Contractor Quotes

1. SCOPE OF WORK. Contractor shall furnish all labor, materials, equipment, tools, supervision, and incidental items necessary to complete the work described in this Agreement ("Work"), which consists of: Complete construction or renovation project per attached plans and specifications, including all labor, materials, equipment, permits, and cleanup as detailed in Schedule A. Pricing is provided on a line-item or phase basis with a clearly defined payment schedule. Excludes work not shown in the attached scope; any additional items will be addressed via written change order.. 2. CONTRACT DOCUMENTS. The Work is governed by the following Contract Documents, listed in order of precedence in the event of conflict: (a) this Agreement and any executed Change Orders; (b) the Drawings identified in Exhibit A (Drawing List), consisting of Drawing Nos. Drawing Numbers, dated Drawing Date, as revised through Revision Drawing Revision Number/Letter; (c) the Project Specifications identified in Exhibit B, consisting of Division(s) Specification Divisions, dated Specification Date; (d) any other exhibits attached hereto. In the event of a conflict among the Contract Documents, the document of higher precedence controls. Figured dimensions on Drawings govern over scaled dimensions. Specifications govern over general notes on Drawings. 3. PRE-MOBILIZATION REVIEW. Before mobilizing, Contractor shall review all Contract Documents and visit the site. Contractor shall promptly notify Owner in writing of any errors, omissions, ambiguities, or conflicts discovered. Contractor who proceeds without giving such notice is not relieved of the obligation to perform in conformance with the Contract Documents, and assumes responsibility for any costs resulting from known or discoverable conflicts. 4. PERMIT OBLIGATIONS. {{#if contractor_pulls_permits}}Contractor shall apply for, obtain, and pay for all permits, inspections, and approvals required to complete the Work lawfully, and shall schedule all required inspections. Owner shall provide timely access, signatures, and documentation reasonably required to support permit applications.ElseOwner shall obtain and pay for the building permit. Contractor shall obtain and pay for all sub-trade permits (electrical, plumbing, mechanical) and shall schedule all required inspections.{{/if}} 5. ALLOWANCE ITEMS. The Contract Price includes the following Allowance Items listed in Exhibit C (Allowance Schedule): Allowance Items (reference to Exhibit C). Each Allowance Item represents an estimated amount only. Contractor shall notify Owner before an Allowance Item is expected to be exceeded. The actual cost of Allowance Items (including Contractor's overhead and profit at 10%) shall be used to adjust the Contract Price by Change Order when Owner's selections are finalized. Unused Allowance amounts are credited to Owner; costs exceeding Allowances are charged to Owner as Change Orders. 6. WORK NOT INCLUDED. Unless expressly stated above, the following are excluded from the Scope of Work: Excluded Work.

1. NO ORAL CHANGES. The Scope of Work may be changed, expanded, or reduced only by a written Change Order signed by both Owner and Contractor before the changed work begins. Oral agreements, email approvals, or course-of-conduct approvals do not constitute a Change Order and do not obligate Owner to pay for extra work. 2. CHANGE ORDER CONTENTS. Each Change Order shall state: (a) a description of the changed work; (b) the adjustment, if any, to the Contract Price (increase, decrease, or no change); (c) the adjustment, if any, to the Substantial Completion Date; and (d) any effect on the draw schedule or Schedule of Values. 3. PRICING CHANGE WORK. The parties shall price proposed Change Orders using the following methods, in order of preference: (a) Lump-sum agreement; (b) Unit prices stated in the Schedule of Values or agreed in writing; (c) Time-and-materials at the labor rates and material markup stated in Exhibit D (Rate Schedule), subject to the T&M cap in Section 5 below. 4. CONTRACTOR'S NOTICE OBLIGATION. If Contractor encounters conditions that Contractor believes justify additional compensation or time, Contractor shall provide written notice to Owner within 14 calendar days of discovering the condition. Failure to provide timely notice is a waiver of any claim arising from that condition. 5. T&M RECORDS. When Change Order work is performed on a time-and-materials basis, Contractor shall maintain daily time-and-material tickets itemizing hours by trade, materials by quantity and invoice, and equipment by type and hours. Owner's representative shall review and sign each daily ticket within 2 business days. Unsigned tickets may be rejected by Owner at final reconciliation unless Contractor proves Owner's representative was unavailable. 6. NO ABANDONMENT. Contractor shall not stop Work on the base Scope of Work because a Change Order proposal is pending. Contractor shall continue performing undisputed Work while any Change Order dispute is resolved under the Dispute Resolution clause.

1. CONTRACT PRICE. Owner shall pay Contractor the fixed Contract Price of Contract Price ($) (the "Contract Price") for full and complete performance of the Work, subject to additions and deductions by signed Change Order. 2. DRAW SCHEDULE. The Contract Price shall be paid in draws as set forth in Exhibit B (Draw Schedule). Each draw is due and payable within 30 calendar days after Contractor submits a proper Application for Payment demonstrating that the Work corresponding to that draw milestone has been substantially completed. 3. APPLICATION FOR PAYMENT. Each Application for Payment shall: (a) identify the draw milestone; (b) state the amount requested; (c) include the Schedule of Values showing percentage complete for each line item; (d) certify that all subcontractors and material suppliers have been paid for all prior completed work; and (e) be accompanied by any lien waivers required by the Retainage clause. 4. RETAINAGE. Owner shall withhold 5% from each progress payment as retainage until Substantial Completion. Upon Substantial Completion, retainage shall be reduced to Final Retainage After Substantial Completion (%)% of the original Contract Price, with the balance released to Contractor within 30 calendar days. Final retainage is released with the Final Payment per Section 6. 5. DISPUTED AMOUNTS. If Owner disputes any portion of an Application for Payment, Owner shall pay the undisputed portion within the payment period and provide written notice of the disputed amount and the basis for the dispute within 10 calendar days of receipt of the Application. 6. FINAL PAYMENT. Final Payment of the remaining Contract Price balance (including withheld retainage) is due within 10 calendar days after all of the following conditions are satisfied: (a) Substantial Completion has been certified; (b) Contractor has submitted a final Application for Payment; (c) Contractor has delivered executed unconditional lien waivers from Contractor and all subcontractors and suppliers; (d) all punch-list items have been completed; and (e) Contractor has delivered all warranties, as-built drawings, and operation manuals required by the Contract Documents. 7. INTEREST ON LATE PAYMENTS. Payments not made when due bear interest at 18% per annum from the due date until paid, without prejudice to Contractor's other remedies.

1. SCHEDULE OF VALUES REQUIRED. Before submitting the first Application for Payment, Contractor shall submit to Owner a Schedule of Values ("SOV") allocating the Contract Price across the line items or CSI divisions of Work. The SOV shall: (a) list each line item by description and dollar amount; (b) allocate the sum of all line items to equal the Contract Price exactly; (c) separately identify general conditions, mobilization, and any other preliminary cost items; and (d) separately identify each Allowance Item. 2. SOV APPROVAL. Owner shall review the SOV within 7 calendar days after receipt. Owner may reject any SOV that is materially unbalanced (i.e., that front-loads early work items beyond their proportionate value in a manner that would result in Owner overpaying for early work). If Owner rejects the SOV, Contractor shall resubmit a revised SOV within 5 business days. Contractor may not submit the first Application for Payment until the SOV is approved. 3. SOV AS PAYMENT BASIS. The approved SOV governs all Applications for Payment. Contractor shall update the SOV with percentage-complete notations for each line item in each Application for Payment. Partial completion of a line item shall be paid only in proportion to the value of the work actually completed within that line item. 4. MATERIALS STORED ON-SITE. Owner shall include in each progress payment the value of materials stored on-site that have been delivered and inspected, at 90% of Contractor's actual invoiced cost. Conditions for on-site stored-materials payment: (a) materials are suitably stored and protected against theft, vandalism, and weather damage; (b) Contractor has provided evidence of insurance covering stored materials; (c) title to the materials vests in Owner upon payment, free of any lien or encumbrance; and (d) Contractor has provided a bill of sale or delivery documentation. 5. MATERIALS STORED OFF-SITE. Owner shall include off-site stored materials in progress payments only with Owner's prior written approval, and only if: (a) Contractor provides a bill of sale conveying title to Owner free and clear; (b) Contractor provides an insurance certificate naming Owner as additional insured and loss payee covering the off-site location; (c) the materials are clearly marked as property of the Project and stored separately from other materials; (d) if the Project is financed, Contractor obtains lender's written consent; and (e) Contractor provides the address of the storage location. Off-site stored materials are paid at 80% of Contractor's actual invoiced cost. 6. CONTRACTOR'S RESPONSIBILITY UNTIL INSTALLATION. Payment for stored materials does not relieve Contractor of responsibility for the safekeeping, security, maintenance, and insurance of stored materials until they are incorporated into the Work. If stored materials are lost, stolen, damaged, or destroyed before incorporation, Contractor shall replace them at Contractor's sole cost.

1. TYPES OF DIFFERING CONDITIONS. For purposes of this clause: (a) "Type I Condition" means a subsurface or latent physical condition at the Project site that differs materially from the conditions indicated or represented in the Contract Documents. (b) "Type II Condition" means an unusual physical condition at the Project site, of an unusual nature, that differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character described in the Contract Documents. 2. CONTRACTOR'S NOTICE OBLIGATION. If Contractor encounters conditions that Contractor believes may constitute a Type I or Type II Condition, Contractor shall: (a) stop the affected work immediately; (b) provide written notice to Owner within 10 calendar days of discovery, describing the observed condition and its location; and (c) take all reasonable steps to preserve the condition for Owner's inspection. 3. OWNER'S INVESTIGATION. Upon receipt of Contractor's written notice, Owner shall promptly investigate the reported condition. Owner may direct Contractor to continue performing unaffected portions of the Work during the investigation period. If Owner disputes that a Type I or Type II Condition exists, Owner shall provide a written denial within 5 calendar days of receiving Contractor's notice. 4. EQUITABLE ADJUSTMENT. If Owner determines, or it is otherwise established, that the encountered condition constitutes a Type I or Type II Condition, Owner shall grant Contractor an equitable adjustment in the Contract Price and/or Contract Time to compensate Contractor for the actual, documented additional cost and delay caused by the differing condition. No equitable adjustment shall be made for conditions that a competent contractor would have discovered through a reasonable pre-contract site investigation. 5. NOTICE AS CONDITION PRECEDENT. Contractor's timely written notice under Section 2 is a condition precedent to Contractor's right to an equitable adjustment under this clause. Contractor that proceeds with affected work without providing notice, or that fails to preserve the condition for inspection, waives any right to adjustment for that condition, except as Owner may waive this requirement in writing. 6. NO ADJUSTMENT AFTER FINAL PAYMENT. No request for equitable adjustment under this clause shall be considered after final payment has been made under this Agreement.

1. CONTRACT TIME. Contractor shall achieve Substantial Completion of the Work no later than Substantial Completion Date (the "Contract Completion Date"), subject to adjustment by signed Change Order or time extension granted under this clause. Time is of the essence. 2. TYPES OF DELAY. (a) "Excusable Delay" means delay caused by events beyond Contractor's reasonable control, including: fire, flood, earthquake, epidemic, acts of God, labor disputes not caused by Contractor, acts or omissions of Owner or Owner's other contractors, governmental action, or force majeure events as defined in the Force Majeure clause. Contractor shall receive a time extension (but no additional compensation) for Excusable Delay. (b) "Compensable Delay" means delay caused solely by Owner's act or omission, including Owner's failure to provide timely access, timely approvals, timely responses to RFIs, or Owner-furnished materials. Contractor shall receive both a time extension and compensation for its actual, documented additional costs for Compensable Delay. (c) "Inexcusable Delay" means delay caused by Contractor's own act, omission, or failure, including under-staffing, equipment failure, subcontractor default, or Contractor's failure to meet its own schedule. Contractor is not entitled to time extension or compensation for Inexcusable Delay. 3. LIQUIDATED DAMAGES. If Contractor fails to achieve Substantial Completion by the Contract Completion Date (as adjusted), Contractor shall pay Owner liquidated damages of Liquidated Damages Daily Rate ($) per calendar day of delay, from the Contract Completion Date until the date Substantial Completion is actually achieved. The parties agree that: (a) actual damages from late completion are difficult to calculate precisely; (b) the LD rate is a genuine pre-estimate of Owner's damages; and (c) the LD rate is not a penalty. Owner's right to liquidated damages is Owner's exclusive remedy for Contractor's delay in achieving Substantial Completion, unless Contractor's delay was caused by fraud, bad faith, or active interference. 4. TIME EXTENSION PROCEDURE. Contractor shall submit a written request for time extension within 14 calendar days of the onset of any Excusable or Compensable Delay. The request shall identify: (a) the cause of delay; (b) the anticipated duration; (c) the specific activities on the critical path affected; and (d) for Compensable Delay, the additional costs sought. Failure to submit a timely written request is a waiver of any time extension or compensation for that delay event. 5. CONCURRENT DELAY. Where delay is caused concurrently by Contractor and Owner, Contractor is entitled to a time extension for the period of concurrent delay but is not entitled to additional compensation during the period of concurrent delay. 6. NOTICE TO OWNER UPON DELAY DISCOVERY. Contractor shall notify Owner in writing within 5 calendar days of discovering any condition that may cause delay to the Substantial Completion Date, regardless of the cause.

Section [__]: Workmanship Warranty and Defective Work [WW-1] Express Warranty. (a) The Contractor warrants to the Owner that, for the period commencing on the Date of Substantial Completion and ending 12 months thereafter (the "Warranty Period"), all Work performed under this Contract shall: (i) conform to the Contract Documents; (ii) be free from defects in materials and workmanship; and (iii) comply with all applicable laws, codes, and regulations in effect as of the date of installation. (b) This warranty is in addition to, and does not limit, any statutory implied warranties applicable under the law of the state in which the Project is located, including but not limited to any implied warranty of habitability, fitness for a particular purpose, or non-statutory warranty arising under applicable case law. Nothing in this Section shall be construed to waive or disclaim any statutory warranty right that cannot be disclaimed under applicable law. (c) For consumer contracts (where the Owner is a natural person contracting for personal, family, or household purposes), this written warranty is subject to the Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301 et seq., and shall be construed as a "full" warranty unless designated otherwise in writing. Any limitation on the duration of an implied warranty shall not exceed the duration of this express written warranty. [WW-2] Warranty Remedy. (a) Within thirty (30) calendar days after receipt of the Owner's written notice describing a warranty claim with reasonable specificity as to the location and nature of the alleged defect, the Contractor shall: (i) inspect the claimed defect; and (ii) either commence and diligently pursue correction of confirmed defects, or provide the Owner with a written response explaining in reasonable detail why the Contractor disputes the claim. (b) If the Contractor disputes the claim, the parties shall follow the dispute-resolution procedure in Section [__] (Dispute Resolution). Pending resolution, the Contractor shall not be required to perform warranty repairs on disputed items, but shall cooperate with any inspection by a neutral third party. (c) Warranty repairs shall be performed at the Contractor's sole cost and expense, including all labor, materials, and incidental costs to access and restore areas disturbed during repair (e.g., drywall patching, painting, flooring replacement). (d) The Warranty Period for any repaired or replaced portion of the Work shall be extended by the duration of the original Warranty Period measured from the date the repair or replacement is completed. [WW-3] Warranty Exclusions. The Contractor's warranty obligations under this Section do not apply to defects or damage caused by: (i) the Owner's or any third party's misuse, abuse, or neglect of the Work; (ii) modifications to the Work made by parties other than the Contractor without the Contractor's prior written consent; (iii) normal wear and tear; (iv) acts of God, including earthquakes, floods, lightning, or other natural events of abnormal severity; (v) Owner-furnished materials or equipment, to the extent the defect is attributable solely to such Owner-furnished items; or (vi) failure by the Owner to perform maintenance obligations specified in the operation and maintenance manuals delivered at Final Completion. [WW-4] Equipment and Manufacturer Warranties. At Final Completion, the Contractor shall assign to the Owner, to the extent assignable, all manufacturer warranties and subcontractor warranties covering equipment, systems, and materials incorporated into the Work. The Contractor shall deliver all warranty documentation, registration forms, and contact information with the closeout deliverables required by Section [__] (Substantial Completion). Assignment of manufacturer or subcontractor warranties does not reduce the Contractor's obligations under Section [WW-1] for the balance of the Warranty Period. [WW-5] Latent Defects. Notwithstanding the expiration of the Warranty Period, the Contractor remains liable for latent defects — defects that could not have been discovered by reasonable inspection during the Warranty Period — to the fullest extent permitted by the applicable statute of limitations or statute of repose under the law of the state where the Project is located.

Section [__]: Right to Cure / Pre-Litigation Notice [RC-1] Mandatory Pre-Litigation Notice — General Construction. (a) Before commencing any litigation, arbitration (except as required to preserve a limitations period), or other formal legal proceeding arising out of an alleged defect, nonconforming work, or breach of the warranty obligations in Section [__] (Workmanship Warranty), the Owner shall first provide the Contractor with written notice of the alleged defect or breach (a "Cure Notice"). The Cure Notice shall: (i) identify the location and nature of the alleged defect or breach with reasonable specificity; (ii) include photographs or other documentation in the Owner's possession; (iii) state the Owner's contact information for scheduling an inspection; and (iv) be delivered by a method that creates a verifiable record of receipt (certified mail, overnight courier, or email with read receipt or delivery confirmation). (b) Upon receipt of a Cure Notice, the Contractor shall have 10 calendar days (the "Cure Period") in which to: (i) inspect the claimed defect at a mutually agreed time (with at least five (5) calendar days' advance notice); (ii) elect, by written notice to the Owner, to: (A) repair or correct the alleged defect; (B) offer monetary settlement in lieu of repair; or (C) dispute the claim in writing with a reasonably detailed explanation; and (iii) commence any elected repair work. (c) No action may be commenced by the Owner until the Cure Period has expired and the Contractor has either declined to cure, failed to complete the cure within a reasonable time after election, or the parties have failed to agree on a settlement. (d) Commencement of the Cure Period tolls any applicable statute of limitations or statute of repose for the duration of the Cure Period plus any additional period required to complete an elected repair. [RC-2] Emergency Exception. (a) The Cure Notice and Cure Period requirements of Section [RC-1] are waived where the alleged defect or condition poses an immediate and objectively verifiable threat to the health or safety of occupants or third parties, or poses risk of imminent material damage to property (an "Emergency Condition"). (b) In the event of an Emergency Condition, the Owner may take reasonable emergency remedial action without prior notice. The Owner shall, however, notify the Contractor as soon as practicable (and in no event later than 24 hours after commencement of emergency work) and shall: (i) document the emergency condition before and after remediation to the extent reasonably possible; (ii) preserve evidence of the alleged defect; and (iii) provide the Contractor access to inspect the remediated area. (c) The Owner may recover the reasonable, documented cost of emergency remediation from the Contractor only if the Owner demonstrates that: (i) a genuine Emergency Condition existed; (ii) the Contractor's Work was the proximate cause; and (iii) the costs incurred were reasonable and necessary. (d) Mischaracterization of a non-emergency condition as an Emergency Condition to circumvent the Cure Period is a material breach of this Contract by the Owner and may result in forfeiture of the Owner's right to recover emergency remediation costs. [RC-3] Sub-Tier Right to Cure. (a) Where the General Contractor (as Owner under a subcontract) seeks to backcharge, withhold payment from, or terminate a subcontractor for alleged defective work, the General Contractor shall first provide the subcontractor with a written Cure Notice meeting the requirements of Section [RC-1]. (b) The subcontractor shall have the same Cure Period as specified in Section [RC-1](b) to inspect and elect a remedy. (c) If the subcontractor timely elects to repair and diligently pursues the repair, the General Contractor shall not engage other contractors to perform the repair at the subcontractor's expense until the Cure Period has expired and the subcontractor has had a reasonable opportunity to complete the work. (d) Self-help repairs performed by the General Contractor without complying with this Section shall not be recoverable from the subcontractor.

Clause Number. SITE ACCESS AND RIGHT OF ENTRY Clause Number.1 Grant of Access. Owner grants Contractor, its employees, subcontractors, agents, suppliers, and equipment operators (collectively, "Contractor Parties") the right to enter and occupy the property located at Property Address (the "Site") during the Term solely for the purpose of performing the Work described in this Agreement. Clause Number.2 Access Hours. Contractor Parties may access the Site during the following hours without prior notice: Monday-Friday, 9:00 AM to 5:00 PM. Access outside these hours requires Owner's prior written or verbal consent, not to be unreasonably withheld. In the event of an emergency affecting the Site or the Work (including but not limited to water intrusion, structural instability, or hazardous conditions), Contractor may access the Site at any time and shall notify Owner as soon as reasonably practicable. Clause Number.3 Keys, Lockboxes, and Gate Codes. Owner shall provide Contractor the following access mechanisms within 5 business days of the Effective Date: Access Mechanism (keys, lockbox, gate code, etc.). Contractor shall maintain the confidentiality of all access codes and shall not duplicate keys or share access mechanisms with third parties other than Contractor Parties directly involved in performing the Work. Contractor shall return all keys, remotes, and access devices to Owner within 10 business days of Substantial Completion or earlier termination. Clause Number.4 Occupied Premises. If the Site is occupied by Owner or tenants during the Work: (a) Contractor shall provide Owner at least 24 hours' advance written notice (email acceptable) before accessing occupied interior spaces for inspections, measurements, or non-disruptive work; (b) Contractor shall minimize disruption to occupants' use of the premises and shall not unreasonably interfere with Owner's business operations or residential use; (c) Owner shall ensure that Contractor Parties have clear access to work areas and shall relocate furniture, personal property, and vehicles as reasonably necessary to allow Contractor to perform the Work; (d) Contractor is not responsible for loss or damage to Owner's personal property located in the work area unless caused by Contractor's gross negligence or willful misconduct. Clause Number.5 Utility Access. Owner shall ensure that Contractor has access to and use of the following utilities at the Site at no cost to Contractor: Available Utilities (electricity, water, etc.). If utilities are not available or are interrupted due to Owner's act or omission, Contractor may suspend Work and the schedule shall be extended day-for-day, or Contractor may arrange temporary utilities and add the documented cost to the Contract Price. Clause Number.6 Site Security. Contractor shall secure the Site and all access points at the end of each workday to the extent reasonably practicable. Contractor is not responsible for theft or vandalism by third parties unless Contractor failed to secure access points as required by this Section Clause Number.6 and such failure directly enabled the theft or vandalism. Clause Number.7 Owner's Right to Inspect. Owner and Owner's representatives (including lenders, inspectors, and architects) may enter the Site at any time during Access Hours to observe the Work, provided they do not unreasonably interfere with Contractor's operations. Owner shall provide Contractor reasonable advance notice of any third-party inspection and shall coordinate with Contractor to schedule inspections during times that minimize work disruption.

Clause Number. DEBRIS REMOVAL AND SITE CLEANUP Clause Number.1 Ongoing Cleanup Obligation. Contractor shall maintain the Site in a reasonably clean, safe, and orderly condition throughout the course of the Work. At the end of each workday, Contractor shall: (a) remove or securely stack all debris, scrap materials, and packaging that creates a tripping hazard or obstructs Owner's use of non-work areas; (b) secure or cover all tools, equipment, and materials to protect them from weather and theft; (c) sweep or vacuum dust and debris from work areas if work is being performed in an occupied space. Clause Number.2 Construction Debris Disposal. Contractor is responsible for removing and lawfully disposing of all construction debris, demolition waste, excess materials, packaging, and scrap generated by the Work ("Debris"), including but not limited to: drywall scraps, lumber offcuts, packaging materials, old fixtures removed during demolition, and empty containers. Contractor shall haul Debris to a licensed landfill, transfer station, or recycling facility at Contractor's expense unless otherwise specified in the Contract Price breakdown. Clause Number.3 Final Cleanup Standard. Upon Substantial Completion of the Work, Contractor shall perform a final cleanup of the Site to leave it in Broom Clean condition, as follows: (a) Broom Clean: All debris, dust, and scrap materials removed; floors swept; work areas free of construction waste. (b) Broom Clean Plus: Broom Clean standard, plus: windows cleaned of overspray and construction film; fixtures wiped down; floors mopped or vacuumed; HVAC vents and returns cleared of dust. (c) Move-In Ready: Broom Clean Plus standard, plus: detailed cleaning of all finished surfaces; appliances cleaned inside and out; final touch-up paint; all stickers, labels, and protective films removed. Clause Number.4 Owner-Supplied Dumpster. If Owner elects to provide an on-site dumpster or roll-off container for Debris disposal, Owner shall arrange delivery of a dumpster of size Dumpster Size (if Owner-supplied) to the Site before Work commences and shall be responsible for all rental fees, haul-away charges, and overage fees. Contractor shall use the Owner-supplied dumpster exclusively for Debris generated by the Work under this Agreement and shall not dispose of unrelated waste. If the dumpster reaches capacity before Substantial Completion, Party Responsible for Dumpster Refill (Owner / Contractor) shall arrange and pay for removal and replacement. Clause Number.5 Hazardous Materials Exclusion. This Section does not obligate Contractor to remove, transport, or dispose of any Hazardous Materials as defined in Section Hazardous Materials Section Reference. If Contractor encounters asbestos, lead paint, mold, contaminated soil, or other Hazardous Materials during the Work, Contractor shall stop work in the affected area and notify Owner immediately in accordance with Section Hazardous Materials Section Reference. Clause Number.6 Owner Personal Property. Contractor is not responsible for removing, disposing of, or storing Owner's personal property, furniture, old appliances (unless removed as part of the demolition scope), or non-construction waste. Owner shall remove all personal property from work areas before Contractor commences Work in those areas. If Owner fails to do so, Contractor may relocate Owner's property to a non-work area of the Site and shall not be liable for any damage during relocation unless caused by gross negligence or willful misconduct. Clause Number.7 Post-Completion Cleanup Punch. If Owner identifies cleanup deficiencies during the final walkthrough that prevent the Site from meeting the standard specified in Section Clause Number.3, Owner shall document them in the Punch List and Contractor shall correct them within 5 business days.

Clause Number. UTILITY SERVICE RESPONSIBILITY Clause Number.1 Temporary Utilities During Construction. Owner shall provide or arrange for the following utilities to be available at the Site throughout the Term at no cost to Contractor: Utilities Provided by Owner (electricity, water, etc.). If any required utility is not available at the Site as of the scheduled Work commencement date, Contractor may either: (a) delay commencement until the utility is available, in which case the Project schedule shall be extended day-for-day; or (b) arrange for temporary utility service (generator, water delivery, portable toilets, etc.) and add the documented cost to the Contract Price. Clause Number.2 Payment of Utility Costs. Party Paying Temporary Utility Bills (Owner / Contractor) shall pay all utility bills (electricity, gas, water, and sewer) incurred during the Term. If Party Paying Temporary Utility Bills (Owner / Contractor) is the Owner and utility service is interrupted due to non-payment or administrative disconnection, the Project schedule shall be extended day-for-day for the period of interruption, and Contractor shall not be liable for delays caused by utility interruption. Clause Number.3 Permanent Utility Connections. If the Work includes new permanent utility connections (electric service, water/sewer lateral, gas line connection, etc.), responsibility for arranging, permitting, and paying for each utility connection is allocated as follows: | Utility Type | Arrangement & Permit Responsibility | Payment Responsibility | |---|---|---| | Electric service / meter | Electric Service Arrangement Responsibility | Electric Service Payment Responsibility | | Water / sewer connection | Water/Sewer Arrangement Responsibility | Water/Sewer Payment Responsibility | | Natural gas connection | Gas Service Arrangement Responsibility | Gas Service Payment Responsibility | | Telecommunications (phone/internet/cable) | Owner | Owner | The Party responsible for arrangement shall initiate utility applications within 14 days of Utility Application Trigger Event and shall provide the other Party copies of all applications and approval letters. Clause Number.4 Utility Locate / Call Before You Dig. Before performing any excavation, trenching, boring, or ground disturbance, Contractor shall contact the applicable underground utility locate service (e.g., 811 / DigSafe) at least 48 hours in advance and shall not excavate until all utilities have been marked. Contractor shall use reasonable care to avoid damaging marked underground utilities. If Contractor damages a properly marked utility line due to negligence, Contractor shall be responsible for repair costs and any resulting delay. If an unmarked utility line or a utility line marked in the wrong location is damaged, Owner shall be responsible for repair costs unless Contractor had actual knowledge of the utility's location. Clause Number.5 Utility Interruption for Tie-Ins. If the Work requires temporary interruption of utility service to the Site or adjacent properties (e.g., to tie in new plumbing or electrical service), Contractor shall: (a) provide Owner and affected neighbors at least 5 days' advance written notice of the planned interruption; (b) schedule the interruption at a mutually convenient time; (c) minimize the duration of the interruption; and (d) restore service as promptly as reasonably practicable. Contractor is not liable for consequential damages resulting from planned utility interruptions for which proper notice was provided. Clause Number.6 Damage to Existing Utilities. If Contractor damages an existing utility line, meter, or connection serving the Site or an adjacent property, Contractor shall: (a) immediately notify the affected utility company and Owner; (b) take reasonable steps to mitigate the damage (e.g., shut off water at the main, disconnect power at the panel); and (c) arrange for the utility to perform emergency repairs. Contractor shall be responsible for the cost of repairing utility damage caused by Contractor's negligence or failure to follow locate markings. Owner shall be responsible for the cost of repairing utility damage caused by: (i) pre-existing defects in the utility infrastructure; (ii) unmarked or improperly marked utilities; or (iii) utilities located outside the area identified in locate markings.

Contractor's License. The Contractor represents and warrants that it holds, and shall maintain in active, valid, and unrevoked status throughout the duration of this Contract, all contractor licenses, registrations, and certifications required by the laws of State where the Project is located (e.g., California, Texas, Florida) and any applicable local jurisdiction for the Work described herein. The Contractor's license number and classification are stated on the face page of this Contract. If Contractor operates in multiple trades, each trade requiring a separate license shall be listed on the face page or in an exhibit. Unlicensed Status — Consequences. If Contractor is found to have performed any portion of the Work while its license was expired, suspended, revoked, or otherwise invalid — whether or not such condition was known to Contractor — Contractor shall have no right to collect compensation for Work performed during the unlicensed period, and Owner may seek disgorgement of all amounts paid for Work performed during such period, to the fullest extent permitted by applicable law. In California, the parties acknowledge the requirements of Business and Professions Code § 7031, under which a contract with an unlicensed contractor is unenforceable and the owner may recover all compensation paid. Contractor shall promptly notify Owner in writing of any change in its license status. Permit Responsibility. Unless otherwise specified in the Contract Documents, the Contractor shall obtain, pay for, and maintain all permits, approvals, governmental fees, licenses, and inspections necessary for the proper execution and completion of the Work, including but not limited to: building permits, grading permits, demolition permits, encroachment permits, and all trade permits required for electrical, plumbing, mechanical, and fire-protection work. Permit fees are included in the Contract Price unless specifically identified as Owner's cost in the Project Schedule or a written Change Order. Scheduling Inspections. Contractor shall schedule all required code inspections with the applicable authority having jurisdiction (AHJ) and shall provide Owner with at least 2 business days' advance notice of each inspection. Contractor shall not cover or conceal any Work requiring an intermediate inspection until such inspection has been passed and documented. Contractor shall promptly remedy any deficiency identified by an inspector. Certificate of Occupancy (CO) / Certificate of Completion. Issuance of the final Certificate of Occupancy (or Certificate of Completion, as applicable) by the AHJ is a condition precedent to Contractor's right to submit an application for Final Payment. If the AHJ withholds or conditions the CO for reasons attributable to deficiencies in Contractor's Work, Contractor shall cure such deficiencies at its own cost. If the AHJ conditions the CO for reasons outside Contractor's scope of Work (including pre-existing conditions or Owner-directed omissions), Owner shall either direct a Change Order for the required work or accept responsibility for the delayed CO. Code Compliance Standard. All Work shall comply with the edition of the applicable building code (International Building Code, International Residential Code, or applicable state-adopted code) and all referenced standards in effect as of the date the building permit is issued. Contractor is not responsible for code changes adopted after permit issuance unless required by the AHJ as a condition of inspection or final approval, in which case the requirement constitutes a Change in Law and shall be addressed by Change Order.

Clause Number. RIGHT TO PHOTOGRAPH AND DOCUMENT WORK Clause Number.1 Contractor's Right to Photograph. Contractor may photograph, video record, and otherwise document the Project site, work-in-progress, and completed Work (collectively, "Project Documentation") for the following purposes: (a) internal project management, quality control, and documentation; (b) insurance and dispute resolution; (c) marketing, advertising, portfolio, and promotional use, including but not limited to Contractor's website, social media, trade publications, and award submissions. Clause Number.2 Owner's Right to Photograph. Owner may photograph, video record, and document the Work at any time for the following purposes: (a) monitoring work progress; (b) insurance documentation and claims; (c) personal records and before/after documentation; (d) lender or municipal inspection submissions. Clause Number.3 Marketing Use by Contractor. Contractor may use Project Documentation in its marketing materials, including but not limited to: website project galleries, social media posts, print brochures, and case studies. Contractor may identify the Project by general location (city/neighborhood) and project type (e.g., "Custom Kitchen Remodel, City/Neighborhood for Marketing Use") but shall not disclose Owner's name, street address, or other personally identifying information in public marketing materials without Owner's prior written consent. Clause Number.4 Owner Opt-Out. Owner may opt out of Contractor's marketing use of Project Documentation by providing written notice to Contractor at any time Opt-Out Timing (e.g., 'before Substantial Completion' or 'at any time'). If Owner opts out: (a) Contractor shall remove any publicly posted Project Documentation featuring the Property within 30 business days of receiving opt-out notice; (b) Contractor may continue to use Project Documentation internally and for insurance/dispute purposes; (c) Contractor may continue to use Project Documentation that does not show the Property's exterior, street address, or other identifying features, provided the images show only interior work areas and do not allow the Property to be identified. Clause Number.5 Confidential Features. Notwithstanding Section Clause Number.3, Contractor shall not photograph or publicly disclose any features or areas Owner designates in writing as confidential ("Confidential Features"), including but not limited to: security systems, safes, cameras, access control devices, firearm storage, or any area Owner specifically identifies as off-limits for photography. Contractor's portfolio use shall not include images of Confidential Features unless Owner provides written authorization. Clause Number.6 Owner's Marketing Use. Owner may use photographs of the completed Work in connection with selling or leasing the Property, including in real estate listings, brochures, and virtual tours. Owner may identify Contractor as the builder/contractor in such marketing materials but is not obligated to do so. Clause Number.7 Third-Party Photographer Access. If Contractor wishes to engage a professional photographer to photograph the completed Work for portfolio use, Contractor shall provide Owner at least 7 days' advance notice and shall schedule the photography session at a mutually convenient time. Owner may be present during the photography session. The professional photographer shall comply with all confidentiality and opt-out provisions of this Section. Clause Number.8 Attribution and Endorsement. Any public use of Project Documentation by either Party shall accurately represent the Work and shall not create a false impression of endorsement by the other Party. Neither Party shall use the other's trademarks, logos, or trade names without prior written consent.