Terms of Conditions

This contract for services is effective as of DATE, by and between, NAME AND ADDRESS OF CLIENT, often referred to as the “Owner “and Johnson Built License # of 29139 Twin Harbor Dr Menifee Ca 92585 herein referred to as the “Contractor”.

 

1.  Description of Services: 

   1. Beginning on START DATE Johnson Built under License #1120255 will begin services listed and as in Section II.

      1. Please note with projects requiring approved plans from any governing city, your project will start withing 30 days of receiving city approval.  ​

 

1. Scope of work

   1. Labor& Materials:  Contractor will furnish all labor & materials; equipment, supervision, and contract administration to be completed in a good workmanlike manner for the following: Alterations to property located at PROPERTY ADDRESS  The project known as “PROJECT NAME” is described below in the scope of work and in full detail in the drawings and remodel plan by Vongé (designer) after design selections. Those details and drawings are not included in part of this contract until final design details are established.  Johnson Built will start with the structural decisions as indicated on the stamped plans provided by client. We are providing a Labor & Materials service where all materials will be purchased by contractor.  Contractor’s scope of work under this contract does contain brands, dimensions, colors of materials used and purchased by contractor and principle designer at Vongé Designs once determined by client during the design process.

   2. Labor Only- Owner agrees to have all materials ready, onsite, and available at the start of the project.  Any materials delay will result in a change order for extending labor hours to be paid by owner. See change orders policy in section IV-c. (LABOR ONLY)

   3.  All miscellaneous receipts for this project will be turned in by the project completion date for reimbursement.  Receipts shall not exceed $ for this project.   (LABOR ONLY)

   4. Scope of Work Details:

   5. Scope:  General Scope Summary.  If the project requires plans Johnson Built will build and facilitate according to the details describe in approved plans as set forth by the governing city and construction building codes.

   6. Prep, Planning & Design: The provided estimate outlines the scope of work we've identified. Anything not listed in the estimate will not be included in the project.

      1. Portable Potty will be placed on the property for the construction team with a weekly cleaning service if an restroom is not available for CC employees.

      2. Trailer or dump truck will be placed on property during the demo and construction phase as needed.

   7. Demolition: The provided estimate outlines the scope of work we've identified. Anything not listed in the estimate will not be included in the project.

   8. Remodel:

      1. Electrical: The provided estimate outlines the scope of work we've identified. Anything not listed in the estimate will not be included in the project.

      2. Carpentry: The provided estimate outlines the scope of work we've identified. Anything not listed in the estimate will not be included in the project.

      3. Windows and Doors: The provided estimate outlines the scope of work we've identified. Anything not listed in the estimate will not be included in the project.

      4. Appliances: The provided estimate outlines the scope of work we've identified. Anything not listed in the estimate will not be included in the project.

      5. Roofing: The provided estimate outlines the scope of work we've identified. Anything not listed in the estimate will not be included in the project.

      6. Ceiling: The provided estimate outlines the scope of work we've identified. Anything not listed in the estimate will not be included in the project.

      7. Painting: The provided estimate outlines the scope of work we've identified. Anything not listed in the estimate will not be included in the project.

      8. Cabinetry: The provided estimate outlines the scope of work we've identified. Anything not listed in the estimate will not be included in the project.

      9. Flooring: The provided estimate outlines the scope of work we've identified. Anything not listed in the estimate will not be included in the project.

      10. Plumbing: The provided estimate outlines the scope of work we've identified. Anything not listed in the estimate will not be included in the project.

      11. Completion:

          1. Cleaning:  If there is a complimentary cleaning, please note that dust floats.  A cleaning will initial dust and debris.  This is not a full home cleaning.  Please not that even after the cleaning there may be dust that settles, it is not the responsibility to provide continuous cleaning service.

   9.  Description of Materials

      1. Materials are pre-purchased, designed, measured and planned by or Designer & Contractor. 

      2. Changes to materials whether size, color, or shape after it has been approved by client will result in a material change fee of $75.00 plus any applicable restocking fees.

      3. Please note if your estimate is more than 3 months old, the cost of materials may change due to inflation and industry shortages.  Owner will absorb changes in material cost, and a change order in the price adjustments will be sent.

   10. Contract Price

       1. Owner shall pay the fixed sum of $Amount (the contract price”) for the work to be performed under this contract, subject to the additions and deductions pursuant to change orders agreed upon in writing by the parties and subject to “allowances”.

       2. Payments should be made to Johnson Built of 29139 Twin Harbor Dr Menifee Ca 92585

       3. Acceptable Payment methods are money orders, checks, and cashier’s checks with no fees.

       4. Clients who wish to pay by credit or with a debit card will be subject to the 3.2% payment processing fees.  An invoice will be sent to capture the electronic payment.

       5. The owner shall follow the outlined Payment Schedule beginning with the down payment as described in section IV.

       6. If a cash price has been offered, any non-cash payment will result in paying the full price.

   11.  Down Payment, Payment Schedule & IncidentalsDown Payment

       1.  The down payment may not exceed $1,000.00 or 10% of the total value of the contract price of $Contract Price

       2. Down payment is due upon signing of the contract: $1,000.00 and is non-refundable.

   12. Payment Schedule

       1. Payments will align with the inspection calendar and timeline. There will be no specific due date set in the contract; instead, please refer to the timeline for payment deadlines. The timeline provides a detailed breakdown of the amounts due and specifies what each payment will cover. Please see the timeline attachment for details about phases

          1. Phase 1 Payment:  $Amount See attached payment summary: Generally, When purchasing materials payment is due ten business days before the start of the job.

          2. Phase 2 Payment:  $Amount See attached payment summary.

          3. Phase 3 Payment:  $Amount See attached payment summary.

          4. Phase 4 Payment:  $Amount See attached payment summary.Which is less the $1,000.00 punch list payment.

          5. Final Payments may be broken down into 2 payments.  Final payment 1 will be less $1,000.00 and will be payable after the punch list has been completed. A punch list is a list of possible repairs or tweaks that come up after a full remodel or project has been completed, for the original scope of work.  Any changes or additions will result in a change order.  Johnson Built will return 10-14 days after completion to finish all punch list.  This $1,000.00 is for the client’s peace of mind that their project will be completed in its entirety.

   13.  Unforeseen Work, Charges, and Incidentals: Any work that is needed due to unforeseen conditions will be assessed and additional to the labor /material cost.  Additional labor and materials will require a change order form detailing the service and labor cost. 

       1. All change order invoices must be paid immediately unless noted by Johnson Built

       2. All project details are listed in this contract; there will not be any additional work performed without proper consent and/or payment.  The scope of work is used as a guide to complete all tasks.  Anything extra will result in a change order.

       3. It is recommended that you have 10%-20% of the overall budget cost, to cover any unforeseen damages, plan changes, or repairs not originally accounted for during the estimating process.

       4. If the client causes any delays, a daily fee of $1000 will be imposed, with a cap of 5 days for such charges. This means that if the client's actions or decisions lead to project delays, they will be responsible for paying an additional fee of $1000 for each day the project is delayed, up to a maximum of 5 days.  The initial day of delay will additionally result in equipment chargers and additonallabors if applicable.

       5. *NOT INCLUDED IN THE ESTIMATE IS ANY UNFORESEEN DAMAGES THAT CAN ONLY BE ASSESSEED AFTER DEMOLITION.

   14.  Payments and Refunds

       1.  Non-Payment:  If “Owner” fails to pay for the services when due, Johnson Built has the option to treat such failure to pay as a material breach of this contract and may seek legal remedies and/or cancel this Contract.

       2. Returned Payments:  Johnson Built shall process returned check and ACH payments based on notification from the Chase Bank. A $150.00 returned check fee will also be assessed. Payments returned due to insufficient funds must be replaced with a cashier’s check, money order or credit card. Payees may replace an electronic check payment returned due to invalid routing and/or account information or a closed account with another electronic check from a different account. Following a second returned payment, Johnson Built will no longer accept personal checks or electronic checks from the payee.

       3. Cancellations & Refunds

   15. The Contractor/Client has the right to cancel this Contract; without any penalty or obligation within three (3) business days after signing contract by ordinary postal mail or email not later than midnight of the third business day of signing this agreement.  Any.  Cancellations must be made in writing (email is fine) within 3 days, will result in 100% refund of deposit and cancelled from our calendar.

   16. Completion Time

       1. Completion Time: The parties agree that time is of the essence, and therefore the work to be performed under this contract shall be take # of days, working days (Monday-Friday)  from the initial start day of start date as determined after received deposit and final plan approval. 

       2. Please note: Timeframe does not include off time for inspections or inclement weather

       3. Work Week:  Our typical workweek is Monday-Friday, unless changed due to circumstances that cannot be altered such as dumpster arrival date for demo.

       4. Alternate work week Details

          1. Work Day:  Our day will begin at 7:00am and end at 3:00pm. If you would like to begin later, please let us know.

          2. Some days we may need to stay later to complete a task we were working on.

          3. Some days we may leave early to prep for the next day with materials.

   17.  Insurance 

       1. Contractor warrants it is adequately insured for injury to its employees and any others incurring loss or injury as a result of the acts of Contractor or its employees and subcontractors. 

       2. Our contractor’s license, bond, workman’s comp insurance and liability insurance verification & information available upon request.

   18.  Warranty

       1. Warranty information will be provided upon completion of the project/job.  A warranty packet shall be sent via DocuSign no later than 10 business days after completion job.

       2. For all new installations and “New” work, Cartwright warranties its labor for 1 year.

       3. For all repair work, Johnson Built warranties its labor for 90 days unless other specified.

       4. All materials are subject to the manufacturer’s, if any, warranty and will be provided.

   19. Insurance Claims

       1. Johnson Built can complete insurance claim jobs; however, Johnson Built must be notified before starting the job of who is financially liable for payments. The insurance company must approve all work and prices before work begins.  Johnson Built will not honor insurance job, if there isn’t prior approval from insurance company.  Client will be held financially responsible for all timely payments as outlined in this contract, in failure to notify.

   20. Modifications

       1. All changes to Services shall be in writing and signed by both Owner and Contractor, known as a change order.  A change order will be submitted and must be approved by the client in order to move forward.  If a client wishes to decline the change order, the client will sign off on the possible effects of not completing changes.  The conditions will be noted, and images captured and will be provided to the client.

   21. Material costs change due to inflation: 

       1. Your estimate was based off costs noted today.  Please note that with the ever-changing economy there may be additional costs associated with materials.  Inflation costs will be the financial responsibility of the client.

   22.  Miscellaneous

   23. Delays: 

       1. Please note any delays not caused by Johnson Built will result in a $1,500.00 per day charge, maximum 5 days.  Johnson Built has the right if delays are in excess of 5 days to accept another “small job” in place of missing work. Please note Johnson Built is not responsible for material delays outside of our control such a s unforeseen shipping delays.

   24. Personal Items. 

       1. Please make sure all valuables, whether monetary or sentimental, are secured.  Johnson Built is not responsible for misplaced items.

   25. Recorded Calls and Zooms:

       1. Kindly note that all phone calls and Zoom meetings are recorded for quality assurance purposes. If you prefer not to have your calls recorded, please communicate with us via email. We are committed to fulfilling our clients' preferences and establishing accountability in our interactions. Additionally, recording our communications helps ensure that our clients fully understand the information we convey to them. Your satisfaction and comfort in our communication methods are of utmost importance to us. Should you have any concerns or questions, please feel free to reach out at any time. We value your input and aim to provide the best service possible.

   26. Arbitration

       1. All disputes hereunder shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association.  The decision and award of the arbitrator shall be final.  The costs of such proceedings shall be borne equally by both parties27.  

       2.   Right to Lien

          1. This contract includes a notice of our right to file a construction lien against your property if we are not paid for the services and materials provided in accordance with this agreement. Under the law, contractors, subcontractors, and suppliers have the right to claim a lien against your property if they are not paid. This lien may lead to legal action to force the sale of your property to satisfy the debt.

          2. To avoid this situation, it is crucial that you make payments promptly and in accordance with the payment schedule outlined in this contract. If you have any concerns or questions regarding payments or the progress of the project, please do not hesitate to contact us immediately. We are committed to resolving any issues promptly and professionally.

          3. Please note that by signing this contract, you acknowledge your understanding of our right to file a construction lien for unpaid services and materials, and you agree to abide by the terms and conditions of this agreement, including the payment schedule.