Included here are three sample contracts for: Design and Construction (Click here to return to commissioning work)
May 26, 1999 Design and Construction Contract As per drawings: Fine furniture grade natural white maple, solid and ply faces and tops w/ clear hand rubbed finish All enclosed interiors black melamine All Drawers 9 ply maple w/ black melamine bottoms on full extension Accuride glides All door and drawer fronts grain matched MDF core ply w/ veneer edges All door hardware euro style Blum Inserta All handles DMC-DP7 16’ lower case w/ doors and drawers and finished top, Desk area w/ small drawer. 4’ 7" maple entertainment center left of fireplace w/ pocket doors, 6 drawers, 2 shelves black melamine interior in TV case 1 speaker shelf ( right corner above desk for right speaker ) Site visit, Working drawings, Delivery, Installation Project price as drawn: $15,500.00 Terms: 50% down ( $7750.00 )35% at 3/4 progress ( $5425.00)*15% on completion ( $2325) * 15% ($2325.00 ) on separate Installation contract, due on completion. Down payment due to start construction ($7750.00 - $500.00 paid =) $7250.00 ____________________________ Stephen Casey 8/14/1999 ____________________ ___/___/ 1999 customer signature agrees to terms and conditions above.
CASEY DESIGN
Casey Design BUILT-IN INSTALLATION PROPOSAL/ CONTRACT " State law requires anyone who contracts to do construction work to be licensed by the Contractors State License board in the license category in which the contractor is going to be working - if the total price of the job is $500 or more ( including labor and materials) . " Licensed contractors are regulated by laws designed to protect the public. If you contract with someone who does not have a license , the Contractors State License Board may be unable to assist you with your complaint. Your only remedy against an unlicensed contractor may be in civil court, and you may be liable for damages arising out of any injuries to the contractor or his or her employees. " You may contact the Contractors State License Board to find out if this contractor has a valid license. The Board has complete information on the history of licensed contractors, including any possible suspensions, judgments, and citations. The board has offices throughout California. Please check the government pages of the White pages for the office near you or call 1-800-321- CSLB for more information. NOTICE TO OWNER " Under the California Mechanics’ Lien Law, any contractor, subcontractor, laborer, supplier, or other person or entity who helps to improve your property, but is not paid for his or her work or supplies, has a right to place a lien on your home, land or property where the work was performed and to sue you in court to obtain payment. This means that after a court hearing, your home and property, could be sold by a court officer and the proceeds of the sale used to satisfy what you owe. This can happen even if you paid your contractor in full and the contractor’s subcontractors, laborers, or suppliers remain unpaid.
To preserve their rights to file a claim or lien against your property, certain claimants such as subcontractors or material suppliers are each required to provide you with a document called a " Preliminary Notice ." Contractors and laborers who contract with owners directly do not have to provide such notice since you are aware of their existence as an owner. A preliminary notice is not a lien against your property. Its purpose is to notify you of persons or entities that may have a right to file a lien against your property if they are not paid. In order to perfect their lien rights, a contractor, subcontractor, supplier, or laborer must file a mechanics’ lien with the county recorder which than becomes a recorded lien against your property. Generally, the maximum time allowed for filing a mechanics" lien against your property is 90 days after substantial completion of your project. TO INSURE EXTRA PROTECTION FOR YOURSELF AND YOUR PROPERTY, (1) Require that your contractor supply you with a payment and performance bond ( not a license bond ), which provides that the bonding company will either complete the project or pay damages up to the amount of the bond. This payment and performance bond as well as a copy of the construction contract should be filed with the county recorder for your further protection. The payment and performance bond will usually cost from 1 to 5 percent of the contract amount depending on the contractors bonding ability. If a contractor cannot obtain such bonding, it may indicate his or her financial incapacity. (2) Require that payments be made directly to subcontractors and material suppliers through joint control. Funding services may be available, for a fee, in your area which will establish voucher or other means of payment to your contractor. These services may also provide you with lien waivers and other forms of protection. Any joint control agreement should include the addendum approved by the registrar. (3) Issue joint checks for payment, made out to both your contractor and subcontractors or material suppliers involved in the project. The joint checks should be made payable to the persons or entities which send preliminary notices to you. Those persons or entities have indicated that they may have lien rights on your property, therefore you need to protect yourself. This will help to insure that all persons due payment are actually paid. (4) Upon making payment on any completed phase f the project, and before making any further payments, require your contractor to provide you with an unconditional "Waiver and Release " form signed by each material supplier, subcontractor, and laborer involved in that portion of the work for which payment was made. The statutory lien releases are set forth in exact language in section 3262 of the Civil Code. Most stationary stores will sell " Waiver and Release " forms if your contractor does not have them. The material sup[pliers, subcontractors, and laborers that you obtain releases from are those persons or entities who have filed preliminary notices with you. If you are not certain of the material suppliers, subcontractors, and laborers working on your project, you may obtain a list from your contractor. On projects involving improvements to a single-family residence or a duplex owned by the individuals, the persons signing these releases lose the right to file a mechanics’ lien claim against your property. In other types of construction, this protection may still be important, but may not be as complete. To protect yourself under this option, you must be certain that all material suppliers, subcontractors, and laborers have signed the " Waiver and Release " form. If a mechanics’ lien has been filed against your property, it can only be voluntarily released by a recorded " Release of Mechanics’ Lien signed by the person or entity that filed the mechanics’ lien against your property unless the lawsuit to enforce the lien was not timely filed. You should not make any final payments until any and all such liens are removed. You should consult an attorney if a lien is filed against your property." (Rev. 4/99)
EXTRAS & CHANGES Contracting is per drawing and notes. Any changes or additions may affect cost. Changes to be billed at $85.00 per man hour plus materials. All change orders must be in writing AND SIGNED BY BOTH CUSTOMER AND CASEY DESIGN.
INSTALLATION Installation is for contracted work only. Under no circumstances will Casey Design be responsible for the removal of existing furniture or the installation of any customer component not included in the actual work contracted. Customer will provide installation space ready and clear for installation of contracted work. Casey Design will under a separate agreement remove customer furniture if customer is unable to do so at the extra hourly rate.
DESCRIPTION OF CONTRACTED WORK INSTALL BUILT-IN CUSTOM ENTERTAINMENT CENTER , DESK, CHEST OF DRAWERS W/TOP, SPEAKER SHELF, IN MASTER BEDROOM OF CUSTOMERS RESIDENCE. COST OF CONTRACTED WORK IS 15 % OF TOTAL PROJECT PRICE.. THE SUM OF $2325.00 IS DUE ON COMPLETION OF INSTALLATION. "ARBITRATION OF DISPUTES "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL P ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSES TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING TIN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED THE " ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE BUSINESS AND PROFESSIONS CODE OR OTHER APPLICABLE LAWS. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
" WE HAVE READ AND UNDERSTAND THE FORGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. "
____________________ CUSTOMER INITIAL ACCEPTANCE YOU ARE HEREBY AUTHORIZED TO FURNISH ALL MATERIALS AND LABOR REQUIRED IN THE PRECEDING PROPOSAL, FOR WHICH PHIL AND /OR SHELLY LONDON AGREES TO PAY THE AMOUNT MENTIONED IN SAID PROPOSAL, AND ACCORDING TO THE TERMS THEREOF.
Accepted by: ____________________________________ Date: ____/ ____/ ____ YOU THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION.
CASEY DESIGN
May 26, 1999 John Doe
Custom Furniture Contract
Build in as per drawing and notes: Two maple night stands, details to match built in cabinetry. Fine furniture grade natural white maple, solid and ply faces and tops w/ clear hand rubbed finish All enclosed interiors black melamine All Drawers 9 ply maple w/ black melamine bottoms on full extension Accuride glides All drawer fronts grain matched MDF core ply w/ veneer edges All handles DMC-DP7 Project price ( 2@ $500.00 = ) $1000.00 CA sales tax @ $85.00 Total project price: $1085.00 Terms: 50% down ( $500.00 ) 50% on completion ($ 585.00)
_________________________ Steve Casey 8/14/99 ______________________ ___/___/ 1999 customer signature agrees to terms and conditions above Please make check payable to Steve Casey Furniture
STEVE CASEY FURNITURE
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