Any construction agreement and any agreement made pursuant thereto (the “Agreement”) is between StormFront Construction (the “Company”) and the Customer(s). 

 

This Agreement is subject to all appropriate laws, regulations, and ordinances in the State of Ohio and these Terms and Conditions.

 

1.This Agreement is composed of this page, the Construction Agreement listed on page one, any Change Orders, or the Scope of Work Addendum, if applicable, and all other documents referenced in or incorporated into this Agreement. 

 

2.WARRANTY: Our workmanship warranties are five years for full roof or siding replacements only. Warranty not valid unless Company paid in full. The forgoing warranty is exclusive and in lieu of all other warranties, express or implied, including without limitation, any warranties of MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, and all other warranties are hereby disclaimed and excluded. Under our workmanship warranty, Company warrants that all components are installed correctly, in accordance with industry standards. Defects in materials are covered by separate manufacturer’s warranties. The Company is not responsible for any damages on or below the roof surface due to leaks caused by workmanship, rain, excessive winds, wind driven rain, ice, or hail during the period of the warranty. Excessive wind means 65 mph or greater. Additional manufacturer’s warranties will only apply if agreed to on page one of this Agreement.

 

3.PAYMENTS: Payments must be made per the payment scheduled on page one of this Agreement and are due in stages outlined in each Construction Agreement. Customers “Fix List” shall not delay final payment. Agreement price is payable by check only. Please make all checks payable to StormFront Construction. CASH WILL NOT BE ACCEPTED. A 3.5% convenience fee may be added for any credit or debit card transactions. Should default be made in payment of this Agreement, charges shall be added from the date thereof at a rate of 1.5% per month (18% per annum), with a minimum charge of $25.00 per month. If placed in the hands of an attorney or collection agency for collection, owner shall pay all collection costs, collection agency commissions, attorneys’ fees, expert fees, court costs and arbitration costs incurred by Contractor to collect past due balance. 

 

4.INSURANCE: The Company shall have no responsibility for damages from rain, fire, tornado, windstorm, or other perils, as it is normally contemplated to be covered by HOMEOWNER’S INSURANCE or BUSINESS RISK INSURANCE, unless a specified written agreement be made therefore prior to commencement of the work at your residence (the “Project.”). During the duration of the Project, your homeowner’s insurance will be responsible for any interior damage as long as the Company has taken appropriate action to protect the roof during the repair/replacement period. The company is not responsible under any circumstances, warranty or otherwise, for any mold, fungi, or interior damage caused by or resulting from mold or fungi, or the abatement of any said items.

 

5.The Customer releases the Company from any liability or cause of further damage/loss due to any attempts made to secure the property from further damage/loss, such as, but not limited to: the placement or attachment of temporary tarps to the roof to protect against further damage/loss. Company shall not be liable for failure of performances due to labor controversies, strikes, fires, weather, inability to obtain materials from usual sources, or any other circumstances beyond the control of the Company, whether of a similar or dissimilar nature.

 

6.The quotation on the face hereof does not include expenses or charges for bond insurance premiums, architectural drawings, engineering reports, etc. or costs beyond normal insurance coverage, and any such additional expenses, premiums, or costs may be added to the amount of the Agreement.

 

7.ADDITIONAL BILLABLE WORK: Replacement of deteriorated (rotten) decking, fascia boards, and roof jacks, ventilators, flashing or other materials, unless otherwise STATED IN THIS AGREEMENT, are NOT INCLUDED and will be charged as an extra, on a time and material basis. StormFront Construction labor rate is $125/hr. 

 

8.CANCELATION: IF AN AGREEMENT IS CANCELLED BY THE CUSTOMER LATER THAN MIDNIGHT OF THE 3rd BUSINESS DAY AFTER its execution, customer shall pay to the Company thirty-five percent (35%) of the Estimated Cost on the face hereof as liquidated damages, gauged as a reasonable forecast of Company’s damages and not as a penalty, and the Company agrees to accept such as a reasonable and just compensation for said cancellation. This Agreement CANNOT BE CANCELLED ONCE WORK IS COMMENCED on the project except by mutual written agreement of the parties.

 

9.ANY REPRESENATIONS, STATEMENTS, OR OTHER COMMUNICATIONS NOT WRITTEN ON THIS AGREEMENT ARE AGREED TO BE IMMATERIAL, not relied upon by either party, and do not survive the execution of this Agreement. This Agreement may not be amended, modified, or otherwise changed except by a writing executed by the parties. If any provision of this Agreement should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby.

 

10.LIMITATION OF LIABILITY:THE COMPANY’S MAXIMUM LIABILITY IN THE EVENT OF ANY DEFAULT BY IT, WARRANTY CLAIM, LAWSUIT, CLAIM, ARBITRATION,OR ANY OTHER OCCURRENCE, SHALL BE NO MORE THAN THE ESTIMATED COST (STATED ON PAGE ONE OF THE CONSTRUCTION AGREEMENT), WHICH YOU AGREE SHALL BE A LIQUIDATED SUM. Our representatives are available to answer any questions about Company’s maximum liability. The Company’s maximum liability in the event of any default by it, warranty claim, lawsuit, claim, arbitration, or any other occurrence, shall be the Estimated Cost (stated on page one of the Construction Agreement), which you agree shall be a liquidated sum. You hereby release, indemnify, and hold the Company (including its owners, employees, and agents) harmless from and against all other liabilities, claims, causes of action, damages, losses and expenses (including attorney’s fees and costs,) including by not limited to, consequential or incidental damages, any property damage or personal injury incurred by you or any other party related to or arising out of the services rendered by the Company on the Project. This indemnification extends to all responsibilities and undertaking as set forth in this Agreement and all warranty exclusions as indicated in this Agreement and in the warranty provided to you by the Company.

 

11.WORK IN PROGRESS LIABILITY: The Company is not responsible for construction problems associated with your home. If pointed out to the Company, we will attempt to assist you on correcting them on a time and material basis. The Company is not responsible for any damages related to leaks from skylights unless the Company completed the skylight replacement as part of the Project. The Company will not be held responsible for slight scratching and denting of gutters, oil droplets in driveways, hairline fractures in concrete, or minor broken branches on plants, foliage, or shrubbery, or ruts in the yard. The Company will not be held responsible for settling, settling cracks, vibration, drywall nail pops, dirt, dust, debris filtering through sheeting into attic and/or exposed ceiling or general construction progress. The Company will not be held responsible for AC lines that are within three inches of the interior surface of the roof or wall sheathing. Customer understands that Company is not liable for any damage caused by any third-party vendor, such as dumpster companies or material suppliers. The Company is not responsible for sump pump back-ups, water through foundation or mold and you agree to release Company from any such liability. Company cannot be held responsible for ventilation and mold problems related to inherent defective design or building practices from improper ventilation, moister added into attic or caused by a roof leak. If there are solar panels on the roof, homeowner agrees to take all necessary steps to remove, protect, and reinstall the same; under no circumstances will the Company be responsible for damage to them during the Project. Company shall not be responsible for mismatched colors in wood, shingles or other products due to variances in stain or paint colors, wood grains, fading, discoloration or material availability.

 

12.PAY PER TRADE POLICY: Customer agrees to pay in full at the substantial completion of each trade on the project. Customers “Fix it List” shall not delay payment. Company reserves the right to collect payment in full per trade prior to beginning on the next trade. Company Retainage Policy: Customer agrees to pay in full at the time of substantial completion of each Agreement. The maximum allowable retainage for any punch-out will be 5% of original Agreement price. Customer agrees to our percentage of completion billing policy as listed on the Construction Agreement. Company reserves the right to bill proportionately based on percentage of work complete. Customer understands that the company may issue a stop work order if requested progress payment is not received.

 

13.The Company’s failure to enforce any right under this Agreement shall not be construed as a waiver of any subsequent right to enforce the same or any other right, term or condition. If any provisions of this Agreement should be held invalid or unenforceable, the validity and enforceability of the remaining provisions shall not be affected thereby.

 

14.ANY PERSON, COMPANY, OR ENTITY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THEIR CONTRIBUTIONS.

 

15.SpecialNotice: OHIO LAW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT OR COMMENCE ARBITRATION PROCEEDINGS FOR DEFECTIVE CONSTRUCTION AGAINST THE RESIDENTIAL CONTRACTOR WHO CONSTRUCTED YOUR HOME. AT LEAST SIXTY DAYS BEFORE YOU FILEA LAWSUIT OR COMMENCE ARBITRATION PROCEEDINGS, YOU MUST PROVIDE THE CONTRACTOR WITH A WRITTEN NOTICE OF THE CONDITIONS YOU ALLEGE ARE DEFECTIVE. UNDER CHAPTER 1312 OF THE OHIO REVISED CODE, THE CONTRACTOR HAS AN OPPORTUNITY TO OFFER TO REPAIR OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER THE CONTRACTOR MAKES. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT OR COMMENCE ARBITRATION PROCEEDINGS.