HOME IMPROVEMENT CONTRACT

Transcription

1 HOME IMPROVEMENT CONTRACT YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS CONTRACT, SIGNED BY BOTH YOU AND THE CONTRACTOR BEFORE ANY WORK MAY BE STARTED. CONTRACTOR S NAME: ADDRESS: PHONE: FAX: CELL PHONE: LICENSE #: HOME IMPROVEMENT SALESPERSON'S NAME: ADDRESS: PHONE: FAX: CELL PHONE: LICENSE #: DATE: BUYER'S NAME: ADDRESS: 4891:GetAllBrrName 2037:BW1_Addrx BUYER'S DAY PHONE: BUYER'S EVENING PHONE: BUYER'S CELL PHONE: BUYER'S ADDRESS: PROJECT ADDRESS: 1172:LN_BORRDAYPH 32436:LN_BORRCELLPH :LN_BORR 1526:PR_Address Cntractr Page 1 f 12

2 I. PARTIES This Cntract is entered int n this day f, 20 by and between 4891:GetAllBrrName ( ) and ( Cntractr ). and Cntractr agree t the fllwing: II. GENERAL SCOPE OF WORK DESCRIPTION The Cntractr shall perfrm all wrk and prvide all labr, supervisin, materials, and equipment described belw t cmplete in a gd and wrkmanlike manner the fllwing: Yes N: All wrk t be cmpleted by the Cntractr (and subcntractrs, if any) is described in the attached plans and specificatins, dated, that have been signed and acknwledged by the and the Cntractr. III. DESCRIPTION OF MATERIALS AND EQUIPMENT (Include quantity, quality, brand, mdel number, identifying features, and price f materials and equipment.) Materials/Equipment Price Cntractr Page 2 f 12

3 Yes: All / sme (circle ne) materials/equipment are t be supplied by the Cntractr accrding t the attached plans and specificatins, dated, that have been signed and acknwledged by the and the Cntractr. N: The will supply the materials/equipment accrding t the attached plans and specificatins, dated, that have been signed and acknwledged by the and the Cntractr. IV. SUBCONTRACTORS (List all subcntractrs, plumbers, electricians, etc. with names, addresses, phne numbers, license numbers, and wrk t be prvided.) V. CONTRACT PRICE (ttal amunt) The shall pay the Cntractr the fixed sum f (in dllars and cents) fr the wrk t be perfrmed under this Cntract. VI. PROGRESS PAYMENTS AND SCHEDULE Depsit: When the Cntract is signed by bth parties and returned t the Cntractr, the shall pay t the Cntractr a depsit f: Prgress Payments: All payments are subject t a site inspectin and apprval f wrk by the. Cntractr Page 3 f 12

4 Wrk r service perfrmed and materials t be supplied Amunt due n cmpletin Final Payment: When all wrk is cmplete, the will pay the Cntractr: The may withhld final payment if the Cntractr des nt submit satisfactry evidence t the that all expenses related t this wrk have been paid and n lien exists n the prperty as described in the sectin Additinal Terms and Cnditins. VII. RIGHT TO CANCEL CONTRACT WITHIN THREE DAYS YOU, THE BUYER, MAY CANCEL THIS CONTRACT AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR EXPLANATION OF THIS RIGHT. Cntractr Page 4 f 12

5 VIII. COMMENCEMENT AND COMPLETION SCHEDULE Wrk will cmmence n: (date). The may cancel the Cntract if wrk is nt begun within days f this stated cmmencement date. Cnstructin time thrugh cmpletin date is apprximately t weeks/mnths (circle ne). Wrk will be cmpleted by: (date). Time is f the essence regarding this Cntract unless the has appended a handwritten statement that extends the wrk timeframe. Yes N: A handwritten statement by the is appended and time is nt f the essence. N extensin f time will be valid withut the s written cnsent. The fllwing events r cntingencies may impact the Cntractr s ability t perfrm: IX. CHANGE ORDERS/ADDITIONAL WORK Written Change Orders signed by bth parties are required fr any changes r additinal wrk. The Change Order shall state:. whether the change will increase r decrease the riginal Cntract amunt. the cst f the additinal wrk. the new ttal amunt f the Cntract and cmpletin date The Cntractr shall prvide the with a cpy f the signed Change Order frm befre cmmencing the additinal r changed wrk. Except fr thse items specifically described in the Change Order, all ther Cntract terms shall remain unchanged. Payment fr additinal r changed wrk is due upn cmpletin f all f the additinal r changed wrk and submittal f an invice by the Cntractr. Cntractr Page 5 f 12

6 X. ADDITIONAL TERMS AND CONDITIONS See page(s) attached: Yes N ACCEPTANCE OF CONTRACT The cnditin specificatins and prices stated in this Cntract and any referenced attachment herein are satisfactry and are hereby accepted. The Cntractr is authrized t d the wrk as specified. Payment will be made as utlined in the Sectin Prgress Payments and Schedule. The Cntractr will prvide the with a cpy f this Cntract after it is signed by bth parties. DATE SIGNATURE OF LICENSED SALESPERSON FOR THE LICENSED CONTRACTOR PRINT NAME DATE BUYER'S SIGNATURE PRINT NAME DATE BUYER'S SIGNATURE PRINT NAME DATE BUYER'S SIGNATURE PRINT NAME DATE BUYER'S SIGNATURE PRINT NAME Cntractr Page 6 f 12

7 ADDITIONAL TERMS, PROVISIONS, AND CONDITIONS 1. The Cntractr r subcntractr wh perfrms wrk under this Cntract and is nt paid may have a claim against yu, the, which may be enfrced against the prperty in accrdance with the applicable lien laws. 2. Yu, the, may withhld final payment due under the Cntract until the Cntractr submits frm all subcntractrs and vendrs a waiver f lien as prf f payment fr the wrk and/r the materials they supplied. 3. In accrdance with subdivisin 4 Sectin 71-a f the Lien Law, the Cntractr is legally required t depsit in an escrw accunt all payments received prir t substantial cmpletin f wrk. In lieu f such depsit, the Hme Imprvement Cntractr may pst a bnd r Cntract f Indemnity with the guaranteeing the return f the payments r applicatin f the payments t the purpse f the Cntract. 4. The Cntractr agrees t use nly licensed subcntractrs, including Hme Imprvement Cntractrs licensed by the New Yrk City Department f Cnsumer Affairs (DCA) and plumbers and electricians licensed by the New Yrk City Department f Buildings. 5. The Cntractr agrees t furnish the with a Certificate f Wrkers Cmpensatin Insurance prir t cmmencement f wrk pursuant t the Cntract. 6. The Cntractr agrees t prcure all required permits in accrdance with lcal laws. 7. The Cntractr shall disclse all terms, cnditins, and perid f time cvered by any guarantee r warranty it ffers t the, including thse advertised by the Cntractr. The fllwing guarantee/warranty is applicable: (If nne, state "Nne".) 8. The Cntractr agrees t shield the frm any liability related t the Cntractr s failure t pay subcntractrs r supply vendrs wh were arranged by the Cntractr, and t hld the harmless frm such claims. Cntractr Page 7 f 12

8 9. The Cntractr agrees that the can withhld final payment until the Cntractr submits t the prf f payment t all subcntractrs and supply vendrs arranged by the Cntractr and that, until such prf is submitted, the Cntractr agrees t waive any right t file a lien against the s prperty fr any mnies claimed due frm the. 10. The Cntractr agrees t clean up after the hme imprvement wrk is dne. 11. The Cntractr agrees that if any Cntract is negtiated in Spanish, the Cntractr will prvide t the a cpy f the Cntract and three-day Ntice f Cancellatin Frm in Spanish. The Cntractr agrees that if the spke with the Cntractr in a language ther than English, the Cntract must be in English, as well as in the ther language. 12. In NYC, the is advised that he r she may file a cmplaint regarding the Cntractr s perfrmance r the jb by calling 311 r ging nline t Fr all ther areas, cntact the NY State Attrney General's Office. 13. The Cntractr prvided the with a separate dcument titled Cnsumer Bill f Rights n Cntracting fr Hme Imprvements when the first met with the Cntractr. A cpy f the Bill f Rights is attached. Cntractr Page 8 f 12

9 [This frm must be given separately t the cnsumer.] NOTICE OF CANCELLATION FORM (Enter date f transactin.) YOU MAY CANCEL THIS TRANSACTION WITHOUT ANY PENALTY OR OBLIGATION WITHIN THREE (3) BUSINESS DAYS FROM THE ABOVE DATE. IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED. IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD A CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY, IF YOU WISH, COMPLY WITH THE RETURN SHIPMENT OF THE GOODS AT THE SELLER S EXPENSE AND RISK. IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN 20 DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT. TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE TO AT NO LATER THAN MIDNIGHT OF. DATE I HEREBY CANCEL THIS TRANSACTION. Date Date Date Date s Signature s Signature s Signature s Signature Cntractr Page 9 f 12

10 Jnathan Mintz Cmmissiner Dial 311 (212-NEW-YORK) nyc.gv/cnsumers CONSUMER BILL OF RIGHTS ON CONTRACTING FOR HOME IMPROVEMENTS Hme Imprvement Cntractrs are required t be licensed by the New Yrk City Department f Cnsumer Affairs (DCA). ALWAYS ask t see a cpy f a Hme Imprvement Cntractr s r Salespersn s license issued by DCA. BEFORE YOU SIGN A CONTRACT, call 311 r visit t verify that a Cntractr s license is currently valid, t access the Laws f the City f New Yrk t learn abut the respnsibilities f Hme Imprvement Cntractrs, and t btain the Hme Imprvement Cnsumer Guide. A Cntractr MUST give yu a detailed written descriptin f the wrk t be dne and materials t be used, and a written itemized estimate f the cst f the wrk t be dne BEFORE yu sign a Cntract. A Cntractr may charge a reasnable fee fr an estimate, but the Cntractr MUST tell yu hw much the estimate will cst BEFORE prviding it t yu. A Hme Imprvement Cntract MUST be in writing and describe the hme imprvements t which yu agreed. The written cntract must be legible and in plain English. If yu spke with the Cntractr in a language ther than English, the Cntract must be in English, as well as in the ther language spken. Cntracts negtiated in Spanish must be in Spanish. The written Cntract must include the fllwing: The Cntractr s name as it appears n the license, license number, address, and telephne number. Cntractr Page 10 f 12

11 The date the cntract is signed. The apprximate starting and cmpletin dates fr the wrk, as well as any reasns the cmpletin date culd change. Yu have the right t insist that the Cntract entitle yu t cancel fr a full refund if the Cntractr fails t start the wrk within an agreed upn number f days after the stated cmmencement date. A specific descriptin f the wrk t be dne; the materials t be used, including brands, mdel numbers, and ther identifying infrmatin; and the price f each. A listing f all advertised representatins made by the Cntractr, including, but nt limited t, any guarantees r warranties. A payment schedule. If bth parties agree t a schedule f prgress payments, each advance payment must bear a reasnable relatinship t the wrk perfrmed, and each scheduled payment must identify and describe the wrk t be dne, materials purchased, r ther prject-related csts that such payment cvers. Yur Cntractr must depsit prgress payments int an escrw accunt. Each scheduled payment shuld nt be mre than 15,000 r 20% f the ttal amunt f the Cntract, whichever is the LOWER AMOUNT, and the next payment must nt be made until AFTER the wrk cvered by the previus payment has been cmpleted. A right t cancellatin clause in the Cntract prvided as a separate frm which says essentially: YOU HAVE A RIGHT TO CANCEL yur Cntract until midnight f the third business day after yu sign the Cntract. If yu wish t cancel, yu must d s in writing. Yur Cntractr must refund all payments made and cancel and return any Cntract r ther negtiable dcuments yu may have signed. Cntractr Page 11 f 12

12 VIII. COMMENCEMENT AND COMPLETION SCHEDULE Wrk will cmmence n: (date). The may cancel the Cntract if wrk is nt begun within days f this stated cmmencement date. Cnstructin time thrugh cmpletin date is apprximately t weeks/mnths (circle ne). Wrk will be cmpleted by: (date). Time is f the essence regarding this Cntract unless the has appended a handwritten statement that extends the wrk timeframe. Yes N: A handwritten statement by the is appended and time is nt f the essence. N extensin f time will be valid withut the s written cnsent. The fllwing events r cntingencies may impact the Cntractr s ability t perfrm: IX. CHANGE ORDERS/ADDITIONAL WORK Written Change Orders signed by bth parties are required fr any changes r additinal wrk. The Change Order shall state:. whether the change will increase r decrease the riginal Cntract amunt. the cst f the additinal wrk. the new ttal amunt f the Cntract the new ttal amunt f the Cntract The Cntractr shall prvide the with a cpy f the signed Change Order frm befre cmmencing the additinal r changed wrk. Except fr thse items specifically described in the Change Order, all ther Cntract terms shall remain unchanged. Payment fr additinal r changed wrk is due upn cmpletin f all f the additinal r changed wrk and submittal f an invice by the Cntractr. Cntractr Page 12 f 12