Attention Homeowner’s/DIY-er:
We appreciate your willingness to take on the project without a general contractor, though please be aware you may run into some issues if you choose to contract the job on your own.
Content/furniture needs to be removed from the work site prior to the start date/time unless otherwise discussed during the estimate process. We do not want to be responsible for damaging your personal items or belongings.
Walls should be clear of any debris, particularly with demolition work. Additional charges may occur if demo work is not completed correctly.
Be sure plumbing, heating, electrical, and air-conditioning lines are protected with metal cover plates prior to drywall being installed. If a drywall screw pierces through any of these without cover plates, we are not responsible for damages.
We will remove lights and/or ceiling fixtures but do not replace them unless discussed during the estimate process.
Drywall needs to be installed on a square, flat surface to be done correctly. Please make sure all framing and/or furring is completed before the start date/time. If framing or furring is not on the written estimate, it is not included in our scope of work.
Additional charges may occur if the project site is not ready on the start date, the project is interrupted or rescheduled.
Agreement
This agreement (Agreement) is between (Client) and Home Drywall & Painting, LLC (Suppliers), whose principal place of business is 2817 Anthony Lane South, Suite 201, Minneapolis, MN 55418. This Agreement represents the only agreement between the parties concerning the subject matter hereof and supersedes all prior agreements, whether written or oral, relating thereto.
Whereas, the Supplier has entered into an Agreement with the Client to furnish all labor and materials to construct and complete a project according to the Supplier’s estimate, signed by the Client.
Whereas the Client desires to have the Supplier perform this service.
Therefore, in consideration of mutual promises stated herein, the Client and Supplier (Parties) agree as follows:
Nature of Transaction: The Parties agree that this transaction is a commercial transaction constituting the sale of goods and is subject to and shall be governed by the provisions of Article Two of the Uniform Commercial Code as it has been adapted and amended by the State of Minnesota and the State of Colorado and modified by these terms and conditions:
Payment: Client agrees to pay invoices according to stated terms and conditions. Invoices not paid according to stated terms and conditions will be subject to a finance charge of 1.5% per month or 18% per year or the maximum rate allowed by law.
Cost of Collection: If Supplier commences action against Client arising out of, or in connection with this Agreement, Supplier shall be entitled to have and recover reasonable attorney’s fees, collection’s costs, and/or costs of suit.
Unconditional Guarantee: Client (jointly or separately) personally agrees to unconditionally guarantee payment. This guarantee shall be a continuing, absolute, and unconditional guarantee and shall remain in full force and effect until expressly revoked by written notice from the Supplier, sent by certified mail, return receipt required, and until of said indebtedness, liabilities, and obligations created before Client received such notice shall be fully paid. This guarantee extends to and includes any and all interest due or to become due together with any and all costs and expenses, including but not limited to, collection with agency fees, attorney fees, and court costs included by Supplier, in connection with any matter covered by this guarantee.
Modification and Waiver
Client may request changes within the General Scope of Supply. If any such change will result in an increase or decrease in the cost or time required for the performance of any part of the work under this Agreement or shall affect Supplier’s ability to meet its Warranty obligations, there shall be an equitable adjustment to the Contract Price and/or the Time for Performance. Supplier shall not be obligated to proceed with the changed work until: (1) The value of such change and its effect on the Time of Performance or on Warranties has been agreed upon and (2) A Change Order has been signed by Client and Supplier.
No purported amendment, modification, or waiver of any provision hereof shall be binding unless set forth in a written document signed by all parties. Any waiver shall be limited to the circumstance or event specifically referenced in the written waiver document and shall not be deemed a waiver of any other term of this Agreement.
Default and Termination
Client may terminate this Agreement for any reason, at any time prior to midnight of the third business day following the ratification of this Agreement.
Termination must be done in writing.
Client may terminate this Agreement if Supplier is in default of any of its material obligations hereunder or if Supplier becomes insolvent.
Client shall notify the Supplier in writing of the nature of the default and of Client’s intention to terminate this Agreement for default. If Supplier fails: (1) To commence and diligently to pursue cure of such default within ten (10) days from receipt of such notification, or (2) To provide reasonable evidence that such default does not in fact exist, Client may terminate Supplier’s right to proceed with the work. In such event, Client shall pay Supplier for any materials delivered and any services performed up to the date of termination.
If the work is delayed for a period of thirty (30) days or more under an order of an authority having jurisdiction, or an act or omission of Client, or Client’s agents, or for any cause not the fault of Supplier, or Supplier’s employees and/or subcontractors, or because Client has not made payments as provided herein, the Supplier may upon ten (10) day written notice to Client, terminate this Agreement. In addition, Supplier may recover from Client payment for any and all costs incurred, and losses sustained by Supplier (including reasonable overhead and profit) by reason of any such termination.
Applicable Law
Minnesota: This Agreement shall be governed by laws of the State of Minnesota. If any dispute, breach, controversy, or claim arises out of or related to this Contract Agreement, termination, or validity thereof, each party agrees to bring suit or initiate other dispute proceedings only in the County of Hennepin in the State of Minnesota. Each party consents to jurisdiction and venue in the County of Hennepin in the State of Minnesota and that valid service of process may be affected by certified mail at the last known address of its principal office/residence, or by other means authorized under Minnesota Statutes. Any claim or dispute in connection with this Agreement must be commenced within thirty (30) days after the discovery of the problem and/or defect.
Colorado: This Agreement shall be governed by the Laws of the State of Colorado. If any dispute, breach, controversy, or claim arises out of or related to this Contract Agreement, termination, or validity thereof, each party agrees to bring suit or initiate other dispute proceedings only in the County of Denver in the State of Colorado. Each party consents to jurisdiction and venue in the County of Denver in the State of Colorado and that valid service of process may be affected by certified mail at the last known address of its principal office/residence, or by other means authorized under Colorado Statutes. Any claim or dispute in connection with this Agreement must be commenced within thirty (30) days after the discovery of the problem and/or defect.
Serviceability
If any provision hereof is held to be unenforceable by the final order of any court of competent jurisdiction, the remaining provisions shall nonetheless be enforceable in accordance with their terms. In the event that any provision is held to be overbroad as written, such provision shall be deemed to narrow its application to the extent necessary to make the provision enforceable according to applicable Laws and shall be enforced as amended.
Scope of Supply
The Supplier shall furnish all labor and materials to construct and complete the project according to the Supplier’s contract. All materials are guaranteed to be as specified and all work is to be completed in a workmanlike manner according to standard practices.
Contract Price
The Client agrees to pay the Supplier for the strict performance of the work according to the contract. Subject to additions and deductions for change in work, as may be agreed upon, and to make payment in accordance with the payment schedule and terms.
Payment Schedule and Terms
The contract price shall be paid to the Supplier according to the following schedule. By sending your first payment, you are acknowledging the terms laid out in this contract.
Terms
Projects under $2000.00
Total payment due prior to scheduling project start date
Projects $2000.01 – $4999.99
Down payment of 50% due prior to scheduling project start date
Remaining balance is due at project completion
Projects $5000.00 & up
Down payment of 50% due prior to scheduling project start date
Additional payment of 25% due at project’s half completement
Remaining balance is due at project completion
Late payments shall be subject to a penalty fee of 1.5% per month from the due date until the amount is paid. Credit card payments have a 4% processing fee.
Stop payments will incur a fee from the financial institution and an administrative fee. Client will be responsible for these fees. If you feel you need to place a stop payment, please contact our administrative office, where the check may be able to be held or contact your project manager to resolve any issue that may arise.
Mechanic’s Lien
Minnesota: Minnesota Statute provides for parties that supply labor or materials for a construction project to claim a lien against the improved property in the event they are not paid for that labor or materials. Specifically: (A) any person or company supplying labor or materials for the improvement to your property may file a lien against your property if that person or company is not paid for the contributions. (B) under Minnesota Law, you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price or withhold the amounts due for 120 days after completion of the improvement unless we give you a lien waiver signed by the persons who supplied any labor or material for the improvement and who gave you timely notice.
Colorado: Colorado Statute provides for parties that supply labor or materials for a construction project to claim a lien against the improved property in the event they are not paid for that labor or materials. Specifically: (A) any person or company supplying labor or materials for the improvement to your property may file a lien against your property if that person or company is not paid for the contributions. (B) under Colorado Law, you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price or withhold the amounts due for 120 days after completion of the improvement unless we give you a lien waiver signed by the persons who supplied any labor or material for the improvement and who gave you timely notice.
Independent Contractor and Subcontractor
Supplier shall perform the work as an independent contractor. Supplier may at its discretion engage subcontractors to perform services under this Agreement, but Supplier shall remain responsible for proper completion of this Agreement. As an independent contractor, the Supplier retains the right to perform services for others during the term of this Agreement and has the sole right to control the means, manner, and method by which the work shall be performed. Client is prohibited from directly hiring Supplier’s employees and or subcontractors for a period of one year from completion of the project.
Client shall not assign any duties, rights, or obligations hereunder without the prior written consent of the Supplier, for which consent shall not be unreasonably withheld.
Supplier shall have the right to assign any part of the work to any subsidiary or affiliated company, and the Client agrees to execute any documents reasonably required to effect the transfer to such company of all rights and obligations associated with such portion of work.
Permits and Approvals
Client shall be responsible for obtaining and paying for required permits.
Additionally, customers shall not hire outside contractors for the project or related damages before proper, good-faith negotiations with Home Drywall & Painting.
Home Drywall & Painting will not be held responsible for costs or damages incurred by an outside contractor. No credits will be issued for leftover materials on job site.
Insurance
Supplier agrees to maintain adequate business liability insurance for injury to its employees and others incurring loss or injury as a result of the acts of Supplier, its employees, or subcontractors.
Indemnities
Supplier hereby agrees to indemnify and hold harmless Client from any physical damage to property of third parties or injury to persons, including death, to the extent resulting directly from the negligence of Supplier or its agents, while engaged in activities under this Agreement. Client shall likewise indemnify and hold harmless Supplier from any physical damage to property of third parties or injury to persons, including death to the extent resulting directly from the negligence of Client or its agents, while engaged in activities under this Agreement. In the event such damage or injury is caused by the joint or concurrent negligence of Supplier and Client, the loss shall be borne by each party in proportion to its negligence.
Limitation of Liability
Supplier’s liability on all claims of any kind, and that of its subcontractors and suppliers, shall in no case exceed the Contract Price and shall terminate upon the earlier of the termination of this Agreement or the expiry of the Warranty Period, whether such claims are based on contract, guarantee, indemnity, warranty, tort, including negligence of Supplier or any subcontractor or supplier, strict liability or otherwise, and whether such claims are for any and all losses or damages arising out of, connected with, or resulting from this Agreement, or the performance or breach thereof, or for services or materials furnished pursuant to this Agreement.
In no event, whether as a result of a breach of contract, warranty, guarantee, tort, including negligence, strict liability or otherwise, shall Supplier or its subcontractors or suppliers be liable for indirect, incidental, consequential, or exemplary damages including, but not limited to: Loss of profits or revenue, loss of use, cost of capital, the cost to substitute equipment, facilities or services, downtime costs, and/or cost in excess of estimates.
Notices
All notices shall be considered as delivered 3 days after postmarked if dispatched by registered or certified mail when confirmed if sent via facsimile, when signed if delivered by hand, and when received in all other cases.
In witness thereof, the parties hereto have executed the document by their authorized representatives on the date first above written.
Performance
The work to be performed under this Agreement shall commence upon the signing of this Agreement and be substantially completed on or before the agreed date. This time of completion shall be extended to take account of changes, excusable delays, or other adjustments provided for in the Agreement. Substantial completion shall mean completion of all work with the exception of the final punch list items.
Excusable Delays
Due to the nature of custom construction and repair, unforeseen obstacles, damages, or scheduling issues can arise. Payment may not be reduced, and contract may not be breached under any circumstances and customers shall not hire outside contractors for the project or related damages until proper good-faith negotiations have been made with Home Drywall & Painting
Supplier shall not be liable for delays in performance due to causes beyond its reasonable control, including but not limited to: (1) Acts of God, acts of Client or agent(s) of Client, prerequisite work by others who are not subcontractors to Supplier, acts of civil or military authority, failure to obtain required permits or approvals, delays in transportation, fires, strikes, floods, inclement weather, epidemics, war, riots, or civil disturbances. (2) Acts of third parties having the effect of delaying performance of the work hereunder. (3) Inability to obtain or delay in obtaining, due to causes beyond its reasonable control, suitable labor, material, or equipment required for the work. In the event of any such delay, the Time for Performance shall be extended by a period equal to the time lost by reason of such delay. Settlement of strikes, lockouts, and industrial disturbances shall be entirely within the discretion of the Supplier.
Rescheduling or Cancelation Fee
Failure to meet this schedule by fault of the client not being present will result in a charge of $150.00/day plus any project delay penalties Supplier is charged.
If the job site is not properly prepared or not ready for the crew to begin work on the agreed starting date, there will be a $600 rescheduling fee. This also applies to any interruptions during the project’s active period. Please speak with your project manager about any issues that may arise during your projects such as plumbing, electrical, or any other items that may cause interruptions.
Home Drywall & Painting will not be held responsible for costs or damages incurred by an outside contractor.
No credits will be issued for leftover materials on the job site.
Drywall and Painting Specifications.
Home Drywall & Painting finishes the drywall at a Level 3 unless otherwise noted in the estimate. A level-three finish is defined as nothing showing on the walls in natural sunlight from a distance of four feet. Due to weather and moisture shrinkage, Home Drywall & Painting does not provide a warranty for any cracking or nail pops on the walls or ceilings that occur after the final walk-through.
Level 3 Finish
All joints and interior angles shall have tape embedded in the joint compound and shall be immediately wiped with a joint knife or trowel, leaving a thin coating of the joint compound over all joints and interior angles. One additional coat of joint compound shall be applied over all joints and interior angles. Fastener heads and accessories shall be covered with two separate coats of joint compound. All joint compounds shall be smooth and free of tool marks and ridges. The prepared surface shall be covered with a drywall primer prior to the application of the final decoration.
Please note, Level 3 finish requires using a flat paint. It is recommended that homeowners use a high-build Level 5 primer if using anything glossier than flat paint.
Homeowner is responsible for having an open area for the crew to work in without things in the way, and an adequate temperature and moisture control throughout the home before the painting, staining, priming, and/or enameling begins. It is imperative for quality control and ensures proper curing times for paints, stains, and enamel. Recommended home temperature should be 72 degrees or above.
Any furnace will be turned off before any paint spraying is done and will be turned on when the mist settles.
Home Drywall & Painting is not responsible for minor touch-ups after the priming has been done if the client has chosen to do the painting on their own. After sanding the drywall, it is possible to see imperfections in the walls after it has been painted.
Be aware that for projects on ceilings, paint overspray or wall paint peeling from masking tape can occur. Please speak with your project manager about the cost of repair during the estimate process.
Popcorn Ceiling Removal Projects:
Home Drywall & Painting will fix any visible damage on ceilings after the popcorn is removed from ceilings. We are not responsible or liable to fix cracks, blistering, or anything other imperfections that are pre-existing. If cracks return or a new one occurs after the project has been completed, Home Drywall & Painting cannot be held liable for the repair. Many cracks are caused by settling, flexing, and moisture. Hiring a structural engineer may help in diagnosing and preventing these issues.
Toxic fumes
During certain stages of construction to your home, we may need to use an oil-based, latex-based, alcohol-based, or lacquer-based product that has harmful fumes and is highly toxic without the proper respirator.
Before applying these products, you must be aware of the toxic fumes and understand Home Drywall & Painting is not responsible for any health issues these products cause. By signing below, you acknowledge understanding of the above risk.
Marketing
For Home Drywall & Painting’s marketing purposes, the client’s property address may be used to represent the location of services that have been provided across Minnesota and Colorado. No additional client information will be used for these marketing purposes. Should you opt to remove your address from Home Drywall & Painting’s use in marketing, please initial here ______.
