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HomeMy WebLinkAboutGOTTLIEB Basement Contract.unsigned CMH BUILDERS, INC. 8847 Commerce Park Place Suite J Indianapolis, IN 46268 PH: (317) 714-6536 Email: john@cmhbuilders.com HOME IMPROVEMENT JOB DESCRIPTION & CONTRACT ___Melanie and/or Oren Gottlieb__(“Homeowner”) desires to contract with CMH Builders, Inc. (“Contractor”), to perform a basement finishing project on Homeowner’s residential real estate located at _9675 Avenel Ct. Carmel, IN 46032_(“Home”). Homeowner’s phone number is (317) 403-9616. For good and valuable consideration, the sufficiency of which is hereby acknowledged, Homeowner and Contractor agree as follows: Job Description: The work to be performed under this agreement (“Repairs”) consists of the following: Permits: All necessary building permits to be pulled by Contractor from the proper municipality. Contractor to schedule all necessary inspections during the construction process. Contractor will ensure proper paperwork is turned over to the Homeowner at conclusion of project. Homeowner understands that permit cost in Contract is a budget amount and that the governing municipality dictates the final cost of the permit. Frame: All studs to be 16” on-center. All bottom plates to be pressure treated. All blocking to be installed as needed for drywall install. Dimensions on current Building Blueprint are for estimating purposes only. Exact room sizes may vary slightly. Any changes to existing Building Blueprint made after frame start will require change order and additional compensation for Contractor. Some field-changes may be required to complete framing correctly; Homeowner will not be charged for these changes Mechanicals to be concealed inside bulkheads as needed. Unfinished storage area to be left around mechanical/furnace room. Area under stairs to be unfinished except for code requirement drywall. All exterior walls to be framed approximately 1” from concrete walls to provide air gap between framing and existing foundation wall. Rooms will be labeled as shown on Building Blueprint. Homeowner has received and reviewed Building Blueprint. Homeowner has fully approved Building Blueprint and does not wish to make any further changes. All other frame specifications to be completed as listed on the Selection Sheet. Initials: __________ Mechanicals: All mechanicals will be installed in compliance with local building codes. Homeowner to select and purchase all fixtures, including electrical and plumbing, at CMH Showroom prior to project start. Homeowner responsible for any costs above budget amount included in Contract. HVAC: Contractor to provide and install heat runs in basement as described on the Estimate. Contractor to provide recommendation on proper heat run placement; Homeowner to approve all locations prior to install. Cold air return to be installed on mechanical room wall. Bath fan/light combo to be provided and installed by Contractor; fan to be sized properly for bathroom. Bath fan to be vented to exterior of home. Contract does not include any other HVAC modifications. Plumbing: Existing under-slab plumbing to be utilized for plumbing installation as described in the Selection Sheet. Contractor has assumed that all under-slab plumbing has been installed properly and is in proper working order. Any repairs to existing plumbing work may require a change order and additional compensation for Contractor. Contractor to incorporate existing plumbing locations into design and construction of basement. NOTE: Contractor cannot guarantee that all plumbing locations are accurate and will not require modification to work with design as shown on Building Blueprint. Re-location of plumbing lines may require a change order and additional compensation for Contractor. Homeowner has selected and purchased all necessary fixtures at CMH Showroom. Contractor to provide all necessary materials to complete proper installation of all plumbing fixtures, including drain and supply lines for sinks and toilet. Contractor to install shower head at 82” above floor, centered on shower side wall unless otherwise directed by Homeowner. Contractor to provide and install proper sewage pump inside new or existing sewage pit (based on estimate). Contract includes all necessary discharge connections, along with all needed venting. Pump to include alarm system. Contract includes plumbing fixtures and any other plumbing installations as shown on the Selection Sheet. Electrical: Outlets to be installed per Building Code requirements. Homeowner to designate location of any specialty outlets prior to electrical rough-in – Contractor will add (2) additional outlets to basement (at time of electrical walk-through) without requiring a change order. NOTE: Specialty outlets are designated as outlets Homeowner would like to have installed in specific locations that are not required by Building Codes. Contractor to conduct an “electrical walk-through” with Homeowner after the completion of the framing and prior to the installation of the electrical systems. Homeowner and Contractor will decide upon switch and light locations at this time. NOTE: Homeowner understands that framing and mechanical requirements of home may limit and/or alter possible locations of switches and lights. Contractor to determine and install the proper number of electrical circuits to provide adequate power to all electrical systems throughout basement as described in the estimate. NOTE: Any additions to the number of circuits will require a change order and additional compensation for Contractor. Homeowner understands that Contractor has inspected the existing electrical panel as best as possible. However, Contractor may need to provide and install an electrical sub-panel to provide proper power circuits to basement. If an electrical sub-panel is needed to provide proper power circuits, a change order and additional compensation will be required at a cost of approximately $700. Cable jacks will be installed as shown on the Selection Sheet. Homeowner to designate location of jack(s) prior to installation. NOTE: All cable jacks include (1) additional outlet installed to provide power to TV at cable jack location. Contractor to provide and install a GFCI protected outlet in unfinished storage spaces as required by Building Codes. Electrical finish to match existing home as close as possible. Contract does not include any dimmer switches unless they are specifically noted on the Selection Sheet. Contractor to provide and install key-less light fixtures throughout all unfinished areas of basement. Contractor to determine proper number of lights needed for each area. Contractor to provide and install smoke/CO2 detectors in basement as needed for Building Code requirements. Contract does not include any smoke detectors installed in any other areas of the home. Contract includes all fixtures and other electrical systems as specified in the Selection Sheet. Contract only includes the installation of mechanical systems as outlined above and as outlined in the Estimate. No other mechanical work included in Contract. Initials: __________ Insulation/Drywall: R-13 insulation to be installed throughout all exterior walls. R-13 sound reducing insulation to be installed around the Furnace/Utility room. All other sound reducing insulation to be installed as specified on the Selection Sheet, if applicable. Homeowner understands that this insulation is sound-reducing and will not sound-proof the basement. Drywall to be installed on all finished walls and ceilings throughout basement. Furnace room to be left unfinished. Drywall finish to match upstairs walls, ceiling texture to match as close as possible. Homeowner understands that an exact match to existing ceiling texture may not be possible. Contractor to match as close as possible. Drywall will be touched up after walls have been primed. Contractor to complete touch-ups as needed at this time. Homeowner and Contractor to mark together all final touch-up spots at the final quality control inspection. Contract only includes the installation of the insulation and drywall as outlined above and as outlined in the Selection Sheet. No other insulation or drywall work included in Contract. Initials: ___________ Trim: Contractor to provide and install trim and doors throughout basement. Door swings will be agreed upon prior to electrical rough-in (sizes to be determined at frame). Door sizes and swings will be installed as shown on the Building Blueprint. Contractor to provide and install door hardware on each newly installed interior door. Hardware to match existing in home as close as possible unless otherwise specifically stipulated on the Selection Sheet. Contractor to provide and install Bathroom vanity, top, and materials needed for proper installation. Vanity and top to be installed as shown on the Selection Sheet. Contractor to provide and install trim at window(s) to match existing window trim in home as close as possible. Homeowner understands that conditions in basement compared to other levels of home may not allow for an exact match. Contractor to provide and install shoe molding throughout all hard surface floor locations throughout basement where the contractor has installed flooring. Contractor to provide and install cabinets in wet bar; if applicable. Contract based on previous design and drawings of bar. Contractor to install cabinets as shown on the Selection Sheet. NOTE: Cabinet layout, including appliance specifications, must be finalized prior to project start to ensure proper design and location of all mechanical systems. Contractor to provide all necessary materials to properly install all cabinets. Wet bar countertops to be provided and installed by Contractor and installed as specified on the Selection Sheet. Contract only includes the installation of trim work as outlined above and as outlined in the Selection Sheet. No other trim work included in Contract. Initials: __________ Paint: All paint used to be Sherwin Williams. All walls and ceilings will be sprayed with flat white drywall primer/sealer paint – this will be the final coat for textured ceilings, prime coat on the walls. Smooth ceilings to be sprayed with additional coat of flat white paint. All interior trim will be painted with semi-gloss paint to match existing trim in house as close as possible. Touch-ups will be made after all drywall touch-ups have been completed. Custom color paint will be completed throughout basement; Contract includes (2) coats of color on all walls in finished rooms. Homeowner to select paint colors prior to project start. Change orders will be required if paint selected will not cover in 2 coats (due to color selection) or if multiple colors are selected for the same room. For the purposes of painting, the rooms listed on the Building Blueprint will each be considered separate rooms. Contract only includes the installation of paint work as outlined above and as outlined in the Selection Sheet. No other paint work included in Contract. Initials: __________ Flooring: Luxury Vinyl Tile (LVT) to be installed in the rooms as specified on the Selection Sheet. Homeowner and Contractor to review Building Blueprint to ensure any LVT transition points are clearly agreed upon prior to project start. Contractor to inspect the condition of the existing basement slab to ensure it is in proper condition to accommodate the installation of LVT. Any additional work required by Contractor to prep floor for installation may require a change order and additional compensation for Contractor. Contractor to provide all necessary adhesive and transition strips to complete proper installation of all LVT. Carpet to be installed in rooms as specified on the Selection Sheet. Contract only includes the installation of flooring as outlined above and as outlined in the Selection Sheet. No other flooring included in Contract. Initials: ___________ Tile: Contractor to provide and install tile backsplash at Wet bar (if applicable) as specified on the Selection Sheet. Contractor to provide all necessary mortar, grout, and transition strips to complete proper installation of all tile. Initials: ___________ Shelving: Contractor to provide and install wire shelving in closets as specified on the Selection Sheet. Homeowner to designate location of shelves prior to installation. Initials: ___________ General: All work will be completed in a professional, workmanlike manner. Material storage will be discussed and agreed upon by both Homeowner and Contractor. Contractor plans to utilize the basement and only the basement for project material storage. Access to home to be finalized prior to project start. Contractor typically uses a lock-box to allow for a key to be on-site for access throughout project. Homeowner understands that any items placed in basement during construction process will have some dust/debris found on them. Contractor to minimize dirt/dust during construction process, but some dirt and dust will be found in house during this project. Homeowner to have all belongings/contents removed from basement prior to project start - items can be left in unfinished areas, however work will be taking place in these areas as well and Contractor will need access to most of the basement. Contractor recommends any items left in basement by homeowner during construction to be covered by plastic by the homeowner. Items will get dirty and covered in dust if not protected by the homeowner. Contractor will not be responsible for cleaning or repairing damaged items left in the basement during the construction process. Initials: ___________ HOME IMPROVEMENT CONTRACT Job Description. The work to be performed under this agreement (“Work”) consists of the following: _________Basement__________________________________________________________________ Specifications were provided at the time this contract was executed. Any initial blueprints, drawings or specifications are attached, if available. If the specifications were not provided, the specifications will be provided to the consumer before commencing any work. The home improvement contract is subject to the consumer's separate written and dated approval of the specifications. Payment Terms. Based on the estimate and final selections, the homeowner shall pay Contractor $_30,125.08__, an amount equal to all costs of materials, rental equipment, labor, fees, permits, and other such expenses incurred by Contractor for the Repairs. Final price will be reflected on final selections documentation to be signed and completed by the homeowner with CMH designer. Price could go up or down based on final selections. At the time this Contract is signed by Homeowner, Homeowner has paid to Contractor a down payment of $1000.00_paid__. Additional payment terms are as follows: 30% at the pre-construction meeting – $8,800 30% at basement ready for drywall – $8,800 30% at paint work completed – $8,800 A final payment shall be made within five (5) days of completion of the Work. There will be a 5% late fee per month added to past due balances. Time of Acceptance. Homeowner acknowledges that Contractor proposed this Contract on __February 25, 2020_ (“Proposed Date”), and the Homeowner shall have ten (10) days from the Proposed Date to accept this Contract (“Time of Acceptance”). Acceptance of this Contract is only valid if Homeowner signs, dates, and returns the Contract to Contractor within the Time of Acceptance. Time of Performance. Contractor hopes to begin the Work on or about March 10, 2020, in hopes of completing the Work in about 6-8 weeks subject to the ordinary and unexpected details herein below described. Changes to Job Description. Homeowner from time to time may authorize changes in the work, issue additional instructions, require additional work, or direct omission of work previously ordered. However, Contractor shall not proceed with any change involving an increase or decrease in cost without prior written authorization (“Change Order”) signed by Homeowner. There is a $200 change order fee associated with all changes made by the Homeowner after the final selections have been signed.______ This Contract remains in full force and effect and is enforceable against Homeowner if Homeowner authorizes changes but through no fault of the Contractor fails to provide or sign a written Change Order for changes to this Contract or for materials and services provided. Delays in Completion. Contractor and Homeowner recognize and acknowledge that there are often unforeseen conditions, events and factors, unknown prior to the commencement of a home construction, restoration, or remodeling project, which have the effect of delaying the completion of such project. Consequently, Contractor’s original cost and time estimates may prove to be low due to these unforeseen conditions, events, and factors. Homeowner may also desire a mid-job change in the specifications that would add or reduce the time and costs of the Work and possibly inconvenience the Contractor. Contractor agrees to make every reasonable effort to complete the Work in a reasonable amount of time, considering weather conditions, availability of materials and labor, and other conditions, events and factors. Homeowner, in exchange, agrees to waive any claim for injuries, damage or losses suffered as a result of any delay in the completion of the Work. Homeowner and Contractor acknowledge the following specific contingencies, which may affect the date of completion: ______________________________N/A__________________________________________________ Subcontractors. Contractor may use subcontractors and/or outside vendors for labor, equipment, machinery, and/or material. Homeowner may not hire outside subcontractors without prior written permission from Contractor. Subcontractors are also independent contractors, and, therefore, Contractor shall not be held liable for injuries or losses caused by any subcontractor. Licensing. Contractor shall be responsible for determining which licenses, if any, are necessary and for obtaining the licenses, at Homeowners’ expense, prior to any work commencing. Permits and Approvals. Contractor shall be responsible for determining which permits are necessary, if any, and for obtaining the permits, at Homeowner’s expense prior to any work commencing unless otherwise agreed to by the Homeowner by initialing below. Contractor shall charge a fee of $___667_ (plus the cost of the permit) per permit obtained for the Homeowner. Homeowner shall be responsible for obtaining permission from any local homeowners’ association, if required. Contractor does not assume any liability for Homeowner’s failure to obtain the proper permission from any homeowners’ association or like requirement. Contractor shall not be responsible for any delay in completion of this Contract due to problems with obtaining the permits through no fault of Contractor or due to Homeowners’ failure to obtain permits and/or approval from any homeowners’ association. Materials. All materials shall be new, in compliance with all applicable laws and codes, and shall be covered by a manufacturer’s warranty, if appropriate and to the extent assignable to Homeowner, except as follows: ____N/A___. Homeowner is responsible for selecting colors, styles and patterns, while Contractor has sole discretion to select the type and quality of building materials required to complete the Work, except to the extent Homeowner provides prior written notice to Contractor of Homeowner’s selection of a type or quality of particular building material. Completion. The Work shall be considered completed upon notice by Contractor and approval by Homeowner, provided that Homeowner’s approval shall not be unreasonably withheld. Substantial performance of the Work completed in a workmanlike manner shall be considered sufficient grounds for Contractor to require final payment by Homeowner. Homeowner must contact Contractor within two business days of notice of completion by the Contractor of any problems with the Repair. In the event Homeowner does not contact Contractor during that time, it is presumed that the Repair was done correctly, according to the specifications and in a workmanlike manner. Limited Warranties. Contractor shall warrant work for a period of two (2) years for labor and for the Work to be in proper working order. Contractor does NOT warrant cosmetic issues, which shall be the responsibility of the homeowner. Contractor does not make and Homeowner waives any other warranty of habitability, fitness for particular purpose, merchantability, or other warranty, whether express or implied other than specifically stated herein. Dispute Resolution. If any dispute arises under the terms of this Contract or otherwise between the parties, Contractor, in its sole discretion, may require that this matter be submitted to mediation in an effort to reach an amicable resolution of any such dispute. If the Homeowner wishes to file a lawsuit against Contractor, the Homeowner must first provide Contractor with thirty (30) days written notice of his or her intentions to do so. Contractor will then have thirty (30) days in which to notify Homeowner whether he chooses for this matter first to be submitted to pre-suit mediation, which mediation would be governed by the Indiana Rules of Alternative Dispute Resolution. Homeowner shall pay all mediation fees. If mediation is unsuccessful or not attempted, the parties agree that any claim asserted by Homeowner shall be decided by the applicable Court in Marion County, Indiana. If Contractor brings suit to foreclose any mechanic’s lien filed by Contractor, in which case such suit shall be brought in the county in which the Home is located. Contractor is entitled to its attorneys’ fees in any dispute between Contractor and Homeowner. Authorized Representative. Homeowner acknowledges that Craig Huckstep is the authorized agent and representative of Contractor and all inquiries regarding problems, questions and concerns of work performed or any dispute under this contract should be directed to him as soon such problem question or concern arises. Homeowner acknowledges that Craig Huckstep can be reached by telephone at (317) 714-7149 or by email at john@cmhbuilders.com ____ Homeowner’s Initials Remedies for Breach. In the event Homeowner fails timely to make the payments required under this agreement, or is otherwise in breach or default of this agreement, Contractor is entitled to seek all remedies available in law or in equity, including injunctive relief and damages, plus court costs, reasonable attorneys’ fees, expert witness fees, interest at a rate of 1.75% per month, and all other costs incurred in the collection or enforcement of this agreement. Joint and Several Liability. If there are two or more Homeowners, this Contract is binding on them, jointly and severally. This Contract shall be binding upon Homeowner’s heirs, administrators, personal representatives, executors and successors. Choice of Law. This Contract shall be construed in accordance with the laws of the Indiana. Entire Agreement. Homeowner agrees that in executing this Contract he/she does not rely and has not relied on any representation or statement made by Contractor, except those specifically stated in this written Contract. This Contract sets forth the entire agreement between the parties hereto and fully supersedes any and all prior agreements or understandings, written or oral, between the parties hereto pertaining to the subject matter hereof. The language of all parts of this Contract shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against the drafter. Modifications to Contract. Any modification to this Contract shall be in writing and signed by all parties hereto. Right to Cancel. You may cancel this contract at any time before midnight on the third business day after the later of the following: The date the contract is signed by you and Contractor; or If applicable, the date you receive written notification from your insurance company of a final determination as to whether all or any part of your claim or this contract is a covered loss under your insurance policy. See attached notice of cancelation form for an explanation of this right. [SIGNATURES ON NEXT PAGE] [REMAINDER OF PAGE INTENTIONALLY BLANK] Homeowner has carefully read and fully understands all of the provisions of this Contract, has been given a reasonable amount of time to consider this agreement and consult with counsel, and is voluntarily entering into this Contract. HOMEOWNER(S): _________________________________ Date: __________________ Signature of Homeowner _________________________________ Printed Name of Homeowner CMH Builders, Inc. By: __John C. Prewitt III Date: __February 25, 2020_____ John C. Prewitt III – General Manager A fully executed copy of the Contract was given to the Homeowner via DocuSign or immediately after the Homeowner signed the Contract in person with a CMH representative. _JP_ Contractor’s Initials NOTICE OF CANCELLATION You may cancel this contract by mailing, delivering, or submitting by electronic mail a signed and dated copy of this cancellation notice or any other written notice to CMH Builders, Inc. at ____________________________________________, or by email to ________________________________________, at any time before midnight on the third business day after the later of the following: (A) The date this contract is signed by you and CMH Builders, Inc. (B) If applicable, the date you receive written notification from your insurance company of a final determination as to whether all or any part of your claim or this contract is a covered loss under your insurance policy. If you cancel this contract, any payments made by you under the contract will be returned to you within ten (10) business days following receipt by CMH Builders, Inc. of your cancellation notice, minus any amounts you may owe for work already done by CMH Builders, Inc. I HEREBY CANCEL THIS TRANSACTION _______________________________ (date) _______________________________ (consumer's signature)