any, shall prevail to the extent that they conflict with those provisions in paragraph 17.

 

 

 

  1. Termination and Rescission:  The arbitration and mediation terms of paragraph 17 shall apply even if the Agreement is terminated or rescinded or if termination or rescission is sought.

 

 

 

  • OTHER PROVISIONS.

 

 

 

  1. Governing Law: The Agreement and all of its provisions, exhibits and attachments will, except if required by federal law, be governed by and construed, interpreted and enforced in accordance with the laws of the State of Georgia, not including its conflict laws.

 

 

 

  1. Entire Agreement: The Agreement is the entire agreement between the Parties and may not be modified except in writing signed by all Parties. No Party is relying on promises or other inducements not in the Agreement.

 

 

 

  1. Multiple Owners: If there is more than one Owner, each Owner authorizes and empowers any other Owner to act on behalf of all of them in connection with any matters relating to the Agreement, including, for example, changes in the work and Change Orders, and each Owner authorizes Contractor to rely on that action. This authorization does not preclude Contractor from requiring that each Owner agree to matters relating to the Agreement.

 

 

 

  1. Terms: All pronouns, singular or plural, masculine, feminine or neuter, mean and include the person, entity, firm, or corporation to which they may refer under the context. Where appropriate in the context, the singular means and includes the plural and the plural means and includes the singular.

 

 

 

  1. Notices: A notice will be deemed to have been delivered as of the date and time actually received by the Party to whom the notice was directed. Refusal to accept or inability to deliver because of changed physical or e-mail address of which no notice was given will be deemed receipt of notice. Any Party, by written notice to the others in the manner provided in the Agreement, may designate a new physical or e-mail address. If Owner is more than one person, notice to one shall be deemed notice to all. Except as otherwise provided for in the Agreement, all notices or demands required or permitted hereunder must be in writing to the address provided in the Agreement and delivered either:

  1. in person;

  2. by courier or overnight delivery service prepaid;

  3. by e-mail or facsimile (Fax) transmission; or

  4. by the United States Postal Service, postage prepaid, registered or certified, return receipt requested.

  5. by software, via Buildertrend.

 

 

 

  1. Severability: Each provision of the Agreement is severable from every other provision of the Agreement. If any provision is determined to be unenforceable, the rest of the Agreement will remain valid and enforceable. If any provision of the Agreement is determined unenforceable in part, in a particular context or as to a particular right, the Agreement will remain enforceable in all other parts, contexts and as to all other rights.

 

 

 

  1. Time: Time is of the essence of the Agreement.

 

 

 

  1. Duty to Cooperate: Documentation, as is reasonably necessary to carry out the duties of the Agreement, will be produced, executed and/or delivered by the Parties at the time required to fulfill the terms and conditions of the Agreement and the Parties shall in good faith take actions reasonably necessary to consummate the Agreement. The duty does not require Seller to execute documents that impose additional obligations on Seller.

 

 

 

  1. Indemnify: The term "Indemnify," as used in the Agreement, means that the Owner will indemnify, hold harmless, and defend Contractor and its employees, officers, members, partners, agents and representatives to the fullest extent permitted by Georgia law as to any claims relating to the stated subject matter, including as to attorney's fees and legal proceeding costs and expenses arising from such claims. The term "Indemnify" does not cover claims arising from Contractor's or its employees, officers, members, partners, agents and representatives’ sole negligence or intentional misconduct.

 

 

 

  1. Permit: Unless the permitting authorities require Owner to do so, Contractor shall obtain any necessary building permit for construction of the Project. Owner shall fully cooperate with Contractor in obtaining that permit and shall sign those documents reasonably necessary or appropriate for obtaining it. If a required permit cannot be obtained, Contractor may void the Agreement.

  2. Salvage: Without compensation to Owner, Contractor shall have the right to salvage any of the fixtures or materials that are removed from the Property in order to complete the Project.

 

 

 

  1. Spoliation: Except for an emergency, Owner will notify Contractor of any alleged construction defect that may be a basis for a claim by Owner against Contractor or any subcontractor of Contractor and give Owner and any such subcontractor an opportunity to inspect that alleged defect before repairing or disturbing it. Owner's failure to do so will be spoliation and will waive and release Owner's claim against Contractor and such subcontractor relating to that alleged defect and the consequences of it.

 

 

 

  1. Waiver of Consequential Damages:  Contractor waives claims against Owner for consequential damages arising out of or relating to the Agreement. This waiver includes, without limitation, and except if expressly elsewhere permitted in the Agreement.  Consequential Damages, include, but are not limited to Damages incurred by the Owner for rental expenses, for losses of use, income, profit, for increased cost of and loss of financing, and for damages to reputation.

 

 

 

  1. CANCELLATION NOTICE.   If this is a transaction covered by 16 C.F.R. § 429.l, the following statement applies. In that event, the Cancellation Notice that is Exhibit F applies. Otherwise, it does not apply, and the statement below is inapplicable.

 

 

You, the Owner, may cancel this transaction at any time prior to midnight of the third (3rd) business day after the date of this transaction. (See the notice of cancellation form for an explanation of this right.)

LIMITED WARRANTY AGREEMENT

EXHIBIT "E"

 

This Limited Warranty is Exhibit “E” to the Construction Agreement for Home Renovation (Stipulated Sum Basis) ("Agreement") between Owner and Contractor.

 

 

  1. LIMITED WARRANTY.  Subject to the terms of this Limited Warranty, Contractor agrees that, for the term of this Limited Warranty, the Project will substantially conform with the Construction Standards of the Agreement, which shall include, but not be limited to one of the following:

  1. The terms of the current version of the Homeowner Handbook published by the Greater Atlanta Home Builders Association, Inc. that cover the Project (provided that the term "closing" in the Homeowner Handbook will be deemed to be the date of Substantial Completion), supplemented by any higher standards in the current version of the Residential Construction Performance Guidelines for Professional Builders & Remodelers, published by the National Association of Home Builders.

  2. The current version of the Residential Construction Performance Guidelines for Professional Builders & Remodelers, published by the National Association of Home Builders.

 

 

Owner acknowledges that, before Owner executes the Agreement or the Limited Warranty, Owner received and/or reviewed the current version of the Residential Construction Performance Guidelines for Professional Builders & Remodelers published by the National Association of Home Builders, and, if applicable, the current version of the Homeowner Handbook published by the Greater Atlanta Home Builders Association, Inc. Owner agrees to accept reasonable matches in any repair or replacement in the event the specified or originally used item or material is no longer reasonably available.

 

 

  1. TERM.  The term of this Limited Warranty ("Warranty Term") is five (5) years beginning the date of Substantial completion, except, if applicable, for items in the Homeowner Handbook mentioned above that are only warranted to meet a standard on the date of "closing" (which shall mean Substantial completion for purposes of this paragraph.).

 

 

 

  1. NOTICE TO CONTRACTOR.  If there is an item for which contractor has responsibility, Owner must provide written notice of that item to Contractor. The notice must be given in the manner required by the Agreement for notices. The notice must specify the item in detail and must be given to Contractor within the Warranty Term. Contractor shall not be responsible for items for which a required, timely notice has not been given. Owner shall permit Contractor and/or Contractor's agents, employees or contractors, reasonable access to the Property during normal business hours (Monday - Friday, 9:00 a.m. - 5:00 p.m.) to inspect or perform work required under this Limited Warranty, and, if requested by Contractor until 7:00 p.m., unless prohibited by local law or recorded community covenants.

  1. EXCLUSIONS.   Excluded from this Limited Warranty are the following:

  1. Any items for which Contractor is not responsible under the Construction Standards;

  2. Bodily or personal injury of any kind;

  3. Mental and emotional pain and suffering;

  4. Loss or damage to personal property;

  5. Loss or damage resulting from Owner's failure to comply with Owner's obligations or otherwise resulting from Owner's improper maintenance or improper operation;

  6. Loss or damage resulting from Owner's failure to provide prompt notice to Contractor of a problem;

  7. Any defect, damage, or loss resulting from actions or inactions of persons other than Contractor, such as independent contractors retained by Owner;

  8. Consequential or incidental damages of any kind or nature;

  9. Loss or damage caused by external forces, such as acts of God, windstorm, fire, explosion, smoke, water, hail, lightning, falling trees, flood, earthquakes, radon or other gases, pollution, toxic substances, civil disturbance, changes in the level of the underground water table which are not reasonably foreseeable at the time of construction, or criminal acts of a third party;

  10. Any loss, damage, defect, cost or expense which is caused by an occurrence for which compensation is provided by state legislation, or which is covered by insurance of Owner;

  11. Any loss or damage by insects or vermin;

  12. Any loss or damage arising while the Property is being used primarily for nonresidential purposes or from the Property being used for nonresidential purposes;

  13. Expenses of shelter, transportation, food, moving, storage, or other incidental expenses related to relocation during repair, or any other cost or damages relating to loss of use, inconvenience, or annoyance;

  14. Normal wear and tear, normal deterioration, or normal changes that are the result of characteristics common to the materials used;

  15. Loss or damage resulting from Owner's failure to comply with warranty requirements of manufacturers;

  16. Any appliances, piece of equipment, or other item that is a consumer product for the purpose of the Magnuson-Moss Warranty Act, 15 U.S.C.§ 2301, et. seq., installed or included in the Property, including but not limited to any heating and air conditioning equipment, heat pump, electric air cleaner, exhaust fan, thermostat, space heater, furnace, air conditioning system, humidifier, whirl pool bath, garbage disposal, water heater, water softener, sump pump, refrigerator, freezer, trash compactor, range, oven, kitchen center, dishwasher, oven hood, clothes washer, clothes dryer, ice maker, central vacuum system, smoke detector, fire alarm, fire extinguisher, garage door opener, chime, water pump, intercom, burglar alarm, electric meter, gas meter, or electric barbecue grill;

  17. Any Owner or third party supplied materials, fixtures or workmanship;

  18. Defects in swimming pools and other recreational facilities;

  19. Defects in landscaping, including sodding, seeding, shrubs, trees, plants, and fences;

  20. Exterior hardware;

  21. Loss or damage resulting from abnormal loading on floors by Owner which exceed design loads as mandated by applicable building codes; and

  22. Damage, including but not limited to fading and ghosting of paint or other surfaces, resulting from the use of candles.

 

 

 

  1. OPTIONS AVAILABLE TO CONTRACTOR.  In lieu of repairing any item covered by the Limited Warranty, Contractor has the option of replacing such item or paying reasonable sums to Owner with which to have that item addressed by Owner or third party. Unless an item is an emergency or additional material damage would result from delay in addressing it, Contractor has the option of waiting to address all or several items at once or in groups.

 

 

 

  1. MISCELLANEOUS.  This Limited Warranty is part of the Agreement and incorporates its terms and provisions (including without limitation those requiring mandatory binding arbitration and mediation), except to the extent they conflict with the terms of this Limited Warranty, in which event the terms of this Limited Warranty shall prevail.

 

CANCELLATION NOTICE

EXHIBIT "F".

 

YOU, THE OWNER MAY CANCEL THIS TRANSACTION, WITHOU ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE DATE OF ACCEPTANCE.

 

IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN TEN (10) BUSINESS DAYS FOLLOWING RECEIPT BY THE CONTRACTOR OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.

 

IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE CONTRACTOR AT YOUR RESIDENCE, IN SUBSTANIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THE CONTRACT OR SALE; OR YOU MAY, IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE CONTRACTOR REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE CONTRACTOR’S EXPENSE AND RISK.

 

IF YOU DO MAKE THE GOODS AVAILABLE TO THE CONTRACTOR AND THE CONTRACTOR DOES NOT PICK THEM UP WITHIN TWENTY (20) DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE CONTRACTOR, OR IF YOU AGREE TO RETURN THE GOODS TO THE CONTRACTOR AND FAIL TO DO SO, THEN YOU MAY REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT.

 

TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, TO RANNEY BLAIR CONSTRUCTION AT 42-C OAK STREET, ROSWELL GA 30075. NO LATER THAN MIDNIGHT OF THE THIRD (3rd) DAY FROM ELECTRONIC SIGNATURE DATE.

PAYMENTS BY CREDIT CARD/ BANK CARD

EXHIBIT "G"

 

Credit card payments will be accepted with Owner incurring a processing fee of 4.0% per transaction. Contractor reserves the right to approve or deny certain Credit Cards/Bank Cards at Contractor’s sole discretion. It is Owner's responsibility to ask Contractor for a list of accepted Credit Cards/Bank Cards to determine whether Owner will have the ability to make payments through an approved Credit Card/Bank Card. Owner and Contractor solely and unilaterally agree that Owner will never initiate a chargeback transaction in any manner including but not limited to contacting your credit card's issuing institution, or its associated payment network to attempt to entirely recoup or reduce a payment made for the Contract, any monies associated with the contract, or work performed. Owner solely and unilaterally waives any remedy afforded through Owner's credit card provider and the ability to initiate a charge back to Contractor (Ranney Blair Construction or its subsidiaries). Owner agrees that initiating a charge back transaction would cause irreparable harm to Contractor's reputation and ability to continue to operate. Owner solely & unilaterally agrees that initiating a charge back, as a remedy of default, is a breach of the Contract which will subject Owner to all remedies afforded to Contractor under the agreement including but not limited to those outlined in Sections 15 and 17  of the Terms and Conditions. Owner solely & unilaterally agrees that the only remedy of default is Binding Arbitration as set forth in Section 17.17.1(a) of the Terms and Conditions. In addition to all other remedies, Owner agrees to irrevocably pay Contractor as an administrative fee of $500 for any such charge back attempt due at time of charge back initiation.