Painting Agreement.

Contract Agreement

This Agreement is effective at the moment of signing and dating between The 4T Construction, LLC Hereinafter called the Contractor & client hereinafter called the owner or person in charge signing this contract. Witnessed that the contractor and the owner for considerations named agree as follows: ENTIRE AGREEMENT: This agreement contains the entire understanding between the COMPANY and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so by signing a new contract addition form from all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.

RESERVATION & PROPERTY OWNER RIGHTS: A signed contract is required and 50% of the total may be/is required to sign this contract. If the service(S) are rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, there will be a $500 retainer fee and it is non-refundable and shall be liquidated damages to The 4T Construction LLC. The CLIENT shall also be responsible for payment for any of the COMPANY’s materials charges incurred up to time of cancellation. The owner has the right to receive the products and services agreed to in this contract. Right to cancel: Owner has 24 hrs from the date of this contract to request that the contractor cancel this contract without incurring any additional fees. This cancellation request must be in writing/by email or first-class mail. If this contract is cancelled at any other time for any reason, the contractor shall charge a flat cancellation fee of $500 and have the right to claim benefit of the bargain in addition to reliance damages.

SERVICE SCHEDULE: The client agrees to confirm to make a notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt or email must be obtained from the COMPANY by the CLIENT.

SAFETY: The COMPANY reserves the right to terminate coverage and leave the location of the service(S) if the personnel from the COMPANY experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the location(S); or in the event that the safety of the personnel from the COMPANY is in question. PART 2: The 4T Construction LLC is not responsible for any risk of injury or harm involved during the service for personnel who are not our company’s employees.  The 4T Construction LLC recommends and requires persons, pets or personal belongings exclusion in the area of work during the service execution hours. Person or entity requesting the service will be held accountable to notify the resident to vacate the premises. If you fail to notify the resident, or the resident does not follow safety instructions, we will refuse to work.

Article 1. Scope of work

Please state and discuss these two options with client and have it in writing.

Option 1: The contractor shall furnish the materials and performs all work described in the specifications entitled Exhibit A, as annexed hereto as it pertains to work that will be performed on the property.

Option 2: The contractor shall give the option of proving an estimate for labor only for work.

Article 2. Time of completion

The work to be performed under this contract shall be commenced on or after all painting materials have been delivered successfully. Painting scheduling date may take up to 8 days to be started after all painting materials have been delivered. Note: Work can be delayed if we are waiting for issuance and/or release of appropriate and corresponding building permits when required. Owner is responsible for obtaining and paying for any work permit.

The work will be considered substantially completed when the followings conditions are met: when work is ready for final walk-through with the client but before punch list is addressed.

Article 3. Contract Price

The client shall pay the contractor the total sum as agreed and described below.

This price is subject to addictions and deductions pursuant to authorized and agreed change orders by both parties.

Article 4. Progress Payments

Contractor requires at least 50% of the total price agreement and the remaining 50% is required upon substantial work completion.

Article 5. General provisions

Change orders. Any alteration and or deviation from the above/below-mentioned specifications, Including, but not limited to any such of alteration or deviation involving additional material, labor, architectural and or engineering costs, will be executed only upon a filling out an “change order form” located in our website.

Such order and or request shall be signed digitally and or approved in writing by both the contractor and the owner and the additional charge and or credit will be added to contract price of this contract.

 if payment is not made when due, contractor may suspend the work on the job until payments have been made. A failure to make a payment for a period in excess of three days from the due date of the payment shall be deemed a material breach of this contract.

 All work shall be completed in workmanlike manner and in compliance with the appropriate building code.

 Contractor may at its discretion engage subcontractors to perform work hereunder, provided contractor shall fully pay said subcontractors and in all instances remain responsible for the proper completion of this contract.

 Contractor agrees to leave the premises in broom clean condition.

 In the event owner shall fail to pay any periodic or installment payment due hereunder, contractor may cease work without breach pending payment or resolution of a payment related dispute.

Owner will notify the contractor promptly if he/she is not satisfied with any portion of the work and shall give contractor opportunity to remedy the issue. All disputes hereunder shall be resolved by the means described on article 9.

if a breach of the contract would exist, the non-breaching party shall have the right seek enforcement and or remedies including but not limited to reliance, expectation and consequential damages including attorney fees.

Article 6. Warranties

The 4T Construction LLC warrants labor for a period of warrants the work performed for a period of time state on this contract, Labor warranty only. Painting labor service warranty is for 1 year after the completion of the service provided from us. Warranty may be voided if other service people have performed work, if labor has to do anything with the matter, scratches not caused by our employees after final walk-through with the client or natural causes. We recommend client to communicate with us for any concerns before final walk-through. All materials and equipment are Guaranteed as per original manufactures guarantee and product detail and maintenance information shall be provided to the owner upon request. For additional information regarding our services, feel free to contact us by phone, email or text.

RESURFACING WARRANTY: In order for us to be able to guarantee our resurfacing service on a resurfacing job, the area of work has never been resurfaced before by us, or any other company. If it has been previously been resurfaced by another company and you would like us to either fix it or resurface the requested area, we would have to: first, remove all existing paint that was previously applied. Second, after all the paint has been removed from the surface area requested, we will then be able to give a warranty on our surfacing work. This service would cost 90% -120% of the original price. Our resurfacing warranty does not cover reckless vandalism, or harsh use of the surfaces. For example, using the countertops as regular cutting board, placing something extremely hot for an extended period of time, activity which will reduce life expectancy and void our coverage. If the warranty has expired and you would like us to fix any damages like pain cracking or painted surface pealing, we will be charging the original price of the resurfacing job. Resurfacing Steps: To ensure that the paint adheres to the surface we are applying it to, we wipe down all the surface of the area we will be working on. We remove any dirt and grime that might be on the surface. This also prevents any future pealing of our industrial paint we will be applying. After surfaces are wiped down and cleaned, we will sand down the areas to create a great surface for our paint to grab on to. Once the sanding has been completed, we will wipe down one final time with chemicals low in odor to remove dust created by the sanding of the area.

INTERIOR REPAINT PROCESS

Interior Repaint Services Flat Unit.

 Interior repair services will be provided throughout the interior of the unit. We will be applying 1 coat of the same color previously apply on the walls, also covering small pin holes on the walls. The service will cover repaint on the walls. (ceiling, trims, and doors paint is additional) If we are resurfacing a damaged countertop, bathtub, bathtub surround or fireplace, we will add an additional cost to repair the surface. The price depends on the size of the damage and how much material is required to blend the finish.

Interior re-paint for residential homes or commercial units must be stated in the description of the work scope area. Both client and company shall agree and comply with it.

Full Color Change Flat Unit: Full color change services will be provided all throughout the interior of the unit. Our full color change service includes primer application on walls, baseboards, window trims, door trims, and doors. Once all the required primer has been applied, we will include 2-3 tone paint application on the walls. Also, ceiling painting services will be included. In addition, we will also be proving cabinet painting services.               Small drywall repairs such as pin holes are included in the contract.  Nail holes, and any other drywall findings smaller or bigger than a fist will be accessed and provide finding to client to approve or disapprove repairs.

Residential or commercial exterior painting or re-painting must be stated under the contract work scope area and we must both client and contractor comply with the agreement.

Article 7. Indemnification

To the fullest extent permitted by law, the contractor shall indemnify, defend and hold harmless its employees, agents or subcontractors, sales people, from and against claims and damages. Arising out of or resulting from the performance of the work or providing of materials to the extent caused in whole or in part by negligent or wrongful acts or omissions of or a breach of this agreement by the contractor.

Article 8. Insurance

The contractor represents that has purchased and agrees that it will keep in force the duration of the performance of the work for such a longer term as may require by the construction contractor’s board and this agreement. A liability policy that will protect owner from claims from loss or injury which might arise out of the contractor’s operation under this project.

Article 9. Property Owner Rights.

The owner has the right to receive the products and services agreed to in this contract.

Right to cancel: Owner has 24 hours from the date of this contract to request the contractor to cancel this contract without incurring any additional fees.

This request must be in writing or email. If this contract is cancelled at any other time for any reason. The contractor shall charge a flat cancellation fee of $500 and have the right to claim benefit of the bargain in addition to reliance damages.

Dispute resolution process- All disputes or claims arising out of this contract shall be resolved only via the means specified in this section.

Owner- first, mediation via CCB dispute resolution services if mediation is successful owner may proceed to file an action with the pertinent small claims court.

Contractor- in the case of a material breach of contract (non- payment) by owner, via filling an action directly with the pertinent small claims court and/or exercising the contractor’s lien rights, in no particular order.

I acknowledge receipt of the following notices

“information notice to the owner about construction liens.”  This notice explains to customers Oregon's construction lien laws and identifies the rights and responsibilities of property owners and contractor under the law (ORS 87 093).

“Consumer protection notice”. This notice explains to the consumers what actions they may take to protect themselves during the construction project (ORS 701.330(1))

The notice addresses contractors licensing, bond, and insurance requirement, warranty requirements, and other information.

“notice of procedure” This notice describes the procedures that customers must follow to notify contractors about defective work before compelling arbitration, beginning a court action against a contractor, or filling a CCB complaint against a contractor (ORS 701.330(2))

Article 10. Additional Discovery

If during the performance, the contractor finds unforeseen that change the scope of work such as, but not limited to; mold, mildew, leveling, door trimming, asbestos, damaged plywood, damaged drywall, dry rot or a dangerous situation, the the contractor shall provide the owner with a report, provide estimated material and labor costs if addressable by The 4T Construction, or let client find a solution. The work to be done duo to unforeseen conditions will be calculated and bill accordingly and as discussed with the client, based on time and materials. We may delay and schedule according for unforeseen work.

Article 11. Final Payment

INVOICING: All invoices must be paid within 7 calendar days after the job has been fully completed. Failure to pay the total balance agreed upon, there will be a late fee of 10% added to the total of the invoice for every month. The 10% accruing late fee will be added to the total cost of the price that is expressed on the invoice. Any scheduled job will be temporarily canceled until we receive payment of the past due balance. We may re-schedule to continue or cancel pre-existing job projects. Extra charge can be added to invoicing due the following reasons but not limited to; no access parking space, no access to the unit, no access to water, no access to electricity, no access to manager or maintenance team member to discuss pre-approval of increase of services or cost. Purchase Order Numbers must be provided if needed in order to continue working. You, person or entity in charge are fully responsible for the final invoice once the job is done. Refusing to pay the invoice, we hold the right to put a lien on the property until the outstanding balance has been paid fully paid.

The owner agrees to make the final payment the day of substantial completion but not later than 7 days as stipulated by the Oregon private owner prompt payment requirements set by ORS 701.620.701.640

This contract document and the accompanying specifications are the complete and entire contract and three are not oral agreements of any type between client and company.

 Update 4.18.2022

CCB: 228742: Insured & Bonded