Customer Agreement

Home Customer Agreement

Time Stamp: September 24, 2023 8:59 am

This contract is made and agreed to and represents a binding legal agreement between the Customer and Contractor listed on the Quote :


Customer agrees that they have printed/retained a copy of this agreement and understand the version of this agreement that is being presented at the time of signing the contract is valid and understood.


Any additional work or modifications to the work listed in the attached scope of work shall require a change order. A change order is a formal document listing the materials and labor required for services not listed in the original Customer Agreement, and must be signed by both the Customer and Contractor. The Contractor may alter the original scope and submit this document to the customer as a part of the change order acceptance.


Contractor shall obtain all required permits, including local commercial construction permits. Customer agrees to reimburse any and all fees associated with permitting, licensing or inspection of completed work.

Should any easements, zoning changes, or modifications to applicable covenants be required to complete the Exterior Renovation project, the Customer shall be fully responsible for any costs incurred.


Customer agrees to provide Contractor’s employees and subcontractors with reasonable access to the property where the Exterior Renovation project is taking place.Contractor agrees to make reasonable efforts to prevent disturbance or damage to the property or surrounding areas.


This Customer Agreement is based on observations made during the Contractor’s initial walk-through of the property. While every effort is made to provide complete and accurate pricing up-front, unforeseen conditions could lead to unexpected costs. Customer agrees to be held fully responsible for increased costs due to mold, insects, building code violations, or other discoveries which were not visible in the initial walk-through.

In the event that such conditions are discovered by the Contractor during the Exterior Renovation project, Contractor shall issue a change order for Customer’s approval. No further work will be performed until the Customer and Contractor agree on a reasonable means of addressing these unforeseen issues.


Customer acknowledges that he/she has been offered the opportunity to take up to 3 days to consider this Agreement. Additionally, Customer understands that he/she may revoke this Agreement within three (3) days of signing it. To be effective, a revocation must be in writing and received by the contractor, no later than 4:30 p.m. on the third calendar day following the Customers execution of the Agreement.


A Final inspection will be made prior to the City Building Inspection by the Customer and Contractor upon the project’s completion. At that time, the Customer will have the opportunity to identify any work that is unsatisfactory or incomplete.

Contractor agrees to remedy any issues discovered during the final inspection as well as during the City Building Inspectionas soon as reasonably possible, and to allow Customer to delay final payment until such issues are remedied and approved by the Customer. Any issues discovered by the City Building Inspector that are unrelated to or outside the scope of of the work outlined in this agreement will be negotiated and handled under a separate contract.


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 pretreatment for termites or other insects is required, it will be at Customer’s expense.


Contractor calls attention to the Customer to the limitations of matching building materials (included by not limited to plaster, drywall, stucco, concrete, masonry, siding, and roofing materials). While the Contractor shall make every effort to match new and 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 panels OR wiring of property.


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 Customer’s expense pursuant to a change order. If any testing or an engineered footing is required, it will be at Customer’s expense.


The Customer 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 Customer shall at his own cost, order and pay for a survey. If the Customer wrongly identifies the location of the lot lines of the property, any changes required by the Contractor shall be at the Customer’s expense. This cost shall be paid by Customer 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.


Customer shall grant free access to work areas for workmen and vehicles, and shall allow areas for storage of materials and rubbish. Customer shall also provide utility services required by the Contractor at Customer’s cost. Customer 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 unless due to the Contractor’s gross negligence. Customer will be responsible for ensuring that no one other than the Contractor accesses the designated work area during the project.


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.


All materials removed from structure in course of alterations shall be disposed of by Contractor except for Hazardous Materials as described in this contract, and those items designated by Customer prior to commencement or during construction. All construction rubbish to be removed by Contractor at termination of work and premises left neat and in a broom-clean condition.


Upon request Contractor agrees to submit documents that confirm that all contractors and subcontractors are satisfactorily insured and that all liability requirements have been met.


In event of cancellation of this agreement by the Customer after commencement of the project, the Contractor is to receive compensation from the Customer 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 the Customer provided that: (i) no work has commenced; and (ii) all amounts paid to the Contractor are refunded to the Customer.


Contractor shall not be held responsible for damage to, or removal of pipes, sprinkler lines, water or sewage disposal systems or conduits in areas of excavating, grading, paving, or construction.


Contractor shall not be held responsible for damage caused by Customer or Customer’s employees, Act of God, soil slippage, earthquake, fire, riot, or civil commotion or acts of public enemy.


Contractor agrees to diligently pursue work through to completion, but shall not be responsible for delays for any of the following reasons: failure of Customer to sign off on the selections in a timely fashion, acts of neglect or omissions of Customer or Customer’s employees or Customer’s agent, acts of God, stormy or inclement weather, strikes, lockouts, boycotts or other labor union activities, extra work requested by Customer, 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 Customer to make payments when due, or delays caused by inspections, or changes ordered by inspectors of governmental bodies concerned.


Contractor informs Customer that he is licensed under the laws and statutes of Pennsylvania.


Unless specifically included in this agreement Contractor 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.


Customer agrees to remove or protect any personal property, inside and out, including shrubs and flowers which cannot be protected adequately by Contractor and Contractor shall not be held responsible for damage to or loss of said items.


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 Customer for a period of fifteen days, or should the Customer fail to pay the Contractor any payment within fifteen days after it is due, then the Contractor upon seven days written notice to the Customer, may stop work or terminate the contract and recover from the Customer payment for all work executed and any loss sustained and reasonable profit and damages (not less than 20% of contract sum).


The Contractor is authorized to display a 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 name of the Customer unless given permission.


Contractor guarantees that all work shall be carried out in a professional manner with quality workmanship. Contractor shall make every effort to blend all surface colors and textures with existing ones, but cannot guarantee exact matches.
Material warranties are not offered by the Contractor, and are limited to manufacturers’ warranties which will be extended to Customer..
Provided the Customer has complied with all terms and conditions of this contract and the relating documents and is not in default for the same, the Contractor will grant a Correction period which will be in effect for 12 months from the date of project completion. This Correction Period provides that all work shall conform to the requirements of the Contract and that any defects due to faulty materials or workmanship which the Customer gives written notice to Contractor within a period of one year from the date of completion or occupancy by the Customer whichever will first occur, shall be corrected by the Contractor within a reasonable period of time at the Contractor’s expense. The Correction Period does not cover ordinary wear and tear, abuse, neglect, or acts of God, or for defects caused by unforeseen conditions that existed prior to the contractor beginning the work.
An extended Workmanship warranty will be extended 36 months beyond correction period. This extended warranty is only valid if it is deemed that any failures or defects are a direct result of faulty workmanship under this contract. The Customer is required to establish proof that the workmanship was faulty, and agrees to allow the contractor to hire a 3rd party to evaluate any findings provided by the Customer to support the claim that the defect or issue was a result of errors in workmanship on the part of the contractor under this contract. This Workmanship Warranty does not cover ordinary wear and tear, abuse, neglect, or acts of God, or for defects caused by unforeseen conditions that existed prior to the contractor beginning the work. If it is discovered that another contractor has worked on or tampered with the original work then this warranty will automatically be null and void.
In the event of any dispute as to whether or not any defect is acceptable workmanship under this contract, 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 contract.x


Anything herein notwithstanding, Contractor shall not be responsible in any way for work or service performed by contractors or individuals neither contracted nor employed by it. This includes adjunct contractors (such as scaffolding etc) that are not in direct control or management of the contractor.


Beyond the rescission period, Customer agrees that upon signing this contract, either before or after acceptance by Contractor, to be bound thereby and in event of a breach of this contract by said Customer, Contractor shall be entitled to full compensation for work performed, loss of profits, and in event of a legal dispute, all costs and reasonable attorney’s fees. In no event shall Contractor’s recovery be less than 20% of the contract sum.


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 based paint, mold, asbestos and asbestos containing material, and if such “Hazardous Materials” are encountered in the course of the Contractor’s work, then Customer 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. Customer HEREBY WAIVES AND RELEASES CONTRACTOR FROM ALL LIABILITY FOR ANY DAMAGES, BOTH TO PERSON AND PROPERTY, SUFFERED BY Customer AS A RESULT OF CONTRACTOR’S REMOVAL OF HAZARDOUS WASTE INCLUDING LEAD BASED PAINT. Customer AGREES TO INDEMNIFY AND HOLD CONTRACTOR HARMLESS FOR ANY DAMAGES SUFFERED BY CONTRACTOR AS A RESULT OF Customer 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, Customer SHALL INDEMNIFY CONTRACTOR FOR ALL DAMAGES AND COST SUFFERED BY CONTRACTOR INCLUDING REASONABLE ATTORNEY’S FEES.


Contractor may schedule a regular meeting with Customer to review progress and provide interim inspections. Unless the situation requires immediate communication, we urge the Customer to hold change requests or any non-critical communication for the designated meeting times. In addition, the Customer will be given a designated point of contact and will communicate any issues or make any additional request through said point of contact.


Both parties agree to take reasonable measures to resolve any conflicts or issues before, during, and after the Exterior Renovation project. In the event that a satisfactory conclusion to any conflict cannot be reached, both the Customer and Contractor agree to seek a resolution through a neutral arbitrator, and agree that the decision of any such arbitrator shall be considered final and unappealable.

33.Payment Requirements

Customer agrees to make payments in accordance with invoicing and terms in the Customer quote. Should Customer fail to make any payment prior to the next phase listed above, Contractor may suspend work until payment is made.

34.Governing Law; Jurisdiction

This Agreement shall be interpreted and construed in accordance with the laws of the State of Pennsylvania, without regard to any conflict of laws principles. Each party hereby irrevocably consents to the exclusive jurisdiction of the State and Federal courts sitting in Pittsburgh, Pennsylvania for the purpose of hearing and deciding any and all disputes, claims and controversies arising out of and relating to this Agreement. The prevailing party in any such action or proceeding shall be awarded all of the costs and fees incurred by it reasonably related thereto, including the fees of its attorneys.


While electronic signature will be allowed to execute this contract, Any and all legal notices required or permitted hereunder shall be sent by certified mail, return receipt requested, to the address of the party for which intended, set forth below its signature hereto and, in the case of the Service Provider.

36.ACCEPTANCE and Electronic Signatures.

By accepting the quote provided Customer agrees that Contractor may use a computer-based system to issue certain Confirmations and that each such Confirmation executed by a party by means of an acceptance upon approval of the quote, shall have the same legal effect as if, such signature had been manually written on such Confirmation and that such Confirmation shall be deemed to have been signed by such party for the purposes of any statute or rule of law that requires such Confirmation to be signed. The parties acknowledge that, in any legal proceedings between them in any way relating to this Agreement, each party expressly waives any right to raise any defence or waiver of liability based upon the execution of a Confirmation by a party by means of an electronically- produced acceptance. This provision shall apply to all such Confirmations outstanding as of the date listed on the quote and to all Confirmations in respect of Transactions entered into between Contractor and Customer after the date hereof.