CONTRACTOR ESTIMATE APPROVAL AGREEMENT
THIS AGREEMENT by and between CLASSEN ELECTRICAL CONTRACTING LLC., hereinafter called the Contractor and hereinafter the person receiving and approving the estimate called the Owner.
Witnessed, that the Contractor and Owner for considerations named agree as follows:
Article 1 Scope of the work
The Contractor shall furnish all materials and perform all work as shown on the DRAWINGS and/or described in the Specifications entitled EXHIBIT A as annexed hereto as it pertains to work to be performed on property.
Article 2 Time of Completion
The work to be performed under this Contract shall commence on an agreed upon date and completed in a timely manner agreed upon by both parties involved.
Article 3 The Contract Price
The Owner shall pay the Contractor for the material and labor to be performed under this Contract, subject to additions and deductions pursuant to work change orders, unless required by City/State to bring to code. These additions are non-negotiable. Owner is also responsible for Permit cost if required and said cost will be added after permit approval by the city.
Article 4 Progress Payments
Payments of the Contract Price shall be paid as follows:
1/3 of Contract price at start of work, 1/3 of Contract Price at completion of Roughing work. Balance of finial Contract Price (including all Work Change Orders) upon passing Finial Electrical Inspection. If Owner refuses to submit to a Finial Electrical Inspection for any reason, Balance is due at Time of Completion as specified in Article 2.
Article 5 General Provisions
1) All work shall be completed in a workmanship like manner an in compliance with all building and electrical codes.
2) To the extent required by law, all work shall be performed by individuals duly licensed & authorized to perform said work.
3) Contractor may at his discretion engage subcontractors to perform work hereunder, provided Contractor shall fully pay said subcontractor and in all instances remain responsible for proper completion of this Contract.
4) All Work Change Orders shall be in writing and signed by both Owner and Contractor.
5) Contractor warrants it is adequately insured for injury to its employees and others incurring loss or injury as a result of acts of Contractor or its employees or subcontractors.
6) Contractors agrees to leave premises in broom clean condition.
7) In the event that Owner shall fail to pay any periodic payment due hereunder, Contractor may cease work without breach pending payment or resolution of any dispute.
8) All disputes hereunder shall be resolved by binding arbitration in accordance with the rules of the America Arbitration Association.
9) Contractor shall not be liable for any delay due to circumstances beyond its control including strikes, casualty or general unavailability of materials.
10) Contractor warrants all work for a period of 1 year. Manufactures warranties apply to all material. Any & All defects in materials are the responsibility of the manufacturer. Expenses incurred due to defective materials are not the responsibility of the Contractor. The Contractor shall furnish labor to repair, replace and diagnose all material defects at the Contractors own expense during the workmanship warranties period. No other warranties or liabilities are expressed or implied.
11) Estimated prices and labor are based on currently available information. The Contractor is not contractually responsible for deviations from estimates.
12) Owner agrees to accept finial drawings and/or prints provided by Owner or General Contractor as accurate and reliable. Any deviation from drawings and/or prints shall constitute a Work Change Order. Any change in materials by Owner shall constitute a Work Change Order.
13) Delays by Owner or other contractors herewith that prevent Contractor from completing the terms of this Contract by the completion date as stated above plus 30 days shall at the Contractors discretion, require payment by Owner of all work and materials including Work Change Orders up to point of caseation.
14) In the event that any amount of the invoice or payment requisition submitted to the Owner by the Contractor remains unpaid for more than 30 days, interest of 1.5% per month shall accrue on the unpaid balance up to the date that the unpaid balance is paid to the Contractor. In the event payment is not made when due, the amount may be turned over to an attorney for collection. All attorney’s fees, collection and court costs will be paid by the Owner.
15) The Contractor shall not be liable for accident, injury, breakage, loss damage to property, vehicles or vegetation connected therewith, unless such loss or damage is caused solely by negligent acts of the Contractor. The Contractor shall not be liable in any event for consequential damages.
16) Owner must immediately (within 24 hours) notify Contractor of any problems with service or product. If the Contractor is not notified within 24 hours of discovery of any such problems, Owner shall be responsible for any additional damages. Contractor shall have the right to repair any damage of defect with the Work prior to the Owner repairing said defect personally. In the event that the Owner attempts to repair without providing Contractor reasonable time to perform said repairs, Contractor shall be absolved from any responsibilities, and Owner shall be deemed to have waived it rights to damages due to said defect.
17) This Contract constitutes the entire and integrated agreement between the Owner and Contractor and supersedes all prior negotiations, representations and/or agreements either written or oral.