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HomeMy WebLinkAboutConstruction AgreementCONSTRUCTION AGREEMENT THIS AGREEMENT was entered into the � day of ld / between GLOBAL BUILDING CORP. (hereinafter referred to as " Name: JOHN & SUSAN TESTA Address: 840 33rd Court S.W. Vero Beach FL 32968 Telephone: 772-519-2316 RECEIVED - AUG 0 9 2019 rL Ucie Cour�ty�Permi>;ting i�,, . , ..��-- '), and (Hereinafter referred to as "Purchaser"), for consideration described herein and mutual covenants set forth herein, the parties agree and covenant as follows: 1. The Builder shall construct and provide all the labor, materials, equipment and services necessary to construct a single family, residential home in accordance with the plans and specifications, noted on Schedule "A" attached hereto and initialed by Builder and Purchaser. The construction shall be performed on a portion selected by Purchaser of the following described real property, which the Purchaser represents and warrants it owns: Lot/Block/Unit: 1334-501-0002-000-1 Street: 2469 Johnston Road Town: Fort Pierce FL 34951 County: St. Lucie Builder does not expressly or impliedly warrant or guarantee habitability of soil or subsurface conditions of the subject property. Purchaser expressly assumes the risk of any and all loss or damage to the subject property caused by soil or subsurface conditions, whether or not any such adverse conditions could have been discovered prior to the closing by appropriate testing. 2. Builder is duly licensed CGC-062053 and shall construct the home in accordance with accepted building practices in Indian River County, Florida, and all applicable state, county and local building codes. 3.1 Date of Commencement shall be upon receipt of building permit. 3.2 Date of Completion shall be not later than Nine (9) months after receipt of building. permit. If this schedule is not met do to the negligence of the builder, the Builder will be responsible 1 for the interest due on the construction loan until completion. In the event of a delay in completion of the improvements by the Builder, caused by an act of God, or other catastrophe, or a delay over which the Builder has no control, an extension of time for completion will be negotiated between the parties. Such events shall add time to the completion schedule. 4. Cost of Contract. Purchaser shall pay Builder for the performance of the contract the contract sum of FOUR HUNDRED FORTY-NINE THOUSAND DOLLARS ($449,000.00) subject to additions and deductions as provided in the contract documents. The contract sum is based upon the allowances as set forth in Schedule "B" attached hereto and initialed by Builder and Purchaser. Builder to provide installation for those items not noted, materials and installation. Purchaser agrees to promptly make any requested color and optional item selections from choices which Builder shall make available to Purchaser for inspection during reasonable hours. Any selections undertaken by Purchaser on its own shall be made promptly, and shall be final. If Purchaser fails to make a selection within 10 days after Builder's request to do so, then Builder may, at its option, make that selection on Purchaser's behalf without further notice. 5. Builder agrees to provide all necessary insurance certificates pertinent to the Builder, subcontractors and all other workmen as required by this state and other applicable governing agencies. 6. Builder agrees to carry on with construction in a prompt and workmanlike manner and to supervise and direct the work using Builder's best skill and attention. When using subcontractors, he will use properly licensed subcontractors. 7. Builder assumes responsibility for theft and vandalism during construction period. Builder's responsibility is limited to items he supplies and/or installs and this responsibility is to end at the time of Builder's full performance of the contract work. 8. Builder agrees to pay for all building permits, licenses and fees necessary to perform the work contemplated by the contract. 9. Builder is not bound by any statements or promises made by agents unless specifically noted herein. 10. Builder does not warrant any materials or items purchased, provided or installed by Purchaser. 11. Builder shall not be responsible for surface cracks in the finish coat of stucco provided Builder has exercised due diligence, acceptable building practices and applied materials according to manufacturer's specifications. This does not apply to the structural foundation. 0) 12. Purchaser agrees that the Builder shall not be liable for the loss of any trees or natural growth on the construction site during or after completion of construction. 13. Purchaser shall carry, at its expense, to the site's full insurable value, all fire, tornado and property damage insurance, as would be found in extended coverage, and shall hold harmless Builder from acts of God. Builder shall be listed as an additional insured on Purchaser's coverage, a copy of which shall be furnished to Builder prior to commencement of the work. 14. Purchaser shall not interfere with the work of subcontractors. Any special supervision or orders made by Purchaser that result in additional costs to Builder will be reimbursed by Purchaser. 15. Default or Cancellation. Should Purchaser cancel or default or breach this Agreement prior to construction, Purchaser agrees to pay Builder for the costs of all plans, survey, Permit fees and other out-of-pocket expenses incurred by Builder. 16. Change Orders. Any additions, deletions or modifications shall be by written change order prior to start of work and signed by all parties and shall adjust the contract price accordingly. All changes and extras are to be paid for when the change is completed and/or installed. 17. Special Notice. a. Release of liens will be provided for each draw request only for subcontractors and suppliers who file Notice to Owners. b. Home based on plans provided by Architectonic Inc. Following square footage: Living 2625 Porches 1121 Total 3746 c. A Deposit of $15,000 is required at the execution of this agreement. d. Builder is not responsible for Sitework necessary to prepare lot for construction and the cost for this is not included in this contract. 18. Draw Schedule. Parties of this Agreement shall abide by the Draw and Payment Schedule as provided on Schedule "C" attached hereto or the draw schedule provided by the financial institution handling the construction loan. DRAW PAYMENTS MUST BE MADE WITHIN SEVEN (7) DAYS AFTER DRAW REQUEST PRESENTED. PURCHASER IS RESPONSIBLE FOR STRICT ADHERENCE TO DRAW SCHEDULE AND TO MAKE ARRANGEMENTS IN ADVANCE FOR MONEY TRANSFERS NECESSARY TO COMPLY WITH THIS AGREEMENT. NOTICE IS HEREBY GIVEN THAT THE WORK MAY BE DISCONTINUED UNTIL FULL PAYMENT IS MADE FOR THE AMOUNT DUE. FINAL PAYMENT WILL BE MADE NO LATER THAN THREE (3) DAYS FROM THE DATE THAT THE CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED BY THE APPLICABLE GOVERNMENT AGENCY. UNTIL PURCHASER HAS MADE FULL PAYMENT TO BUILDER, INCLUDING PAYMENT FOR DRAWS AND EXTRAS, IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT PURCHASER SHALL IN NO EVENT TAKE POSSESSION OF, OR ENTER UPON THE PROPERTY, AND SHOULD PURCHASER BREACH THIS PROVISION, THE PURCHASER CONSENTS THAT THE BUILDER SHALL HAVE THE RIGHT TO DISPOSSESS THEM FROM THE PROPERTY BY SUMMARY PROCEEDINGS. THE PURCHASER SHALL RELEASE THE BUILDER AND ITS AGENTS AND EMPLOYEES FROM ANY AND ALL LIABILITY FOR DAMAGES OR INJURIES SUSTAINED BY THE PURCHASER WHILE ON THE PROPERTY, AND FURTHER SHALL HOLD THE BUILDER AND ITS AGENTS AND EMPLOYEES HARMLESS FROM ANY LIABILITY FOR DAMAGES OR INJURIES SUSTAINED TO THE PROPERTY BY A THIRD PARTY BROUGHT ON THE PROPERTY BY THE PURCHASER. INTEREST ON FINAL PAYMENT, AS WELL AS ANY PAYMENTS OVERDUE, SHALL HAVE INTEREST CHARGED AT THE HIGHEST LEGAL RATE. THE MAKING OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF ALL CLAIMS BY THE PURCHASER EXCEPT THOSE ARISING FROM (1) ANY UNSETTLED LIENS, (2) FAULTY OR DEFECTIVE WORK APPEARING AFTER SUBSTANTIAL COMPLETION, OR (3) FAILURE OF THE WORK TO COMPLY WITH THE .REQUIREMENTS OF THIS AGREEMENT. THE ACCEPTANCE OF FINAL PAYMENT BY THE BUILDER SHALL CONSTITUTE A WAIVER BY THE BUILDER OF ALL CLAIMS EXCEPT THOSE PREVIOUSLY MADE IN WRITING AND STILL UNSETTLED. 19. THIS AGREEMENT IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO CLOSING. 20. Florida law requires the following disclosure to be given to the purchaser ofproperty in this state. Builder has made no independent inspection of the property to determine the presence of conditions which may result in radon gas; however, Builder is not aware of any such condition. Certain building methods and materials have been proven to reduce the possibility of radon gas entering the building: 4 Radon Gas - radon is a natural occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons that are exposed over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. NOTICE OF FLORIDA'S CONSTRUCTION LIEN LAW ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS 713.001- 713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB - SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A "NOTICE TO OWNER." FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY. Chapter 558 Notice of Claim CHAPTER 558, FLORIDA STATUTES, CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY BRING ANY LEGAL ACTION FOR AN ALLEGED CONSTRUCTION DEFECT. SIXTY DAYS BEFORE YOU BRING ANY LEGAL ACTION, YOU MUST DELIVER TO THE OTHER PARTY TO THIS CONTRACT A WRITTEN NOTICE, REFERRING TO CHAPTER 558, OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE SUCH PERSON THE OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND TO CONSIDER MAKING AN OFFER TO REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER WHICH MAY BE MADE. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER THIS FLORIDA LAW WHICH MUST BE MET AND FOLLOWED TO PROTECT YOUR INTERESTS. 5 Notice Required by Florida Statutes Section 558.005 Owner and Contractor agree to waive provisions of Florida's Notice and Right to Cure Act, Chapter 558 Florida Statutes. Our agreement that Chapter 558 Florida Statutes does not apply to this contract relieves Owner and Contractor of the obligation to follow procedures and meet deadlines before Owner can either file suit or commence arbitration over a claimed construction defect. FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND PAYMENT MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS: Division of Professions Construction Industry Licensing Board 1940 North Monroe Street Tallahassee, FL 32399-0783 Phone: 850.487.1395 21. In the event that any part of this Agreement is held to be unenforceable or void, such fact shall not affect the enforce ability or validity of the remaining parts hereof. This Agreement may only be changed by writing signed by both parties. 22. The parties agree that time is of the essence of all provisions herein which shall be binding upon and inured to the benefit of the parties' respective heirs, successors and assigns, except as provided herein. 23. In the event of any litigation arising out of this Agreement, the prevailing party will be entitled to an award of attorney's fees. 0 I1V WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. AAcontract.wpd BUILDER: I: PURCHASER: 7 Schedule "A" Specifications: Project: John & Susan Testa Roof to be 5V crimp Galvalume Metal over peel and stick underlayment Insulation will be Spray foam Icynene with R-board foam on walls Doors: Therma Tru Smooth Star fiberglass Impact rated doors with 4 9/16" jambs or Equivalent Windows: Aluminum Impact rated, single hung Equivalent, insulated Low E 366 laminated glass, configured per plan 6" cedar Facia and stucco Soffits Porch Ceilings to be 6" T&G cypress wood Plumbing: Fixtures to be chosen by Owner covered by allowance PVC waste piping Water lines to be Type Uponor 3 hose bibs Water Heater to be 40 Gallon Rheem Proe40 T2 Heating and Air Conditioning system: Trane 5 ton unit Electric: 200 AMP Service Underground Main service Feed Recessed can lights per plan Surface mounted fixture lights and Fans covered by allowance Switches to be white standard Rocker type Outlets white standard duplex Interior Doors and Trim to be 6 panel Masonite 8' Solid core doors with 3 1/4" casings. Baseboards to 5 /„ 4 Drywall to be smooth walls and smooth Ceilings Siding to be Hardie board per plans Stucco to be Float finish per Plans Showers to be ceramic tile covered by allowance Shower enclosure in Master Bath to be frameless 3/8" clear glass Closet shelving chosen by owner to be covered by allowance Appliances by Owner Purchaser Date 5 Builder Date Ito �� Schedule "B" Allowances Project: John & Susan Testa Appliances by owner Plumbing Fixtures by owner Exterior porch finish flooring by owner Cabinets and Vanities and counter tops $ 50,000 Ceiling Fans $ 1,500 Electrical Fixtures $ 2,000 Flooring (entire Home) material & labor $ 18,000 Door Hardware $ 1,500 Shower & Backsplash Tile Material & Labor $ 5,000 Shelving $ 2,000 Landscaping & Sod $ 4,000 Water Treatment Equipment $ 2,000 Windows & Exterior Doors $27,000 Purchaser Date Ir Builder Date