Ohana Construction Inc.

2144 Kauhana Street

Honolulu,HI 96816

(808) 219-0539

info@ohanaconstruction.com

www.ohanaconstruction.com

LIC: BC-30779

  Contingency Agreement  

Contingent upon the insurance company approving the claim and paying for the damage as specified in the insurance scope of loss. The undersigned Homeowner(s) agrees to appoint Ohana Construction, Inc. — Hawaii LIC: BC-30779 — as their General Contractor; (1) to perform the mitigation and remediation of damage to the property at loss, and (2) manage and execute all work for the insurance proceeds, plus the deductible and any supplemental proceeds, per the final insurance scope of loss.

This Agreement shall be automatically terminated should your insurance company deny your claim. The undersigned Homeowner(s) agrees to allow Ohana Construction, Inc. to manage all aspects of the insurance process, to the legal extent of a general contractor, from start to completion. The undersigned Homeowner(s) agrees to allow Ohana Construction, Inc., to be present at the property of loss during the adjustment process, and to communicate with the insurance company throughout the entirety of the claim.

Ohana Construction, Inc., agrees that the out-of-pocket expense to the Homeowner(s) will not exceed the insurance policy deductible, unless upgrades are added at the Homeowner’s request or directive — upgrades, being any labor and or materials that are not included/outlined in the insurance scope of loss — Ohana Construction, Inc., further agrees that it will not install upgrades or perform additional work without obtaining the Homeowner’s prior written consent and approval.

Homeowner(s):
Date:

By signature above, Homeowner(s) certifies receipt of an executed copy of this Contract and has read and agreed to the terms and conditions on the all pages of this Agreement.

  Claim Approved – Scope of Work  

Professional Install:

                                        
                                        
                                        
                                        

Manufacturer

Style

Year/Rating

Color

Contract Amount : $

INSURANCE PROCEEDS

Upgrade Amount : $

 

Total Amount :$

 

All checks are to be made payable to Ohana Construction Inc. Payments made to any parties other than Ohana Construction Inc. will not be considered payment toward balance unless under third party representation. An approximate start and completion date will be scheduled at the time the Homeowner pays the initial deposit from the insurance proceeds plus the deductible. Completion date may be delayed due to weather, strike, or other circumstances beyond the Contractor’s (Ohana Construction Inc.) control.

Contractor Signature: ________________________

Date:_____________

Additional work description: ___________________________________________________________________________________________________________

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____________________________________________________________________________________________________________________________________

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Ohana Construction Inc. 2144

Kauhana Street Honolulu, HI

96816

(808) 219-0539

info@ohanaconstruction.com

www.ohanaconstruction.com

LIC: BC-30779

 Terms & Conditions 

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.

  1. The above-noted Homeowner(s) verify ownership in the property subject to the claim, and that they have full authority to enter into this Agreement.

  2. The above-noted Homeowner(s) authorize Ohana Construction, Inc., Hawaii LIC: BC-30779, hereinafter referred to as Ohana Construction, to serve as the General Contractor to perform any and all work and provide associated services for the duration of the homeowners insurance claim. To this end, the parties expressly agree that Ohana Construction shall: (1) diligently work with the homeowner’sinsurance company to approve and mediate your claim; (2) be entitled to be present at the subject property during the inspection by the insurance company adjuster; (3) manage, supervise, and/or perform all work as specified by the attached proposal and authorized by the final scope of loss, as provided by the insurance company. NOTE: In performing work under this Agreement, Ohana Construction, as the General Contractor, reserves the right to hire or engage sub-contractors to assist in the performance of the work at itssole cost and discretion; and, (4) is entitled to an overhead and profit charge no less than a combined 20% total of all work performed.

  3. If the Homeowner(s)’ insurance company approves the claim, the contingency clause in the first paragraph of the preceding page is satisfied and the contingency is removed from this Agreement.

  4. All materials provided by Ohana Construction are covered by the manufacturer’s warranty only. Ohana Construction makes no warranties, express, or implied, including merchantability or fitness for a particular purpose as to any materials provided. This Agreement is subject to cancellation due to strike, accident, or delay beyond the control of Ohana Construction The above-noted Homeowner(s) agree to carry fire, hurricane, flood and other necessary insurance during the duration of this job.

  5. The above-noted Homeowner(s) will be liable to Ohana Construction for any upgrades, additional work, or any work that is not expressly authorized for payment by the Homeowner(s)’ insurance company and set forth in the scope of loss. In such an event, Ohana Construction will notify the Homeowner(s) of the additional cost and will not install the upgrades or perform the additional work without obtaining the Homeowner(s)’ prior written approval.

  6. While Ohana Construction, will in every case strive to obtain the Homeowner(s)’ top choices of products, it reserves the right to substitute product brands and colors due to issues of unavailability to the supplier. In such cases, Ohana Construction will make reasonable efforts to substitute materials ofsimilar or better quality and to closely resemble the original color selection.

  7. Ohana Construction has the right to order excess materials. These materials will not be charged above the agreed upon price for the job as set forth in the scope of loss. All unused excess materials are the property of Ohana Construction

  8. Payment: Prior to the start of construction, the above-noted Homeowner(s) agree to pay Ohana Construction 100% of the Actual Cash Value, or complete value of the first check, as set forth in the originalscope of loss, from the insurance proceeds paid out, in addition to any and all deductibles required by the insurance company. The balance is due within three (3) days of the Depreciation and or Supplement check(s) being cleared. The total job cost is the full amount of the final scope of loss, as authorized by the insurance company, plus, any upgrades, and any overhead and profit due. In addition to the total job cost, the Homeowner(s) agree to pay Ohana Construction any and all deductibles required by the insurance company. The Homeowner(s) agree the final payment shall not be delayed while waiting for an inspection to be performed by the county, state, or other entity. The Homeowner(s) agree to do everything within their power, within reason, to assist in the collection of the insurance proceeds from the insurance company.

  9. Supplement(s) authorized and paid by the insurance company for additional labor and materialsrequired beyond the original scope of loss shall represent the final scope of loss and shall be payable in full to Ohana Construction, as specified in paragraph 8 of this Agreement. The Homeowner(s) herein authorize Ohana Construction to invoice the insurance company directly for any supplemental payments approved by the insurance company as part of the final scope of loss, but not paid out to the Homeowner(s).

  10. Cancellation: The Homeowner(s) may cancel this Agreement within three (3) business days of the signing date by sending a written, certified letter, to Ohana Construction, 2144 Kauhana Street Honolulu, Hi. 96816. The Agreement shall become binding on all parties after the three (3) day cancellation period has passed.

  11. Default: Should the Homeowner(s) default on paying the initial payment of the total job cost, as specified in paragraph 8 of this Agreement, after the 3-day cancellation period, but, prior to the start of construction, Homeowner(s) agree to pay Ohana Construction, twenty per cent (20%) of the total job cost as liquidated damages. Should the Homeowner(s) default on paying the balance of the total job cost, as specified in paragraph 8 of this Agreement, within three (3) days of job completion, Ohana Construction reserves the right to pursue its lien rights against the Homeowner(s) as set forth in Hawaii Revised Statutes § 507-41 et seq., and described more fully below in paragraph 14 of this Agreement. In the event of a default, the Homeowner(s) agree to pay reasonable attorney’s fees, costs of collection, court costs, and interest.

  12. Controlling Law: This Agreement and any disputes regarding its interpretation or implementation shall be governed by Hawaii law

  13. Job Satisfaction and Resolution of Disputes: It is the priority of Ohana Construction that the Homeowner(s) be fully satisfied. To this end, Ohana Construction agrees to meet or exceed all county or state inspection requirements. Should the Homeowner(s) have any issues with the quality of service or workmanship provided by Ohana Construction and/or its sub-contractors, the Homeowner(s) agree to bring any such issues to Ohana Construction's immediate attention. In addition, the Homeowner(s) agree to be bound by Hawaii’s Contractor Repair Act, Hawaii Revised Statutes § 672E et seq., in the resolution of any disputes regarding workmanship. The Contractor Repair Act requires that the property owner provide the Contractor with written notice of any alleged construction defects and an opportunity to resolve them through repairs and/or monetary compensation prior, as well as making a good faith effort to resolve the dispute through mediation, prior to initiating a lawsuit

  14. Disclosure of Lien Rights: Under Hawaii’s Mechanics and Materialman’s Lien Law, Hawaii Revised Statutes § 507-41 et seq., any person who furnisheslabor (including the General Contractor and sub-contractors) or materials (material supplier) for the improvement of a property and who is not paid in full for work and/ or materials provided, may file a lien against your property. Ohana Construction herein reservesthe right to exercise its full rights under Hawaii’s Mechanics and Materialman’s Lien Law in the event it is not fully paid within 3 days of the job completion as set forth in paragraph 8 of this Agreement. Upon receipt of the final payment in full by the Homeowner(s) as set forth in paragraph 8 of this Agreement, Ohana Construction agrees to pay all sub-contractors and material providers in full and to sign a waiver of lien rights and prospective claims against the Homeowner(s).

  15. Ohana Construction shall make all reasonable efforts to protect the Homeowner(s)’ property from further damage. However, Ohana Construction shall not be liable for damages to the following (if applicable): (1) driveways, parking lots, or walkways; (2) lawns, shrubs, florals, or other vegetation; (3) damage beneath the roof due to leaks; (4) damage to the ceiling due to vibration and movement of men, equipment or material on the roof; (5) breakage to light bulbs and light fixtures (all light fixtures should be securely tightened); (6) damage to existing skylights due to age or existing poor condition; (7) hazardous material abatement; (8) removal and re-installation of satellite dishes,solar heating panels, or photo voltaic panels; and, (9) cleaning inside of attic spaces. Ohana will consider exceptions on a case by case basis.

  16. This Agreement contains the full agreement between the parties. Any representations or statements, made verbally or in writing, not included in this Agreement are deemed immaterial and expressly not included. Any modifications to this Agreement must be in writing and signed by both parties.

  17. Should any provisions of this Agreement be held invalid or unenforceable, the validity and enforceability of the other provisions shall not be affected

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