This contract on the face hereof and any agreement made pursuant thereto between the parties Ohana Construction Inc. and the Homeowner(s) (Customer) will be
subject to all appropriate laws, regulations and ordinances, and to the following terms and conditions.
The customer verifies ownership in the property with complete authority to enter into this contract.
Ohana Construction Inc. agrees to perform all work included in the proposal on the front side of this contract per the insurance scope of loss.
Ohana Construction Inc. is a General Contractor; all work is sub contracted and subjected to an overhead and profit charge of a combined 20% total.
All materials provided by Ohana Construction Inc. are covered by the manufacturer’s warranty only. Ohana Construction Inc. makes no warranties, express
or implied, including merchantability or fitness for a particular purpose, as to any material provided. This agreement is subject to cancellation due to strike,
accident, or delay beyond our control. Homeowner agrees to carry fire, tornado, and other necessary insurance on this property.
Customer will be liable to Ohana Construction Inc. for any upgrades, additional work and/or any work that is not approved for payment by the Customer’s
insurance company. In such event, Ohana Construction Inc. will notify Customer of the additional cost and Ohana Construction Inc. will not install upgrades
or perform additional work without the Customer’s prior approval.
Ohana Construction Inc. has the right to substitute product brands and colors due to issues of unavailability to the supplier. Ohana Construction Inc. will
make reasonable efforts to substitute materials of similar or better quality and to closely resemble the original color selection.
Ohana Construction Inc. has the right to order excess material. These materials will not be charged above the agreed upon price. All excess materials are the
property of Ohana Construction Inc.
Payment: Customer agrees to pay Ohana Construction 50% of the total job cost – from the insurance proceeds – prior to the start of work. The balance is
due within 3 days of work completion. The dollar amount of the contract is the amount approved on the Insurance Company’s final Scope of Loss plus any
upgrades and/or overhead & profit. Any/All deductible(s) are the responsibility of and will be paid by the Customer. The final payment in full shall not
be delayed while waiting for inspections performed by the city, state or other organizations. Ohana Construction Inc. agrees to meet or exceed all local
inspection requirements. Deposit to be made within 3 business days of receipt of initial insurance payment.
Supplement(s) paid by the Insurance Company for any additional labor and materials needed beyond the original scope of repairs shall be paid to Ohana
Construction Inc. Customer authorizes Ohana Construction Inc. to invoice the insurance company for additional repairs/supplements as necessary.
Default: Should the Homeowner default on the initial 50% payment after the 3-day cancellation period and before the start of work, Homeowner agrees to
pay Ohana Construction Inc. twenty percent (20%) of the total contract amount as liquidated damages. Homeowner agrees to pay reasonable attorney
fees, cost of collection, including court costs and interest.
Prime Contractor’s Notice of Lien Rights: As required by the construction lien law, Ohana Construction Inc. hereby notifies Owner that persons or
companies furnishing labor or materials for the construction on Owner’s property located at the job address listed on this contract may have lien rights on the
Owner’s land and building if not paid. Those entitled to lien rights, in addition to the undersigned Contractor, are those who contract directly with the Owner
or those who give the Owner notice within 60 days after they furnish labor or materials for the construction. Accordingly, Owner probably will receive
notices from those who furnish labor or material for the construction, and should give a copy of each notice received to the mortgage lender, if any.
Contractor agrees to cooperate with the Owner and Owner’s lender, if any, to see that all potential lien claimants are duly paid.
If the insurance company approves the claim, the contingency clause on the front side of this contract is considered complete and the contingency is removed
from this contract.
Ohana Construction Inc. will make all reasonable efforts to protect property from any further damages, however it will not be held liable for damages to
driveways, parking lots, walkways, lawns, shrubs or other floral or vegetation caused by Ohana Construction Inc. or third parties equipment, materials, work
force or debris
Ohana Construction Inc. is not responsible for any damage below the roof due to leaks by wind, ice dams, hail, pre-existing or future construction defects
caused by storms or lack of maintenance during the period of the warranty, or damage to driveway caused by equipment.
Should any provisions of this agreement be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions shall not be
Any representation, statements or other communications not written in this contract are agreed to be immaterial, and not relied on by either party, and do not
survive the execution of this contract.
This contract may be canceled within 3 business days of the date signed by mailing a certified letter to Ohana Construction Inc. 1188 Bishop St.
#1312, Honolulu, Hi. 96813. After completion of said 3 business days the contract is binding on all parties.