Terms and Conditions
- PERMITS: The Contractor shall obtain and pay for all permits required by the State, County, City or District of Columbia. The Owner(s) shall furnish necessary surveys and/or premise location plate and shall assume responsibility for property markers.
- INSURANCE: The Contractor shall maintain insurance required under Workmen’s Compensation Law as well as public liability insurance. The Owner(s) shall maintain full fire insurance for the protection and extended coverage to cover both the owner and Contractor. Contractor shall maintain general liability insurance in the amount of $50,000.00 or such greater amount as may be required by law. Except to the extent covered by the foregoing insurance, the Owner shall bear the risk of loss associated with the work under this Contract until final payment.
- JOB DESCRIPTION & CHANGE ORDERS: The work under this contract shall be performed in strict accordance with the Job Description. Any work requested by the Owner(s) and not specified in the Job Description shall be completed only upon written agreement between the Owner(s) and the Contractor. The Owner(s) and Contractor shall agree in writing on the amount of the additional charge. The Contractor assumes no responsibility or obligation for work performed that was agreed to by and between parties other than the Contractor and Owner(s).
- SUB-SURFACE CONDITIONS: Any cost developing from abnormal sub-surface conditions resulting in added materials and/or labor shall be the Owner(s) responsibility unless a sub-surface exploration has been specified by the Contractor which shall be included and considered part of the Job Description.
- MATCHING MATERIALS: The Contractor shall make every effort to match existing materials, textures, colors and shape; however an exact duplication cannot be guaranteed.
- SURPLUS MATERIAL: All surplus materials delivered to the job site will remain the property of the Contractor.
- ACCESS TO WORK: The Owner(s) shall grant free access to the work area for workmen and vehicles and shall allow area for storage of material, as well as an area for trash container if needed.
- SUSPENSION OF WORK: The Contractor may suspend work without breaking this agreement, should the Owner(s) default in agreed payments. If the work is suspended by Contractor due to Owner non-payment and Contractor does not terminate the Contract, the Contract price shall be equitably adjusted to compensate the Contractor for such suspension.
- WORK STOPPAGE: Should the work be stopped by any public authority for a period of thirty (30) days or more, through no fault of the Contractor, or should work be stopped through an act of negligence of the Owner(s) for a period of ten (10) days, then the Contractor may terminate this Agreement and recover from the Owner(s) payment for all materials purchased, work performed and any loss sustained, including reasonable profit.
- PAYMENTS: Unless the contract price requires a cash payment when signed, all payments are due in full upon receipt of Contractor’s invoice. Contractor accepts most major credit cards. Payments made by cash, money order, bank check or check drawn on a commercial checking will be discounted by 3%. If payments due under this agreement are not paid in full within thirty (30) days of the date such payments are due, Contractor reserves the right to pursue all appropriate remedies, including stopping work with two(2) days prior written notice. If at any time an invoice remains unpaid for a period in excess of thirty (30) days, a late charge of one and one half percent (1 1/2 %) per month from the date of original invoice, provided, however, that if such interest rate is in excess of the maximum rate permitted by law, then the interest rate will be the maximum rate permitted by law, will be charged on past due accounts.
Timely payment of amounts due under this agreement is a condition of this agreement. Failure to make payments in full within the time limits stated above will be considered substantial non-compliance with the terms of this agreement and will be cause for termination of this agreement if Contractor so chooses.
In the event a lien or suit is filed by Contractor to collect any amounts owed under this agreement, Owner(s) agrees to reimburse Contractor reasonable attorney’s fees, plus all costs and other expenses incurred by Contractor in connection with such lien or suit.
- WARRANTY: All work and materials are covered by this contract, including Change Orders issued under this contract, are warrantied for one year following substantial completion, and excluding any manufactured items not covered by the manufacturer’s guarantee. See GAF or Firestone manufacturing guarantee for specifics. All roofing service work guaranteed thirty (30) days from completion.
- SCOPE OF CONTRACT: This contract and Job Description, when accepted by both parties shall constitute the entire agreement between the Contractor and the Owner(s), and no oral, verbal or implied agreement or understanding shall cancel or vary the items as written. A signed copy of the Contract will be provided to the Owner(s) before work begins.
- HOMEOWNER/CLIENT ADVISORY: Most roofing, siding and exterior renovation jobs may involve major demolition of materials and minor disturbances may occur. Contractor will NOT be responsible for any interior damages and advises the client to remove all wall hangings, light glass fixtures and other fragile items prior to start of work. Any items in attic should be covered, by the Owner(s), for protection from falling debris and dust. Contractor shall not be responsible including without limitation for interior drywall cracks, nail pops or any damage to any items on the interior or the exterior of the home or work site including damage to shrubbery, outside plants, landscaping, yard décor or furniture, decking sprinkler systems, or driveways during the process of the work. We will make every effort to protect these items with tarps, plywood or other materials we deem appropriate in our discretion, but we cannot guarantee that these items will not be damaged even if covered. Upon completion of the work, the property will be swept with a metal magnet and all debris associated with the work will be removed. Prior to starting the roof replacement we highly recommend cutting the grass to allow the magnet to get nails removed. If the grass is high we cannot guarantee that all of the nails will be extracted by the magnet. Contractor will NOT re-install any roof mounted antennas or satellite dishes unless otherwise agreed to between Contractor and Owner(s) and Contractor will not be responsible including without limitation for proper alignment or reception of same. These items should not be installed in the roof. These will have to be installed by others.
- SKYLIGHTS: On all roof projects, Blair Construction strongly suggests that skylights be replaced at the same time as any roof installation. Blair Construction assumes no responsibility/liability for pre-existing skylights not replaced at the time of roof installation.
- Under no circumstances shall Contractor be liable for incidental, consequential and/or related injuries or damages, whether to the interior or exterior of the subject premises, and no such damages are included in Contractor’s warranty. Customer further acknowledges and agrees that Blair Construction is not responsible for damages or leaks due to pre-existing conditions and pre-existing sources of leakage that may present themselves only after Contractor has begun work on the premises. Interior trim or drywall damage is beyond our control during skylight replacement. Any additional work will be invoiced at $85.00/per man hour plus materials. BLAIR CONSTRUCTION SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR INJURIES INLCUDING WITHOUT LIMITATION ALLEGED DAMAGE TO THE PREMISES, OR ANY COMPONENTS OR CONTENTS THEREOF, MOLD, MILDEW, LOSS OF USE, RENTAL INCOME OR PERSONAL PROPERTY. FOR SERVICE WORK THERE IS ONLY A THIRTY (30) DAY WARRANTY.
- LEGAL DISCLOSURES: IN THE STATE OF MARYLAND, EVERY HOME IMPROVEMENT CONTRACT MUST CONTAIN A NOTICE THAT GIVES THE TELEPHONE NUMBER OF THE MARYLAND HOME IMPROEMENT COMMISSION (“MHIC”). THE CORRECT ADRESS FOR THE MHIC IS 500 NORTH CALVERT STREET, BALTIMORE, MARYLAND 21202. THE TELEPHONE NUMBERS ARE (410) 230-6309 AND (888) 218-5925. THE MHIC’S WEBPAGE IS WWW.DLLR.STATE.MD.US/LICENSE/MHIC/. IN THE STATE OF MARYLAND, EACH CONTRACTOR AND SUBCONTRACTOR MUST HOLD A CURRENT MHIC LICENSE AND ANYONE CAN ASK MHIC ABOUT A CONTRACTOR OR SUBCONTRACTOR. CONTRACTOR’S MHIC NUMBER IS 69102. James Blair-DLLR #69102, Ronald Savage-DLLR # 83308, Charles W. Smith-DLLR #108516.
FORMAL MEDIATION OF DISPUTES BETWEEN HOMEOWNERS AND CONTRACTORS IS AVAILABLE THROUGH THE MHIC. THE MHIC ADMINISTERS THE GUARANTY FUND, WHICH MAY COMPENSATE HOMEOWNERS FOR CERTAIN ACTUAL LOSSES CAUSED BY ACTS OR OMISSIONS OF LICENSED CONTRACTORS. BUYER MAY REQUEST THAT CONTRACTOR PURCHASE A PERMFORMANCE BOND FOR ADDITIONAL PROTECTION AGAINST LOSSES NOT COVERED BY THE GUARANTY FUND.