Warranty - Talon Construction

CONTRACTORS LIMITED WARRANTY

Work under this agreement is warranted to the original purchaser (Owner) for owner-occupied properties as noted herein. In the event of a transfer of ownership of any type of the subject property, this warranty is not transferable to subsequent owners under any circumstances. This warranty does not cover rental or investment units.

This warranty covers material and workmanship failures under normal use and conditions. Failures caused by abuse or owner’s neglect to perform normal or routine maintenance and upkeep of any items requiring the same is not covered hereunder.

TALON CONSTRUCTION, INC. warrants that all work will be performed in a workmanlike manner and in accordance with standard practices. OWNER hereby acknowledges that wooden decking and wooden materials are subject to cracking, splitting, checking, warping and bowing when exposed to the sun, rain, humidity, and weather; and that the CONTRACTOR makes no warranties against the occurrence of such changes in wooden decking and wooden materials.

Material failure is not the responsibility of the contractor. All warranties are void if work performed by the contractor is repaired or corrected by others.

FIXTURES AND APPLIANCES: The Manufacturer’s written warranty for all devices, fixtures (electrical and plumbing) and appliances supersede the terms of this warranty in scope, limits, and term.

NEW CONCRETE: All concrete will crack. Talon Construction makes no warranty, express or implied against cracks in new concrete. Most cracks are temperature or shrinkage cracks. One way to help ensure that foundation walls will not leak is to have them WATERPROOFED (instead of damp proofed). Exposure to salt and ice melting agents will cause the premature deterioration of concrete. “Green” or new concrete up to one year old is particularly prone to deterioration caused by these agents. We make no warranties, express or implied against concrete deterioration due to exposure to these agents.

DRIVEWAYS, CONCRETE & ASPHALT SURFACES: Heavy construction traffic poses a specific threat to concrete and asphalt aprons & driveways. Although every effort will be made to protect existing surfaces, Talon Construction cannot guarantee or warranty against damage, staining or discoloration to existing aprons, driveways and walks. It is the specific responsibility of the property owner to provide Talon Construction with adequate heavy equipment access and egress for the construction purpose defined herein. Exposure to salt and ice melting agents will cause the premature deterioration of asphalt and should never be applied to “Green” or new surfaces. Asphalt up to 2 years old is particularly prone to deterioration caused by these agents. We make no warranties, express or implied against asphalt or damage or deterioration due to exposure to these agents.

a. DURATION OF WARRANTY. All work is guaranteed against defects in workmanship materials for a period of one (1) year from date of substantial completion and final payment to Contractor. The contractor’s Warranty to the owner is voided if the customer fails to make any payment on the contractor fails to make payment on any change order or the contractor, in exercising its rights hereunder, stops the work before it is completed.

b. EXCLUSIONS. This warranty does NOT cover equipment warranted by manufacturers; damage caused by fire, floods, strike, war, or civil disturbances; or damage caused by negligence or abuse.

c. If a defect or failure should occur, the OWNER should contact the CONTRACTOR as follows: TALON CONSTRUCTION, INC. 302 E. 4th Street, Frederick, MD 21701; (301) 620-8604

d. PARTIES COVERED. This warranty covers the OWNER or OWNERS of the real property on which the work is performed.

e. MERGER PROVISION. The sales personnel of the CONTRACTOR are not authorized to make warranties about the merchandise, equipment, or services described in this Contract. CONTRACTOR’S employees’ ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES, shall not be relied upon the OWNER, and are not part of this contract. The entire Contract is embodied in this writing and NO OTHER WARRANTIES are given beyond those set forth in this written Contract. This writing constitutes the final expression of the parties’ agreement, and it is a complete and exclusive statement of the terms of that agreement.

f. LIMITATION OF LIABILITY. TALON CONSTRUCTION, INC. shall not, under any circumstances, be liable for special or consequential damages, such as but not limited to damage or loss of other property or equipment, loss of profits or revenue, or loss of habitability.

g. Talon Construction, Inc. does not warranty in any way, express or implied, any materials furnished by the homeowner used or installed in the completion of this work.

THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTY OF QUALITY, WHETHER EXPRESSED OR IMPLIED, EXCEPT THE WARRANTY OF TITLE AND AGAINST PATENT INFRINGEMENT. Correction of nonconformities, in the manner and for the period of time provided above, shall constitute fulfillment of all liabilities of the CONTRACTOR to the OWNER with respect to the goods, whether based on contract, negligence, strict tort or otherwise.

Some states do not allow limitations on how long an implied warranty lasts, so that the above limitation may not apply to you.
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

This warranty is null & void if the Owner fails to make complete, total and final payment of all amounts due under this contract within 5 days of the completion of all punch list items.

TERMS, COVENANTS, AND CONDITIONS

(Rev. 11/20/14)

Any invoice for materials, labor or service that remains unpaid for 30 days after the invoice date will be turned over to a commercial collections service.

All drawings, plans, specifications, etc., provided by the contractor will remain the property of the contractor.

Construction sites pose a specific interest and danger to children and pets. It is the Owners responsibility to keep children and pets clear of the construction area at all times. The project site will be maintained in a safe and as sanitary a condition as practical. The contractor assumes no responsibility for any injury incurred by residents or non-construction personnel on the project site.

All materials and supplies furnished by the contractor and not incorporated into the work hereunder, although in the owner’s custody at the work site, are and remain the property of the contractor. It is understood that the contractor has the continuing permission of the owner to remove the same. In no event will such a removal result in an adjustment of the contract price.

While every effort will be made to match existing materials, textures, colors and planes, exact duplication is not assured.

All workmanship shall conform to the guidelines found in the publication Residential Construction Performance Guidelines – for Professional Builders and Remodelers, National Association of Home Builders, 1996. If an item is not covered in that publication, standard industry practice shall govern.

All work performed by Talon Construction, Inc. will be supervised by a designated representative, who may not be physically on the job site at all times during the completion of the project.

DEFINITIONS:
For the purposes of this agreement, the term “Contractor” shall refer exclusively to Talon Construction, Inc.

“Owner” or “Homeowner” includes any property owner or representative designated by the property owner to act on behalf of the Owner in their absence.

“Substantial Completion” means the addition/structure or remodeled area has reached the point of completion so that it can be used for its intended purpose. However, the punch list may not have been generated, or, all punch list items may not have yet been completed.

The “Punch List” shall be drafted once during a walk-through by the Owner(s) and the Contractor. Anything that arises after the initial draft of the punch list will be considered a Warranty item and will be addressed after all initial punch list items are complete and final payment received by the Contractor.

NOTICE CONCERNING HOME-IMPROVEMENT COMMISSION
NOTICE IS HEREBY GIVEN BY THE CONTRACTOR TO THE OWNER THAT IN ACCORDANCE WITH MARYLAND LAW, ALL HOME-IMPROVEMENT CONTRACTORS AND SUBCONTRACTORS MUST BE LICENSED BY THE HOME IMPROVEMENT COMMISSION. INQUIRIES ABOUT A CONTRACTOR SHOULD BE MADE WITH THE HOME IMPROVEMENT COMMISSION, 500 NORTH CALVERT STREET, BALTIMORE, MD 21202-3651 PH:(410) 230-6309, and 1-888-218-5925, or online at: http://www.dllr.state.md.us/license/mhic/

For each contract signed after August 20, 2012, MHIC regulations require that the contract contain the following notice:

Formal mediation of disputes between homeowners and contractors is available through the Maryland Home Improvement Commission;
The Maryland Home Improvement Commission administers the Guaranty Fund, which may compensate homeowners for certain actual losses caused by acts or omissions of licensed contractors; and
A homeowner may request that a contractor purchase a performance bond for additional protection against losses not covered by the Guaranty Fund (the Contractor is not obligated to pay for the bond)
MHIC is authorized to issue civil citations in the amounts of $500 to $2000 for violations of the MHIC contract requirements
Anyone may ask the Commission about a contractor or subcontractor

PROPERTY LINES AND OBSTRUCTIONS
OWNER assumes full responsibility for the location of property line when contracting for decks or additions, together with all questions of ownership and location of property lines. The owner must furnish Talon Construction with a current, accurate, professionally prepared property survey or plat plan for all exterior additions, decks or other modifications. OWNER agrees that property lines will be free of obstructions and that the line will be clearly and accurately marked by him with stakes or otherwise.

OWNER FURNISHED MATERIALS, SUBCONTRACTORS & VENDORS: We must have rough-in sheets on all materials supplied by the owner. Materials supplied by the owner must be on the job and clearly marked for their intended use when we arrive to do the work. If additional trips are required due to owner-furnished materials not being on site when needed, or Owner’s subcontractors’ work being incomplete when needed, there will be a trip fee of $100.00 for each return trip required. Materials supplied by others should be delivered to

the job site (not to our shop) and must be received, inspected, accepted and placed INSIDE the work are where they will be installed by the Owner. It is the responsibility of the Owner to have someone on site to receive, inspect, accept and verify the shipment. Failure to do so will result in additional cost to accept, receive, inspect, unload and move items to their place/room of installation within the work area. Talon Construction, Inc. assumes no liability for the security, safety or safe-keeping of any Owner-furnished material items. We do not warranty any materials that you provide. In the event that material items are furnished by the Owner, Talon Construction, Inc. is not responsible for confirming or attesting to the quality, compliance, suitability, or applicability of such owner furnished goods and/or material items.

The owner, Owners vendors and Owner’s subcontractors are responsible for the unpacking and removal & disposal of all packing, trash and debris associated with any and all Owner furnished materials, goods or services on the project. Talon Construction furnished dumpsters are not to be used by Owner, Owner’s vendors, subcontractors or suppliers for any purpose related or not to this project.

DISCLAIMER
The price set forth in this Contract does not contemplate the encountering of rocky, hardpan, swampy or otherwise adverse ground or soil conditions. Encountering such conditions will result in additional excavation and other charges to the OWNER where applicable. Additional work would include jackhammering, drilling and expansion cones or blasting.

CONTRACTOR is not responsible for damage caused to underground obstructions, such as underground pipes, cables, septic tanks, fields, private utilities, etc. Every caution will be exercised to avoid such damage including contacting Miss Utility, (unless excluded on the front of this CONTRACT) as required by law, prior to excavation.

ELECTRICAL: Unless specifically stated herein, this proposal does not anticipate any required electrical upgrades that may be mandated by code or statute, including service upgrades and replacing any aluminum wiring which may be discovered. Any such improvements will be completed as an extra to this contract and will only be executed in accordance with the Changes / Change Order provisions contained herein.

PLUMBING: Unless specified otherwise herein, all new water piping shall be PEX/CPVC for potable water, and all waste and vent piping shall be Sch. 40 PVC.

APPLIANCES: We provide water supply to appliances. However, we are not properly equipped to move appliances & due to the possibility of damage to finished flooring, we will not move or place appliances unless we have a written, signed waiver of liability from the homeowner.

DISPUTE RESOLUTION
All disputes between the parties that may arise under this Contract shall be mediated by a mediator mutually agreeable to both parties. Unless otherwise agreed in writing by the parties, mediation fees, costs and expenses shall be divided and paid equally by the parties to the mediation. If either party elects to have an attorney present that party shall pay his or her own attorney’s fees. OWNER AND CONTRACTOR FURTHER AGREE THAT THE OBLIGATION OF OWNER AND CONTRACTOR TO MEDIATE AS HEREIN PROVIDED SHALL APPLY TO ALL DISPUTES AND CLAIMS ARISING WHETHER PRIOR TO, DURING OR WITHIN ONE (1) YEAR FOLLOWING THE ACTUAL CONTRACT SETTLEMENT DATE OR WHEN SETTLEMENT SHOULD HAVE OCCURRED. OWNER AND CONTRACTOR AGREE THAT NEITHER PARTY SHALL INITIATE OR COMMENCE ANY ACTION IN ANY COURT OR BEFORE ANY ADMINISTRATIVE AGENCY, WITHOUT FIRST SUBMITTING THE DISPUTE OR CLAIM TO MEDIATION AS HEREIN PROVIDED. IN THE EVENT OWNER AND/OR CONTRACTOR SHALL INITIATE OR COMMENCE ANY ACTION IN ANY COURT OR BEFORE ANY ADMINISTRATIVE AGENCY WITHOUT FIRST SUBMITTING THE DISPUTE OR CLAIM TO MEDIATION AS HEREIN PROVIDED, THE PARTY INITIATING OR COMMENCING SUCH ACTION AGREES TO PAY ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED TO ENFORCE THE OBLIGATION AS PROVIDED HEREIN TO FIRST MEDIATE THE DISPUTE OR CLAIM BY ANY PERSON OR ENTITY WITH WHOM OR WITH WHICH THE PARTY WAS REQUIRED TO MEDIATE.

NOTWITHSTANDING THE ABOVE PARAGRAPH, IN THE EVENT THE MEDIATION CANNOT BE SCHEDULED PRIOR TO THE EXPIRATION OF CONTRACTOR’S TIME TO FILE A PETITION FOR MECHANIC’S LIEN, THE CONTRACTOR SHALL BE PERMITTED TO FILE ITS PETITION FOR MECHANIC’S LIEN TO PRESERVE ITS RIGHTS TO PURSUE SUCH LIEN.

ACCESS & FACILITIES
Owner(s) must furnish the contractor with reasonable, undisrupted daily access to the property (work areas) from 7:00 AM to 5:00 PM, Monday through Friday. Contractors personnel shall respect, protect from damage, and maintain the cleanliness the Owners property and facilities. An owner-furnished key will be placed in a contractor-furnished lock-box and installed on an agreed upon the door to the house where it will remain for the duration of the project. Our contract pricing and construction schedule anticipate that, once the work has commenced, we will have continuous access to the work site and be will able to perform our work in a continuous manner. Work stoppage and discontinuous workflow requested by the owner will create additional costs and therefore a change order billing commensurate with additional expenses incurred.

CHANGES (CHANGE ORDERS)
All change orders shall have a $250.00 administrative and processing fee added to the final cost of the change order.

Any changes from the terms of this contract or from the plans and specifications set forth herein, including any additional work requested by the OWNER must be agreed upon in writing by the OWNER and CONTRACTOR before they shall be considered binding.

The cost of any changes or additions shall also be agreed upon in writing, with full payment for said changes due with next scheduled draw/payment (including the $250 admin fee)

Only one signature from each respective party shall be necessary to execute a change order.

Change orders cause schedule delays and add additional completion time and cost to jobs. Although it may not be specifically called out in the language of the change order, every change order will add time to the initial contract completion date/time; which may range from additional days to additional weeks or even months being required for completion – depending on the scope of the changes involved and any lead times associated with materials involved in said change(s).

All change orders shall include a minimum of 25% overhead and 10% profit added to the contractor’s cost of materials, burdened labor and/or subcontractor charges. Payment for all changes shall be due upon acceptance by the Owner.

All materials not specified shall be selected by the contractor from standard materials. Deviation from standard selections and installation is not included herein and will create an additional charge.

In the event that the contractor is entitled to a change order under any of the provisions of this contract and the owner does not come to agreement with the contractor as to the terms and pricing of such a change order or, if the owner fails or refuses to make any contract or change order payments, the contractor shall have the right to stop all work until the situation is fully remedied and the owner has unconditionally reaffirmed all of his obligations hereunder.

The contractor is not responsible for existing, concealed conditions that may be revealed during construction. If any existing, concealed conditions interfere with completion of this project, they will be cured on a time and material basis as per the contract. The owner will be advised of same as soon as practically possible. Any unforeseen code violations or other problems hidden behind walls, under floors, above ceilings or otherwise concealed from plain view will be discussed, agreed upon, and billed as an extra or change order.

ALLOWANCES
Allowances are included for items not specified by size, type, brand, model, quality, grade, quantity or otherwise not defined. If the owner-selected items exceed the included allowance amount for a particular item, the Owner will pay the difference directly to the vendor. If the owner-selected items are less than the included allowance amount for a particular item, the Owner will receive a credit back from Talon Construction as a Change Order to this contract.

FINANCING AND BANK CHARGES & REQUIREMENTS
Owner(s) must furnish the bank/lender with all required documentation as determined necessary by the lender to fund this project. Failure to meet the requirements of the lender or to secure financing in a timely fashion does not relinquish the Owner form its obligations hereunder. All fees associated with the financing of this project including application fees, loan discount points/fees, lender inspection fees, and insurance policies & requirements are the sole responsibility of the Owner unless specified otherwise herein.

SIGNAGE
Owner agrees to allow Contractor to place Contractor’s temporary job site sign in Owner’s front lawn to advertise Contractors presence and work at this location, and to identify the site to our subcontractors. Sign location to be in an area where easily visible from the street. Sign to be placed upon signing of the contract for improvements, and promptly removed by Contractor upon completion of job and receipt of final payment hereunder.

DEPOSITS
The acceptance and ratification of this contract by the homeowner initiates the procurement of building materials and causes the allocation of resources (material and human) to be committed to your project. Accordingly, the revenue received hereunder in any form of a Deposit upon is allocated and committed as well and becomes non-refundable after 3 days have passed from the acceptance date of this contract.

Force Majeure
Talon Construction, Inc. shall not be responsible for any delay in performance or failure in performance of any obligations pursuant to this agreement if such delay or failure is the result of causes beyond its control and negligence. Such causes shall include, without limitation, acts of God, strikes, lockouts, riots, insurrections, civil disturbances, sabotage, embargoes, blockades, acts of war, acts or failures to act of any governmental or regulatory body (whether civil or military, domestic or foreign), governmental regulations superimposed after the fact, epidemic, terrorism, communication line failures, power failures, major hardware or software failures, fires, explosions, floods, accidents, epidemics, earthquakes or other natural or man‑made disasters, and all occurrences similar to the foregoing.