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*Agreeing to move forward with our bids/quotes/contracts also constitutes an agreement to having read, understood, and accepted our full terms of service outlined below.
*We have had hundreds of great experiences with our awesome clients and plan to have hundreds more but a handful of clients with blatantly malicious or fraudulent intentions have made it necessary to outline our most important policies below at the recommendation of legal counsel.
*There are many moving parts to a construction company that most people are unaware of so our utmost priority is full transparency about our operations and policies to our prospective clients. If you have any questions about what is detailed below that you want answered before agreeing to the contracted work, let us know.
Materials/Project Expenses
A.) Our estimates for materials are in no way or form a promise or quote or bid that the actual cost of materials/project expenses will not be higher or lower than what was estimated. We purchase whatever we need to complete the project and pass the cost on to the client for reimbursement, plus a material markup.
1. The judgment to purchase materials for a project is left to our professional discretion unless:
a. The client makes it known beforehand that they have a preference for a more expensive or less expensive alternatives that are still appropriate for the intended project’s useful life or compliance to code.
b. The client has an aesthetic preference for another item that they make known beforehand.
B.) A typical markup for materials/project expenses that contractors charge for what is purchased is anywhere from 7.5% to 20%. Our markup for materials/project expenses is 14%. The markup is not negotiable but clients can choose to purchase their own materials. For more information about this option, see section E below.
1. A client purchasing their own project materials does not mean that they are exempt from other project expenses accrued during the course of their project.
C.) The following are classified as materials/project expenses that we mark up 14%: Construction Materials, Third Party Dump Fees, Vendor Delivery Fees, Equipment Rental Fees, Bridge Toll Fees, Parking Fees, Protective Plastic/Paper/Tape, Cleaning Supplies, Permits
1. If clients request to see the receipts, the receipts may not reflect the full cost of materials/project expenses at the time that the invoice is sent for a couple of common reasons:
a. We might use materials that we already have in our inventory for a project and bill the client for those materials. We do not have receipts for materials we provide from our own inventory.
b. The debris from that project might not be taken to the dump for a few days or weeks after the project is completed, depending on when we have time to make a trip to the dump.
i. The receipt for the dump fee might not be produced until a while after the project is complete so we cannot immediately provide a receipt for that dump trip.
ii. The cost reflected on the invoice for the dump fee is often an educated extrapolation of what the dump would
likely charge for debris of that weight and size, taking into account minimum fees that the dump charges
regardless of weight and size of debris loads.
D.) If the client would like to keep and dispose of any trash or leftover or scrap material themself to save on dump fees or use leftover material for their own purposes, the client must let us know before the project is completed and before our workers have left or those fees will by default be applied and non retractable.
1. This may or may not be applicable to the client depending on how much debris their project creates.
2. Taking client’s trash to the dump is a default service related to keeping a clear and safe worksite. Client’s must let us know if they would like to opt out of this service before the trash or leftover material leaves the worksite. Ideally, the intent to keep or dispose of trash/leftover material would be communicated before the project begins.
E.) If a client would like to purchase materials for their own project that is fine but we:
1. Cannot create the material/project expense list for the client’s project.
2. Cannot assure that the materials that the client purchases will be sufficient to complete the project.
3. Cannot assure that the materials purchased are adequate, or appropriate to use for the project’s intended use or application or code compliance.
F.) We are not financially responsible for delays or cancellations in material deliveries.
1. However, we will attempt to reschedule the project, or part of the project, at the next most convenient date for us and the client.
G.) We are not financially responsible for damages caused by delivery drivers or their vehicles.
1. Damages may be to material property, person’s, animals, plants or the materials that were being delivered and transported
H.) Non-Returnable/Non-Reimbursable Items
● The Client acknowledges and agrees that certain materials, supplies, or products (collectively, the “Custom Materials“) may be custom ordered, custom made, or otherwise not returnable or reimbursable to or by us, the Contractor. Such Materials may include, but are not limited to, custom fabricated items, special order items, or other items not typically held in inventory by the Company.
● In the event that Client terminates this Agreement prior to completion of the work as defined in the project proposal, the Client shall be fully responsible for all costs associated with the Custom Materials, including but not limited to, the acquisition, delivery, handling, storage, taxes, and any other associated fees or costs. The Client acknowledges and agrees that upon payment for such Custom Materials by either the contractor or themselves, ownership of these Custom Materials is transferred to the Client and the Contractor has no obligation to reimburse, refund, or accept return of such Custom Materials.
● The Contractor shall not be responsible for any costs associated with the removal, transportation, or storage of Custom Materials upon termination of this Contract. All sales of Materials under these circumstances are final
I.) If the client stated during the bidding phase of the project that they “have all materials necessary for the project” and the materials that are necessary to move forward are not available at the start date of the project we would charge a $105 hourly rate to either:
1. Go out and find, select and deliver the materials to the site. Depending on what is being purchased, the quantity being purchased, and where the nearest hardware store is that supplies that material, this trip or trips could take anywhere from 1 hour to 8 hours or more.
2. Wait for the material to arrive, if we arrive and the material does not arrive until later in the morning or day and there is no work to work on without that material
J.) We may ask for reimbursement/compensation for any amount owed for materials/project expenses during any time before, during or after the project, however:
1. If the total projected cost of materials/project expenses is less than $1,500 it will likely not be charged until the end of the project.
2. If the total projected cost of materials/project expenses is more than $1,500 it would likely be charged sometime before the project is completed.
K.) By accepting the Contract, the Client acknowledges that they have read, understood, and agreed to the terms and conditions outlined in this Clause.
Labor Costs
A.) Clients will either be given an hourly rate for the labor cost of the project or a fixed quote cost of labor or a combination of both if the work list is a mix of tasks billed differently.
B.) An hourly rate estimate means that the project will be billed by multiplying the hours spent on the project by our $105 per hour rate per lead worker and $45 per hour rate per assistant, if an assistant is assigned.
1. The length of the project and the number of employees assigned directly affects the labor cost of the project.
2. Before an hourly rate project is accepted the client will be told how many employees will be assigned to that project.
3. For projects that are billed at the Contractor’s hourly rate, the billable hours shall include the time taken to purchase materials required for the project and the time taken to dispose of project debris at the dump site.
4. The billable hours for the project shall commence upon the arrival of the Contractor’s workers at the address provided by the Client, as specified in the project proposal approved by the Client (“the Project Address”).
a. If on the scheduled day of the project, our worker(s) arrive at the address provided by the client, and the client is not home at the time and requests that our workers wait for them to arrive home, the wait time would be considered to be billable hours
5. In the event that the Client realizes that the Project Address provided in the project proposal is incorrect, the Client shall promptly inform the Contractor of the corrected address before the project start date.
6. If the Contractor’s workers arrive at the Project Address as indicated on the project proposal, but it is subsequently discovered that the address is incorrect and the Client provides a corrected address, the billable hours shall still begin from the time of arrival at the original Project Address.
7. These clauses exist to mitigate financial losses incurred from having to pay workers for their lost time
8. If any provision of this Clause is found to be invalid, illegal, or unenforceable, the remaining provisions shall not be affected and shall remain in full force and effect.
C.) A fixed labor cost bid/quote means that the labor cost for the project will not exceed the amount quoted regardless of the length of the project or the number of employees assigned to the project.
1. The only increase in labor costs to a fixed quote labor cost bid/quote would be if the client chooses to add more scope, tasks or work orders to the existing bid.
2. It is not necessary for us to disclose how many employees will be assigned to a fixed labor cost unless the client requests a rough estimate
D.) Changes to the scope of bids/contracts cannot move forward without written consent from both parties.
1. Written consent can be reflected formally as a modification to the contract document itself or informally by an exchange of text messages or emails between us, Longshore Handyman representatives, and the client.
2. The exchanges should show a brief description of the nature/scope of the new work order, the additional labor costs associated with those changes, and the approval of the client and contractor to move forward with those changes.
3. Once again, estimates for the labor costs associated with additional work do not include the cost of materials/project expenses
E.) If a task outlined in the agreement(s) made between Longshore Handyman and the client is being worked on and then left partially completed because the client chooses to halt the progress of work being made on that task, then partial payment equivalent to the percentage of work completed and the materials/project expenses accrued for that task are still required
1. The only exception for nonpayment are from valid customer dissatisfaction cases, as described in our Customer Satisfaction article below
F.) The purpose of this Clause is to establish procedures and guidelines for handling alterations to the original plans or site conditions (“the Changes”) for the accepted project proposal. The Changes may require additional labor, materials, or project expenses not initially accounted for in the Contract.
1. If the Client requests or necessitates any Changes to the original plans or site conditions, the Contractor shall issue a change order (“the Change Order”) detailing the modifications and the associated additional labor, materials, or project expenses required to implement the Changes.
2. The Change Order shall include an estimate of the cost required to implement the Changes and shall be submitted to the Client for review and approval via text or email or other written media before proceeding with the altered scope of work.
3. If the Client accepts the Change Order, the additional labor, materials, or project expenses outlined in the Change Order shall be deemed an integral part of the Contract.
4. The Contractor shall not commence work on the Changes until the Change Order is signed by the Client and an agreement on any necessary adjustments to the project timeline, scope, or payment terms, resulting from the Changes, is reached between the Contractor and the Client.
5. The Client agrees to pay the Contractor the agreed-upon amount for the Changes, as outlined in the Change Order, in addition to the original Contract price.
6. If any provision of this Clause is found to be invalid, illegal, or unenforceable, the remaining provisions shall not be affected and shall remain in full force and effect.
G.) By accepting the Contract, the Client acknowledges that they have read, understood, and agreed to the terms and conditions outlined in this Clause.
Estimates
A.) We provide free virtual estimates for non – invasive project assessments.
1. Free virtual estimates can be provided from pictures, videos, descriptive lists, inspection reports or by a non-invasive walkthrough of the work site.
B.) Free In-person walkthroughs of potential projects are limited to addresses that are equal to or less than a 30 minute drive away from our headquarters in Richmond, CA.
C.) Estimates that require Invasive project assessments, or sending workers to addresses more than a 30 minutes’ drive distance to determine the scope of the project, cost $210 to send someone from our team over to the prospective project site.
1. Invasive project assessments are classified as in-person visits where our workers have to go into narrow crawl spaces, go into attics, go onto roofs, open up interior or exterior walls.
D.) When the Client requests an estimate for a project that may be subject to an insurance claim, the Contractor shall require a Consultation Fee Payment of $500 before providing the estimate document.
1. The purpose of this Clause is to protect the Contractor’s interests and mitigate potential financial losses resulting from the provision of estimates for projects that the Client intends to file an insurance claim for, without a genuine intention of engaging the Contractor’s services.
a. For context, this is because clients seeking to file insurance claims have a tendency to have us waste our time drafting estimates for their projects, only to take the insurance money and hire someone cheaper and pocket
the difference or do the project themselves and keep the money.
2. The $500 Consultation Fee Payment shall be payable by the Client prior to the Contractor commencing work on the estimate. The Contractor shall not be obligated to initiate the estimate process until the Consultation Fee Payment is received in full.
3. If the Client accepts the estimate provided by the Contractor and decides to move forward with the full scope of the project proposal, the $500 payment shall be reimbursed to the Client in the form of a credit towards the final
payment for the completed project.
a. The reimbursement of the Consultation Fee Payment shall only be applicable if the Contract is executed, and the Client engages the Contractor to perform the construction work as outlined in the accepted estimate.
b. If the Client does not engage the Contractor to perform the construction work as outlined in the accepted estimate, the Consultation Fee Payment shall be deemed non-refundable and non-transferrable.
i. The Contractor reserves the right to retain the Consultation Fee Payment in such cases as a reasonable measure to compensate for the time, effort, and resources expended in preparing the estimate.
4. If any provision of this Clause is found to be invalid, illegal, or unenforceable, the remaining provisions shall not be affected and shall remain in full force and effect.
5. By requesting an estimate, the Client acknowledges that they have read, understood, and agreed to the terms and conditions outlined in this Clause.
E.) By accepting the Contract, the Client acknowledges that they have read, understood, and agreed to the terms and conditions outlined in this Clause.
Payment Methods and Terms
A.) An e invoice will be sent to a client’s email address a business day to a few business days after the project is completed, or by the scheduled interval payment if the project invoice is partitioned into several progress payments. A typical payment schedule for a project of $5,000 or more would look like the following:
1. A 10% upfront reservation fee, or $1,000, whichever is less, to lock in a project
a. The 10% is calculated from the total cost of the job. labor and material/project expenses combined, or $1,000, whichever is less.
b. The10%, or $1,000, upfront reservation fee is non refundable and will serve as a penalty if the client chooses to not move forward with the project once it has been approved and locked in. It will serve as compensation for the time, effort and money expended up to that point in the pursuit of the project.
c. We require a 10% upfront reservation fee payment to lock in projects estimated to total more than $2,500 in combined labor and estimated material/project expenses. The fee may not be necessary for projects whose total is less than $2,500.
2. A subsequent ~$5,000 progress payment when the cost of labor and materials combined reaches that amount or higher during the course of the project.
3. Depending on the total cost of the project, that ~$5,000 progress payment would be repeated until the remaining balance is about 10% of the total contract price
4. The final 10% payment is withheld and paid only after the project is completed.
B.) Invoices are payable with credit card, check or cash. Other alternative forms of payment can be discussed if the client has another payment preference.
C.) The full amount of any invoice is due within 5 days of it being received by the client. Thus, the payment terms are net 5 days, with a recurring monthly late fee set at 10%.
1. If the client makes a partial payment towards the full amount reflected on the invoice, late fees are still applicable and the late fees are applied to the remaining balance owed.
2. In the state of California, there is no minimum required grace period before late fees can be applied but we do have a generous grace period because we understand some things are outside our client’s control
a. The first month’s late fee will not be applied until 20 business days after the net 5-day pay period has passed. This is to be considered a grace period.
D.) Preliminary Intent to Lien Notice Acknowledgment
1. The Client acknowledges that, in accordance with California Civil Code, a Preliminary Notice (also known as an ‘Intent to Lien Notice’) will be issued to the Property Owner, General Contractor, Lender, and other interested parties within 20 days of the commencement of work or delivery of materials for this project.
a. Failure to comply with this requirement may result in the forfeiture of rights to file a mechanics lien in the event of non-payment for labor, services, or materials provided under this Agreement. The Client agrees to comply with all other requirements and provisions of the California Civil Code related to mechanics liens.
E.) If two late fee periods have accrued (20% Total Late Fees) and the client still fails to pay their balance in full then we may choose to begin the process to be able to file a mechanics lien or other legal process on the clients property to recuperate the full amount owed, as well as the accrued late fees.
F.) Since we are not in the business of lending money we are not able to bare the burden of making special accommodations if the client’s project financing is revoked or delayed by their money purveying institution: Bank, insurance company, finance department( If a commercial client), loans from friends or family
1. Special accommodations are classified as discounts to outstanding invoices, waiving late fees or extending late fee periods. We do not provide special accommodations.
G.) Rescheduling a project up to three times would not be cause for canceling the project as long as:
1. The client has not attempted to reschedule more than three times within 4 months of the original project date
2. The client has not attempted to reschedule the project solely on non – business days
3. The client has not attempted to reschedule the project solely on days with inclement weather that are not appropriate for exterior work
ii. If we are not able to fulfill the need to schedule or reschedule the project and the criteria above are met by the client then the reservation fee would be refundable, minus the credit card processing fees, if applicable
1. Summary of “criteria above”:
a. The client has not attempted to reschedule more than three times within 4 months of the original project date
b. The client has not attempted to reschedule the project solely on non – business days
c. The client has not attempted to reschedule the project solely on days with inclement weather that are not
appropriate for exterior work
H.) By accepting the Contract, the Client acknowledges that they have read,
understood, and agreed to the terms and conditions outlined in this Clause.
Customer Satisfaction
A.) Customer satisfaction is defined as the degree to which the project requirements have been fulfilled according to the scope described in the provided bid/estimate, and other agreements made between us and the client via email, text, or other written media leading up to the approval of the initial bid/estimate document or leading up to mutually agreed upon amendments to the bid/estimate document
1. Our entire Terms of Service is included as part of “the scope described in the provided bid/estimate” because agreeing to the bid/estimate also constitutes an agreement to our terms of service.
2. We cannot attend to or resolve complaints of customer dissatisfaction at the agreed upon bid/estimate price if the complaint(s) is rooted in issues arising from scope that was not included or mentioned in the agreements made between all parties involved. Below are just a few of many case scenarios.
a. If we are installing a vanity and it turns out that the plumbing is not in the correct location to accommodate the vanity. We could not resolve this issue without charging for the additional costs associated with opening up the wall and moving the plumbing.
b. If we are replacing an electrical appliance and there are undisclosed or previously unknown issues that cause the appliance to not function as intended. Such as replacing a bath fan and noticing that the duct work blows into the attic rather than being vented to the outside of the house. We could not resolve this issue without charging for the additional costs associated with fixing the ducting.
c. If we are picking up materials that the client ordered from the store and the material is handed over scuffed or damaged
B.) We attempt to meet our customer’s satisfaction as defined in this article and aim to resolve the subject of dissatisfaction before the final payment is made by the client
1. If the invoice has been sent and the client makes their dissatisfaction known and the customer’s dissatisfaction is valid as described in this article then our Net 5-Day and 20 Business Day Late Fee Payment Policy does not take effect until the source of the dissatisfaction is resolved.
C.) By accepting the Contract, the Client acknowledges that they have read, understood, and agreed to the terms and conditions outlined in this Clause.
Right to Refuse
A.) We reserve the right to refuse service to any client or their representatives at any time before or during their project if they try to instruct or enforce variations to the contract/work order without:
1. Written consent reflecting those changes.
2. Agreeing to pay for the additional costs of labor and project expenses associated with those changes.
B.) We reserve the right to refuse service to any client or their representatives at any time before or during their project if they to to instruct or enforce projects while knowing that:
1. The project would be dangerous to our workers’ well being without the necessary precautions.
2. The project would be dangerous to the client’s well being by not conforming to local codes, industry standards, or our professional standards.
C.) We reserve the right to refuse service at any time if our requests for the following are not fulfilled in a reasonable or timely manner:
1. Request to be reimbursed for labor costs and material/project expenses accrued up until the point of termination of the contract. The payment of this balance is subject to our terms described in our “Payment Methods and Terms” section.
2. Request for a 10% upfront payment on projects estimated to total more than $2,500
D.) By accepting the Contract, the Client acknowledges that they have read, understood, and agreed to the terms and conditions outlined in this Clause.
Subcontractors and Consultants
A.) Similar to our 14% markup for materials, we charge a 20% markup on the total invoiced amount we are billed by subcontractors and Consultants, if we need to hire them to complete a portion of the project.
1. A common reason that a subcontractor would be brought onto a project is if during a project an issue is found that was not disclosed or known at the time that the quote/bid for the project was given.
2. If the discovered issue is something we are not able to provide a bid on because it is outside our area of expertise a subcontractor or consultant would be hired.
3. If the discovered issue is something that urgently needs to be done and we do not have the availability to take care of the issue at that time then a subcontractor would be hired.
B.) If at the initial bidding phase of a project we expect to have to hire a subcontractor(s) to finish a portion of a project that would be mentioned in the estimate.
1. A rough estimate would be provided for the estimated total cost of a reasonably priced subcontractor(s) but our estimates for the total cost of a subcontractor(s) are in no way or form a promise or quote or bid that the
actual cost of materials/project expenses will not be higher or lower than what was estimated.
C.) If a client would like to hire their own subcontractor(s) for their project, that is fine but we cannot supervise, schedule, instruct, inspect or be responsible for the quality of that subcontractor’s work or any issues arising from that subcontractor’s work.
D.) If we cannot find a reasonably priced and/or qualified subcontractor that is available at the time of the project the project may be postponed until one is found.
1. We only hire professionals that present themselves as properly licensed, insured and bonded for the kind of work that they do.
E.) Disclaimer of Liability for Design Deficiencies:
1. We, the Contractor. shall not be responsible for any structural or other deficiencies or failures that may occur in the performance of the work under this agreement, to the extent that such deficiencies or failures result from plans, drawings, designs, specifications, or other such documents prepared by or under the direction of engineers, architects, consultants, or other design professionals engaged by the owner or its agents.
2. The contractor shall perform the work in accordance with the plans, drawings, designs, specifications, or other such documents provided, and in accordance with all applicable laws, regulations, building codes.
3. The contractor shall make sure to the best of their ability that the documents comply with applicable laws, regulations, or standards or are free from errors, omissions, or inconsistencies. However, the contractor shall not be liable for the consequences of such non-compliance, errors, omissions, or inconsistencies, provided the contractor has not knowingly proceeded with work it has recognized as being contrary to such laws, regulations, or standards.
4. This clause shall apply notwithstanding any inspection or approval of the work by any public or private entity or individual, including but not limited to building inspectors, engineers, architects, or other consultants.
F.) By accepting the Contract, the Client acknowledges that they have read, understood, and agreed to the terms and conditions outlined in this Clause.
Estimates
A.) We provide free virtual estimates for non – invasive, non – diagnostic project assessments.
1. Free virtual estimates can be provided from pictures, videos, descriptive lists, inspection reports or by a non-invasive walkthrough of the work site.
B.) Free In-person walkthroughs of potential projects are limited to addresses that are equal to or less than a 20 minute drive away from our headquarters in Point Richmond, CA.
C.) Estimates that require Invasive project assessments, or sending workers to addresses more than a 30 minutes’ drive distance to determine the scope of the project, cost $210 to send someone from our team over to the prospective project site.
1. Invasive project assessments are classified as in-person visits where our workers have to go into narrow crawl spaces, go into attics, go onto roofs, open up interior or exterior walls, or dig
D.) When the Client requests an estimate for a project that may be subject to an insurance claim, the Contractor shall require a payment of $500 before providing the estimate document.
1. The purpose of this Clause is to protect the Contractor’s interests and mitigate potential financial losses resulting from the provision of estimates for projects that the Client intends to file an insurance claim for, without a genuine intention of engaging the Contractor’s services.
a. For context, this is because clients seeking to file insurance claims have a tendency to have us waste our time drafting estimates for their projects, only to take the insurance money and hire someone cheaper and pocket
the difference or do the project themselves and keep the money.
2. The $500 Payment shall be payable by the Client prior to the Contractor commencing work on the estimate. The Contractor shall not be obligated to initiate the estimate process until the Down Payment is received in full.
3. If the Client accepts the estimate provided by the Contractor and decides to move forward with the full scope of the project proposal, the $500 payment shall be reimbursed to the Client in the form of a credit towards the final payment for the completed project.
a. The reimbursement of the Down Payment shall only be applicable if the Contract is executed, and the Client engages the Contractor to perform the construction work as outlined in the accepted estimate.
b. If the Client does not engage the Contractor to perform the construction work as outlined in the accepted estimate, the Down Payment shall be deemed non-refundable and non-transferrable.
i. The Contractor reserves the right to retain the Down Payment in such cases as a reasonable measure to compensate for the time, effort, and resources expended in preparing the estimate.
4. If any provision of this Clause is found to be invalid, illegal, or unenforceable, the remaining provisions shall not be affected and shall remain in full force and effect.
E.) By accepting the Contract, the Client acknowledges that they have read, understood, and agreed to the terms and conditions outlined in this Clause.
A.) If possible, we request that clients make their driveways or parking spaces available to our workers if there is no street parking close by or free parking close by to the project site.
1. This helps us avoid accumulating parking fees as project expenses that are billed to clients
2. This helps us facilitate access to the project site by being able to unload materials and tools and also clean up and pick up our items at the end of the work day
B.) By accepting the Contract, the Client acknowledges that they have read, understood, and agreed to the terms and conditions outlined in this Clause.
A.) We are typically available to receive and reply to calls, messages, emails, voicemails etc., Monday – Friday, between the hours of 9:30 AM – 5:00 PM.
B.) Our workers typically arrive Monday – Friday, at about 7:30 AM – 9:00 AM. They typically leave the worksite at about 3:30 PM – 5:30 PM.
C.) For other hours, please speak to our representatives
D.) By accepting the Contract, the Client acknowledges that they have read, understood, and agreed to the terms and conditions outlined in this Clause.
A.) The client agrees that we have the right to take pictures and videos of the contracted project area, both inside and outside of the Client’s home, at all phases of the project.
B.) We may use these pictures and videos for marketing or social media purposes.
C.) We agree to only use pictures and videos that do not identify the address of the client’s home or any specific information about the client unless the client has given written consent.
D.) The client agrees to waive any right to claim payment or compensation for the use of pictures and videos from their project.
E.) By accepting the Contract, the Client acknowledges that they have read, understood, and agreed to the terms and conditions outlined in this Clause.
Hiring of Contractor’s Employees and Disaffiliation with Client’s Work:
A. The client cannot, directly or indirectly, hire any employees of the contractor until the completion of the project as defined in this contract.
B. We, the contractor, are not responsible for, affiliated with, or held liable for any work done by our employees outside of their employed work hours, if the client chooses to hire them at their own discretion
C. In the event of a breach of this clause by the client, the contractor shall have the right to immediately terminate the contract, effective upon the discovery of the breach.
D. Upon termination of the contract due to a breach of this clause, the client shall compensate the contractor for the remaining balance of labor and project expenses invested in the project up until the time of termination.
a. Labor costs shall be calculated at a rate of $105 per hour per employee, irrespective of the percentage completion of the project.
b. Project expenses shall be calculated based on the amount spent on project expenses, including materials, plus a markup of 14%.
i. The purpose of this compensation is to protect the contractor’s financial interests resulting from expenditures on the client’s project expenses and materials, which may not be utilized to their full intended use due to the client’s breach of contract.
E. By approving this contract, the client acknowledges and agrees to the terms and conditions set forth in this clause. Any breach of this clause shall entitle the contractor to exercise their rights as specified herein.
A. The client acknowledges and agrees that only employees, subcontractors, or representatives of the Contractor shall perform the work described in this Agreement.
B. If anyone other than these authorized parties, including but not limited to property owners, tenants, or other subcontractors hired directly by the client, participates in or interferes with any part of the work, it could lead to a number of complications.
a. These complications could include scheduling delays, insurance conflicts, workplace safety risks, and permit validation issues.
C. Therefore, should any unauthorized party interfere with or perform any part of the work during the term of this Agreement, the following consequences shall apply:
a. Warranty Revocation: All warranties provided by the Contractor for the work will be immediately revoked.
b. Job Stoppage: Depending on the severity or scope of the interference, the Contractor reserves the right to issue a stop job order.
c. Payment of Costs: Upon the issuance of a stop job order, the client shall pay to the Contractor:
i. Accrued labor costs at a rate of $105 per hour per employee, irrespective of the degree of project completion.
ii. Project expenses, including the cost of materials and a markup of 14%.
iii. These expenses protect the Contractor’s financial interests resulting from expenditures on the client’s project expenses and materials, which may not be utilized to their full intended use due to
the client’s breach of contract.
D. This clause is intended to ensure a safe, orderly, and efficient work environment for all parties involved in the project. The client’s adherence to this clause is essential to the successful and timely completion of the work.
E. By accepting the Contract, the Client acknowledges that they have read,
understood, and agreed to the terms and conditions outlined in this Clause.
A. The Client understands and agrees that the Contractor’s warranties for the work performed under this Contract are contingent upon the Client’s fulfillment of payment obligations as outlined herein. The Contractor shall not be obligated to honor any warranties, express or implied, until receipt of the full payment due under this Contract, excluding any pre-approved, end-of-project discounts agreed to in writing by the Contractor.
B. Notwithstanding any other provision of this Contract, the Client acknowledges and agrees that no discounts, deductions, or offsets may be applied against the final payment or any outstanding balance due under this Contract unless previously agreed to in writing by the Contractor.
C. Any attempt by the Client to unilaterally seek a discount, deduction, or offset against the final payment or any outstanding balance due under this Contract, absent written approval by the Contractor, shall not relieve the Client of its obligation to make full payment under this Contract, and shall not entitle the Client to the benefit of any warranties for the work performed.
D. This clause is intended to ensure that the Contractor’s financial interests are protected, and the Client recognizes and agrees to the necessity of this protection. The Client further understands that any breach of this clause could result in significant harm to the Contractor, for which the Contractor may seek appropriate legal remedies.
E. This clause and all other parts of this Contract shall be governed by and construed in accordance with the laws of the State of California. Any disputes arising under this Contract shall be resolved in the appropriate state or federal courts of California.
F. By accepting the Contract, the Client acknowledges that they have read, understood, and agreed to the terms and conditions outlined in this Clause.
