"Carolina Breeze HVAC"
Your comments are attempts to justify an utterly bogus
contract. You are doing this by saying correctly that the
contractor needs protection...while ignoring the obvous fact
the contractor has deprived his customer of the customers
legitimate rights.
Not impressive.
Phil Scott
wrote in message
...
"Ken" wrote in message
...
"Edwin Pawlowski" wrote
Most of the clauses are
standard language stuff from the Commercial Code.
Eds right BTW, but playing Devils Advocate in this
post....read on..
Tell me you're kidding. There is nothing standard about
the parts below.
" 3. SHOULD DEFAULT BE MADE IN PAYMENT OF THIS AGREEMENT
FOR MORE THAN
FIFTEEN DAYS, A LATE CHARGE EQUAL TO FIVE PERCENT"
5% isnt high. There are contracts here that allow up to 25%
of the total to be added.
Your contractor isnt a bank, therefore, he wants his money
too.
This next one, would be worthwhile to forward to the State
Attorney General.
They think they're clever by putting the "not as a
penalty", where as it is
a penalty, and not allowed in any state.
Its allowed here...sorry.
Therefore, where do you get off saying its not allowed in
any state? If I go buy $100,000 of parts and supplies on a
contract that was signed by you, and you break the contract
cause the weather changed, then damn right you are gonna pay
something.
"11. IF THIS AGREEMENT IS CANCELLED BY THE CUSTOMER,
CUSTOMER SHALL PAY TO
THE COMPANY TWENTY-FIVE PERCENT (25) OF THE TOTAL AGREEMENT
AMOUNT AS
LIQUIDATED DAMAGES, NOT AS A PENALTY, AND THE COMPANY
AGREES TO ACCEPT SUCH
AS A REASONABLE AND JUST COMPENSATION FOR SAID
CANCELLATION."
So..if the contractor goes out and buys materials that he
will be charged at least 25% restocking fees on should you
cancel, or worse yet, be unable to return, you just
potentially screwed the hell out of him.
Simply outrageous, put in to leave the owner holding the
bag.
"15. DURING THE DURATION OF THE WORK, THE CUSTOMER'S
HOMEOWNERS INSURANCE
WILL BE RESPONSIBLE FOR ANY INTERIOR DAMAGE AS LONG AS THE
COMPANY HAS TAKEN
APPROPRIATE ACTION TO PROTECT THE ROOF DURING THE REPAIR OF
THE ROOF."
Nope. Thats called what your homeowners insurance is for. If
the roofs already missing off your home, and the contractor
starts work on it, and you get another storm, you are going
to hold the contractor liable for anything that happens
after he starts work?
Wrong.
The way I read it is simple:
So long as his company took action to keep rain from
entering, be it tarps, more plywood laid over etc....and you
get another storm, and you get a leak that takes out your
new $2000 widescreen, hes not gonna pay for it.
Nor should he.
The customer is supposed to point out wood rot? That's an
obligation by the
construction crew, to notify the consumer of problems.
Nail pops can show
up after the new roof, because the nails weren't driven
properly. This
clause is a go-ahead to rip off the consumer.
"17. THE COMPANY IS NOT RESPONSIBLE FOR PRE-EXISTING
CONSTRUCTION
DEFICIENCIES THAT MANIFEST THEMSELVES DURING THE
CONSTRUCTION PROCESS, I.E.
NAIL POPS, WOODROT, DECKING DEFLECTION, ETC. IF A
CONSTRUCTION PROBLEM IS
POINTED OUT PRIOR TO CONSTRUCTION AND COMPANY IS NOTIFIED
IN WRITING,
COMPANY WILL TRY TO ASSIST CUSTOMER TO CORRECT THE
PROBLEM(S) ON A TIME AND
MATERIAL BASIS."
Here, that would be called a hidden damage clause. Meaning,
that if during the course of the work, any hidden damage is
found that was not quoted for repair due to it not being
able to be seen, then the contractor stops and allows the
customer to make up his mind as to what and how to proceed,
after of course, IF needed requoting.
This pretty much states no implied warranty what-so-ever.
In other words,
the consumer is SOL, and they do less than desirable
workmanship.
"19. COMPANY ACCEPTS NO LIABILITY TO INDEMNIFY OR HOLD
CUSTOMER HARMLESS FOR
DAMAGES TO PERSONS OR PROPERTY, EXCEPT THOSE THAT ARE THE
DIRECT RESULT OF
COMPANY'S NEGLIGENT ERROR OR OMISSION WHICH OCCUR DURING
PERFORMANCE OF THE
COMPANY'S WORK. COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR
DAMAGES TO
PERSONS OR PROPERTY RESULTING FROM MOLD GROWTH WITHIN ANY
PART OF THE
BUILDING ENVELOPE DUE TO MOISTURE ENTERING THE BUILDING
ENVELOPE PRIOR TO
COMPANY'S COMPLETION OF INSTALLATION OF THE ROOF
SYSTEMS/MEMBRANE, SIDING,
WINDOW AND GUTTER SYSTEMS OR AS THE RESULT OF DAMAGE TO OR
PENETRATION OF
THE INSTALLED ROOF SYSTEMS/MEMBRANE, SIDING, WINDOW AND
GUTTER SYSTEMS BY
OTHERS. CUSTOMER UNDERSTANDS AND AGREES THAT COMPANY SHALL
HAVE NO
RESPONSIBILITY AT ANY TIME AFTER COMPLETION OF THE WORK FOR
DAMAGES OF ANY
KIND TO PERSONS OR PROP
ERTY LOCATED BELOW THE INSTALLED ROOF SYSTEMS/MEMBRANE,
SIDING, WINDOW AND
GUTTER SYSTEMS, WHETHER OR NOT SUCH DAMAGES RESULT FROM (A)
LEAKS OR
WEATHER-ORIENTED SOURCES OR (B) MOLD GROWTH."
Thats a lawyers way of inserting a mold protection clause.
Mold is the new asbestoes of the new era, and you will find
something like that on most every contractors forms, unless
hes wanting to find that one person who would go sue for
millions over something that was in his house before, and he
just didnt have the circumstances prevaliant for it to
manifest itself.
What's the potential damage which can occur above
agreement.....priceless.
"20. THE COMPANY'S MONETARY DAMAGE LIABILITY FOR ANY CLAIM
OF PROPERTY
DAMAGE
ARISING OUT OF THE COMPANY'S PERFORMANCE OR NON-PERFORMANCE
OF THIS
AGREEMENTSHALL NOT EXCEED THE TOTAL AGREEMENT AMOUNT."
And you checked to see if he had insurance right? What that
clause is stating as I read it, as a contractor, that if you
sue, and you already sound like one that would, HIS outlay
of liability isnt going to be more than the amount you
agreed to.
His INSURANCE company on the other hand, isnt listed, and
THATS what insurance is for.
Now, on a more serious note.
Its obvious you dont trust the company, and in general, we
dont trust anyone. The reason why is sue happy people.
Business isnt like it used to be. I still have customers I
can take care of with a handshake and never have to worry
about.
Then, you get the new one that you just dont have a good
feeling about, and after years of doing this, there has been
more than one time I have told them that I just didnt think
we could satisfy them, and that we declined the work...only
to find out later that another company did the work and they
have had nothing but problems since it was done.
If you dont trust the contractor that has given the quote,
just walk away and dont sign anything.
By the same token, you may find a contractor that after
talking to you, states that he cant do your work, or prices
it out of your ballpark. It goes both ways.
That said, suggest you look around, find someone that has a
reputation and ability that you trust, and then look his
contract over. Many of the clauses in the contract will
never apply to you, however, witihout them, that ONE person
that is looking for a reason to try to get rich quick will
find a way to manipulate it to his advantage.
Contracts used to be simple...you wanted work done, the
contractor wanted to do the work and make a living.
Now, due to litigation, most of it bull, since these days
everyones sue happy, even when the works done perfect,
contractors have HAD to take steps to protect themsleves.
Seriously tho...find another one you can live with, and
allow them to do the work. Express your concerns to the
owner, or the job super, and make sure its done your way,
but at the same time, make sure you allow them to do it
their way too. Over all, it will work out for you and
them...you want a roof fixed, and they want to fix it and
make a profit doing so..its how business works. If you would
see the insurance agreements in most grocery stores for
example, you would never set foot in one again....yet,
millions do, and few ever get hurt..except for the 1% of the
legitimate injury cases that actually hit the courts..
Chances are, you could use that company and never have a
problem...but bottom line, you dont trust them, find
another, but keep in mind, they dont trust you either.
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