PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUIDNG WAIVERS OF RIGHTS, LIMITATIONS OF LIABILITY AND DISPUTE RESOLUTION BY ARBITRATION.
GENERAL: These Terms and Conditions apply to all home maintenance, repair and improvement services provided by HomeSquare, LLC (“HomeSquare”, “CONTRACTOR”, “us” or “we”). These Terms and Conditions are expressly incorporated into any estimate or service proposal (“Estimate” or “Proposal”) provided to and accepted by you as a client of HomeSquare (“CLIENT” or “you”), and together form a complete and legally binding agreement (“Agreement”) between you CLIENT and HomeSquare for the services described therein (“Services”). It supersedes all prior conversations, statements and agreements, expressed or implied, between the parties, their agents or representatives. The rights and liabilities under this contract shall extend to the successors, executors, administrators and assigns, or such parties, as though they were in each case named herein. No changes to the terms and conditions are binding unless in agreed in writing by the parties.
This contract may be withdrawn by the CONTRACTOR unless signed by the CLIENT and received with the first payment, by the CONTRACTOR within 60 days of this agreement. The CLIENT may cancel this contract at any time prior to midnight of the third business day after the date of this agreement, without penalty.
This contract is incumbent upon the CLIENT’s verification that the proposed construction in no way violates any restrictive covenants and that the Client has legal power and authority to have the services performed on property and job site described in the Agreement (the “Job Location”), and that any violation shall be the CLIENT’s sole responsibility.
INDEMNIFICATION: The CLIENT shall indemnify and hold harmless the CONTRACTOR from all claims arising out of activities, facilities or equipment of the CLIENT, or other parties at the Job Location, provided that any such claim is not caused solely and directly by any negligent act or omission by the CONTRACTOR. CONTRACTOR EXPRESSLY DISCLAIMS LEGAL LIABILITY FOR ANY LEVEL OF REASONABLE CARE OTHER THAN THAT GENERALLY APPLICABLE IN OUR INDUSTRY. CONTRACTOR EXPRESSLY DISCLAIMS ANY LIABILITY FOR INDIRECT, “CONSEQUENTIAL”, PUNITIVE OR OTHER NON-CONTRACTUAL DAMAGES.
UNFORSEEN CONDITIONS: CONTRACTOR shall not be liable for any delay or failure of performance due to acts of war, public enemy, government, public bodies, inspectors, or any person engaged in subversive activity, riot or sabotage; due to Acts of God, including but not limited to weather, fire, flood, storm, explosion or other catastrophe, casualties, epidemic, pandemic or quarantine restrictions, due to strikes of other labor stoppages, slowdowns or disputes; or due to delays by suppliers of materials or services, inability to obtain transportation, or any other cause beyond the CONTRACTOR’s reasonable control. The time for completing the job shall be extended for a reasonable period to account for any such events or conditions. Any reasonable increase in the price for the job (including reasonable overhead and profit) caused by such event or conditions will be paid by the CLIENT to the CONTRACTOR. If, upon commencement of performance by the CONTRACTOR, it is found that roofing boards, cornices, sheathing or other surfaces generic in nature are in such a condition that they will not hold nailing or are otherwise found unsatisfactory for the installation of a new roof or construction item, the expense for labor and material incurred for placing property in condition to receive the new as herein contracted for will be charged to the CLIENT on a time and material basis. Whenever and wherever possible, notification shall be given to the CLIENT in advance, unless existing field conditions warrant otherwise, in which event notice will be given as soon as reasonably practicable thereafter.
HAZARDOUS MATERIALS: In the event the CONTRACTOR encounters at the Job Location any hazardous material such as, but not limited to, asbestos or lead-based paint about which the CONTRACTOR has not been notified in writing prior to entering the Agreement with the CLIENT, the CONTRACTOR shall immediately stop work and shall not be responsible for the testing, removal, disposal or rendering harmless of such material. The CLIENT agrees to hold the CONTRACTOR harmless as to any liability resulting from such material. If the CLIENT notifies the CONTRACTOR of the presence of hazardous materials at the Job Location, or if such materials are discovered during the CONTRACTOR’s work, the parties shall confer to determine an appropriate method for dealing with the problem and the costs for doing so. CLIENT shall be responsible for all such costs, including but not limited to any reasonable increase in price for the work contracted for the removal/abatement of such hazardous materials (including reasonable overhead and profit).
PERMITS: Except as otherwise may be provided in the specific terms of the Estimate or Proposal, the CONTRACTOR shall obtain and pay for permits, on an allowance basis, for the execution of the work. The CLIENT agrees to reimburse CONTRACTOR for all fees paid for permits and all time spent in securing permits and related documents or approvals in excess of stated allowances. The billing rate for work related to securing permits and related documents or approvals will be $100..00 per hour for one Project Manager and $125.00 per hour for one Designer/Consultant. This contract is subject to issuance of such permits and other required approvals by local building inspectors based on the contract. The CONTRACTOR assumes no work will be required, unless otherwise specified, due to existing code violations. Survey and/or variance, if required, will be provided and paid for by the CLIENT.
CLIENT AUTHORITY: By requesting and authorizing the Services, you represent and warrant that you are the owner of the property for which you have requested our Services, or otherwise have all requisite legal authority and capacity to request and authorize our Services in or for such property and, and that you have legal capacity to enter into this Agreement.
TIME AND MATERIAL: If “time and materials” work is specified in the Estimate or Proposal, approved in an addendum or otherwise authorized, labor will be charged at CONTRACTOR’S hourly rates. A HomeSquare Estimate is based on our good faith professional judgment and UNLESS SPECIFICALLY AGREED WITH YOU IN WRITING, AN ESTIMATE DOES NOT NECESSARILY REPRESENT A BINDING FIXED-FEE PRICE QUOTE FOR THE SERVICE. Unless otherwise expressly agreed with you in writing HomeSquare charges on a “time and materials” basis (i.e., the time it requires to complete the Service and the Company’s labor rates, plus charges for materials). Materials and sub-contractors (if required) in a time and materials service will be charged at the CONTRACTOR cost plus industry standard overhead & profit. Upon completion of the work, the costs will be compiled and billed to the CLIENT.
- In addition to time spent at the jobsite, standard travel charges of ½ hour per day per man for jobs in Fairfield County and 1 hour per day per man for jobs in Westchester County as well as time spent procuring materials will be included on the final invoice.
ALLOWANCES: An allowance is a specified sum of money allocated for a service or an item about which there is insufficient information to establish an accurate price. The specified sum is an educated guess and the actual cost will vary. Once an actual cost is established, CLIENT will be charged/credited any difference. Allowances as noted, are at the actual (CONTRACTOR) cost and are included in the contract price plus industry standard overhead & profit. With the exception of those pertaining to permits, any and all items or services which are included as part of a specified allowance or which constitute some part of the contracted scope of work are subject to the industry standard overhead & profit even if the CLIENT provides said items or services.
ACCESS: Unless otherwise agreed to in writing by the CONTRACTOR, all access rights necessary for performance of the work under this agreement shall be obtained by the CLIENT. The CONTRACTOR shall be given free and complete access to all areas necessary for the performance of the work. The CLIENT shall secure any necessary permission to work on or over adjoining property at no cost to the CONTRACTOR. The CLIENT shall furnish, at no cost to the CONTRACTOR, an appropriate space on the Job Location premises in which to store materials and equipment and to supply all necessary utilities and elevators.
SITE WORK / EXCAVATION: Unless otherwise specified, excavated dirt will be spread on-site. No seed, sod, shrub/tree removal/relocation or fine grading has been included in this contract unless otherwise specified. Excavation for footing/piers, if any, is limited in depth to the established local frost line. Situations in which filled ground or ground of inadequate bearing capacity, or rock or any other material not removable by ordinary hand tools are excluded from this agreement. Any additional work required to remedy any such situation will be billed over invoice on a time and materials basis.
STRUCTURAL WORK: The CONTRACTOR assumes the existing structure scheduled to remain is in good condition and will not require work except as noted. Unanticipated structural work/repairs, if required/specified, will be completed on a time and materials basis. The CONTRACTOR may retain a structural engineer if concealed or unusual conditions are found during construction. The CLIENT will be charged for the cost of the engineer and any additional work on a time and material basis.
CONCEALED CONDITIONS: If there are walls to be removed/altered, we assume them to be non-bearing, and that adjoining rooms are on the same plane. We assume the existing floors, walls, ceilings and roofs, to be level, plumb, and conceal no structural damage/problems, pipes, electrical feeder lines or ducts. Work, if required, for re-framing, re-routing, relocation or replacement of studs, joists, rafters, beams, posts, wires, vents, pipes, ducts, or conduits that may be encountered in the areas of alteration or excavation, has not been included and will be completed by separate agreement or addendum. Areas disturbed by construction will be patched to blend with the existing area as practical. If specified, repairs for any rotted or decayed materials are limited to visually apparent conditions. If concealed damage is found or required structural elements are absent, the CONTRACTOR will present an addendum for repair of additional damage or installation of required structural elements. CONTRACTOR is not liable for damage caused to adjacent ceilings, walls or floors as a result of demolition or construction activities.
ELECTRICAL: Any changes to upgrade the existing electric service and/or panel, to make adequate for additional wiring, has not been included in this contract, unless otherwise specified. Existing switches and duplex outlet devices, which are not scheduled for relocation/reworking, are to remain. New switches and devices are to be the standard stock white, unless otherwise specified. Recessed light locations are subject to joist location and/or existing conditions. Security, fire system, telephone, antenna, and cable wiring or relocation, as well as utility company charges, if required, are to be arranged and paid for by the CLIENT.
PLUMBING/HVAC: Any changes to upgrade the existing plumbing, systems and/or service to make adequate for additional fixtures, and any changes to upgrade the existing heating and air conditioning systems has not been included in this contract, unless otherwise specified. Existing fixtures, pipes, drains, septic systems, wells, vents, and equipment which are not scheduled for relocation or reworking are to remain. Utility company charges, if any, are to be paid for by the CLIENT.
MATERIALS: Materials are to be as specified. The CONTRACTOR assumes all materials specified are available as stock items. If a specified material is not available, the CONTRACTOR will substitute a similar stock item. Custom run items are not anticipated or included in this contract unless specified. The CONTRACTOR assumes any CLIENT provided items will be on site and in working condition prior to the start of work. Additional costs to reschedule, rework or reinstall CLIENT provided items will be billed to the CLIENT at time and material rates. Trim carpentry to be stock, one-piece, finger-jointed, unless otherwise specified.
PAINTING: Painting is not included in this contract, unless otherwise specified. Normal paint preparation (i.e., caulking and filling nail holes) is also to be done by others, except exterior caulking at doors and windows unless otherwise specified. The CLIENT is to call the CONTRACTOR’s attention to any drywall or plaster defects prior to the final coat of paint or wallpaper. Further, paint/paint touch-up which may be required following attendant damage repair or call back items during the warranty period is not included and is the sole responsibility of the CLIENT. CONTRACTOR cannot be held responsible for any paint problems including but not limited to: peeling, splitting, primer adhesion and/or paint to primer adhesion issues caused by moisture and/or tannin bleeding.
WARRANTY: We warrant that all work done pursuant to this Contract will be of a quality that meets the standards of our industry, and will be in accordance with accepted construction practices by National Association of Home Builders (NAHB). We will remedy any defects due to faulty materials provided by CONTRACTOR or improper workmanship completed by HomeSquare, LLC that appears within a period of one (1) year from the date of completion. The CONTRACTOR shall correct the defective portions of the work, which shall be CLIENT’s sole remedy. This correction is conditioned upon the CLIENT delivering to CONTRACTOR by certified mail within 10 days of first discovery of such conditions, and within one year from the date of completion, written notification thereof. This warranty constitutes the sole and exclusive warranty made by the CONTRACTOR. There are no other warranties, including but not limited to any implied warranty of merchant ability or warranty of fitness for a particular purpose, for any materials incorporated into the work contracted for herein. All other warranties are expressly disclaimed and excluded by the parties. This warranty constitutes the CLIENT’s exclusive remedy against the CONTRACTOR for any claim relating to the quality of the work outlined, including the alleged negligence of the CONTRACTOR. Under no circumstances shall the CONTRACTOR be liable, under this agreement or otherwise, for any incidental or consequential damages, including but not limited to liquidated, delay or other special damages. In relation to materials and equipment, any warranty furnished by a manufacturer will be provided to the CLIENT. Also, the CONTRACTOR cannot warrant work done to repair any type of leak including roofs, chimneys, gutters & downspouts, skylights, doors, windows, plumbing fixtures, showers, tubs, foundations, and basements. The CONTRACTOR will make every attempt to find and resolve the cause of the leak but will not be held liable if the attempt fails to correct the problem. The CONTRACTOR cannot warrant any painting work unless proper preparation work including replacement of old surfaces, if required, is specifically noted in this contract and completed prior to application of new paint system. Application of a new coat(s) of paint over existing surfaces without full preparation is not covered under the warranty.
DISPUTE RESOLUTION: In the event a dispute arises, we each agree to resolve those disputes through binding arbitration instead of in courts. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. Any dispute, claim or controversy arising out of or relating to the Services must be filed within one year of the completed Services. You waive any dispute, claim or controversy that is not filed within one year of completion of Services and any right you may have had to pursue that dispute, claim or controversy in any forum is permanently barred. Except as set forth below, HomeSquare and you agree that any dispute, claim or controversy arising out of or relating to the Services shall be determined by binding arbitration instead of courts of general jurisdiction. This agreement to arbitrate is intended to be broadly interpreted. References in this paragraph to “HomeSquare,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, licensees, licensors or providers of content, successors, and assigns, as well as all authorized or unauthorized users of the Service under this or prior Agreements. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA.
SEVERABILITY: If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.
Last updated: July 13, 2020