CONTRACT TERMS, SPECS  & WARRANTY

  1. All work shall be completed in a workmanship like manner.
  2. To the extent required by law all work shall be performed by individuals duly licensed and authorized by law
  3. Contractor shall furnish Owner appropriate releases or waivers of lien for all work performed or materials provided at the time the next periodic payment or final payment is received by Contractor.
  4. Owner shall provide  access,  electricity  and  water  (if  needed)  to  site  in  order  for  Contractor  to  perform contracted work.
  5. All change orders shall be in writing and signed by both Owner/Management and Contractor.
  6. Contractor warrants it is adequately insured for injury to its employees and others incurring loss or injury as a result of the acts of Contractor or its employees.
  7. Contractor agrees to remove all debris and leave the premises in broom clean condition.
  8. Contractor shall not be liable for any delay due to circumstances beyond his control including strikes, adverse weather conditions, casualty or general unavailability of materials, acts of neglect or omissions of Owner or Owner’s employees or  agents;  acts  of  God;  inclement  weather;  named  storms;  flood;  strikes,  lookouts, boycotts, or other labor union activities; extra work ordered by Owner; acts of public enemy, riots, or civil commotion;  inability  to  secure  materials  through  regular  recognized  channels;  imposition  of  government priority or martial law; war; embargo; or other events or circumstances outside of Contractor’s control. If the force majeure event continues unabated for 90 consecutive days, Contractor may, at his option, terminate this Agreement without liability.
  9. All excess material supplied to the job site and not incorporated in the work are the sole property of the Contractor.
  10. It is understood by both parties that it is sometimes impossible to match the color and texture of existing materials such as stucco, plaster, siding, molding, trim and roof materials, etc.  Contractor  will attempt to match existing conditions as best as possible.
  11. The contractor is  not  responsible  for  stress  cracking  of  plaster  and  /  or  interior  finished  of  the  existing structure caused by additional structural load imposed by the work which is contracted. Contractor shall not be responsible for loosening, creeks or nail popping when working against finished walls or ceilings. In the event of any repairs done by the Contractor, the contractor shall not be liable for any repairing or refinishing.
  12. The homeowner shall remove or protect personal possessions such as, but not limited to, removing pictures, antiques, valuables and other wall hanging objects from the opposite side of the walls being worked or, that may be affected by vibration that may be created. In general, UNITED GBC ought not to move any content. If Homeowner request such from UNITED GBC personnel, UNITED GBC is not responsible for any damages.
  13. The Homeowner shall permit the free use of electrical power for lighting and energy required for power tools to accomplish the work as well as access to the electrical service panel in the event a circuit / fuse is blown.
  14. The Homeowner shall remove all items[s] in and around the work area[s] and keep all persons and pets out of the work areas or any storage areas used  by the contractor during work.  Any delays caused by  non-compliance with this provision will be billed at the rate of [hourly rate here] per man-hour.
  15. The Homeowner shall  advise  Contractor  of  any  condition  on  the  property  that  may  affect  contractor’s performance or work.
  16. The Homeowner shall allow access to the premises by the contractor and/or its subs during normal working hours.
  17. The Homeowner shall allow the Contractor to park a utility trailer on the property for the duration of the construction.
  18. The Homeowner shall not throw any debris, unrelated to the construction, into dumpster without contractor’s permission.
  19. The Homeowner shall notify his insurance of this Agreement and obtain any necessary riders to its current coverage.
  20. The Homeowner agrees  for  Contractor  to  take  Photographic  Images  of  the  work  performed  at  the  Job location contracted and to use such Images for evidence of his work and abilities and also for Advertising purposes in Contractors Website and Printed Materials.
  21. The contractor shall keep all exterior areas within the general work area free of debris on a daily basis. Upon the completion of the project, the Contractor will leave the grounds as clean as they were prior to the start of the project.
  22. Upon completion of the project, the contractor shall leave the entire work area usable by the Homeowner; If work was performed interior this may include vacuuming floors, cleaning walls, doors, and woodwork if these items were part of contractor’s scope of work.
  23. The contractor is not responsible for stress cracks of existing stucco. More so, contractor is not responsible for stress cracks on new stucco applied on Cinder block or wooden structures, which is almost a certainty for stress cracks to appear within days of installation.
  24. Contractor is not responsible for structural cracks of any kind caused by Structural defects or faulty structural installations by others.
  25. The contractor is responsible for cracks on new stucco applied due to faulty stucco installation. Contractor will repair of fix any such issues including all materials and labor at NO additional cost.
  26. The Homeowner waives any and all claims for consequential damages against Contractor arising out of or relating to this Agreement, including, without limitation, loss of use, rental costs, or loss of time
  27. If contract termination is requested by the Homeowner or Client, UNITED GBC will agree to the termination at the following conditions: a) A minimum 25% cancellation fee of the total Agreement plus costs applies. In addition, all time and expenditure that any employee of UNITED GBC incurs will be billed at $ 180 per hour plus expenses to the Homeowner or Client. If material was ordered and supplier is willing to accept the re-stocking of such materials or equipment, there will be a restocking fee charged to the Homeowner equal to a minimum 20% of the materials ordered and re-stocked in addition to the initial minimum of 25% cancellation fee of the total Agreement amount. If materials or equipment are ordered and have not been delivered yet, then  the Homeowner  will  be  charged  the  cancelation  Fee  generated  by  the  Supplier  or  United  GBC.  If Materials or Equipment ordered cannot be re-stocked, they have to be charged 100% to the Homeowner and in addition, Homeowner has to take possession of such items or be charged for Storage. Homeowner and Contractor agree to accept such arrangement as reasonable and just compensation and settlement for said cancellation.
  28. Non-Solicitation – The  Homeowner  or  Customer of UNITED  GBC  understands  and agrees that  any attempt of his/her part to induce Employees or Subcontractors to leave their employment or contractual bond with UNITED GBC or interfere in  any  way  with their relationship with the  UNITED GBC or other service providers would be harmful and damaging to UNITED GBC. Therefor the Homeowner or Customer of UNITED GBC will not attempt in any way directly or indirectly to induce any employee or Subcontractor or Service provider to quite his/her relationship with UNITED GBC or interfere in any way with their relationship with UNITED GBC or its employees or Subcontractors or Service providers.
  29. It is the intention of the parties that this Agreement shall be enforced according to its terms, that neither party shall be considered the drafter of the Agreement for purposes of interpretation and enforcement, and that no provision of this Agreement shall be consented more harshly against either party as the drafter of the Agreement.
  30. If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited
  31. The parties hereto represent that they are lawfully authorized to execute this Agreement. The parties hereto further represent that they have read this Agreement in full before its execution and that they fully understand the meaning, operation, and effect of its terms.
  32. This Agreement shall survive the death, incapacity, and/or bankruptcy of Owner and shall be binding on Owner’s heirs, administrators, estate, successors, or assigns. Owner agrees not to contract with any other company, to process and/or submit any claims unilaterally, to cause others to submit claims on Owner’s behalf, or in any manner attempt to bypass or circumvent this Agreement.
  33. UNITED GBC reserves the right to issue a Change Order or terminate this contract at its discretion due to structural problems with the building, environmental hazards such as mold, asbestos or lead paint, other safety concerns, pricing error or because work required to complete the job was not included in the Contract
  34. Cash and  check  accepted  as  standard  payment  terms.  Additional  convenience  fees  may  apply  if alternative payment forms are approved
  35. ANY CLAIMS  FOR  CONSTRUCTION  DEFECTS  ARE  SUBJECT  TO  THE  NOTICE  AND  CURE PROVISIONS OE CHAPTER 558, FLORIDA STATUTES

TILE INSTALLATION GUIDELINES
1)  Any Quote for Tile installation in this Proposal include the Purchase of the Tile the setting materials and also the Installation, but because there are literally unaccountable size, shapes, materials and forms of Tiles we are find us forced (like almost everyone in the industry) to narrow our options to be manageable and to be able to base our quotes with the following criteria and conditions:
2)  Any Quote for Tile installation in this Proposal to be Only for so called NON-Rectified Tiles. (Rounded edge Tiles)
3)  All Rectified Tiles (square edge tile) such as many Marble Tiles to be installed at a higher per SF price. Exact quote to be calculated after actual tiles are selected
4)  Any Quote for Tile Installation in this Proposal Not to Include “odd” sizes or oversized Tile, such as less than 10” wide and or more than 20” long, or bigger that 18”X18” in total size or any “odd” shapes other than Square or Rectangular Tile.
5)  Any Quote for Tile Installation in this Proposal Not to Include any necessary prep or leveling work (if any required) Exact quote for any and all Prep work to be calculated after Tile Installer evaluates and assesses the Floor or Walls to be tiled.
6)  Floor & Walls Tiles selected from samples provided with an allowance of not to exceed $2.35 per SF for Floor  tile  and  $2,50  for  Wall  tiles  to  purchase  tile.  All  Labor  for  the  Installation  and  also  other  Setting Materials (such as Thin-Set and Grout) are included in our Quote

RESIDENTIAL PROPERTIES – FLORIDA HOMEOWNERS’  CONSTRUCTION RECOVERY FUND:
PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT  THE FLORIDA  CONSTRUCTION  INDUSTRY  LICENSING  BOARD  AT  THE FOLLOWING TELEPHONE NUMBER AND ADDRESS:
Division of Professions Construction Industry Licensing Board – 2601 Blair Stone Road, Tallahassee, FL 32399-0783, Phone: 850.487.1395

RECOVERY FUND:
PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT  THE FLORIDA  CONSTRUCTION  INDUSTRY  LICENSING  BOARD  AT  THE  FOLLOWING TELEPHONE NUMBER AND ADDRESS:
Division of Professions Construction Industry Licensing Board – 2601 Blair
Stone Road, Tallahassee, FL 32399-0783, Phone: 850.487.1395

RIGHT TO CURE:
FLORIDA  LAW  (CHAPTER  558,  FLORIDA  STATUTES)  CONTAINS  IMPORTANT  REQUIREMENTS  YOU MUST  FOLLOW  BEFORE  YOU  MAY  FILE  A  LAWSUIT  FOR  DEFECTIVE  CONSTRUCTION  AGAINST  A CONTRACTOR,  SUBCONTRACTOR,  SUPPLIER,  OR  DESIGN  PROFESSIONAL  FOR  AN  ALLEGED CONSTRUCTION DEFECT IN YOUR HOME. SIXTY DAYS BEFORE YOU FILE YOUR LAWSUIT, YOU MUST DELIVER  TO  THE  CONTRACTOR,  SUBCONTRACTORS,  SUPPLIER,  OR  DESIGN  PROFESSIONAL  A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE YOUR CONTRACTOR AND ANY SUBCONTRACTORS, SUPPLIERS, OR DESIGN PROFESSIONALS THE OPPORTUNITY  TO  INSPECT  THE  ALLEGED CONSTRUCTION  DEFECTS  AND  MAKE  AN  OFFER  TO REPAIR  OR  PAY  FOR  THE  ALLEGED  CONSTRUCTION  DEFECTS.  YOU  ARE  NOT  OBLIGATED  TO ACCEPT  ANY  OFFER  MADE  BY  THE  CONTRACTOR  OR  ANY  SUBCONTRACTORS,  SUPPLIERS,  OR DESIGN PROFESSIONALS. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER FLORIDA LAW.

ALTERNATE DISPUTE RESOLUTION:
Any and all disputes arise between the parties shall only be settles by Mediation and Arbitration. The following provisions apply should any dispute arise between the parties relating in any manner to this Contract, including, but not limited to: the meaning of this Contract; the enforceability of the Contract;the rights or obligations of any party  under  this  Contract;  the  performance  of  any  aspect  of  this  Contract  or  the  construction  work,  or  any disagreements regarding charges for extras or changes. If either the Owner or Builder requests, in writing, that a dispute be resolved by mediation, the other party must proceed to mediate the dispute(s). If mediation is requested, the mediation shall be conducted by the Licensed Arbitrator. The parties agree, in the even the dispute proceeds to mediation, that they will make a good faith effort to resolve their dispute(s) through the mediation process. The parties agree that they will abide by the Licensed Arbitrator policies and procedures. Proceeding to mediation  does not waive or affect the obligation of the  parties to resolve their  dispute(s) by arbitration in the event mediation is not successful. Any dispute which is either not referred to mediation or is not resolved  through  mediation  (other  than  enforcement  of  any  insured  warranty  plan),  shall  be  resolved  by arbitration. The arbitration shall be conducted by Construction Arbitration Services under the rules then in effect. Within thirty-days (30) of a written request for arbitration, each party shall select an arbitrator. If either party fails to select an arbitrator within this time frame. All arbitrators shall be persons with experience in the construction industry. The arbitration shall be conducted in accordance with the Florida Arbitration Code (Chapter 682, Florida Statutes); provided, however, the final hearing shall be held not more than ninety (90) days after the receipt of the  request  for  arbitration and  the  final  decision  shall  be  rendered  not  more  than  thirty  (30)  days  after  the conclusion of the final hearing. The decision of the arbitrator(s) shall be final and binding and may be enforced by any party in a court of competent jurisdiction in accordance with provisions of the Arbitration Act. Disputes arising under any warranty given in connection with the agreement shall be settled in accordance with the claims procedures and dispute settlement mechanism provided in that warranty, if any. The filing of the lien claim shall not be considered  an  election by the Builder  to  waive  its  rights  under  this provision.  [The  decision  of  the arbitrators shall be binding, final and may be enforced in accordance with the applicable provisions.]

LIEN LAW – IMPORTANT INFORMATION FOR YOUR PROTECTION:
ACCORDING  TO  FLORIDA’S  CONSTRUCTION  LIEN  LAW  (SECTlONS  713.001-  713.37,  FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS  AND SERVICES AND ARE NOT  PAID  IN FULL  HAVE  A  RIGHT TO  ENFORCE  THEIR  CLAIM FOR  PAYMENT AGAINST YOUR PROPERTY.  THIS  CLAIM  IS  KNOWN  AS  A  CONSTRUCTION  LIEN.  IF  YOUR  CONTRACTOR OR  A SUBCONTRACTOR  FAILS  TO  PAY  SUBCONTRACTORS,  SUB-SUBCONTRACTORS,  OR  MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN  IF  YOU  HAVE  ALREADY  PAID  YOUR  CONTRACTOR  IN  FULL.  IF  YOU  FAIL  TO  PAY  YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY.  THIS MEANS IF A LIEN  IS  FILED  YOUR  PROPERTY  COULD  BE  SOLD  AGAINST  YOUR  WILL  TO  PAV  FOR  LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER.” FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.

IMPORTANT INFORMATION FOR YOUR PROTECTION:
ACCORDING  TO  FLORIDA’S  CONSTRUCTION  LIEN  LAW  (SECTlONS  713.001-  713.37,  FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS  AND  SERVICES AND ARE NOT  PAID  IN FULL  HAVE  A  RIGHT TO  ENFORCE  THEIR  CLAIM FOR  PAYMENT AGAINST YOUR PROPERTY.  THIS  CLAIM  IS  KNOWN  AS  A  CONSTRUCTION  LIEN.  IF  YOUR  CONTRACTOR OR  A SUBCONTRACTOR  FAILS  TO  PAY  SUBCONTRACTORS,  SUB-SUBCONTRACTORS,  OR  MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN  IF  YOU  HAVE  ALREADY  PAID  YOUR  CONTRACTOR  IN  FULL.  IF  YOU  FAIL  TO  PAY  YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY.  THIS MEANS IF A LIEN  IS  FILED  YOUR  PROPERTY  COULD  BE  SOLD  AGAINST  YOUR  WILL  TO  PAV  FOR  LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER.” FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.

WARRANTY:
UNITED GBC offers a one-year limited Warranty on all of our new work including all Labor required to fix or replace any of the new work. Provided that the Homeowner pays the full amount due under the contract and any change orders and conditioned thereon to the fullest extent allowable by law, contractor guarantees that the work will be constructed in accordance with accepted home improvement practices, and it will be guaranteed against defects in workmanship and materials for a period of one (1) year from the date of its completion. This Limited warranty does not cover damages or defects that result from characteristics common to the materials used, or conditions resulting from condensation, expansion, or contraction of such materials. Warranty work will be completed within sixty (60) days from the date of receipt of a written request from Homeowner. “Please note that this Limited Warranty specifically excludes consequential and incidental damages and there are limitations in duration of implied warranties. This warranty is extended to the above Homeowner and is not transferable to succeeding  homeowners.  Contractor  hereby  passes  through  and  assigns  to  Homeowner  any  and  all manufacturer’s’ warranties on all appliances and equipment supplied by contractor in the home.” “Contractor specifically does not assume responsibility for any of the following items, each of which is specifically excluded from this Limited Warranty.” 1.  Natural  variations  in  grain,  texture,  and  /  or  color  of  the  wood.  Most  people  are  aware  of  the  “natural” characteristics  of  wood.  Since  no  two  trees  are  exactly  the  same,  wood  is  a  unique  materials  and  natural variations in grain, texture and color are the ingredients that cause the “beauty of wood.” These variations can also cause noticeable differences between the sample and finished installation. These grain and tone differences are a natural and acceptable condition of quality wood finishes and will be even more pronounced in a completed project.  My  suppliers  only  use  select  woods  to  ensure  their  quality.  2.  Defects  on  appliances  or  pieces  of equipment which are covered by manufacturers’ warranties are assigned directly to the Homeowner, and each manufacturer’s warranty claim procedure must be followed where a defect appears on those items. 3. Damage due to beyond ordinary wear and tear, abusive use, misuse or lack of proper maintenance of the home or its component parts or system. 4. Defects which are the result of a characteristic(s) common to materials used Such as, but not limited to: a) Warping or deflection of wood; b) Fading, chalking, and checking of paint or stain due to sunlight; c) Cracks in concrete due to drying and curing of concrete, plaster, brick or masonry; and d) Drying, shrinking, and cracking of caulking and weather stripping. 5. Work done or defects in items installed by Homeowner or anyone other than Contractor at contractor’s order. 6. Defects in items supplied by Homeowner. 7. Loss or injury due to elements. 8. Conditions resulting from condensation on or contractions of materials. All implied warranties including, but not limited to warranties of merchantability and fitness for a particular purpose, are limited to the one-year warranty period as set forth above. The homeowner is required to pay a service charge on any manufacturers’ products being serviced whether under warranties or not, unless such warranties have a labor clause providing for such labor. It the allowance is less than required, the homeowner must pay the difference. All warranties provided under this Agreement shall only become effective after contractor’s receipt of payment  in  full.  This  Limited  Warranty  is  the  only  expressed  warranty  given.  In  the  event  that  any  of  the provisions of this Limited Warranty shall be held to be invalid, the remainder of this provision of this Limited Warranty shall remain in full force and effect.

“Thank your Company and Eduardo for a job well done. Your men worked very hard and were incredibly polite. Many thanks!”

Susi Silesky

“Thank you very much for the fine job your people did on our house and for making the corrections and completions so quickly and efficiently. We are the envy of the neighborhood.”

E. Patterson

“We went with UNITED GBC because they were the most responsive of the three companies we received estimates from. They were the middle price though all of the prices were competitive and within 15% of each other.

Kelly Sim J.

“Just finished showing off our new paint job to a friend. We couldn’t be more pleased with the finished product or the process. You, Jose, and Carlo’s were all fantastic! They could not have been any more respectful to us or in how they treated our home. “

Pablo A.

“We are so thoroughly pleased with the work that was completed today in our front foyer and also on our bathroom ceiling! Victor and his reliable crew left my home impeccable. Their attention to detail and obvious knowledge of their craft was quite apparent.

Jeannie M.

“We’ve had APS doing extensive work both at our home and at our office building. They do excellent work, and are neat, clean, and fairly priced. They also are very responsive to calls and emails. They will be hired again.”

Laurent D.

“Nothing but extreme professionalism coupled with a high work ethic! Loved the attention to detail that your crew had with my home. They were friendly and most importantly, they left my home clean!”

Rose Gunther

“We would like to take this opportunity to let you know that your company rates second to none! Jose and his teams did an outstanding job at our home this week. They were polite, clean, and professional; their work was top-notch and above our expectations.”

The Campbells

“Your guys did great work and so I wanted to post the following review for your company. My ex had used your guys and had a good experience so I decided to give it a try when I bought a new house. Made appt & salesperson showed up on time and gave me a quote on the spot with a reasonable price.”

Thomas Y.

“We couldn’t be more pleased with the finished product or the process.”

Cindy K.