- All work will be done on a quarterly basis.
- Service will be charged prior to scheduled appointment.
- Snow removal will be billed at pre-determined rates based on snowfall amount.
- Snow removal is available only to clients who live in zip codes 22314, 22301, 22302 and 22305.
- Service is not guaranteed to clients who request service within 48 hours of a given snowfall.
- All removal will be completed within a reasonable amount of time in times of snowfall in excess of 12”.
- Removal will not take place between the hours of 9pm and 6am.
- Snow removal will occur unless client has informed us 24 hours in advance.
- We will exercise reasonable care to avoid damage to pavement, curbs, trees, and shrubs. However, we cannot be held responsible for any damage to landscaping caused by the piling of snow; damage to items that are snow covered or not visible; damage caused by equipment when tree, shrub, and sidewalk areas are not reasonable well delineated due to snow accumulation; personal injuries resulting from slip and fall accidents; and/or Acts of God, including but not limited to extraordinary weather conditions.
Time and Materials Contracts
- Time and materials (T&M) means that the total contract amount is based on the estimated number of labor hours and material costs necessary to complete the scope of work.
- T&M estimates are billed on an hourly basis, and can be expected to vary approximately 10-15% over or under the totals listed above due to circumstances beyond Contractor’s control. It is not a fixed-price contract. If Contractor encounters any conditions in the field that would lead to costs increasing beyond that approximate range, every attempt to contact Owner and discuss options will be made prior to proceeding, as long as safety is not a concern.
- The estimated cost includes an hourly labor rate and a set markup on materials and subcontractor costs.
- The estimated cost is based on material allowances. The cost will be adjusted based on final Owner selections.
- Work will not start without a signed agreement.
- A deposit is due upon delivery of a signed contract.
- Payment is due upon receipt of any invoice.
- Final payment is due upon completion of contract and original written punch list. Final payment will not be withheld for warranty claims.
- Contractor may stop work for any delinquent payment. Work will resume when all outstanding payments are received in full and Harry Braswell, Inc. and/or subcontractor has available slot in schedule.
- Delinquent payments shall bear interest from due date at a rate of 1.5% per month.
- Owner agrees to pay all costs, including Contractor’s legal fees, arising out of Owner’s failure to make payment as required by the Contract.
- If a contract balance is not paid after reaching substantial completion, a mechanic’s lien will be filed on the property within 90 days of the last unpaid billing.
- Payments may be made via any of the following methods: personal check, cashier’s check or bank check, certified check, credit card. A fee of 4% will be added to the payment amount for all transactions made by credit card.
- The Contractor shall not be responsible for events beyond the Contractor’s control, including, without limitation, weather conditions, floods or other Acts of God, delay in deliveries, fire or casualties, delays due to changes in the work, electrical power failures, labor disputes, shortages of labor or materials, and nonperformance by subcontractors, suppliers or other third parties. Delays caused by such events do not constitute abandonment and are not included in calculating time frames for payment or performance.
- The term “completion” means the stage in the progress of the work when the work is sufficiently complete in accordance with the Contract so that the Owner can occupy or utilize the work for its intended use.
- Design assistance will be billed hourly. Design assistance can include, but is not limited to, drawings, elevations, material and fixture selections (cabinets, tile, paint colors, lights, plumbing, etc.).
Changes in Work
- No additional work above contract scope or changes to contract scope will be done until signed change proposal form is received unless safety is a concern.
- Any work requested by Owner in addition to the written scope will cause an increase in the estimated cost and completion time for the project.
- Unforeseen conditions may result in extra costs. Owner authorizes Contractor to correct without prior notification any condition requiring up to twenty four (24) man-hours labor over the scope of work. All extra labor so authorized will be documented and incorporated into a change order. Owner agrees to sign all such change orders. Change orders issued in accordance with the provision of the General Conditions shall be paid for when they are submitted to the Owner.
- Any management time involved in assisting with design issues or change orders will be billed at $50.00 per hour.
- Any work required bringing existing plumbing, electrical or HVAC systems to code which are not noted in drawings or included in scope of work will be an extra cost to the Owner.
- Change proposals which will add time to the contract may also result in additional costs for general conditions covering toilets, rentals, additional trips for materials and other such items.
- Unforeseen items such as galvanized or inadequate piping in walls, deficient framing in floors, walls or ceilings, dangerous or inadequate electrical circuitry in walls and ceiling are not included in this proposal and will be extra to the Owner to correct.
- Allowance items have a specific dollar amount included in the contract for that item which may not represent the final cost. It is an allowance because the actual cost could not be established by the time the contract is written. Once the cost is finalized through a further definition of scope, Owner selections, etc., the difference between the allowance and the actual cost will be added to the contract amount.
- Material Allowances – Materials which are covered or included by an allowance shall be selected by Owner, then purchased, delivered and installed by Contractor. Contractor will exercise its reasonable best efforts to account for allowances prior to materials being ordered. However, Owner shall be responsible for paying Contractor for all costs which exceed the allowances.
- Subcontract Allowances – Subcontractor allowances may be exceeded due to additions to or changes in scope of work, changes in materials selections, design considerations and unknown existing conditions. Contractor will exercise due diligence in accounting for subcontractor allowances and/or researching other sub-contractors. Owner shall be responsible for paying Contractor for all costs which exceed subcontractor allowances. Contractor shall not be liable for project delays due to hiring new subcontractors, if necessary.
- All allowance items shall be accounted for separately by Contractor as the work progresses.
- Materials – All materials are guaranteed to be as specified and to carry manufacturer’s warranty. Contractor warrants to Owner that materials and equipment furnished under the Contract will be of good quality and new, unless otherwise required or permitted by the Contract.
- Workmanship – All work will be completed in a neat and workmanlike manner. Contractor warrants that the work will be free from defects not inherent in the quality required or permitted, and that the work will conform to the requirements of the Contract.
- Contractor’s Warranty – Contractor warrants that if any materials or workmanship is found to be defective within one (1) year of substantial completion of the project, the defective material(s) and/or workmanship will be replaced or repaired at Contractor’s option for no additional cost to Owner. Contractor’s warranty excludes remedy for damage or defect caused by abuse, modifications not executed by Contractor, improper or insufficient maintenance, improper operation, and/or normal wear and tear.
- Contractor shall maintain insurance for protection from claims under workers’ compensation acts and other statutory employee benefit acts which are applicable, claims for damages because of bodily injury, including death, and for claims for damages, other than to the work itself, to tangible property which may arise out of or result from Contractor’s operations under the Contract.
- Owner shall maintain property insurance, including builder’s all-risk insurance, during the term of the Contract and until final payment. This insurance shall include the interests of the Owner, Contractor, and Contractor’s subcontractors and suppliers.
- Arbitration – All claims or disputes between Owner and Contractor arising out of or relating to a contract shall be decided by binding arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association(‘AAA”) then in effect unless the parties mutually agree otherwise.
- Arbitration shall take place in Alexandria, VA.
- Notice of a demand for arbitration shall be filed in writing with the other party to this Agreement and with the AAA.
- The party who substantially prevails shall be entitled to recover all costs of the arbitration, including its attorney’s fees.
- Contractor – To the fullest extent permitted by law, Contractor shall indemnify and hold harmless Owner, against claims, damages, losses and/or expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself) including loss of use resulting therefrom but only to the extent caused by negligent acts or omissions of Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable.
- Owner – To the fullest extent permitted by law, the Owner shall indemnify and hold harmless Contractor against claims, damages, losses and/or expenses, including but not limited to attorneys’ fees, provided such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of tangible property, including loss of use resulting therefrom, but only to the extent caused by the negligent acts or omissions of the Owner or anyone directly or indirectly employed by the Owner or anyone for whose acts the Owner may be liable.
- Sole Contractor – Contractor shall be responsible to Owner for the acts and omission of Contractor’s employees, subcontractors and other people performing portions of the Work under contract with Contractor. In accordance with this agreement, only Contractor may employ subcontractors. Agreements made between Owner and subcontractors or mechanics on the job are not recognized.
- Code Compliance – Contractor shall comply with all local requirements for building permits and inspections. Contractor shall also comply with all local zoning requirements, if any, applicable to the work, provided the Owner has notified Contractor of same in writing prior to execution of the contract. In no event shall Contractor be responsible for securing approval of any rezoning, special permit, special exception, variance, Board of Architectural Review or other local zoning approval applicable to the work. Unless otherwise provided, any costs for complying with local zoning requirements shall be a change order to the contract.
- Supervision – Contractor shall supervise and direct the work using its best skills and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the work under a contract unless excused under a contract or by the written direction of Owner.
- Buried Utilities – Contractor is not responsible for damage to unmarked buried utilities, including sprinkler systems of any type.
- Cleanup – Contractor shall keep the project site and surrounding area free from accumulation of waste materials or rubbish caused by operations under the contract.
- If project is to be occupied during construction, owner must assume responsibility for professional level of cleaning throughout the project. Contractor will vacuum, sweep and wipe areas as needed.
- Contractor will sweep and wipe clean the affected premises upon completion. Residual construction dust may continue to settle for several weeks, for which we cannot be responsible. A professional level of cleaning may be required upon contractor’s completion, by owner and at owner’s expense.
- Contractor reserves the right to use subcontract labor or trades without prior notice or approval.
- Approvals and Decisions – Owner agrees to exercise its best efforts to enable Contractor to perform the work in the best way and most expeditious manner, including, without limitation by promptly furnishing information and making decisions so as not to delay the progress of the work.
- Authorizations – Unless otherwise provided herein, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of the work. The Owner shall also secure and pay for all required approvals and authorizations from Owner’s Associations, Condominium Associations, Boards of Architectural Review or other organizations whose approval or authorization is required for the work.
- Utilities – At all times during performance of the Work, Owner shall provide and maintain, at Owner’s sole expense, water and electrical service to the project site.
- Pets & Children – The Owner shall keep pets and children clear of the work area. The Owner shall board all pets away from the work site if necessary. Contractor is not responsible for any costs incurred by Owner for the care of pets and/or children.
- Furnishings & Personal Property – The Owner shall remove all breakable objects from the work area, and adjacent walls. The Owner shall remove belongings and furnishings from work area, or arrange such that they do not hinder the work and may be easily covered. The Contractor shall make reasonable efforts to protect and avoid furnishings adjacent to work area. The Owner agrees to hold the Contractor harmless for any damage to furnishings or valuables that occurs as a result of the construction process.
- Contractor is not responsible for damage to or warranty on owner-supplied materials. If owner-supplied materials are damaged or missing parts, Owner must provide broken or missing pieces in order for contractor to repair or replace. Any added time spent reinstalling, repairing or replacing fixtures will be billed on a time and material basis, plus an administrative fee of $50 each occurrence.
Other Terms and Conditions
- Agreements made between the Owner and subcontractors or employees on the job without consulting the Project Manager are not recognized.
- No statement, arrangement or understanding, expressed or implied, not contained in writing herein or in a signed change proposal form will be recognized.
- All lighting and plumbing fixtures, including their locations, shall be selected and confirmed in writing before the project will be scheduled. Any changes to the fixtures schedule or fixture locations may involve additional labor and/or administrative costs. All changes must be in written form and signed by Owner. Any special order items may be difficult or impossible to return. Owner will incur any and all costs involved in returning these items.
- No trades will be hired directly by Owner unless agreed to by Contractor. If any other trades are sub-contracted privately, Contractor is not held responsible for the quality of Owner-hired subcontractor work or their effect on the quality of the work. Contractor is also not to be held liable for Owner-hired subcontractor’s warranty, trade permits, materials, schedule, lost/damaged/stolen items, or subcontractor’s effect on the overall timing/scheduling of the job.
- Contractor is not responsible for variations in the color or texture of natural products selected by the Owner, including but not limited to granite, marble and wood.
- Termination of Contract – Either party shall be entitled to terminate this contract for any reason or no reason at any time by written notice to the other party effective upon receipt. Upon termination of the contract by Owner or Contractor, the Owner shall pay the Contractor the portion of the contract sum, including additions and deductions, if any, equal to the contract value of the work performed prior to the date of termination, including, without limitation, materials purchased for incorporation into the work, liabilities to subcontractors and suppliers, and close-out costs.
- Amendments – Any modification to this Contract which changes the cost, materials, work to be performed, or estimated completion date must be in writing and signed by Contractor and Owner. Any refusal or failure of a party to do so shall be subject to mandatory arbitration as provided herein.
- Complete Agreement – This contract represents the entire agreement between the parties with respect to the matters covered herein. No other agreements, representations, warranties, or other matters, oral or written, shall be deemed to bind the parties hereto.
- Financial Arrangements – If requested by Contractor, the Owner shall, as a condition to commencement or continuation of the work, furnish the Contractor with reasonable evidence that financial arrangements have been made to fulfill the Owner’s obligations under the contract.