This type of contract is only used by companies who don't have faith in
their work. Kinda like the usless guy who puts on his boots everyday to lean
on a shovel. He thinks because he existed ther is deserves to get paid, and
isn't going to accept responsibility for his problems and damage. SOUNDS
LIKE THEY ARE COVERING THE ISSUES THEY HAVE GOTTEN IN TROUBLE FOR BEFOR.
"Carolina Breeze HVAC" 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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