HOPKINS ROOFING RESIDENTIAL AGREEMENT
1. CONTRACT DOCUMENTS: The Contract Documents, all of which are hereby incorporated herein by reference, shall include the following:
(a) This Agreement and Exhibit A hereto.
(b) Any other document prepared prior to execution of this Agreement, which is dated and initialed by both Owner and Contractor, and which expressly indicates that it is intended to become part of the Contract Documents.
Unless specifically and expressly indicated elsewhere in the Agreement, the Contract Documents do not include any other documents. If there are any inconsistencies or conflicts among the Contract Documents, the following order of resolving such inconsistencies and conflicts shall control: 2(b) and 2(a).
2. CONTRACT PRICE AND PROGRESS PAYMENTS:
(a) Owner shall pay Contractor the lump sum amount for the Project in accordance with provisions of the Contract Documents, subject to adjustment by any properly made Change Order(s).
(b) Owner shall deposit earnest money with Contractor in the sum on or before execution of this Agreement. This deposit shall be applied to the Contract Price.
3. FINAL PAYMENT: Final payment shall be due and payable to Contractor upon Contractor’s substantial completion of the Project. Owner agrees to make full payment of the balance of the Contract Price within fourteen (14) calendar days of the date of such substantial completion. Failure of Owner to make final payment as required by the Contract Documents shall be a material breach of the Contract Documents, and Contractor may seek any and all legal and equitable relief permitted by the Contract Documents and law. In the event Owner fails or refuses to pay the full balance of the Contract Price or any part thereof as provided herein, Owner shall pay interest of 18% per annum on the unpaid balance beginning from the date final payment was due. If any final payment is not timely made and Contractor pursues payment, including but not limited to legal action, arbitration proceedings, or collection efforts, Owner shall pay all costs incurred by Contractor related to such pursuits. Costs shall include but are not limited to attorney fees, expert fees, and all other expenses. If Owner fails to make final payment to Contractor as required by the Contract Documents, then Contractor has the right to stop all work on the project and Contractor is discharged from any other legal or equitable obligations under the Contract Documents or law, including but not limited to warranties.
4. NOTIFICATION TO CONTRACTOR: Upon substantial completion of the Project, Contractor will, upon Owner’s written request, meet with Owner for a walk-through inspection. During this inspection, Owner may make a punch list of those minor items which Owner and Contractor agree should be touched up and/or modified in order to fulfill the terms of the Contract Documents. Subject to weather conditions, Contractor shall attempt to complete all such items within a reasonable period of time of the date of inspection. Owner shall provide Contractor and its employees, subcontractors, and suppliers access to the Project at reasonable times that are convenient to Contractor to complete the punch list. Owner agrees, however, that any punch list items shall not cause or entitle Owner to withhold payment of any proceeds to Contractor.
5. CONTRACTOR’S WARRANTY AND LIMITATIONS: If Owner has complied with all its obligations under the Contract Documents (including but not limited to all payment obligations), then Contractor shall provide Owner with a one (1) year limited warranty upon substantial completion of the Project against defects in the quality of workmanship; Contractor’s sole obligation under such warranty shall be repair or replacement of defective work. Any Contractor warranty shall be void if all materials and components of a building or system are not supplied by Contractor. The following is a non-exclusive list of items that are not considered defects covered by warranty: (a) damage due to ordinary wear and tear or abusive use, (b) defects that are the result of and/or inherent characteristics common to the materials used, (c) loss, injury or damages caused in any way by any Force Majeure Event or Non-Force-Majeure Event; (d) loss, injury or damages caused in any way by any weather, elements, fire, flood, storm, theft, acts of God, lightning, alteration, electrical surges, and (e) conditions resulting from condensation on, or expansion or contraction of, any materials. With respect to materials, Contractor does not warrant them, but shall assign to Owner the manufacturer’s warranty(ies); Owner’s sole remedy shall be against the manufacturer, whether or not such manufacturer provides any warranty(ies). In respect to any claims, actions, suits, awards, damages, judgments, liabilities, demands, outlays, costs, expenses, and attorney fees incurred by or asserted, raised or brought against Contractor after expiration of the one-year warranty period, Owner shall defend, hold harmless, and indemnify Contractor against them, including but not limited to all costs. Costs shall include but not limited to attorney fees, expert fees, and other expenses.
Contractor’s warranties are not transferable and shall terminate upon Owner’s sale or transfer of any interest in the property.
This warranty is in lieu of all other warranties, statutory or otherwise, express or implied.
Owner agrees to a one-year statute of limitations and two-year statute of repose for purposes of bringing any action against Contractor related to or arising out of the Work, Contract Documents or Project. Owner also agrees that the statute of limitations and statute of repose shall begin to run on the date of substantial completion.
6. ENTIRE AGREEMENT: The Contract Documents constitute complete and fully integrated Contract Documents that contain the complete, exclusive, and entire agreement between the parties. The parties warrant that no promise or agreement not herein expressed has been made to them by the other, and that in agreeing to the Contract Documents they are not relying upon any statement or representation made by the other, but are relying solely upon their own judgment. Each party, prior to agreeing to the Contract Documents, has either consulted with legal counsel concerning the Contract Documents or has had an opportunity to do so.
7. CONTRACTOR’S REMEDIES: Notwithstanding any other provision of the Contract Documents to the contrary, if Owner breaches any provision of the Contract Documents, then Contractor has the right to suspend Work and/or to terminate the Contract Documents, and to seek any and all legal and equitable relief permitted by the Contract Documents and law, including but not limited to legal action, arbitration proceedings, or collection efforts, and Owner shall be responsible for all damages, losses, expenses, costs, and any other remedies permitted by law or equity, including but not limited to lost profits, home office overhead, job site overhead. Costs shall include but not be limited to attorneys’ fees, expert fees, and other expenses. Furthermore, Contractor shall be discharged from any other legal or equitable obligations under the Contract Documents or law, including but not limited to warranties.
8. WAIVER OF DAMAGES: Owner waives all claims for consequential, indirect, incidental, liquidated, punitive, statutory, and special damages against Contractor.
9. PHOTOS/VIDEOS OF PROJECT/PROPERTY: Owner grants Contractor an unlimited and perpetual license to take, use, and reproduce (including but not limited to via drone) photos and videos of the Project and Project property, including but not limited to the exterior of any residence on the property, for any business, commercial, and marketing purposes. Owner waives all common law, statutory, and any other reserved rights as it relates to any such photos or videos taken, used, or reproduced by Contractor.
IN WITNESS WHEREOF, Contractor and Owner have executed this Agreement.
You may cancel this transaction and the Contract Documents at any time prior to midnight of the third business day after the date of this transaction.
EXHIBIT A
Hopkins Roofing, Inc’s Scope of Work for this Project is described below. Any labor, materials, services, equipment, and work not described below is excluded from the Scope of Work, even if it is not listed in the
Exclusions section of this Exhibit A.
Exclusions from Scope of Work:
1. Snow and Ice removal
2. Any prevailing wage requirements or existing collective bargaining agreements
3. Access/lifts not stated under ‘Scope of Work’
4. Construction power or temporary lighting
5. Working around conduit concealed with existing roof system
6. Repair of damaged electrical due to roof fasteners used to install roof system
7. Restroom facilities
8. Trash or garbage receptacles and trash removal fees
9. Repair of damaged concrete or grass due to dumpster company dropping off & picking up receptacles
10. Liquidated damages, Retention, Bonds, Phased construction
11. Flashing curbs or other mechanical/electrical equipment after roof is installed unless agreed upon prior to roof installation
12. Disconnecting and reconnecting or repairing all mechanical and electrical
13. Setting and adjusting satellites
14. Unhooking and reconnecting and moving condensing units
15. Drains, curbs, VTRs, Wood blocking
16. Cutting/patching/securing/replacing damaged/deteriorated roof deck
17. Asbestos testing, identification, or abatement
18. Repairing condition of walls or roof deck when unknown conditions are uncovered
19. Repair of yard if equipment must be on to access the roof
20. Protection of interior equipment/surfaces
21. Roof access for other contractors by use of Hopkins ladders, sca old, or lifts
22. Sheet metal caps and gravel stops (unless included in scope), Ex-joints, Skylights & roof hatches
23. Working in extreme heat, wind, wet, or other weather conditions
24. Roof protection for other contractors
25. Repair of roof damaged by others
26. Temporary roof system
27. Shop drawings unless required in bid documents
