MARVEL BUILDERS - TERMS AND CONDITIONS: - Marvel Builders Incorporated

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MARVEL BUILDERS – TERMS AND CONDITIONS:

PAYMENTS. All deposits, progressive billings, change orders, extra and final payments will be made according to following guidelines: All payments are due when invoiced according to the term language in the quote, contract or invoice. Acceptable forms of payment are personal, bank, cashier’s checks; or cash.

There is not a discount for cash payments.

Any required warranty repairs on new work, and the associated procurement of parts, or the installation/repair of product; shall not delay payments due to Contractor.

Checks that are not accepted at Marvel Builders Inc.s financial institutions due to insufficient funds of Owners method of payment are subject to reimbursement of the financial institutions fee for insufficient funds, as well as administrative time spent by Marvel Builders Inc. at a rate of $80 per man hour and 65 cents per mile. Past due balances of 10 days or greater are subject to late fees of 5% per day, compounding daily retroactive to original due date. Past due balances of 30 days or more will be turned over to a collection agency. OWNER is responsible for past due balance, late fees, and collection fees associated as described above or incurred from collection agency. Late, incomplete or delayed payments, shall render the warranty null and void.

PAYMENT SCHEDULE – Payments due upon invoice

Additional work billed separately

Deposit and subsequent payments can be mailed to:

Marvel Builders Inc.
24 Black Matt Rd
Douglassville PA 19518

Marvel Builders Inc. (Marvel Builders, the CONTRACTOR, Contractor, Marvel Builders Inc.) TERMS AND CONDITIONS.

GENERAL. In event of cancelation of this agreement by the Owner prior to commencement of construction, the Contractor is to receive compensation from the Owner for all expenses incurred to that date plus 20% of the contract sum. The Contractor may cancel this agreement because of material shortages or errors in computing the contract sum within ten (10) days of acceptance of this agreement by Owner provided that: (i) no work has commenced; and (ii) all amounts paid to the Contractor are refunded to the Owner.

PERMITS. Owner to pay all permit fees or job/location specific licensing fees in addition to contract total, if applicable. Owner to pay for all design and engineering fees that may be required by their municipality. Contractor to secure all necessary permits, if required by local municipal law. The Owner further covenants that there are no restrictions, easements of covenants restricting or requiring consent to the work to be performed. Contractor shall not be responsible for obtaining any variances should such variances by required to obtain a building permit.

LIMITATIONS. Owner to have all salvageable items removed from the interior and exterior of the construction area and construction staging areas prior to start of construction, including pictures and wall hangings on adjacent walls. Contractor not responsible for damage to items remaining in construction area, unless otherwise arranged and specified in this contract.

Owner agrees to allow contractor to place a temporary disposal container and a job storage trailer on the property at a suitable location during the entire project if needed. Owner agrees to make toilet facilities available to all workmen or compensate Contractor for cost of rented units. Contractor will dispose of all contracted job related debris and assure that the site is left safe and clean at the end of each work day.

Disposal costs are limited to all job related debris only. Should the owner decide to use the temporary containers for personal use, the contractor will have the right to bill extra for the added cost of disposal.

Although the contractor and all sub-contractors will do their best to keep job dust under control by concealing the work area, owner agrees and understands that dust from the construction may be present in the remaining existing structure during this project.

Contractor will do his best to limit the amount of dust. All construction methods will be completed per 2009 IRC.

Contractor shall not be obligated to perform any work to correct damage caused by termites or other insects, moisture, mold, dry rot or decay and any work to be performed to correct such damage shall be covered by a change order. If any pre treatment for mold, termites or other insects is required, it will be at Owner’s expense.

As it pertains to all facets the scope of work, Marvel Builders, Inc. will not be responsible to correct or repair any part of the property’s or existing structure’s condition, unless specifically included in the scope of work above. This includes but is not limited to: failing, crumbling, out of level or cracked driveways, foundation, footings, walls, sidewalks, pavers, or slabs; out of plane framing, incorrect framing members, failing, bowing, sagging or humped walls, soffits, fascias or rafters; malfunctioning plumbing, mechanical or electrical systems or components; insufficient or failing insulation; improper flashing and weather barrier details; inferior quality or improperly installed windows, doors, decking or railings; inferior or failing roofing materials; cracked, failing or leaking chimneys. Any inconsistencies found will be brought to the attention of the owner, at which time a corrective course of action and associated cost will be presented, in addition to contracted cost; unless otherwise included in contracted scope of work.

Contractor calls attention to the Owner to the limitations of matching building materials (included but not limited to plaster, drywall, stucco, concrete, masonry, siding, and roofing materials). While the Contractor shall make every effort to match existing materials, texture, colors, stains, finishes, and planes, exact duplication is not promised. Contractor shall have the right to substitute materials of similar quality, pattern, and design if unable to obtain the exact matching materials.

Unless specifically included, electrical work contemplates no change to existing service panel other than the addition of circuit breakers or fuse blocks to distribute electric current to new outlets. Cost incurred in changing point of service, main switch, or meter that may be required by inspector or serving utility shall be paid to the Contractor by the Owner the same as any other extra. Changes to existing wiring in areas undisturbed by alterations are not included.

The Owner is solely responsible for the location of all lot lines and shall, if requested, identify all corner posts of his lot for the Contractor. If any doubt exists as to the location of lot lines, the Owner shall at his or her own cost, order and pay for a survey. If the Owner wrongly identifies the location of the lot lines of the property, any changes required by the Contractor shall be at the Owner’s expense. This cost shall be paid by Owner to Contractor in cash prior to continuation of work.

Unless specifically indicated, agreed price does not include re-routing of vents, pipes, ducts, or wiring conduits that may be discovered in removal of walls or cutting of openings in walls, floors, or ceilings.

Owner shall grant free access to work areas for workmen and vehicles, and shall allow areas for storage of materials and rubbish. Owner shall also provide utility services required by the Contractor at Owner’s cost. Owner agrees to keep driveways clear and available for movement and parking of trucks during normal work hours. Contractors and workmen shall not be expected to keep gates closed for animals and children. Contractor shall protect adequately the property and adjacent property subject to this contract but shall not be held responsible for damage to driveways, walks, lawns, trees, and shrubs by movement of trucks or equipment unless due to Contractor’s gross negligence. Owner will have work area clear of all contents before start. Any items (including but not limited to: contents, window coverings and treatments) needed to be removed by CONTRACTOR will be done so on a time and material basis, $80 per man hour, 20% on top of materials and subcontractors.

CHANGE ORDERS AND EXTRAS. No additional work or changes under this agreement will be recognized or paid for, until agreed in writing (including acceptance via email or text message) prior to those changes or additional work being executed. The contractor will submit a change order with a cost estimate for the desired change or additional work. Owner will sign the change order and agree to make payment for the changes or additional work upon billing. Contractor reserves the right to charge Owner a fee of $ 80.00 for administration for each estimate requested by owner for any change or additional work. Owner agrees that they may be billed additional for any lost time due to last minute changes or additions requested by the owner that interrupt the contractor’s schedule, at a rate of $ 80.00 per hour per contractor’s employees or sub-contractors for lost time, as well as any handling or return charges for unwanted materials affected by these changes or additions. Such last minute changes that warrant a lost time charge will not include any unanticipated tasks that are necessary to implement the current scope of work contracted as detailed in the specifications above, however said unanticipated tasks may be billed extra. Contractor recommends that any changes, discrepancies or additions be brought to the contractor’s attention as soon as possible to avoid any such delays and additional billing.

Portions or facets of the project that fall outside of the Contractor’s responsibilities- not included in singed contract- and that are being executed by the Owner or his/her subcontractors must not interfere with the Contractors agreed upon responsibilities. Owner agrees to hold Contractor harmless for any delays or additional work caused by the Owner or his/her subcontractors defaulting on prerequisite details. Owner agrees that they may be billed a rate of $80 per man hour and 20% on top of materials and subcontractors to recover from said delays or to execute said prerequisite details. Said incidents will extend the finish date of the project. Anything herein notwithstanding, Contractor shall not be responsible for work performed by contractors or individuals neither contracted nor employed by it.

SCHEDULE. The parties hereby agree that time is of the essence with respect to performance of each of the parties’ obligations under this Agreement. This Agreement must be fully executed by The Owner and returned to Marvel Builders before the designated approval deadline. If the Agreement is not executed and returned to Marvel Builders by that date, Marvel Builder’s offer to enter into this Agreement shall be revoked and shall be considered never to have been made. A Fully Executed Agreement by both parties does not guarantee a start date. The start date will be determined by the selection, procurement and subsequent delivery of all long lead materials and installation agreements as determined by Marvel Builders. Contractor projects contracted work to begin on or before DATE contingent upon all permits being granted and paid for, the required deposit being received, decisions regarding design and specifications being arrived at and weather conditions leading up to the start date as well as weather conditions on the start date. Anticipated duration of work is X weeks, placing the projected completion date on or before DATE. Contractor reserves the right to extend the completion date due to any changes or additions, inclement weather, labor strikes, material delivery delays, or delays caused by sub contractor’s that are dealing directly with the owner (if any), or any work that the homeowner is doing that may delay our scheduled progress (if any).

Contractor will give reasonable notice for all decisions and selections that need to be executed by the customer in order to keep the progress on schedule. Any delays in these decisions or selections could also result in the need to extend the completion date.

Contractor will not be held liable for any delays or shut-downs due to Government related restrictions and/or illnesses or quarantines of Contractor employees or subcontractors (Example: Covid-19).

Should the work be stopped by public authority for a period of thirty days or more, though no fault of the Contractor, or should the work be stopped through the act of the Owner for a period of fifteen days, or should the Owner fail to pay the Contractor any payment within ten days after it is due, then the Contractor upon seven days written notice to the Owner, may stop work or terminate the contract and recover from the Owner payment for all work executed and any loss sustained and reasonable profit and damages (not less than 20% of contract sum). All contracted work will be completed on or before specified date. Contractor reserves the right to extend the completion date due to any changes or additions, inclement weather, impenetrable/ unworkable soil due to freezing temperatures, rocks, or mud; labor strikes, material delivery delays, portions of the project being completed by the owner, or delays caused by sub contractor’s that are dealing directly with the owner.

Contractor reserves the right to charge for additional excavation time and equipment should there be unforeseen conditions sub-grade. This includes but is not limited to: rocks, roots, unmarked utilities, underground springs, sinkholes and buried debris. Contractor does not assume any risk to subsoil conditions of the property and if any subsoil conditions which affect the work to be performed are encountered they will be dealt with at the Owner’s expense pursuant to a change order. If any testing or an engineered footing is required, it will be at Owner’s expense. Contractor shall not be held responsible for damage to, or removing of pipes, sprinkler lines, water or sewage disposal systems or conduits in areas of excavating, grading, paving, or construction.

Contractor Recommends that the space remodeled or constructed or repaired be heated and climate controlled to prevent excessive shrinkage and expansion of building materials. Contractor will not replace or repair cracked drywall, Trim, hardwood flooring, ship lap walls, beaded ceilings or walls in an unconditioned space. Contractor suggests that the Owner contact their current home owner’s insurance carrier prior to the start of construction and upgrade the coverage to include all new materials on site, installed or uninstalled. Contractor will not be responsible for any materials replacement or repair as a result of damage or loss by flood, fire, theft, wind or hail once these materials are on site.

INCLUDED COST ALLOWANCES (If specified). Owner understands that a cost allowance is a specified dollar amount designated to a portion or portions of the contracted work. These portions of work may or may not have been selected, decided on, or fully communicated to contractor at the time this agreement was drafted, therefore a dollar amount is included for each item as depicted in the specifications section as set forth by the architect and/or builder. Any other allowances not called out by the architect are specified in this agreement. These allowances will be used to purchase items and/or services as they are needed to satisfy this agreement and bring this project to completion. Purchases and services billed against allowances are calculated at purchase cost plus twenty percent. Credited allowances are returned at contract value, and will not incur the twenty percent.

In the event that the costs for these items and /or services exceed the allowed amount, the owner will be required to pay the difference. In the event that the cost is less than the allowed amount, the owner will receive a credit for the difference.

Example 1: A $500.00 Toilet purchase allowance is included in the contract price. Owner selects a toilet with a list price of $600. Contractor purchases toilet for $600. Allowance calculation becomes $600 plus twenty percent, totaling $720. Owner will be billed an additional $220 for the amount over the contract’s $500 allowance. Allowance overages are due upon invoicing.

Example 2: A $500.00 Toilet purchase allowance is included in the contract price. Owner selects a toilet with a list price of $300. Contractor purchases toilet for $300. Allowance
calculation becomes $300 plus twenty percent, totaling $360. Owner will be credited $140 for the amount under the contract’s $500 allowance. Allowances credits are calculated and credited at final billing.

Example 3: A $500.00 Toilet purchase allowance is included in the contract price. Owner decides to purchase and supply the toilet themselves. Contractor credits the $500 allowance to homeowner. Allowances credits are calculated and credited at final billing.

TIME AND MATERIAL PORTIONS OF CONTRACT: Some portions of the project may be listed as “time and material billing (T&M)”. Unless otherwise specified, the rates are billed at $80 per man hour, material and service cost plus twenty percent. Time and material bills are due upon invoicing.

OWNER SUPPLIED MATERIALS (If applicable). Owner warrants that all materials supplied by Owner will be of new and standard quality, free of defects and may be/ are capable of being- installed or applied in a time frame consistent with normal installations for these materials.

Owner agrees to have all materials on the job site at least 7 working days prior to installation date by Marvel Builders Inc. or sub or specialty contractors. Marvel Builders Inc. will give Owner at least 10 working days’ notice of installation date. All unused materials furnished by Owner shall remain the property of Owner, and all materials delivered to the job address shall be safely stored by Owner.

If Owner fails to have the necessary materials on the job site as outlined above, Owner agrees that Marvel Builders Inc. may purchase those materials, and Owner will reimburse Marvel Builders Inc. the cost of the materials plus 20% and travel time to and from the job site to the place of purchase at the rate of $80 per man hour and 65 cents per mile for vehicle used to pick up the necessary materials at the next progress payment or final payment whichever comes first. These material procurement charges are due upon invoicing.

Owner understands and agrees to be present or have a representative present when any materials supplied by Owner for use on this job are unpacked by Marvel Builders Inc.. Owner or representative will inspect those materials for completeness of the order and for damage or for any other defects. If Owner is not present when these materials are unpacked, Owner waives any and all claims against Marvel Builders Inc. for any damaged or missing materials and will hold Marvel Builders Inc. harmless against any claims for damaged or missing materials by the Owner or the Owner’s representative.

Owner understands and agrees that damage done to any of Marvel Builders Inc.’s or subcontractors’ tools or equipment as a result of any foreign object within those materials supplied by the Owner, such as nails, bolts, screws or other metal or very hard objects, regardless of the reason, will be the Owner’s responsibility to replace (NOT REPAIR) that damaged tool or piece of equipment. Replacement of the tool or equipment will be within 24 hours of the time of damage.

Owner understands and agrees that as the supplier of materials, Owner assumes full responsibility and liability for assuring that the products meet all applicable codes and ordinances. Any resultant damage to any other part of the structure in contact with or adjacent to the materials supplied by Owner and installed by Marvel Builders Inc., because of failure of those materials supplied by the Owner, are the Owner’s sole responsibility for repair or replacement. Marvel Builders Inc.’s liability will be for the labor only if it is determined by a neutral third party that the Owner’s materials were installed incorrectly by Marvel Builders Inc., thus causing the damage to the structure.

HAZARDOUS MATERIALS. Unless herein specifically provided for, the Contractor shall not be responsible for removal and for disposal of any “Hazardous Materials” as defined by any Federal, State or Local law, regulation, or ordinance, including without limitation, lead base paint, mold, asbestos and asbestos containing material, and if such “Hazardous Materials” are encountered in the course of the Contractor’s work, then Owner shall pay any and all additional costs to remove and/or dispose of such “Hazardous Materials” in accordance with such Federal, State, and Local laws, regulations, and ordinances. OWNER HERBY WAIVES AND RELEASES CONTRACTOR FROM ALL LIABILITY FOR ANY DAMAGES, BOTH TO PERSON AND PROPERTY, SUFFERED BY OWNER AS A RESULT OF CONTRACTOR’S REMOVAL OF HAZARDOUS WASTE INCLUDING LEAD BASED PAINT. OWNER AGREES TO INDEMNIFY AND HOLD CONTRACTOR HARMLESS FOR ANY DAMAGES SUFFERED BY CONTRACTOR AS A RESULT OF OWNER OR ANY THIRD PARTY MAKING A CLAIM FOR DAMAGES AGAINST CONTRACTOR IN CONNECTION WITH CONTRACTOR’S REMOVAL OF HAZARDOUS WASTE INCLUDING LEAD BASED PAINT. SHOULD A LEGAL ACTION BE FILED AGAINST CONTRACTOR FOR SUCH A CLAIM, OWNER SHALL INDEMNIFY CONTRACTOR FOR ALL DAMAGES AND COST SUFFERED BY CONTRACTOR INCLUDING REASONABLE ATTORNEY’S FEES.

ATTORNEYS FEES. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties will be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

MATERIALS PRICE ADJUSTMENT. The materials cost included in this contract total is based on current market prices at the time this contract was drafted. Contractor reserves the right to make any necessary materials price adjustments at the time of final invoicing. This price adjustment could reflect a credit as well as an increase. Contract based on market prices at the time the contract was generated, and noted in the opening line of the contract.

WARRANTY. Marvel Builders Inc. will guarantee all workmanship and labor for a period of 12 months from the date of completion of all contracted work, unless otherwise noted. This warranty will not cover any equipment or materials that offer their own warranty. This warranty will not cover anything that is damaged by owner neglect, direct and intentional damage, unintentional owner inflicted damage, vandalism, or any acts of God; including but not limited to above average rainfall events defined as rainfall exceeding .3 inches of rain per hour, flooding, lighting strikes, blizzards, hurricanes, tornadoes, mudslides, landslides or sinkholes, or abnormal temperatures; low or high. Marvel Builders Inc. will not honor warranty on projects where OWNER has delinquent or tardy payments. Marvel Builders Inc. will transfer all Manufacturers’ product warranties of materials/ products used to Owner. Marvel Builders Inc. Reserves the right to determine if the claim constitutes replacement or repair. In no event will Marvel Builders Inc. be held responsible for any cracking or shifting of concrete, floors, patios, walks or foundations, as this is a natural occurrence beyond the control of any contractor. Contractor will not be responsible for natural occurring cracking or movement in materials caused by the natural drying process of the new materials. Owner understands that drywall, composites, concrete and wood shrinkage and minor cracking is normal and can be expected after the first heating and cooling season as with any new structure. Contractor will return to repair any said shrinking or cracking at the expense of the homeowner, unless it is determined by both parties that the shrinking and cracking is due to uncommon structural movement caused by improper installation or the use of inferior materials. If both parties suspect that any said cracking or shrinkage is due to a design flaw such as but not limited to beam failure and/or inadequate lumber spans, the owners agree to seek remediation from the engineer or architect who engineered the beam spans and design. Contractor will not be required to paint after any said warranty repairs are made. Owner agrees to notify Marvel Builders Inc. in writing of any requested warranty repairs. Marvel Builders Inc. agrees to respond within 24 hours of receiving any warranty claim. Owner agrees that unless the claim is a “True Emergency”, that they will keep a running list of repairs needed so that Marvel Builders Inc. can schedule a one-time return to satisfy the claims, to the extent possible. Any subsequent visits for repairs after one-time warranty visit will be billed separately at a rate of $80 per man hour and materials plus 20%. Marvel Builders Inc. will not provide warranty on replacement of pressure treated wood in any capacity. This agreement is limited to projects, materials, and costs described above. Any extra work to be quoted separately. Any required warranty repairs on new work, and the associated procurement of parts, or the installation/repair of product; shall not delay payments due to Contractor.

Late, incomplete or delayed payments, shall render the warranty null and void.

ADVERTISING. The Contractor is authorized to display a yard sign on the property until completion of work. The Contractor is authorized to photograph and video the work, and to publish the documentation (included but not limited to newspaper, magazine, and the internet). The Contractor will not use the last name of the Owner unless given permission. Contractor will not use Owners street address but is authorized to use the name of the town in any and all advertisements including social media pages and posts.