1. Pay­ment Terms. No cred­its or adjust­ments to the con­tract price shall be made unless mutu­al­ly agreed upon by Con­trac­tor and Own­er. Over­due pay­ments will bear inter­est at 1½ % per month, or the max­i­mum legal­ly per­mis­si­ble rate, whichev­er is less.

2. Indem­ni­fi­ca­tion. The Own­er shall indem­ni­fy and hold Con­trac­tor harm­less from all claims aris­ing out of the activ­i­ties under this Agree­ment, except for claims due to the sole neg­li­gence or wrong­ful act of Contractor.

3. Labor and Mate­r­i­al. Con­trac­tor shall pay all valid charges for labor and mate­r­i­al incurred by Con­trac­tor and used in the project, but is excused by own­er from this oblig­a­tion for bills received in any peri­od dur­ing which own­er is in arrears in mak­ing progress pay­ments to Con­trac­tor. Should Con­trac­tor fail to make any pay­ments required under this para­graph, own­er may make such pay­ments on behalf of Con­trac­tor; Con­trac­tor shall reim­burse own­er for the amount actu­al­ly paid on demand; but own­er shall not, by means of assign­ment or oth­er­wise, be enti­tled to col­lect any greater amount from Con­trac­tor than the amount actu­al­ly paid for labor or mate­r­i­al under this para­graph. No waiv­er or release of mechanic’s lien giv­en by Con­trac­tor shall be bind­ing until all pay­ments due to Con­trac­tor when the release was exe­cut­ed have actu­al­ly been made.

4. Haz­ardous Mate­ri­als. In the event Con­trac­tor encoun­ters on the job­site lead-based paint or any oth­er haz­ardous mate­r­i­al such as, but not lim­it­ed to, asbestos or poly­chlo­ri­nat­ed biphenyl (PCB) for which the Con­trac­tor has not been noti­fied in writ­ing pri­or to enter­ing into this Agree­ment, the Con­trac­tor shall imme­di­ate­ly stop work and shall not be respon­si­ble for the test­ing, removal, dis­pos­al, or ren­der­ing harm­less of such mate­r­i­al. Own­er agrees to hold the Con­trac­tor harm­less as to any lia­bil­i­ty result­ing from such mate­r­i­al. Any addi­tion­al cost, includ­ing over­head and prof­it, caused by these con­di­tions shall be reim­bursed to the Con­trac­tor as extra work.

5. Addi­tion­al Work. Should Own­er, con­struc­tion lender or any pub­lic body or inspec­tor direct any mod­i­fi­ca­tion or addi­tion to the work cov­ered by this Agree­ment, or should any addi­tion­al work be nec­es­sary due to unfore­seen con­di­tions, the cost of such work shall be added to the con­tract price. Con­trac­tor shall be com­pen­sat­ed for any such work at Contractor’s cur­rent rates for labor and mate­ri­als. Changes in the Agree­ment shall be evi­denced by a writ­ing signed by both par­ties. Expens­es incurred because of unusu­al or unfore­seen con­di­tions, includ­ing addi­tion­al expense due to delays and exten­sion of time to com­plete work, shall be paid for by Own­er as addi­tion­al work. No addi­tion­al or change order work shall be required to be per­formed with­out pri­or writ­ten autho­riza­tion of the Own­er. Any change order forms for changes or addi­tion­al work shall be incor­po­rat­ed in, and become a part of the Agreement.

6. Delay. Con­trac­tor shall be excused for any delay in com­ple­tion of the Agree­ment caused by acts of God, acts of own­er or owner’s agent, stormy weath­er, labor trou­ble, acts of pub­lic util­i­ties, pub­lic bod­ies or inspec­tors, extra work, fail­ure of own­er to make progress pay­ments prompt­ly, or oth­er con­tin­gen­cies unfore­seen by Con­trac­tor and beyond the rea­son­able con­trol of Con­trac­tor. At the time of com­mence­ment or after the com­mence­ment of work, if there occurs a delay which is not the fault of the Con­trac­tor and which requires the Con­trac­tor to cease work and restart at a lat­er time, Con­trac­tor shall be enti­tled to a charge for the actu­al cost of demo­bi­liz­ing and remo­bi­liz­ing its work crew.

7. Exist­ing Col­ors and Tex­tures. Where the project includes match­ing exist­ing paint and fin­ish col­ors and tex­tures, the Con­trac­tor can­not guar­an­tee exact match­es to such col­ors and textures.

8. Site Con­di­tions. Own­er rep­re­sents that exist­ing soils, struc­tures, walks, dri­ve­ways, roofs, and oth­er site con­di­tions are suit­able for the work to be per­formed and will sup­port Contractor’s mate­ri­als, labor­ers, equip­ment and vehi­cles and those of its Sub­con­trac­tors and Sup­pli­ers. Con­trac­tor has made no exam­i­na­tion beneath the sur­faces of the premis­es pri­or to exe­cu­tion of this Agree­ment and, except as express­ly includ­ed in the Spec­i­fi­ca­tions and Scope of Work, Con­trac­tor shall not be respon­si­ble for the pres­ence of or cor­rec­tion of unusu­al or unfore­seen site con­di­tions includ­ing, but not lim­it­ed to, vio­la­tions of build­ing codes or reg­u­la­tions, dry rot, ter­mite dam­age, exist­ing coat­ing fail­ure due to improp­er pri­or prepa­ra­tion work, or oth­er sim­i­lar con­di­tions. If Con­trac­tor encoun­ters unusu­al or unfore­seen site con­di­tions, Con­trac­tor may con­tin­ue with oth­er work or stop work and will noti­fy Own­er and, if mutu­al­ly agreed, the par­ties will exe­cute a Change Order rel­a­tive to these conditions.

9. Pre­ex­ist­ing Defects or Dam­age. Con­trac­tor shall not be held respon­si­ble for exist­ing defects or dam­age to the job site, such as cracked dri­ve­ways, scratched glass, rust­ed fix­tures, or dam­ages from pri­or leaks or repairs.

10. Dam­age to Hard­ware, Fix­tures and Roof­ing Mate­ri­als. Con­trac­tor shall not be respon­si­ble for dam­ages to exist­ing hard­ware and fix­tures that are removed as part of the project, nor to roof­ing mate­ri­als (includ­ing tiles) unless such dam­age occurs due to the neg­li­gence or wrong­ful act of Contractor.

11. Util­i­ties. The Own­er is respon­si­ble for pro­vid­ing, at Owner’s expense, elec­tric­i­ty, gas and water to the site as need­ed by the Contractor.

12. Access to Prop­er­ty. Con­trac­tor shall be giv­en free and com­plete access to all areas nec­es­sary for the per­for­mance of work. Own­er agrees to keep dri­ve­way clear and avail­able for move­ment and park­ing of trucks and oth­er equip­ment dur­ing nor­mal work­ing hours. Own­er shall secure per­mis­sion to work on or over adjoin­ing prop­er­ty at no cost to Con­trac­tor, if nec­es­sary. Own­er shall fur­nish, at no cost to Con­trac­tor, an appro­pri­ate space on the premis­es in which to store mate­ri­als and equip­ment dur­ing the course of work.

13. Owner’s Per­son­al Prop­er­ty. To the extent that the Own­er does not remove fur­nish­ings or items of per­son­al prop­er­ty, Con­trac­tor shall use rea­son­able care to move or pro­tect such items. How­ev­er, Con­trac­tor shall not be respon­si­ble for any dam­age to such items unless such dam­age occurs due to the gross neg­li­gence of Contractor.

14. Land­scap­ing. If the project involves exte­ri­or paint­ing, some dam­age to lawns, shrubs and oth­er land­scap­ing may occur due to use of lad­ders, over­spray, etc. Con­trac­tor shall use rea­son­able care to avoid dam­ag­ing land­scap­ing, but shall not be respon­si­ble for any dam­age to land­scap­ing unless such dam­age occurs due to the gross neg­li­gence of Contractor.

15. Dam­age to Project. If the project is destroyed or dam­aged by an acci­dent, dis­as­ter or calami­ty, such as fire, storm, flood, land­slide, sub­si­dence or earth­quake, or by theft or van­dal­ism, any work done by Con­trac­tor in rebuild­ing or restor­ing the project shall be paid for by Own­er as addi­tion­al work.

16. Right to Stop Work. Con­trac­tor shall have the right to stop work if any pay­ment shall not be made to Con­trac­tor under this agree­ment; Con­trac­tor may keep the job idle until all pay­ments due are received.

17. Lim­i­ta­tions. No action aris­ing from or relat­ed to the agree­ment, or the per­for­mance there­of, shall be com­menced by either par­ty against the oth­er more than two years after the com­ple­tion or ces­sa­tion of work under this con­tract unless cov­ered by the war­ran­ty set forth here­in. This lim­i­ta­tion applies to all actions of any char­ac­ter, whether at law or in equi­ty, and whether sound­ing in con­tract, tort or oth­er­wise. This lim­i­ta­tion shall not be extend­ed by any neg­li­gent mis­rep­re­sen­ta­tion or unin­ten­tion­al con­ceal­ment, but shall be extend­ed as pro­vid­ed by law for will­ful fraud, con­ceal­ment or misrepresentation.

18. Con­se­quen­tial Dam­ages. Con­trac­tor shall not be liable for inci­den­tal or con­se­quen­tial dam­ages (such as dam­age or loss of use of the build­ing and its con­tents, loss of time and incon­ve­nience) aris­ing out of the work to be per­formed under this agree­ment or any claimed breach of this agreement.

19. Attor­ney Fees. If either par­ty becomes involved in lit­i­ga­tion aris­ing out of this con­tract or the per­for­mance there­of, the court in such lit­i­ga­tion, or in a sep­a­rate suit, shall award rea­son­able costs and expens­es, includ­ing attor­ney fees, to the pre­vail­ing par­ty. In award­ing attor­ney fees, the court will not be bound by any court fee sched­ule; but shall, if it is in the inter­est of jus­tice to do so, award the full amount of costs, expens­es and attor­ney fees paid or incurred in good faith.

20. CleanUp. Upon com­ple­tion of the work, Con­trac­tor will remove debris and sur­plus mate­r­i­al from owner’s prop­er­ty and leave it in a neat and broom-clean condition.

21. Stan­dards. All applic­a­ble stan­dards adopt­ed by the Paint­ing and Dec­o­rat­ing Con­trac­tors of Amer­i­ca shall be incor­po­rat­ed into this Agreement.

22. War­ran­ty. There are no war­ranties, express or implied, except as set forth in this agree­ment and attached hereto.

23. Notice. Con­trac­tors are required by law to be licensed and reg­u­lat­ed by the Contractor’s State License Board which has juris­dic­tion to inves­ti­gate com­plaints against con­trac­tors if a com­plaint regard­ing a patent act or omis­sion is filed with­in four years of the date of the alleged vio­la­tion. A com­plaint regard­ing a latent act or omis­sion per­tain­ing to any struc­tur­al defects must be filed with­in 10 years of the date of the alleged vio­la­tion. Any ques­tions con­cern­ing a con­trac­tor may be referred to the Reg­is­trar, Contractor’s State License Board, PO Box 26000, Sacra­men­to, Cal­i­for­nia 95826. Fail­ure by the Con­trac­tor with­out law­ful excuse to sub­stan­tial­ly com­mence work with­in 20 days of the approx­i­mate start date spec­i­fied in the Sched­ule sec­tion of this Agree­ment is a vio­la­tion of Con­trac­tors State License Law.

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    Phone (858) 454-3850
    7958 Convoy Ct
    San Diego, CA 92111
    CA Contractor Lic #491884
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