1. EXTRA WORK – During the course of progress of construction, Owner may order extra work. Such extra work shall be specified in a written change order signed by the Owner and Service Agent and shall be paid for based on change order signed the Owner and Service.

2. INSECT AND MOISTURE DAMAGE – Service Agent 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 pretreatment for termites or other insects is required, it will be at Owner’s expense.

3. MATCHING MATERIALS AND SUBSTITUTION OF MATERIALS – Service Agent calls attention to the Owner to the limitations of matching building materials (including by not limited to plaster, drywall, stucco, concrete, masonry, siding, and roofing materials). While the Service Agent shall make every effort to match new and existing materials, texture, colors, stains, finishes, and planes, exact duplication is not promised. Service Agent shall have the right to substitute materials of similar quality, pattern, and design if unable to obtain the exact matching materials.

4. ELECTRICAL SERVICE – Unless specifically included, electrical work contemplates no change to existing service panel other than the addition of circuit breaker(s) 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 Service Agent by the Owner the same as any other extra. Changes to existing wiring in areas undisturbed by alterations are not included.

5. SUBSOIL CONDITIONS – Service Agent 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.

6. PROPERTY LINES – 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 Service Agent. If any doubt exists as to the location of lot lines, the Owner shall at his 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 Service Agent shall be at the Owner’s expense. This cost shall be paid by Owner to Service Agent in cash prior to continuation of work.

7. CONDUITS, PIPES, AND DUCTS – 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.

8. ACCESS TO WORK – 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 Service Agent at Owner’s cost. Owner agrees to keep driveways clear and available for movement and parking of trucks during normal work hours. Service Agents and workmen shall not be expected to keep gates closed for animals and children. Service Agent shall protect adequately the property and adjacent property subject to this Service Agreement but shall not be held responsible for damage to driveways, walks, lawns, trees, and shrubs by movement of trucks unless due to Service Agent’s assigned contractor’s gross negligence.

9. REQUIREMENTS OF PUBLIC BODIES – Any changes, alterations, or extras from the drawings or specifications which may be required by any public body, utility, or inspector shall constitute an extra and shall be paid for the same as any other extra.

10. MATERIALS REMOVED/RUBBISH – All materials removed from structure in course of alterations shall be disposed of by Service Agent’s assigned contractor except for Hazardous Materials as described in paragraph 27 and those items designated by Owner prior to commencement or during construction. All construction rubbish to be removed by Service Agent at termination of work and premises left neat and in a broom-clean condition.

11. INSURANCE – Prior to commencement of construction, Owner shall have Service Agent and assigned contractor listed as loss-payee on Owner’s hazard insurance policy by means of endorsement, or shall purchase separate policy to protect Service Agent’s and assigned contractor’s interest. In the event Owner fails to do so, Service Agent may procure such insurance and Owner agrees to reimburse Service Agent in cash for the cost thereof. Service Agent waives this requirement unless specifically stated that they do not waive. Service Agent’s assigned contractor shall carry at his own expense worker’s compensation and public liability insurance.

12. TOILET FACILITIES – Owner agrees to make toilet facilities available to all workmen or compensate Service Agent for cost of rented units.

13. PERMITS AND RESTRICTIONS – Owner shall obtain and pay for all permits required by Government bodies unless otherwise specified. Service Agent shall comply with all requirements of such permits. Owner shall secure and pay for approval of Fine Arts groups, or any group, or groups, or organizations, society or association wherever such approval is required by covenant. Owner shall secure and pay for easements or other necessary property interest for permanent structures or permanent changes in existing facilities. The Owner further covenants that there are no restrictions, easements of covenants restricting or requiring consent to the work to be performed. Service Agent shall not be responsible for obtaining any variances should such variances by required to obtain a building permit.

14. CANCELLATION OF AGREEMENT – In the event of cancellation of this agreement by the Owner prior to commencement of construction, the Service Agent is to receive compensation from the Owner for all expenses incurred to that date plus 20% of the Service Agreement sum. The Service Agent may cancel this agreement because of material shortages or errors in computing the Service Agreement 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 Service Agent are refunded to the Owner.

15. UNDERGROUND PIPES – Service Agent 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.

16. DAMAGE TO PROPERTY – Service Agent shall not be held responsible for damage caused by Owner or Owner’s employees, Act of God, soil slippage, earthquake, fire, riot, or civil commotion or acts of public enemy.

17. EXTRA TIME – Service Agent agrees to diligently pursue work through to completion, but shall not be responsible for delays for any of the following reasons: failure of owner to sign off on the selections in a timely fashion, acts of neglect or omissions of Owner or Owner’s employees or Owner’s agent, acts of God, stormy or inclement weather, strikes, lockouts, boycotts or other labor union activities, extra work requested by Owner, acts of public enemy, riots or civil commotion, inability to secure materials through regular recognized channels, imposition of government priority or allocation of materials, failure of Owner to make payments when due, or delays caused by inspections, or changes ordered by inspectors of governmental bodies concerned.

18. LICENSING – If Applicable Service Agent informs Owner that there contractor  is licensed and provide a copy of assigned contractors license.

19. LIENS AND ASSESSMENTS – Unless specifically included in this agreement Service Agent shall not be held responsible for any bonds, liens, or assessments on existing real estate, nor sewer or utility assessments not yet a lien on said property.

20. PROTECTION OF OWNER’S PROPERTY – Owner agrees to remove or protect any personal property, inside and out, including shrubs and flowers which cannot be protected adequately by Service Agent and Service Agent shall not be held responsible for damage to or loss of said items.

21. WORK STOPPAGE – Should the work be stopped by public authority for a period of thirty days or more, though no fault of the Service Agent, 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 Service Agent any payment within fifteen days after it is due, then the Service Agent upon seven days written notice to the Owner, may stop work or terminate the Service Agreement and recover from the Owner payment for all work executed and any loss sustained and reasonable profit and damages (not less than 20% of Service Agreement sum).

22. SERVICE AGREEMENT – The Owner shall not sign a blank Service Agreement and is entitled to a copy at the time he signs it.

23. MARKETING – The Service Agent is authorized to display a yard sign on the property until completion of work. The Service Agent is authorized to photograph and video, the work and to publish the documentation (included but not limited to newspapers, magazines, and the internet). The Service Agent will not use the name of the Owner unless given permission.

24. WARRANTY – Provided the Owner has complied with all terms and conditions of this Service Agreement and the related documents and is not in default for the same, the Service Agent warrants that all work shall conform to the requirements of the Service Agreement and that any defects due to faulty workmanship which the Owner gives written notice to Service Agent within a period of one year from the date of 95% completion or occupancy by the Owner whichever will first occur, shall be corrected by the Service Agent within a reasonable period of time at the Service Agent’s expense. In the event of any dispute as to whether or not any defect is acceptable workmanship under this Service Agreement, then the standards set forth in the most recent version of the Residential Construction Performance Guidelines for Professional Builders & Remodelers published by the National Association of Home Builders Remodelor’s Council shall govern and shall be admissible in any proceeding involving this Service Agreement.

25. WORK BY OTHERS – Anything herein notwithstanding, Service Agent shall not be responsible for work performed by contractors or individuals neither contracted nor employed by it.

26. DEFAULT – Owner agrees that upon signing this Service Agreement, either before or after acceptance by Service Agent, to be bound thereby and in the event of a breach of this Service Agreement by said Owner, Service Agent shall be entitled to full compensation for work performed, loss of profits, and in the event of a legal dispute, all costs and reasonable attorney’s fees. In no event shall Service Agent’s recovery be less than 20% of the Service Agreement sum.

27. HAZARDOUS MATERIALS – Unless herein specifically provided for, the Service Agent 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 based paint, mold, asbestos and asbestos containing material, and if such “Hazardous Materials” are encountered in the course of the Service Agent’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 HEREBY WAIVES AND RELEASES SERVICE AGENT FROM ALL LIABILITY FOR ANY DAMAGES, BOTH TO PERSON AND PROPERTY, SUFFERED BY OWNER AS A RESULT OF SERVICE AGENT’S REMOVAL OF HAZARDOUS WASTE INCLUDING LEAD BASED PAINT. OWNER AGREES TO INDEMNIFY AND HOLD SERVICE AGENT HARMLESS FOR ANY DAMAGES SUFFERED BY Service AGENT AS A RESULT OF OWNER OR ANY THIRD PARTY MAKING A CLAIM FOR DAMAGES AGAINST SERVICE AGENT IN CONNECTION WITH SERVICE AGENT’S REMOVAL OF HAZARDOUS WASTE INCLUDING LEAD BASED PAINT. SHOULD A LEGAL ACTION BE FILED AGAINST SERVICE AGENT FOR SUCH A CLAIM, OWNER SHALL INDEMNIFY Service AGENT FOR ALL DAMAGES AND COST SUFFERED BY SERVICE AGENT INCLUDING REASONABLE ATTORNEY’S FEES.