T & C ~ Disclaimer

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BUILDER SHALL NOT BE RESPONSIBLE FOR THE FOLLOWING:  

Existing Building Code violations, repairs or existing conditions; All Permit or Sub Permit fees; Any governmental fees associated with construction; 

Unforeseen, concealed, and hidden conditions that may affect the scope of work which will result in additional General Conditions costs; 

Any related costs to cover any errors and omissions on the permitted set of plans; Asbestos, containment, abatement and testing; Temporary electric and water; 

FPL, Seco, Duke or other utility companies fee; Remedial work to the existing sewer, water, fire, gas, electrical, low voltage, and other utilities; Allowances for unforeseen conditions;  

any other work not described in estimate or invoice. 

Change Orders   

In the event the Builder is required by the Owner to perform additional work for which the amount of compensation is not previously agreed upon, the Builder shall prepare and submit to the Owner a proposal describing the estimated quantities and cost involved. The Builder shall furnish to the Owner all documents required by the Owner, to evidence the expenditures of the Builder as a result of such change. 

Builder is not responsible for unknown conditions that cannot be observed in a non-destructive inspection of the premises or conditions that differ materially from those (a) indicated or referred to in the contract documents or (b) ordinarily encountered and generally recognized as inherent in the work of the character provided for in this contract. Any hidden, concealed, or unforeseeable conditions, including code violations, that must be corrected that shall result in a change order to the work. 

Insurance  

Builder shall carry General Liability of 1 million dollars

Owner’s Obligations   

Owner is to prepare all work areas so as to be acceptable for Builder’s work under this contract.  

Owner warrants that all utilities necessary for the completion of construction are to the property line and/or accessible to Builder.  

Supervision  

Owner agrees that the supervision of the work performed under this Agreement is under the exclusive direction of the Builder, and Builder shall have control over construction means, methods, techniques for coordinating all portions of the work. OWNER SHALL NOT INTERFERE WITH THE WORK, NOR CAUSE ADDITIONAL WORK TO BE CARRIED ON WITHOUT THE WRITTEN CONSENT OF THE BUILDER. ALL OF THE WORK SHALL BE DONE BY THE BUILDER OR SUBCONTRACTORS IN DIRECT CONTRACT WITH THE BUILDER. 

Warranties  

ALL MATERIAL IS GUARANTEED TO BE AS SPECIFIED, AND THE WORK TO BE PERFORMED IN ACCORDANCE WITH THE SPECIFICATIONS SUBMITTED FOR THE ABOVE WORK AND COMPLETED IN A SUBSTANTIALLY WORKMANLIKE MANNER. 

BUILDER AGREES TO PROMPTLY MAKE GOOD, WITHOUT COST TO OWNER, ANY AND ALL DEFECTS DUE TO FAULTY WORKMANSHIP WHICH MAY APPEAR WITHIN TWO (2) YEAR FROM THE DATE OF COMPLETION AND ACCEPTANCE OF THE WORK BY OWNER, PROVIDED THAT THE OWNER IS NOT IN BREACH OF THIS CONTRACT, INCLUDING HAVING PAID IN FULL PER THE CONTRACT TERMS ANY MONIES DUE. THIS LIMITED WARRANTY IS THE ONLY EXPRESS WARRANTY PROVIDED BY BUILDER. 

ANY IMPLIED WARRANTY OF HABITABILITY EXTENDS ONLY TO THE CONDITIONS OF THE PROJECT AT THE TIME OF COMPLETION AND DOES NOT EXTEND TO ANY CONDITIONS NOT KNOWN OR UNDER THE CONTROL OF THE BUILDER AT THE TIME OF COMMENCEMENT OF THE PROJECT OR TO ANY DEFECT CAUSED BY CONDITIONS OCCURING SUBSEQUENT TO THE COMPLETION OF THE PROJECT. 

Representations   

This Agreement constitutes the entire agreement between Owner and Builder, and supersedes all prior negotiations, representations, understandings and agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Builder. Owner acknowledges that Builder has made no guarantees, warranties, understandings, nor representations (nor have any been made by any representatives of Builder) that are not included in the contract documents. 

Miscellaneous   

Owner and Builder both represent that they are ready, willing and able to carry out the terms, provisions and conditions of this agreement. Owner’s, or Contractor’s refusal or inability to fully and timely perform any of the terms of this Agreement shall give either party the right to declare this agreement null and void and either party shall have the right to bring any and all legal and/or equitable actions against the other in conformity with the Laws of the State of Florida. Both the Contractor and the Owner shall additionally be entitled to recover all costs, losses, lost profits, loss of work and earnings, damages and expenses incurred; including but not limited to reasonable legal and attorney’s fees. 

Builder reserves the right to substitute building materials, which in Builder's judgment require such changes, with prior notification to the Owner; provided, however that any substitute materials shall be of substantially similar or better quality to those specified in the Contract Documents. 

Indemnification  

Owner waives any rights or claims Owner may have against Builder for any personal injuries and/or property damages incurred by anyone other than Builder and/or Builder’s subcontractors on the property during the period of work, and shall indemnify, defend and hold Builder harmless from any claims asserted for such alleged injuries and/or damage. 

Owner shall hold Builder harmless and shall defend and indemnify Builder for any claims, actions, suits, awards, damages, or other liability, including, without limitation, attorney's fees, professional witness fees, court costs, and other charges, arising out of or related to (i) Owner's breach of any term, condition, or representation in this Agreement; or (ii) arising out of or related to any claims, actions, awards, liabilities, or damages for any injury to person or personal property arising out of Owner's visits (including invitees and guests) to the premises and/or residence. For purposes of any indemnification provisions in this Agreement, the term "Builder" shall include its respective officers, directors, employees, agents, sureties, subcontractors, suppliers and servants. 

Governing Law and Assignment   

This contract will be applied according to the law of Florida. This contract shall not be assigned without written consent of all parties. 

Force Majeur 

party shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, unavailability of materials, government orders or any other force majeure event. 

Severability

The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect. 

This contract shall become effective on the day it is signed by both parties. 

OWNER ACKNOWLEDGES RECEIPT OF THE FLORIDA CONSTRUCTION LIEN LAW WARNING ATTACHED AS EXHIBIT A. 

Exhibit A Florida Construction Lien Law Warning 

FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS 713.001- 713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR 

PROVIDE MATERIALS AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUBSUBCONTRACTORS, OR MATERIAL SUPPLIERS OR NEGLECTS TO MAKE OTHER LEGALLY REQUIRED PAYMENTS, THE PEOPLE WHO ARE OWED 

MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX AND IT IS RECOMMENDED THAT WHENEVER A  SPECIFIC PROBLEM ARISES, YOU CONSULT AN ATTORNEY. 

CONSTRUCTION INDUSTRIES RECOVERY FUND 

PAYMENT MAY BE AVAILABLE FROM THE CONSTRUCTION INDUSTRIES RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A STATE-LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS: 

FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD 1940 N. Monroe St., Tallahassee, FL 32399-1039 (850) 487-1395