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HomeMy WebLinkAboutWORK AUTHORIZATION CONTRACTSTATUTORY NOTICE: 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 AGREEMENTOR 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 AGREEMENT 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. Customer #1 Signature: Date: Customer #2 Signature: Date: TEC Representative Signature: Date: • Customer authorizes TEC and its employees to speak with customers insurance company in regards to their insurance loss. • Customer authorizes TEC to send customer text notifications of job updates and/or billing reminders. • Customer received and reviewed the Terms and Conditions. Date: Insurance Company Name: Claim Reference #: Adjuster Name: Adjuster Phone: Adjuster Email: How did you hear about us? The purpose of this agreement is to establish a business relationship between Customer and The Exterior Company Inc. (“TEC”), for restorative services of the property located at the job address, as set forth below. Co-Owners: Married: Customer Name #1: Customer Name #2: Customer Address: Job Address: Same as Customer Address Phone #1: Type: Phone #2: Type: Email Address: Preferred Contact Method: Phone #1 Phone #2 Email Work Authorization Contract Description Of Work To Be Performed: Permitting Municipality: Scheduling Requests:* *All requests will be reviewed by TEC, but can not be guaranteed. Delivery Instructions: Materials: Dumpster: Additional Notes: Approximate Start Date: Approximate Finish Date: Roofing: Full or partial removal and replacement of existing roof covering, including all underlayment and damaged flashing with new material. Gutters: Removal and replacement of gutter systems and/or gutter guards with new material. Detach and reset gutters All material to be used and other job specifications to be listed in addendums, as applicable. Customer Initials: Statutory NoticeStatutory Notice 1918 Tullagee Ave., Melbourne, FL (321)-735-0656 www.theexteriorcompany.com CCC 1331906 Plywood Used = $120.00 per sheet (*extra work to be invoiced) GOOD FAITH ESTIMATE: $ For work covered by insurance, the final contract price is determined by insurance paperwork, and based upon approved Xactimate or approved scope of work and pricing with the insurer. WE PROPOSE to furnish material, equipment and labor to perform work identified above in exchange for full payment from you based upon the Terms and Conditions hereafter. Pricing does not include hidden or latent items, or work needed to be code compliant. PAYMENT SCHEDULE $ 35% DUE AS INITIAL DEPOSIT TO SCHEDULE $ 45% DUE ON COMPLETION OF DRY IN PACKAGE $ BALANCE DUE ON FINAL INSPECTION $ BALANCE DUE (IF ANY) ON ADDITIONAL WORK THAT WAS PERFORMED $ TOTAL DUE Acceptance of Proposal: I/WE have read and understand the terms and conditions located on the back of this document, which are incorporated herein by reference and made part of this agreement. The above specification and conditions are satisfactory and hereby accepted and Contractor is authorized to begin the work after payment(s) clear, or as otherwise specified herein. I, as Owner, hereby assign to Contractor any and all insurance payments or proceeds related to any claim I may have involving the work in this Agreement. If I, as Owner, receive any check or other proceeds related to the work in this Agreement, I shall endorse and deliver such proceeds to Contractor within 3 days. I agree Contractor has not offered any rebate, gift, gift card, cash, coupon, waiver of any deductible or other thing of value in exchange for conducting an inspection or making any insurance claim. (Notice: Contractor may not engage in any of these practices under Florida Law). Owner shall pay all insurance deductibles to Contractor. I, as Owner, hereby direct my insurer or mortgagor to release any and all information requested by Contractor for the direct purpose of obtaining actual benefit or loan information and documentation to show them how much funds are available for the work in this Agreement. I, as Owner, hereby assign all insurance benefits to Contractor to the extent those payments apply to the work in this Agreement. Owner Owner Signature X Signature X DATE: Sales Representative (Print name) Note: contract contingent upon approval by TEC production team. *Should an insurance company deny a full roof replacement, the Homeowner has the option to proceed for the Good Faith Estimate Amount or cancel the Contract in writing within 3 days of insurance denial provided the work has not begun. *Please see good faith estimate breakdown attached hereto and incorporated herein by reference. 02/03/2022 Progressive 1006079-221013-034300 Yes Johna Dean Margaret Fulcher Yes Door Knock ✔ 6010 Whipoorwill Lane, Fort Pierce, FL 34987 ✔ (772) 359-1831 ✔✔ pcjb19733@gmail.com ✔ 20841.51 St. Lucie 2283.76 9,378.67 9179.08 Tbd 20841.51 Yard sign Credit -250 @ final Invoice 03/01/2022 02/04/2023 THIS IS A LABOR WARRANTY PROVIDED BY THE EXTERIOR COMPANY, INC. (TEC) TO YOU, THE ORIGINAL PURCHASER (“CUSTOMER”). PLEASE CONSULT YOUR PRODUCT AND MANUFACTURER WARRANTIES FOR FURTHER COVERAGES. WARRANTIES ARE AVAILABLE FOR INSPECTION PRIOR TO THE SIGNING OF THE DEDUCTIBLE ONLY CONTRACT. New Roofing: 2 Year Limited Workmanship Warranty: TEC will perform all work in a professional manner using high-quality materials and supplies, and in conformance with applicable building code roofing standards. TEC warrants to the Customer that sloped deck roofing work and sloped external roofing work performed by TEC will be free of defects due to workmanship for two (2) years from the date of purchase by the Customer, subject to the other terms and conditions contained in this document. Skylight installation work is warranted as part of this warranty only if TEC has replaced the entire skylight glass and seal. Installation work on self-flashing skylights is not included under this warranty. Replacement Windows/Conventional Gutters: 2 Year Limited Workmanship Warranty: TEC will perform all work in a professional manner using high-quality materials and supplies, and in conformance with applicable building code standards. TEC warrants to the Customer that the window and conventional gutter installation work performed by TEC will be free of defects due to workmanship for two (2) year(s) from the date of purchase by the Customer, subject to the other terms and conditions contained in this document. Repairs: 2 Year Limited Workmanship Warranty: TEC warrants to the Customer that repair work performed by TEC will be free of defects due to workmanship for 2 years from the date of purchase of such services by the Customer, subject to the other terms and conditions contained in this document. How to Obtain Warranty Service: To submit a claim, a copy of this warranty and a copy of the Customer’s Deductible Only Contract must be submitted in writing by registered mail to TEC with a brief explanation of the claim. Claims must be submitted to TEC promptly after discovery of the claimed defect and within the applicable warranty period. Within a reasonable period after having received the Customer’s claim, TEC will schedule an appointment to inspect the premises and the warranty claim. If after inspection, TEC determines that a valid claim exists under one or more of the warranties, TEC will repair, re-install, replace, or refund the purchase price of the failing service, at TEC’s option. If TEC determines to replace any or all product(s), and if such product(s), as originally installed, is no longer available, TEC shall have the right to substitute product(s) designated by TEC to be of equal quality. Replacement of a product or component does not renew the warranty period. Minor color variations may exist between the replacement product and the originally installed product and are not indicative of a defective product. If, at TEC’s option, a purchase price refund is conveyed to the Customer then all warranties are terminated, and the repair, replacement, or removal of TEC products shall become the sole responsibility of the Customer. No warranties are valid unless and until the Customer has made full payment under the original TEC Deductible Only Contract and all addenda thereto. Non-warranty calls for repair or adjustment may result in a service charge of $250.00. What Is Not Covered: Subject to the other terms and conditions contained in this document: These warranties are granted by TEC to the Customer only and only materials purchased from and installed by TEC are covered by these warranties. All warranties terminate immediately upon the transfer of home ownership, unless the terms of transfer are met (see “Warranties Transfer” below). All warranties assume normal and reasonable use of TEC products or components. Minor color or textural variations from lot-to-lot of product are not the product or installation defects. Installation, removal, painting, repair, adjustment, tampering, or re-installation of any TEC products or components by anyone other than TEC voids any and all warranties within this document, and TEC expressly disclaims any liability for any costs, defects, or damages with respect to such actions. TEC is not responsible for pre-existing construction deficiencies including drywall, gutters, siding, windows, skylight, and chimneys. These deficiencies can be defined as drywall cracking from heat or vibration, loose spackling, damages from normal construction vibration, damage from items falling off walls or ceilings, leaking miter joints, downspouts, gutters caused by normal aging of said items chemical marks from normal cleanup after re-roofing, gaps in window flashing, window glazing, damage to window screens due to age, heat mechanical damages, leaking from existing skylights because of old-flashing, glazing, glazing gaskets, chimneys, old chimney flashings, chimney chase covers, chimney tops, chimney flues, flue liner, mortar joints, chimney bricks, stucco or any other portion of a masonry chimney that is failing due to lack of maintenance. TEC is not responsible for unforeseen damage to electrical items, damage caused by tarping to protect exterior landscaping, AC condensers, decks, and furniture. TEC is not responsible for the wiring of electrical components (ie. power vent fans, skylights, satellite dishes) and is not responsible for dish signal after installation unless otherwise noted in the contract. Remedies and Rights: These warranties of TEC services are the only expressed warranties provided by TEC. No employee, representative, agent, nor any other person, has authority to assume or incur on behalf of TEC any obligation, liability, or responsibility in place of or in addition to these warranties. IN NO EVENT SHALL THE DURATION OF ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE BE LONGER THAN THE DURATION OF OWNERSHIP AND OCCUPATION BY THE ORIGINAL OWNER (OR SECONDARY HOMEOWNER AS PER THE BELOW STATED CONDITIONS FOR TRANSFER), OF THE HOME ON WHICH THE TEC PRODUCT IS INSTALLED. EXCEPT FOR THE WARRANTY PROVIDED HEREIN, TEC MAKES NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. TEC’S LIABILITY TO CUSTOMER (OR ANY SECONDARY HOMEOWNER) UNDER THIS DOCUMENT IS LIMITED TO THE AMOUNTS RECEIVED BY TEC FOR SERVICES RENDERED UNDER THE SALES AGREEMENT WITH THE CUSTOMER. SOME STATES DO NOT PERMIT ANY LIMITATION ON THE LENGTH OF AN IMPLIED WARRANTY, AND THEREFORE THE IMMEDIATELY PRECEDING SENTENCE MAY NOT APPLY. IN NO EVENT SHALL TEC BE OBLIGATED OR LIABLE FOR INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND FOR THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OF TEC SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE SOME OR ALL OF THE IMMEDIATELY PRECEDING SENTENCE MAY NOT APPLY. THESE WARRANTIES PROVIDE SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. Warranties Transfer: Subject to the other terms and conditions contained in this warranty, these warranties are transferable by the Customer for a period of (2) years from the date of the original TEC sales agreement or purchase order. To transfer these warranties within the foregoing 2 year period, the Customer must request, by registered mail, an inspection and re-certification of TEC products by TEC and upon inspection and re-certification to the satisfaction of TEC, and receipt by TEC of a $150 transfer fee within 45 days of the transfer of home ownership, these warranties shall transfer to the subsequent Customer. No other further transfers of these warranties are permitted. Warranty 1. Agreement Documents: This Sales Agreement (the “Agreement) consists of this completed written Agreement, the final estimate and any extra work. There are no other prior Agreements, oral or otherwise, between The Exterior Company, Inc., its agents, representatives or sales persons (hereinafter “Contractor”), and the Owner(s), other than the terms and conditions set forth on the front of this form and those specifically set forth in this agreement. This Agreement contains the entire understanding and agreement between Contractor and the Owner(s). Each of the Parties acknowledge that they have relied on no oral or written statements, promises, inducements, representations or warranties to enter into this Contract except for those expressly set forth herein. The Parties agree that the inclusion of this provision evidences the intent of the Parties that no other oral or written evidence shall be admissible to alter or vary the terms of this Contract. The inclusion of this provision has been a material inducement for each of the Parties to enter into this Contract. 2. The Owner(s) represents and warrants that he or she is (or they are) the Owner(s) of the land and premises located at the job address on the face side of this Agreement and legal title thereto stand in the record of his/her (their) name(s), or that he/she is an authorized agent for the legal owner. It is agreed between the parties that this Agreement shall not become binding upon Contractor until it is accepted by an authorized officer of Contractor or until Contractor commences performance, whichever shall first occur. Contractor expressly states and the purchaser expressly understands and agrees that no salesperson has authority, express or implied, to bind Contractor to this Agreement. Contractor reserves the right to substitute building materials, equipment, fixtures or other items in the Project which may be necessitated by government agencies, inspectors, adjusters, job conditions, design changes deemed necessary by others, by the availability of materials, colors, brand names, or by material shortages, strikes, or similar situations, or which in Contractor’s judgment require such changes, without prior notification to the Owner; provided, however that any substitute materials shall be of substantially similar or better quality to those specifically identified in the specifications, if any; otherwise, the materials shall meet minimum code standards or insurance requirements. Commencement of the work described on the front face of Agreement and any Attachments hereto shall commence and be completed according to Contractor’s schedule. Any statement regarding completion is understood and agreed to be an estimate between the parties and subject to scheduling difficulties of Contractor, labor and/or material shortages, acts of God, and other events not foreseen by Contractor. Contractor reserves the right to employ any sub-contractor or supplier for the completion of the work described in this Agreement. 3. Payment is due upon receipt of invoice with no retainage withheld. Interest on all invoices not paid within seven (7) days accrues at a rate of one and one-half percent per month. 4. The parties agree that in the event the insurance proceeds, if any, are insufficient to pay the entire amount due and owing, as set forth in this Agreement, the Owner(s) shall be responsible for payment, in full, of the remaining balance upon presentation of the bill. Any and all leftover materials shall become property of Contractor. 5. All materials remain the property of Contractor until paid in full. 6. Except for claims for Owner non-payment and foreclosure of claim of lien, the parties agree that any other action to enforce this Agreement including claims for defective construction shall be exclusively determined, as an express condition precedent to arbitration first by pre-suit mediation with a certified mediator, and then only if an impasse is reached, then by arbitration proceedings as described herein, and both parties agree to be bound by the decision rendered in such proceedings. Within thirty (30) days of written request for mediation or arbitration sent via certified mail return receipt requested, Contractor shall select the mediator and any arbitrator. All arbitrators shall be persons with experience or knowledge in the construction industry. The arbitration shall be conducted in accordance with the Florida Arbitration Code (Chapter 682, Florida Statutes); provided, however, the final decision shall be rendered not more than thirty (30) days after conclusion of the final hearing. With specific reference to Florida Statutes Chapter 47, and subparts thereof, Owner waives all rights relating to venue and agrees that any and all legal action shall be brought in Orange, County, Florida, with the exception of lien foreclosure lawsuits. The relationship of the parties shall be governed by the laws of the State of Florida. 7. BUYERS RIGHT TO CANCEL. This is a home solicitation sale, and if you do not want the goods or services, you may cancel this Agreement by providing written notice to the seller in person, by telegram, or by mail. This notice must indicate that you do not want the goods or services and must be delivered or postmarked before midnight of the third business day after you sign this Agreement. If you cancel this Agreement, the seller may not keep all or part of any cash down payment. 8. Customer understands that roofing repair and/or replacement in an existing furnished home or business is messy, involving, roofing materials and debris including but not limited to nails, shingles, wood, flashing and the coming and going of workmen handling and carrying supplies, equipment and materials. Contractor will take reasonable precautions to protect Owner(s)’s home and property from damage, but cannot assure that there will not be dust, dents, scratches, dirt tracking or small materials. Owner shall be responsible for all final cleaning and any damage, except that caused by willful or grossly negligent action of Contractor or its employees. Owner understands this provision is a material condition of this Agreement. 9. In the event that, after signature, the Owner(s) employs another contractor or performs the work on his or her own, and does not allow or otherwise permit Contractor to complete the repairs or does not permit Contractor to finalize scope of work with the Owner(s) insurance company, in whole or in part, Contractor shall be entitled to liquidated damages in a minimum sum of ten (10%) percent of the total scope of work price as estimated by Contractor, plus any out of pocket expenses incurred by Contractor in furtherance of this agreement. Owner(s) agrees and stipulates this liquidated damage provision is not a penalty, but is reasonable due to the time and expense necessary to estimate this job, perform site visits, meet with Owner(s), insurances, fuel, oil and gas, administration, and perform other tasks that would have been reimbursed with full payment of the entire contracted work. 10. Additional work (not a specific part of original estimate) will be completed on a time, equipment and material basis or priced per Xactimate as the agreed upon pricing for the work plus 20%. Work may be undertaken upon customer’s direction, verbal or otherwise, before approval has been formally issued or change order signed and any additional work shall be part of this Agreement. 11. Contractor has no liability for delays, incidental or consequential damages, or for an owner’s failure to maintain the roof, property or materials. Contractor shall not assume any responsibility and shall not be held liable for any damages to improperly constructed or improperly maintained structures resulting from normal operations as contemplated on the face of this agreement, or for damage incurred to property or grounds resulting from delivery or usage of supplies or service equipment. Contractor shall not assume any responsibility and shall not be held liable for any damage to personal property or physical injury as a result of vibrations, walking upon or from work at the premises described in the job address on the face of this Agreement. Under no circumstances shall Contractor be responsible for mold or mildew claims, damages or illnesses. It shall be the Owner(s) responsibility to mitigate any water intrusion, clean up any water, and take every precaution to prevent, stop or eliminate any mold or mildew. Contractor shall not be responsible for color variations on roofing, siding and accessory products but will make reasonable attempts to remedy the situation with any given manufactures as necessary. It must be noted that most manufacturers do not guarantee against color shading or fading of their products. In all cases, full payment of any bill will be made to Contractor before any dispute process as a condition precedent to the dispute process. CONTRACTOR SHALL NOT BE RESPONSIBLE FOR THE FOLLOWING: Existing Building Code violations, repairs and existing conditions; Any inspection fees; Any governmental fees associated with construction; Unforeseen, concealed, and hidden conditions that may affect the scope of work and/or work schedule, which will result in additional General Conditions or costs; Additional work requested by the building inspectors or any owner; Changes by Owner, Architect and/or Building Department; Builders Risk Insurance and Bonds of any kind; Architecture/Engineering Fees; Any related costs to cover any errors and omissions; Asbestos, containment, abatement and testing; The discovery and/or removal or testing of any mold or any hazardous materials as defined by the Environmental Protection Agency (EPA) is excluded from the scope of work and the Owner or Contractor reserves the right to stop work until such materials are removed; and Any other work not described in the scope, plans or specifications. To the extent any of the above work is performed by Contractor, Owner agrees to be invoiced as an accepted Change Order and agrees to pay for the work at cost plus overhead and profit of 20%, which amounts are agreed and stipulated by the parties to be lienable if not timely paid. The Contractor shall not be liable for failure of performance due to labor controversies, strikes, fires, weather, and inability to obtain materials from usual sources, or any other circumstance beyond the control of the Contractor, whether of a similar or dissimilar nature. The Contractor is not responsible for any damage on or below the roof due to leaks by excessive wind driven rain, ice or hail during the period of the warranty. EXCESSIVE WIND IS 50 MPH OR GREATER. THE WARRANTY IS NONTRANSFERABLE. If material has to be reordered or restocked because of cancellation by the customer, there will be a restocking fee plus delivery fees and other costs in addition to the liquated damages, not as penalty, and the Owner(s) and Contractor agree that this represents a reasonable and just compensation for said cancellation. 12. Labor Warranty shall commence for two years (24 months) upon completion provided payment of final invoice is timely made and covers proper installation procedures. Wind driven rain, ice/snow accumulations, gale force winds, deck settlements, or external damage to the roof are not covered by this Labor Warranty. This warranty is not transferable. There are no warranties which extend beyond the Terms and Conditions hereof, all implied warranties, including but not limited to implied warranties of fitness and merchantability, have been expressly waived by Owner(s). Contractor does not warrant products, only defective installation. Owner shall go to the product distributor or manufacturer directly to make claim for any defective product. It is a condition precedent to any duty to repair or warrant of installation work, that Contractor be paid in full before being obligated to perform any repair, punchlist or warranty of installation work. Contractor assigns to Owner all warranties of all subcontractors and suppliers of the Work upon receipt of the full final payment by Contractor from Owner. Owner shall not involve Contractor in any defect or warranty claims relating to subcontractors or suppliers given this written assignment from Contractor to Owner for such claims. 13. Owner(s) agrees to provide full and complete access to the job site on the day(s) Contractor is working. In the event, for any reason, Contractor is unable to get full and complete access to job site, a trip cancellation charge will be imposed based upon the number of workers and lost time assigned to the job on that day. Any cost incurred due to job site condition, delay, or safety considerations will be invoiced as additional work and such amounts shall be part of this Agreement. 14. The individual(s) signing this binding agreement hereby unconditionally, personally, and individually guarantee payment of the account in accordance with the terms and conditions stated herein. 15. ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES. 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: Construction Industry Licensing Board, 1940 North Monroe Street, Suite 42, Tallahassee, FL 32399, Phone 850.487.1395 16. INSURANCE: Contractor will provide current and updated General Liability Insurance and other Insurance currently maintained by Contractor. Owner shall provide Owner’s Liability, premises liability, theft liability, and property Insurance for the duration of the project; Contractor shall be named as additional insured under all such policies. Contractor shall have no responsibility for damages from rain, wind, fire, tornado, windstorm or other peril, event or occurrence causing damage, that is or typically would be covered by a homeowner’s insurance policy. Owner(s) agree to waive any claim for subrogation. During the duration of the work the homeowner’s insurance will be responsible for any interior damage as long as the Contractor has taken appropriate action to protect the roofing during the repair of the roof. 17. Owner(s) agrees that, in the event that any invoice or payment is past due, Contractor will be entitled to recover all expenses of any nature incurred in any way in connection with the collection of past due invoices or payments, whether incurred before litigation, during litigation, in an appeal, in a bankruptcy proceeding, or in connection with enforcement of a judgment, including but not limited to attorneys’ and experts’ fees from Owner(s), jointly and severally. There shall be no other basis for the recovery of fees under this Agreement. Attorneys’ fees include presuit fees, paralegal fees, expert witness fees, investigative fees, administrative costs, and all other valid charges incurred in the collection action or proceeding and any appeal, plus pre-judgment interest at the highest statutory rate allowed by law. It is specifically agreed that TIME IS OF THE ESSENCE in paying for work performed. The invalidity or unenforceability of any provision, or a part thereof, shall not impair the validity or enforceability of any other provisions herein. This contract along with the work scope, Xactimate, and any other written modifications or invoices, constitute the entire agreement of the parties. Any previous negotiations, representations or agreements that are not expressly set forth herein or in the work scope shall have no force or effect. Final payment is due upon substantial completion, termination or breach of this Agreement. Issuance of any certificate of occupancy or final inspection shall constitute substantial completion. This agreement is subject to insurance company approval and does not obligate the homeowner or Contractor, in any way unless it is approved by the insurance company and accepted by Contractor. By signing this agreement, you authorize us to finalize approval of our scope of work and pricing with your insurance company or adjuster. The final price your insurance company and Contractor agree upon shall become the final contract price and is based upon Xactimate pricing plus 20%. Owner(s) are responsible for negotiating their insurance claims with their own insurance company. Contractor reserves the right to cancel this contract if cannot agree with final estimate from insurance. Contractor is licensed and will discuss or explain a bid for construction or repair with the owner(s), the insurer of such property or any adjuster(s). Contractor is doing the work described above for the usual and customary fees applicable to the construction work or improvements to be performed as stated in this Agreement. The prices do not include fees or charges for any bonds, decking, fascia boards, roof jacks, flashing, ventilators, water proofing, mold remediation, rotted wood, prior defects, or other material unless otherwise stated on the Contractor’s estimate or approved Xactimate, and any item of work not included is agreed by the parties to be charged as an agreed extra and shall be payable upon invoice for the work. Final payment is due upon substantial completion of the work (which does not include punchlist, warranty work or corrective work). This Proposal and any pricing or estimate expires in 30 days unless this Agreement is executed by Owner(s). This contract or warranty shall not be assigned except by or with written permission of the Contractor. THIS CONTRACT CANNOT BE CANCELLED ONCE WORK IS COMMECED EXCEPT BY MUTUAL WRITTEN AGREEMENT OF THE PARTIES. If any provision of this contract should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this contract shall not be affected thereby. The maximum liability, including interest, costs and attorneys’ fees plus any owner damages, for the Contractor shall be limited to the final estimate by Contractor which shall be a liquidated maximum sum that can be recovered by Owner(s) under any event of default or breach by Contractor herein. If there are any solar panels on the roof, the Contractor will not be responsible for any damage during the repair, so homeowner agrees to have a solar panel company take the appropriate action if necessary. Additional Terms and Conditions Customer Initials: CCC 1331906 855-766-3264 1918 Tullagee Ave., Melbourne, FL 32940 info@tecroofs.com WHAT TO EXPECT NEXT We’d like to officially welcome you to the TEC family. Thank you for the opportunity to work on your home and we vow to make your project as stress- free as possible. Home construction can invoke uneasiness, and it can have an effect on your daily routine and the potential for fearful surprises to surface. Know that TEC’s strength has always been delivering on time, on budget, and with minimal external impact to our customers. That said, it’s helpful to know what to expect during your upcoming project. Please read through the following information to better understand the process and take note of the preparatory items for you to consider prior to job start. If you have any questions about this information or any other aspect of your project, please reach out to us. We’re here to help. 1918 Tullagee Ave. Melbourne, FL 32940 855-766-3264 855-766-3264 1918 Tullagee Ave., Melbourne, FL 32940 info@tecroofs.com Since the vast majority of our work is performed on your home’s exterior, it’s not required that you be home during construction. If your Project Manager needs access to the inside of your home, they will be sure to let you know beforehand so you can schedule accordingly. Access will be needed to the following areas around your home for the full duration of your project: • Full access to your driveway • A 15-foot perimeter around your home • All entry and exit walkways around your home Gates will need to be unlocked/open to allow freedom of movement between the front and rear of your home. Typical asphalt roofing installations take 1-3 days to complete. If your project will potentially take longer, your Project Manager will notify you. To maximize the amount of available daylight, teams will arrive to your home as early as 6:30 am. We apologize for the potential inconvenience this may cause. On occasion, external factors may cause a delay to the original projected start date: • Logistical or supply chain issues with material suppliers • Unforeseen delays in preceding projects • Forecasted inclement weather We take extra caution when scheduling jobs around potential inclement weather and err toward conservatism for the safety of our team and your home We utilize the industry’s best waterproof underlayment to ensure your roof is sealed even before new shingles are installed Our installation teams are equipped with tarps to help protect your home in the event that an unforeseen weather event arises during your project If for any reason there is a delay in the starting of your project, your Project Manager will contact you and discuss an alternative plan catered around your schedule. Your patience is greatly appreciated throughout this process! DUMPSTER The removal of a roof covering will inevitably generate substantial debris. Dumpsters will be present for each job and will be left either in the driveway or on the roadside, depending on the municipality regulations and/or project-site conditions. A dumpster will be dropped off at your home upwards of three days prior to your project day and will be removed within three days after your installation is complete. If a dumpster is still on your property after three days from the day of your project, please reach out to your Project Manager. Dumpsters are intended for construction waste only. Additional items added to the dumpster are subject to removal or additional invoice charges. PRE-CONSTRUCTION PREPARATION ACCESS TO YOUR HOME SCHEDULING 855-766-3264 1918 Tullagee Ave., Melbourne, FL 32940 info@tecroofs.com855-766-3264 1918 Tullagee Ave., Melbourne, FL 32940 info@tecroofs.com VEHICLES All vehicles must be removed from your driveway, and no vehicles may be within 15 feet of any part of your home. Remember that if a vehicle is inside your garage, it may be blocked in by the dumpster. Please plan accordingly. OUTDOOR FURNITURE Please remove any lawn and deck furniture, awnings, décor, landscape lighting, potted plants, toys, and grills from the 15-foot work zone around your home prior to the day of project start. PLANTS Our installation teams will need 15-feet of working space around the exterior of your home to properly complete the installation. We will likely need to work in and around landscaping elements. We recommend that smaller delicate flowers and bushes are covered with buckets to prevent damage. Please note that larger bushes and trees may need to be trimmed away from your home to provide sufficient access for installation. INTERIOR HANGING ITEMS Please remove any items hanging on interior walls in all finished and unfinished spaces. These items can include clocks, photos, paintings, decor, antiques, and other wall-mounted items. With normal construction vibrations, there is always potential for even secured items to fall during construction. Please note TEC will not be responsible for items damaged due to displacement from construction vibrations. INTERIOR DROP CLOTHS If your project involves skylight installation or replacement, we recommend you leave a drop cloth, large towel, old sheet, etc. on the floor beneath the skylight to collect any debris that may displace during skylight installation. DUST IN THE ATTIC We recommend removing or covering all items located in your attic space prior to your installation. Attic spaces are directly below our working surface and normal construction vibrations will cause dirt, debris, and wood splinters to accumulate in the attic space. NOTIFY YOUR NEIGHBORS We kindly ask you to notify your neighbors of your upcoming construction project to prepare them for any noise or commotion on the street. Depending on their proximity to your home, this will also allow them to remove any of their property or vehicles that may also be affected by your home’s construction. 855-766-3264 1918 Tullagee Ave., Melbourne, FL 32940 info@tecroofs.com SATELLITE DISHES If you have a satellite dish on your home, we must detach it prior to construction beginning on your home. However, we cannot reinstall satellite dishes after the project construction is complete. You will need to contact your service provider and schedule a time for them to reattach and recalibrate the unit. NAILS The construction of a roof covering involves the use of a high volume of nails. On average, anywhere from 10,000 to 15,000 nails are used per roofing installation. Our installation teams do their best to remove all nails from your property, but we cannot guarantee 100% success. If you are finding an unacceptable number of nails after the final clean-up, please contact your Project Manager. LEFTOVER MATERIAL At the completion of the project, any additional supplies will be organized neatly and picked up within five working days of the completion of your project. Once your home project is complete, your Project Manager will schedule a time to perform a final walkthrough with you. This is to ensure you are satisfied with the final product. Please inspect your property before the final walkthrough so any concerns can be discussed with your Project Manager. At the completion of the final walkthrough, you will be asked to sign a Certificate of Completion. The Certificate of Completion confirms the project to be complete and to your satisfaction. Ultimately, your satisfaction is our top priority. Your home is your sanctuary, and we know any construction can be a cause of stress. Rest assured, our process is built on organization, clarity, and communication. Please don’t hesitate to contact us during the process with any questions that arise. Thank you again for trusting us with your project—we look forward to rolling out the red carpet for you! CLEANUP FINAL WALKTHROUGH CERTIFICATE OF COMPLETION