Floor 2 Ceiling Home Services

3901 Sweetgum Ct.
Flower Mound, TX 75028
(972) 415-1160

Agreement:

PROJECT ESTIMATION FOR COMPLETION

We estimate approximately the amount of days to complete the projects as listed in your scope of work; however any change orders and/or unusual weather might delay or otherwise affect the completion date. Work is performed between the hours of 8 a.m. and 5 p.m., Monday through Friday unless mutually agreed upon between contractor and home owner for other days/times.

CUSTOMER ACCESSIBILITY

To maintain the integrity of both home owner and contractor’s schedule, the home owner must be accessible to contractor or project lead at all times, either in person, or by phone or email, throughout the duration of the project to approve any changes or unforeseen circumstances. This is to ensure progress of work remains unhindered.

CHANGE ORDERS & FINISH SCHEDULE

A Change Order is any change to the original plans and/or specifications; a written order signed by the Owner and the Contractor, and issued after execution of the contract, authorizing a change in the work or adjustment in the contract sum or contact time. The contract sum and time can only be modified by a change order. No verbal agreements will be recognized. All change orders need to be agreed upon in writing, including cost, additional time considerations, approximate dates when the work will begin and be completed, a description of the location where the work will be done and signed by both parties.

The cost of each change order will be authorized immediately with signatures if owner is present; if owner is not present, owner will authorized by email to office (no verbal authorization are recognized) and payment is due on Friday of the current week following the authorization of both parties. Additional time needed to complete change orders shall be taken into consideration in the project completion date.

The Owner without invalidation the contract may order changes in the work within the general scope of the original contract consisting of additions or other revisions and the contract sum and contract time shall be adjusted accordingly. Such changes in the work shall be authorized by a change order, and shall be performed under applicable conditions of the contract documents.

If the Owner requests the Contractor to submit a proposal for a change in the work and then elects not to proceed with the change, a change order will issued to reimburse the Contractor for a minimum of $50.00 due to any costs incurred for design service, bid preparation or proposed revisions to the contract documents, with the addition of change in time.

The Contractor shall be compensated for changes in the work necessitated by the enactment or revisions or codes, laws or regulations subsequent to the submission of the Contractor’s proposal.

Once Contractor (F2CHS) had deemed project final and complete, owner must submit in writing final punch list items (excluding shower glass installation if applicable) within 24 hours (unless completion ends on Friday, then final punch list is due following Monday by 9 a.m.).

SUPERVISION WORK

F2CHS is solely responsible for securing all labor, materials, sub-contractor work and other related items included in contract, and for scheduling, construction techniques and procedures, and the coordination of all trades and sequences here-under.

Owner, owner’s agents, or any other parties are prohibited from directing, or attempting to direct in any way, the progress of the work. They are also prohibited from securing labor, materials, subcontractors or other item’s that substitute or supplant those included herein unless, specifically authorized in writing by F2CHS. Any questions, problems, or request for changes of work will be directed solely to the F2CHS project supervisor or principals.

Owner shall be solely responsible to pay any and all subcontractors for work performed at owner’s direction without the written authority of F2CHS and owner shall indemnify, defend and hold F2CHS harmless from loss or liability which results from claims of any sub-contractors or their arising from the performance of such work.

In addition, owner will be solely responsible for all costs resulting from the delay or interference on the part of the owner, owner’s agents, or owner-solicited sub-contractors working on this job. All resulting corrective work, including labor, materials, sub contract or any other costs and constructions liens resulting from that work will be the sole responsibility of the owner at the rate of cost plus 40 percent.

The Contractor shall supervise and direct the work, using the Contractor’s best skills and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordination all portions of the work under the contract.

All work shall be in accordance to the provisions of the plans and specifications. All systems shall be in good working order. The Owner shall communicate with subcontractors only through the Contractor.

Owner understands and agrees not to effect any side arrangements or separate contracts with any of the employees, vendor, or sub-contractors performing work on the job, except as provided by F2CHS pursuant to the terms of this contract. Any such agreements must be approved by F2CHS prior to such agreement or contract, in writing, and the owner may not hold F2CHS responsible for the quality of workmanship and materials utilized by these persons. The owner will also be responsible for any delay caused by the use of outside contractors or other persons.

If owner enters into such side agreement, without the express written agreement of F2CHS, then owner agrees to pay F2CHS 20 percent of the cost of such work, prior to the job moving forward from the start date of that work.

CUSTOMER INVOLEMENT ON JOB

Owner understands and agrees that all communications concerning the job status, job changes, pricing, or any other job issues outlined in the contract will only be between the owner and F2CHS (project supervisor or principals). F2CHS will not be held liable for any discussions or agreements made between owner and any other parties including F2CHS hired subs or specialty contractors, F2CHS suppliers or other F2CHS employees. F2CHS will not be responsible for any bills, charges, debt, invoices or other encumbrances incurred in, on or for this job by anyone other than F2CHS or its immediate authorized supervisor.

RELATIONSHIPS OF BOTH PARTIES

The Contractor accepts the relationship of trust and confidence established by this agreement and covenants with the Owner to cooperate with the Owner and utilize the Contractors best skill, efforts and judgment in furthering the interests of the Owner; to furnish efficient business administration and supervision; to make best efforts to furnish at expeditious and economical manner consistent with the interests of the Owner.

The Owner agrees to exercise best efforts to enable the Contractor to perform the work in the best way and most expeditious manner by furnishing and approving in a timely way any materials purchased by owner and information required by the contractor along with making payments to the Contractor in accordance with the requirements of the Contract Documents. If Owner purchases own materials for use in scope of work, all materials must be selected, purchased and on the job site location at initial start date of project agreed upon between owner and contractor.

If job progress is detained/delayed due to materials purchased by owner and not available on job site as agreed and hinder progress of project schedule, owner will be charged an additional fee of $400 per day until materials are available on site.

SAFTEY

The Owner agrees to keep all children and adults from work area and /or areas during hours of renovation. Renovation areas can be dangerous and pose a potential safety hazard due to exposed wires, removed floor covering and sub floors, exposed wall studs that have protrusion from wires and nails, open containers, tools/equipment, etc.

PETS ON THE JOB

Owner understands and agrees that any and all animals that may inflict injury on F2CHS staff or subcontractors or specialty contractors will be kept out of all work area and all storage area for the duration of the job. Owner will make arrangements to remove & secure all pets and plants form the renovation areas (please have your pets secured in other areas; e.g. room with doors closed, pet crates, etc.)

Owner will provide access to all work and storage areas from 7:30 a.m. to 5:30 p.m., Monday through Friday, for the duration of the job. If at any time access to work or storage areas is not available to F2CHS crew, subs or specialty contractors due to the presence of and potential harm form the owners’ pet(s), owner agrees to reimburse F2CHS or sub s or specialty contractors for expenses incurred for travel and lost time at the rate of $55 per man hour lost and $.50 per mile per vehicle.

Owner understand and agrees that F2CHS employees and F2CHS subs and specialty contractors will not be responsible for any pet(s) leaving the home due to doors, windows, gates or other openings in the home being left open due to work in progress.

UNKNOWN CONDITIONS

If conditions are encountered at the site which include but are not limited to the following; then a change order may be necessary to complete work as defined in scope of works.

(1) Discovery of any hidden/concealed defects or damage not reflected upon initial appointment estimate viewing and in the scope of work, Floor 2 Ceiling Home Services reserves this scope will be recognized and paid for unless agreed to in writing between the home owner and the contractor before the work is complete or changes are made. Any item not on the scope of work performed separately will be subject to a price increase.

(2) Unknown physical conditions of an unusual or unacceptable nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the construction documents. Integrity of existing materials may be unknown and may be cause for change order or additional work to complete scope of work.

(3) If adverse weather conditions are the basis for additional time, such claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions has an adverse effect on the scheduled construction.

WARRANTY

Floor 2 Ceiling Home Services (Company) warrants all labor in its contract work with homeowner to be free from defects in workmanship for a period of one (1) year. The warranty begins on the date of job completion. The warranty is for the original homeowner and is valid for one-year period.

This warranty is for contract work performed by Floor 2 Ceiling Home Services or its subcontractors expressly for owner on the scope of work detailed in this contract. This Warranty does not apply to any appliances or materials purchased by owner and installed by Floor 2 Ceiling Home Services.

Warranty process: the owner should promptly notify contractor in writing in detail of the specific item or items which are believed to be covered by this Warranty. Contractor will respond to such warranty request within five business days of receipt of same. Any emergency requests will be given priority attention. Contractor shall exercise reasonable judgment for the item or items requiring attention covered by this Warranty and will promptly proceed to repair or replace the defective materials or workmanship, at its sole cost and expense; except to the extent it finds that such repairs are necessary by the negligence, abuse or *expansive soil conditions (*article on expansive soil condition upon request).

This Warranty does not apply to any materials which were originally installed by contractor, but which were subsequently repaired, adjusted, or modified by an individual or entity other than Contractor or its authorized representative.

Replacements and/or repairs furnished under this Warranty shall not carry a new warranty, but shall carry only the unexpired portion of the original Warranty provided.

The warranties described above are the sole and exclusive warranties granted by Floor 2 Ceiling Home Services and shall be the sole and exclusive remedy available to the owner. Correction of defects, in the manner and for the periods of the described herein, shall constitute complete fulfillment of all liabilities and responsibilities of Floor 2 Ceiling Home Services to the owner, and shall constitute full satisfaction of all claims, whether based on contract, negligence, and strict liability or otherwise.

Neither the sales personnel of Floor 2 Ceiling Home Services nor any other person is authorized to make any warranties other than those described above or to extend the duration of any warranties beyond the time period described above.

Floor 2 Ceiling Home Services is not liable by virtue of this warranty or otherwise for damage to any person or property whatsoever for any special, indirect, secondary or consequential damage of any nature however arising out of the use or inability to use because of the construction defect.

Floor 2 Ceiling Home Services is not liable for repair conditions caused by chemical or sedimentary build up, misuse or abuse, failure to clean or maintain as specified by the equipment manufacturer, ,missing parts, structural changes, fire, freezing, electrical failure or surge, water damage, lightning, mud, earthquake, soil movement (expansion & contraction), soil sediment, storms, accidents, pest damage, or acts of nature.

I, owner, agree the above specifications, conditions and job material selections are satisfactory and are hereby accepted. Contractor is authorized to purchase materials and proceed with this job as specified in this proposal. F2CHS shall furnish all labor and materials to do the work described in this agreement unless otherwise specified in the above scope of work and owner agrees to pay F2CHS according to payments terms.

By execution of this document, I agree to have read and fully understand all statements and implications of this document. I agree to explicitly abide by and follow the above conditions as listed in this agreement.

IN WITNESS WHEREOF, the parties have executed this agreement through their duly authorized signatories as of the date set forth above. I hereby authorize and agree to the above scope of work to be performed and its terms.

NOTICES

ATTENTION: CONTRACTOR will do only that work which is written in the above specifications for the above agreed amount. The terms and conditions as stated are part of this Contract.

Company Name- Floor 2 Ceiling Home Services