Cost Guaranty. By signing this agreement, you are only responsible for paying the following:
The amount agreed to on the estimate/scope and noted on this agreement.
Change Orders; and written change orders agreed to by you.
All Change Orders paid at final completion.
All work will be performed in accordance with the material grades specified in the scope of work agreed upon or material of a “like kind and quality” to the original materials. If the client requires any changes to the agreed upon scope of work,
they will be handled through written change orders. If during the course of construction, other items in need of replacement are discovered that were not addressed in the initial estimate, the damage/work will be brought to your attention to
determine if you want to proceed with those additional repairs. Examples include but are not limited to, wood rot and termite damage. Any additional work will be handled by written change orders, if the work results in any additional cost to
Terminology;the term “you”, “your”, “client”, and/or “owner” shall all mean the person with legal and financial responsibility for the subject property and/or authorized agent with the authority to sign this contract. The terms “Ohana
Construction Inc.”, “contractor”, “our”, “us”, and “we” shall mean Ohana Construction Inc. and/or its authorized agents, contractors, and employees. The term “subcontractor” shall mean any of the subcontractors retained by and paid for by
Ohana Construction Inc. The term “others” shall refer to another entity outside of Ohana Construction Inc. control, such as architects, engineers, other contractors who are retained by the client, and/or you if you are doing some of the work
yourself. Substantial completion is defined as the day when the work is essentially complete, with the exception of some of the minor items and/or repairs to completed work. At substantial completion, the client will be given the opportunity to
identify any deficiencies in our work. Final completion is defined as the day when the remaining items and/or repairs identified at substantial completion are completed.
Standard of Care; All work performed by Ohana Construction Inc. will meet requirements defined by the Residential Construction Performance Guidelines of the National Association of Home Builders – 3rd Edition and the 2006 IBC Code.
Clean up shall consist of reasonable efforts to leave the jobsite clean at the end of the project. Ohana Construction Inc. does not engage in Architectural or Engineering design services unless specifically included in the contract. Any
Architectural or Engineering design services in Ohana Construction Inc. contract are actually provided by other companies.
Termination of Contract; After signing this agreement, the Owner has three (3) business days to cancel the contract without any penalties and or consequences. After the right to rescind expires, either the Owner or Ohana Construction Inc. may
still terminate this agreement at any time for any reason. However, the parties to this agreement shall be responsible for the following:
If this agreement is terminated by the Owner, the Owner shall be financially responsible for all work performed (including partially complete work) based on the following milestones (percentages are additive). Consulting Phase: Signed
agreement, preparation of Ohana Construction Inc. scope of work and/or a substantial agreed scope of work – 5% of total bid/estimate. Scheduling of work – 10% of total bid/estimate. Any line item of physical work that has been started shall be
completed by Ohana Construction Inc. If the Owner terminates this agreement while physical work is ongoing, Owner shall be responsible for all costs related to that line item, plus General Contractor markup. In addition, the Owner shall be
responsible for all other reasonable fees and expenses incurred prior to termination of the agreement, including permit fees, deposits paid by Ohana Construction Inc. to suppliers and subcontractors, subcontractor fees and expenses, etc. to the
extent they are not already included in the line items for work that have been completed. All fees and expenses incurred prior to termination of this agreement shall be paid by the Owner within 30 days of the invoice date.
If the agreement is terminated by Ohana Construction Inc. the Owner shall be responsible for the line item costs (including related incidentals) for any construction/reapir-phase work already completed. The Owner shall not be responsible for
any of Ohana Construction Inc. consulting fees or other expenses for construction/repair-phase work that has not been performed.
Payment ; Owner shall be responsible for payment to Ohana Construction Inc. of 50% of the total project prior to commencing work. Any deposits and interim payments shall be due on or before the day the indicated construction
commencement is reached and noted on the agreement and/or via verbal and/or written scheduling. If work goes on hold for more than 10 days, Ohana Construction Inc. will prepare an interim invoice for any completed line items of work. If
Owner places project on hold for more than 30 days, Ohana Construction Inc. will invoice for all partially completed work based on the percent complete. The final payment (all remaining funds due) shall be paid no more than 30 days of the
final completion. Failure to pay as indicated above shall be considered untimely payment. If the Owner provides Ohana Construction Inc. with a check that is denied for insufficient funds, the Owner is responsible for any fees and expenses that
Ohana Construction Inc. incurs due to the presentment of the check. Ohana Construction Inc. does not accept credit cards.
Collection ; If the Owner fails to pay Ohana Construction Inc. in a timely manner (as defined above), or fails to pay for additional work agreed to by the Owner within 30 days of invoice, the Owner shall be liable to Ohana Construction Inc. for
reasonable collection costs, including attorney’s fees, plus interest assessed at 12% per annum. Should Owner default on any payment, Ohana Construction Inc. reserves the right to place a lien on the property until all unpaid funds are paid in
Missed Appointments; Many items of work require access for Ohana Construction Inc. agents, employees, and/or subcontractors to access secured areas of the clients’ property (interior, locked back yards, etc.) If you agree to provide access for
our agents, employees, and/or subcontractors to do the work, but you are unable to provide the required access you must provide notice by 4pm on the day before our arrival, except in a legitimate emergency. (If there is an emergency, please
provide as much notice as possible.) If you fail to provide access to our subcontractors without the required notice, you will be responsible for any call-back fees that Ohana Construction Inc. is charged by our subcontractors. If you fail to
provide access without the required notice more than five (5) times, Ohana Construction Inc. reserves the right to cancel the contract and bill you for all completed and partially completed work.
Reduction of Materials; Ohana Construction Inc. will provide the level of material quality specified in the scope. Coverage typically provides payment of the new material of like kind and quality, not an exact match. Some dimensions, color,
and/or styles may change slightly between what was commonly available when the item to be repaired and/or replaced was originally constructed, and what is commonly available today. Quality of materials shall be builder grade, unless
otherwise noted in this contract.
Warranty; Material warranties on work installed by Ohana Construction Inc. are offered directly by the material manufacturers, and are subject to their terms and limitations. Nothing in this document is intended to change or modify the material
manufacturer’s warranties. Ohana Construction Inc. does not offer or extend material warranties beyond the manufacturer warranties.
Except where otherwise indicated in writing, Ohana Construction Inc. offers a subcontractor warranty of seven (7) years from substantial completion.
Ohana Construction Inc. warranty shall only be responsible for defective installation of the work. In no case shall Ohana Construction Inc. be responsible for factors beyond our control, such as failure due to fire, sever weather
(including by not limited to hail, tornado, hurricane, storms, etc.), abuse by anyone other than Ohana Construction Inc. or its subcontractors, or any other circumstance beyond our control (whether listed herein or not).
Ohana Construction Inc. warranty does not cover normal wear and tear. Examples of normal wear and tear include weathering, checking (cracking of exposed wood members due to natural drying), and movement of distress to
our work due to soil wetting and/or drying, cyclic wind loading, etc.
Ohana Construction Inc. warranty shall cover repair or replacement (at our option) of damaged or defective components covered by the warranty. Ohana Construction Inc. shall not be liable for consequential damages.
If client goes in default of payment of the amount due on their account by more than 60 days, all warranties shall be considered void. (Client will be provided at least two written notices prior to voiding the warranty.)
If a warranty service call becomes necessary, Ohana Construction Inc. will pay for it. If it is discovered that the issue was not related to a deficiency in Ohana Construction Inc. work, the client will be responsible for costs related
to the service call.
Completion of Work / Rework; As Ohana Construction Inc. completes their work the client shall certify completion. The client may not unreasonably refuse to certify substantial completion or final completion when those milestones are
achieved. If repair or warranty work are required Ohana Construction Inc. reserves the first (1st) and second (2nd) right to correction with ample time for correction. If the client contracts for repairs without offering reasonable opportunities for
Ohana Construction Inc. to correct the work Ohana Construction Inc. shall not be financially responsible for the repairs.
Ohana Construction Inc. maintains insurance to protect you if through Ohana Construction Inc. negligent work we damage your property
However, in no case shall Ohana Construction Inc. be responsible for damage to the property that occurs during the normal course of Ohana Construction Inc. work when Ohana Construction Inc. performs their work using
reasonable care. Such damage may occur due to preexisting damage and/or defect related to design, manufacturing, construction, and/or lack of required maintenance. Examples of such potential damage include damage caused
by nails penetrating the roof deck as required by the Building Code, minor denting and scratching of gutters due to accessing the roof, oil droplets in the driveway, scuffs, scratches, and cracks in concrete, trim, or stucco, and
damage to weak and/or deteriorated finishes outside our scope of repair. Examples of excluded damage include falling dust or debris, damaged wallboard, and nail pops cause by re-roofing. (This is only intended to exclude
responsibility for damage that occurs when Ohana Construction Inc. is using reasonable care in performing its work; Ohana Construction Inc. would remain responsible if it did not exercise reasonable care in performing its
If is agreed we will not be responsible for the negligent or improperly constructed work of others, such as your original building contractor, prior repair people, or any others doing work that is not in our contract.
All excess materials remain property of Ohana Construction Inc.
Owner is responsible for Homeowner Association approval of roofing products and colors.
Replacement of deteriorated materials not discovered until construction starts shall be addressed on a time and material basis. To the extent possible, Ohana Construction Inc. will inform the Owner of any hidden damage, and
provide a repair cost through a written change order.
Precedence of Representation; All terms, conditions, and/or representations made in writing shall govern over any verbal representations. The final, agreed upon, scope of work shall supersede any previous representations of the scope of work
for the base contract. Any construction change orders shall supersede the final agreed upon scope of work. If there are any conflicts between documents, the executed document that was created last shall govern.
Savings Clause ; If any one or more sections, clauses, sentences or parts of this document shall for any reason be questioned in any court and be adjudged invalid, such judgement shall not affect, impair, or invalidate the remaining provisions of
the section, but shall be confirmed in its operations to the specific provisions so held invalid, and inapplicability or invalidity of any such section, clause, provision or part shall not be taken to affect or prejudice in any way the remaining part or
parts of this agreement.