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Easy Quoting For Contractors
1. Scope of Work — Construction / Trades
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: Perform specified work including all labor, materials, and cleanup as described in this quote. Quote includes total price or hourly rate, estimated timeline, payment terms (deposit plus final payment), and a one-year workmanship warranty on labor. Any additional work beyond this scope will be quoted separately before proceeding..
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. , dated , as revised through Revision ;
(c) the Project Specifications identified in Exhibit B, consisting of Division(s) , dated ;
(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.Owner 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): . 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: .
2. Written Change Order / Change Directive
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.
3. Contract Price and Draw / Payment Schedule
1. CONTRACT PRICE. Owner shall pay Contractor the fixed Contract Price of (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 % 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.
4. Workmanship Warranty and Defective Work
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.
5. Site Access / Right of Entry
. SITE ACCESS AND RIGHT OF ENTRY
.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 (the "Site") during the Term solely for the purpose of performing the Work described in this Agreement.
.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.
.3 Keys, Lockboxes, and Gate Codes. Owner shall provide Contractor the following access mechanisms within 5 business days of the Effective Date: . 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.
.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.
.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: . 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.
.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 .6 and such failure directly enabled the theft or vandalism.
.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.
6. Debris Removal and Site Cleanup
. DEBRIS REMOVAL AND SITE CLEANUP
.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.
.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.
.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.
.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 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, shall arrange and pay for removal and replacement.
.5 Hazardous Materials Exclusion. This Section does not obligate Contractor to remove, transport, or dispose of any Hazardous Materials as defined in Section . 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 .
.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.
.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 .3, Owner shall document them in the Punch List and Contractor shall correct them within 5 business days.
7. Permits, Licenses, Code Compliance, and Inspections
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 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.
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