Better Business Bureau
Check Contractors License Here
TERMS AND CONDITIONS
- Licensing – Contractor is duly licensed under the law and statutes of
the State of California.
- Property owner(s) represents that (s) he is the person properly
authorized, whether by virtue of ownership or tenancy interests, agency
relationship with such interest, or otherwise, to enter into this contract
for Contractor’s service and goods. Property owner(s) will keep the property
and improvements and materials on it free from any claims that would tend to
interfere with contractors work or performance.
- Code Violations – All work to be done in a thorough and workmanlike
manner in strict accordance with the Building Code of the State of
California and the city or county involved. The Contractors is not
responsible for any existing violations of local building ordinances and
- Personal Guarantee – Where undersigned signs on behalf of a corporation,
partnership or other association, the undersigned irr irrevocably and
unconditionally individually guarantees to Contractor, payment when due,
whether by acceleration, or otherwise, of any and all present and future
obligations of debtor to Contractor.
- Contractor does not refund 10% overhead and 10% profit when customer
agrees to reduce scope of work or elects to cash out term. Cash out terms
are at the election of Contractor, and must be in writing.
- Contractor may assign rights or delegate duties under his contract or
Contractor may assign any right to receive compensation under the Contract.
In either event, Contractor will remain responsible for all performance
required under contract.
- Property owner(s) may assign any benefits or delegate any duties of
payment or other responsibility under this Contract to any successor in
title on ownership of tenancy interest to the premises herein described.
However, property owner will remain personally liable for all his
performance under this Contract.
- Property owner(s) will provide, entirely at his own expense continuously
during the course of the work herein, adequate property damage and public
and public liability insurance to cover the scope of all activities
contemplated hereunder and the value of services, labor, materials and goods
involved in this work as well as a reasonable claim liable to occur during
the course of the work
- Should property owner(s) or insurance company be in default of
compensation owning at any time under the Contract of a period of five (5)
days after the notification that compensation is due, Contractor, in
addition to any other legal remedies or processes available, may stop work
and/or terminate the Contract and enter the premises and remove any portion
of, or all materials or goods installed at or affixed to the premises under
this Contract, (so long as the work or removal does not interfere with any
materials or goods installed outside of this agreement) up to the extent
that they represent in their condition the price then owning the Contractor
- Title to any material supplied by Contractor will remain with Contractor
and will not pass to customer until the entire price called for herein or in
any subsequent extra work Contract, has been paid. Contractor may remove any
amount or portion of such material equivalent in value to any payment then
in default. No part of this provision, however, may be asserted as against
any lienholder whether prior or subsequent to any lien which Contractor may
hold assignee of successor such lienholder.
- If Insurance Company issues progress payment(s) property owner(s) agrees
to endorse all drafts when presented for signature.
- Should any dispute arise from this Contract, customer agrees that the
proper venue for the action shall be in Los Angeles County. In the event of
any litigation or arbitration between the parties concerning the work
hereunder or any event relative hereto, the prevailing party in such dispute
shall be entitled to reasonable attorney’s fees and costs.
- Contractor is entitled to loss of profits if Contract is canceled for
- Contractors are required by law to be licensed and regulated by the
Contractor’ State License Board. Any questions concerning a Contractor may
be referred to the Registrar of the Board whose address is: P.O. Box 26000,
Sacramento, CA 95826.
Any controversy or claim arising out of, or relating to this contract, or
the breach thereof, shall be settled by arbitration in accordance with the
Construction Industry Arbitration Rules of the American Arbitration
Association, and judgment judgment upon the award rendered by Arbitrator(s)
may be entered in any Court having jurisdiction thereof.
NOTICE TO OWNER
In accordance with Section 7018.5* of the Business and
Professions Code of the State of California (Contractors License Law), as
effective July 1, 1984, the following "Notice to Owner" is tendered to the
owner(s) who are party to the PRIME CONSTRUCTION CONTRACT into which this notice
is incorporated for their reading and acknowledgement PRIOR to entering into
Under the California Mechanics Lien Law any contractor,
subcontractor, laborer, supplier or other person who helps to improve your
property, but is not paid for his/her work or supplies, has a right to enforce a
claim against your property. This means that after a court hearing, your
property could be sold by a court officer and the proceeds of the sale used to
satisfy the indebtedness. This can happen even if you have paid your
contractor in full if the subcontractor, laborers or suppliers remain unpaid.
To preserve their right to file a claim or lien against your
property, certain claimants such as subcontractors or material suppliers are
required to provide you with a document entitled "Preliminary Notice." Original
(or prime) contractors and laborers for wages do not have to provide this
notice. A Preliminary Notice is not a lien against your property. Its purpose is
to notify you of persons who may have a right to file a lien against your
property if they are not paid. (Generally, the maximum time allowed for filing a
claim or lien against your property is ninety  days after completion of your
TO INSURE EXTRA PROTECTION FOR YOURSELF AND YOUR PROPERTY, YOU
MAY WISH TO TAKE ONE OR MORE OF THE FOLLOWING STEPS:
(1) Require that your contractor supply you with a payment and
performance bond (not a license bond), which provides that the bonding company
will either complete the project or pay damages up to the amount of the bond.
This payment and performance bond as well as a copy of the construction contract
should be filed with the county recorder for your further protection.
(2) Require that payments be made directly to subcontractors
and material suppliers through a joint control. Any joint control agreement
should include the addendum approved by the Registrar of Contractors.
(3) Issue joint checks for payment, made out to both your
contractor and subcontractors or material suppliers involved in the project.
This will help to insure that all persons due payment are actually paid.
(4) After making payment on any completed phase of the
project, and before making any further payments, require your contractor to
provide you with unconditional lien releases signed by each material supplier,
subcontractor and laborer involved in that portion of the work for which payment
was made. On projects involving improvements to a single family residence or a
duplex owned by individuals, the persons signing these releases lose the right
to file a claim against your property. In other types of construction this
protection may still be important, but may not be as complete. TO PROTECT
YOURSELF UNDER THIS OPTION YOU MUST BE CERTAIN THAT ALL MATERIAL SUPPLIERS,
SUBCONTRACTORS AND LABORERS HAVE SIGNED.
This Notice To Owner read and acknowledge by owner prior to
signing of contract with contractor.
*7018.5 The board shall prescribe a form entitled
"Notice to Owner" which shall describe in nontechnical language and in a clear
and coherent manner using words with common and everyday meaning, the pertinent
provisions of this state's mechanics lien laws and the rights and
responsibilities of an owner of property and a contractor thereunder including
the provisions relating to the filing of a contract concerning a work of
improvement with the County Recorder and the recording in such office of a
contractor's payment bond for private work. Each contractor licensed under
this chapter prior to entering into a contract with an owner for work for which
a contractor's license is required shall give a copy of this "Notice to Owner"
to the owner, his agent or the payor.