Roofing Agreement.

Contractor 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:

Article 1. Scope of work

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.

Article 2. Time of completion

The work to be performed under this contract shall be commenced on or after all roofing materials have been delivered successfully. Installation date may take up to 8 days to be started after all roofing 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 does not include plywood installation or materials. 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-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 3 years. Labor only, 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.

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 72 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 $1000 and have the right to claim benefit of the bargain in addition to reliance damages. Note: All products and subcontracting expenses incurred and acquired to perform this specific job, which are non refundable or can’t be returned will be charged to the client and this term takes effect immediately after contract is signed. It does not applied the 72-hour right to cancel term.

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, dry rot or dangerous situation. The contractor shall provide the owner with a report and estimated time to complete to address and/or remediate the issue. The work to be done duo to unforeseen conditions will be calculated and bill on time and materials at the rate $ 120 labor hour in addition to the original contract price.

Article 11. Final Payment

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 the parties.

Update 4.18.2022