Terms & Conditions
1. Changes in the Work
Should the Owner, construction lender, or any public body or inspector direct any modification or addition to the work covered by this contract, the contract price shall be adjusted accordingly. Modification or addition to the work shall be executed only when a Contract Change Order has been signed by both the Owner and the Contractor. The change in the Contract Price caused by such Contract Change Order shall be as agreed to in writing. The Change Order may also increase the time within which the contract is to be completed. Contractor shall promptly notify the Owner of (a) latent physical conditions at the site differing materially from those indicated in the contract, or (b) unknown physical conditions differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this contract. Any expense incurred due to such conditions shall be paid for by the Owner as added work.
2. Owner's Responsibilities
Owner agrees to allow and provide Contractor and his/her equipment access to the property.
3. Delays
Contractor agrees to start and diligently pursue work through to completion, but shall not be responsible for delays for any of the following reasons: failure of the issuance of all necessary building permits within a reasonable length of time, funding of loans, disbursement of funds into control or escrow, acts of neglect or omission of Owner or Owner's employees or Owner's agent, acts of God, stormy or inclement weather, strikes, lockouts, boycotts or other labor union activities, extra work ordered by Owner, acts of public enemy, riots or civil commotion, inability to secure material through regular recognized channels, imposition of government priority or allocation of materials, failure of Owner to make payments when due, or delays caused by inspection or changes ordered by the inspectors of authorized governmental bodies, or for acts of other contractors, or holidays, or other causes beyond Contractor's reasonable control.
4. Subcontracts
The Contractor may subcontract portions of this work to properly licensed and qualified subcontractors.
5. Taxes and Assessments
Taxes and assessments of all descriptions will be paid for by Owner.
6. Insurance and Deposits
Contractor shall carry Workers’ Compensation Insurance for the protection of Contractor's employees during the progress of the work. Contractor shall carry liability insurance to cover any damages to Owner's property resulting out of the acts of Contractor. Owner shall obtain and pay for insurance against injury to his own employees and persons under Owner's direction and person on the job site at Owner's invitation. Owner shall also procure at own expense and before the commencement of work hereunder "all risk" insurance with course of construction, theft, vandalism and malicious mischief endorsements attached, the insurance to be in a sum at least equal to the contract price. The insurance will name the Contractor and its Subcontractors as additional insureds and will be written to protect Owner, Contractor and Subcontractors as their interests may appear. Should Owner fail to procure such insurance, Contractor may do so at the expense of Owner, but is not required to do so. Owner and Contractor waive rights of subrogation against each other to the extent that any loss is covered by valid and collectible insurance. If the project is destroyed or damaged by accident, disaster, or calamity, such as fire, storm, flood, landslide, subsidence or earthquake, work done by Contractor in rebuilding or restoring the project shall be paid for by the Owner as extra work.
7. Rights to Stop Work
Contractor shall have the right to stop work if any payment shall not be made, when due, to Contractor under this Agreement; Contractor may keep the job idle until all payments due are received. Failure to make payment, within five (5) days of the date due, is a material breach of this Agreement and will entitle Contractor to cease any further work.
8. Clean Up
Contractor will remove from Owner's property debris and surplus material created by his operation and leave it in a neat and broom clean condition.
9. Compliance with Laws
In connection with the performance by Contractor of his/her duties pursuant to this Agreement, Contractor shall obtain and pay for all permits and comply with all federal, state, county and local laws, ordinances and regulations.
10. Asbestos and Hazardous Waste
Unless the contract specifically calls for the removal, disturbance, or transportation of asbestos or other hazardous substances, the parties acknowledge that such work requires special procedures, precautions and/or licenses. Therefore, unless the contract specifically calls for same, if Contractor encounters such substances, Contractor shall immediately stop work and allow the Owner to obtain a duly qualified asbestos and/or hazardous material contractor to perform the work, or do the work himself.
11. Limited Warranty
Contractor hereby warrants its work for a period of 1 year after completion against any defects in workmanship. Material warranty not to exceed manufacturer warranty. This limited warranty is in lieu of any other warranty express or implied.
12. Payment
Commercial:
Payment in full is due within 30 days of invoiced agreed upon work unless other provisions have been made with the Owner and Contractor.
Residential:
Payment in full is due in full at completion of agreed upon work unless other provisions have been made with the Owner and Contractor.
We are an honest, performance (technically) & customer oriented company that will never deliver any price gouging, manipulative sales tactics or follow a money hungry business model.
Honest work, professional top-tier tradesmen and industry leaders is what you can expect from JCC Mechanical.
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Contract & Consulting | Licensed and Insured | #1106518
