TERMS & CONDITIONS Standard Payment Schedule: 30% Deposit due at contract signing. 30% Mid-Project-Point to be specified by Project Manager. 30% Pre-Punch out stage-When major components of project are complete with some details to be addressed or fixed. 10% Final Payment-Due when all work is completed. Credit card/ Debit card payments will incur a 3% convenience fee per transaction. Check and ACH payments are available and Do Not incur convenience fees. INSURANCE CLAIMS – All Claims with Recoverable Depreciation and (PWI) Paid When Incurred items, must be paid up to the Depreciation/PWI amount until final check is received. Claims requiring Supplemental Scope of Work must be paid to 90% with 10% remaining until the supplement is approved or recovered. Client understands that contract conditions, pricing and payment terms set forth by L&L Contractors supersedes payment terms of insurance carriers. Final contract price including any necessary or client driven change orders is owed by client to L&L Contractors at completion. This CLIENT AGREEMENT (this “Agreement”), is by and between L & L Contractors LLC (“Contractor”) and Client which is identified on this proposal (“Client”). Date – The contract execution date shall be the dated authorized on the signature portion of this proposal. NOW THEREFORE, in consideration of the premises and the mutual promises specified below, and for other good and valuable consideration, the receipt and sufficiency of which the parties mutually acknowledge, the parties agree as follows: CONTRACT REVIEW – All contracts are subject to final review by the supervising manager of L&L Contractors. This final review shall constitute acceptance by L&L Contractors and shall establish the necessary elements to create a Contract binding on the parties. SERVICES PERFORMED BY CONTRACTOR – Contractor shall provide Client with remodeling services and shall act as a general contractor to manage the specifics outlined in the job scope/proposal. The job scope/proposal includes a description of the work, and an estimate of costs. Contractor shall follow basic construction methods for the Job and shall be responsible for the supervision of all of Contractor’s employees and subcontractors. Contractor shall maintain the Jobsite in a neat and orderly manner, as feasible. Contractor and Client agree that Contractor has performed a limited preliminary site inspection of the Existing Construction and the Jobsite as of the date of this Agreement. However, for the purposes of this Agreement, Contractor and Client assume that generally accepted construction procedures were followed with respect to the Existing Construction and that no damage exists therein unless otherwise noted in the job scope/proposal. Contractor and Client also assume no unforeseen obstructions exist in the Construction Area and that no hazardous material exists on the Jobsite unless specifically noted in the job scope/proposal. If Contractor or Client discovers such assumptions are untrue during the term of this Agreement, Contractor may, at its option, either (i) terminate this Agreement or (ii) upon written consent of Client, amend the specifics outlined in the description of the Job as necessary to complete the Job and amend the Estimate set forth in this Agreement. Changes in the work scope due to these factors should be considered change orders and shall be at additional costs. NATURALLY OCCURRING DAMAGES – Contractor is not responsible for any damages due to excessive wind, ice, hail, or other naturally occurring calamity during or after the period of warranty. INSURANCE, RISK MANAGEMENT & PEST CONTROL – Contractor must be licensed, bonded, and properly insured with workers’ compensation and general liability insurance policies. Contractor shall be responsible for all materials until they are affixed, installed and/or properly stored on the Jobsite. Contractor shall not be responsible for any damages caused by Client or Client’s agent, acts of God, earthquake, fire, flood, terrorism, vandalism, thievery, and actions by others. Tarps may be used to cover exposed areas during construction. Tarps provide temporary protection in normal conditions. Tarps may not withstand heavy winds, rains, and storms. No allowance has been included in the Estimate to replace or repair existing finishes in such conditions. Client should carry property insurance to protect against damage from these occurrences. Termite treatment and pest control is Client’s responsibility. SURVEYS – Where applicable, Client shall furnish a plat of the property on which the Jobsite is located, identifying all property boundaries and all existing structures. When located in a flood zone, Client shall also furnish an elevation certificate on the most currently acceptable government form, and an appraisal that separately lists the values for that of the land and of the existing structure(s). Any subsequent surveys or elevation certificates required for any reason will be billed to, and paid for by Client. It is advisable that a survey be obtained when work is requested near property lines or that may encroach on set-back or other restrictions. Contractor is acting on behalf of Client. Client is responsible for any property line infringements or disputes between landowners, municipalities, HOA, codes officials etc. EXCLUSIONS – Numerous options may be discussed throughout the development of this proposal for the project and Job. We strive to carefully document all of the options that Client has selected; however, it is Client’s responsibility to read this Agreement carefully and assure that everything it is expecting for this project is included within these documents and in the description of the Job, which represents the entirety of this Agreement. Any options that were eliminated during the development/design phase, and which are not specifically listed throughout these documents, are specifically excluded from this Agreement. The following items are specifically excluded from this Agreement unless outlined otherwise in the attachments noted above: 1) removal and disposal of any hazardous materials (asbestos, chemicals, lead paint, etc.) as defined by the EPA; 2) additional work caused by Client, or Client’s agent or Others as defined in this Agreement; 3) additional work necessary to repair or replace Client-supplied materials; 4) correction of existing out-of-plumb or out-of-level conditions in the existing structure; 5) correction of concealed sub-standard and/or damaged structural elements, electrical wiring, plumbing piping, or mechanical equipment; 6) failure of surrounding finish elements, despite Contractor’s good faith efforts to minimize damage (such as plaster or drywall cracking and popped nails, etc.); and 7) repair of damage to driveways, sidewalks, or landscaping that could occur when construction equipment, dumpsters, delivery trucks and vehicles are being used in the normal course of construction. Client gives Contractor the authority to sign necessary forms and disclaimers when required from vendors to accept delivery of materials or installation of specified products. Client shall take all precautions to avoid use of computer or sensitive equipment during the course of the Job, and to help check outlets for refrigerators/ freezers which may be disrupted during construction process. Contractor has included no allowance in the Estimate to replace or repair any losses incurred by client as a result of incidental electric surges, tripped breakers or GFCI circuits. We are not responsible for and no allowance is included in the Estimate for any expenses incurred or opportunity lost if Client or its agents vacate the property on which the Jobsite is located due to the construction environment for reasons including, without limitation, noise, fumes from paints or products in use, dust and other conditions that may cause the space to become unsafe or unfit for occupation. We are not responsible for and no allowance is included in the Estimate for any health effects resulting from exposure to the construction environment described above. If Client, Client’s family or its agent(s) has an allergic condition, then it is that person’s sole responsibility to avoid exposure, and risk shall be assumed by each individual. BILLING – A deposit is required prior to Contractor’s commencement of the Job. Contractor may request progress payments for work completed or materials ordered. Client is expected to comply with the terms stated in the contract concerning compensation for services rendered. Benchmarks, if given, are general guidelines only for the payment process, and if some portions of a particular target are not fully completed, then Client is still expected to comply with progress payment terms. In the event of termination of this Agreement by Client, Contractor shall be reimbursed for any costs incurred on the Job prior to termination, including administration fees.Total deposit retained will be the lesser of 10% total contract value or $1,000.00. Costs associated with restocking fees, special order materials, and non-returnable items will be retained at the full cost to the Contractor plus the administration fees and costs incurred as outlined above. Non-returnable items may be retained by the Client and coordinated for delivery to the Client’s property, including the delivery costs. PAYMENT TERMS – Payment is due upon receipt of bill from Contractor and is considered past due after ten (10) days. Checks must be made payable to L & L Contractors. Past due payments are subject to a finance charge of 1.75% per month on the unpaid balance at an annual rate of 21%. In the event legal action is necessary for collection, then the prevailing party shall be entitled to any prejudgment interests, costs and/or reasonable attorney’s fees. The balance of payment under this Agreement is due upon “Substantial Completion” of the Job. Client agrees to provide a written punch list within five (5) days of work. Additionally, client agrees to be bound by any payment terms listed on the “Pre-Start Checklist.” FINANCING TERMS – Any estimated monthly payment is calculated based upon principal amount, APR and loan term. The actual monthly payment as well as rates and terms will vary based on product selection, personal creditworthiness, credit score and credit history. Please see lender terms and conditions pertaining to your specific offer. Any finance option presented by L&L Contractors is considered “For Example Only”, as actual approval, terms and conditions will be set forth by credit lender. NON-PAYMENT – Contractor shall have the right to stop all work on the Job if payments are not made as required under this Agreement. If work is stopped for non-payment or any other breach of this Agreement by Client for a period of 14 days, Contractor may, without prejudice to any other remedies Contractor may have, give written notice of termination of this Agreement to Client, and demand payment of all outstanding amounts, plus Contractor’s usual margin (profit & overhead) on all remaining portions of the Job. Thereafter, Contractor is relieved from all other contractual duties, including all punch list and warranty work. Final billing for all work performed, including changes and allowances, must be paid in full before any warranty claims will be accepted by Contractor. All warranty claims must be presented to the Contractor in writing, following the warranty terms. LOANS – If Client is relying on a loan to pay for services rendered in this Agreement, Client is expected to make advance arrangements with its lender to meet the payment process. Any specific requirements, documentation, etc. required by Client’s lender is the sole responsibility of Client. Contractor reserves the right to require Client to provide verification of loan approval, and in some cases, credit and background checks may be required. RIGHT OF RESCISSION – It is acknowledged that Client has a three (3) day right of rescission as stipulated by law. Should Client determine to invoke this right, written notification must be given to Contractor within three (3) working days from the date this Agreement is signed. JOB SAFETY – Contractor works to achieve an “INJURY FREE WORK ZONE”. Job Safety is paramount to our company philosophy. During the work on this project, it is imperative you, your family and your guests stay out of the job site. If you would like to see the progress of your project, please use the client supplied portal or schedule to meet with your project manager for a site review. SIGNAGE AND PHOTOGRAPHS – Client hereby grants to Contractor the right to place a job sign on the property on which the Jobsite is located. In the event that there are restrictive community covenants regarding signage, Contractor agrees to follow those guidelines. Client also agrees to allow Contractor to photograph the various stages of the Job, and use such photographs for marketing, website and other advertising purposes of Contractor. CONTROL AND DIRECTION OF EMPLOYEES AND SUBCONTRACTORS – Contractor and/or the appointed supervisor shall be the sole supervisor(s) of the Contractor’s employees and subcontractors. Client must direct all requests for changes to Contractor and/or the appointed Supervisor. CONFLICT OF INTEREST – Client agrees not to hire, retain, or utilize employees of Contractor or subcontractors for any and all work outside the terms of this Agreement. This Agreement shall extend for the period that work is performed and at least ninety (90) days after completion of the Job. MAINTENANCE AND FUTURE PERFORMANCE – The Estimate is based on Contractor’s observation of existing conditions. Contractor’s conclusions and recommendations are based upon these conditions observed at the time of the site visit and no guarantee or warranty as to future life, or performance of any item inspected is intended or implied beyond Contractor’s standard warranty period. Materials used as part of the Job shall be installed following industry standards. Future performance of many materials may alter over time beyond Contractor’s control. For example, products may expand and contract with seasonal changes and some lumber may warp, crack, split, or twist and cracks may appear in concrete finishes beyond Contractor’s control. Contractor responsibility is limited to a one (1) year builder’s warranty and material performance is limited to manufacturer’s warranty. Items that require routine maintenance post construction are Client’s responsibility. All work relating to patching, repairs, troubleshooting, inspection, leak detection, basic repairs to existing equipment or appliances, areas that may be patched, and repairs to existing conditions shall be excluded from the warranty program. LIMITED LIFETIME WARRANTY ON QUALIFYING ROOF SYSTEMS -Warranty is limited to the scope of work performed. Intersecting components (ex. Siding, Flashings, Chimneys, Skylights, etc.) not included in the original scope of work are excluded. Warranty is limited to installation workmanship. In the event of failure due to improper installation, L&L Contractors will cover all applicable labor and material cost. Storm related damages including but not limited to wind storm, hail storm, ice dams, falling debris, excessive expansion and contraction of adjoining components, acts of God etc. are excluded. Items that require future maintenance are excluded, including UV damaged polymer components, dry rotted pipe flashings, failed sealant, clogged gutters or downspouts. Any attempt at repair or modification of components installed by L&L by client or clients agents will void the warranty. EXISTING STRUCTURE, ELECTRIC, PLUMBING, HVAC SYSTEMS – Contractor hereby assumes all existing structural components and systems affecting the Existing Construction is adequate to support the Job. If Contractor attempts to rework any existing system, then all parties recognize that no assurances are given by Contractor as to the overall efficiency of existing or reworked system. Contractor hereby assumes existing panel and electrical service is sufficient to handle proposed work, and unless a new panel is specifically included, Contractor shall utilize existing wiring circuit in the Construction Area. In some cases, work requiring running wire through enclosed cavities shall be at additional cost. Sometimes drywall may need to be removed in order to accomplish such wiring. Unless specifically noted there is no allowance in the Estimate to repair existing finishes needed after such wiring. JAMES HARDIE SIDING – Existing Structures remodeled with James Hardie Siding: James Hardie is a fiber cement product with rigid properties. In some cases the Hardie component will telegraph or project deficiencies in the substrate or framing such as warped or bowed studs and out of level or plumb conditions that cannot easily or economically be fixed without drastically changing the original scope of work. This may result in gaps at material transitions that are caulked for fit and finish, trim adhered with nails for security, or some trim faces that will not meet in the same plane due to product rigidity. This is not considered a quality defect with the Hardie component(s) or improper installation. ARBITRATION – In the event of any dispute between the parties which arises under this Agreement, such dispute shall be settled by arbitration in accordance with the rules for commercial arbitration of the American Arbitration Association (or a similar organization) in effect at the time such arbitration is initiated, and subject further to the provisions of the Uniform Arbitration Act of the state in which Contractor has its home office, incorporated by reference. A list of arbitrators shall be presented to the claimant and respondent from which one will be chosen using the applicable rules. The hearing shall be conducted in the city in which Contractor has its home office, unless both parties consent to a different location. The decision of the arbitrator shall be final and binding upon all Parties. The prevailing party shall be awarded all of the filing fees and related administrative costs. Administrative and other costs of enforcing an arbitration award, including the costs of subpoenas, depositions, transcripts and the like, witness fees, payment of reasonable attorney’s fees, and similar costs related to collecting an arbitrator’s award, will be added to, and become a part of, the amount due pursuant to this Agreement. An arbitrator’s decision may be entered in any jurisdiction in which the party has assets in order to collect any amounts due hereunder. Change Orders: A Change Order is a modification to the Job. Some examples of what constitutes a change order include but are not limited to: changes driven by Client wanting additional work, some material selections that may require additional work, unforeseen conditions, discoverable items, and modifications to plans or specifications added by architect or designer, code requirements, adjustments due to material availability, or deficiencies in existing conditions. Change orders may be formalized by Contractor providing a lump sum cost estimate with a written revised job scope, line item pricing or based on an hourly rate plus materials and subcontractor expenses billed at a standard overhead & profit percentage of 20%. On large projects, periodic updates may be provided. Change orders may affect the proposed schedule of completion of the Job, as set forth in the current description of the Job. Some change orders may require immediate payment prior to commencement of the revised Job. All the terms of this Agreement apply for all change order work, and the change order acts as an amendment to this Agreement. Client initials on L & L Contractors forms, faxed copies or electronic confirmations may be used to authorize approval. Remove & Replace: Contractor may remove an identified item and replace with a similar or better item. Remove & Reset Existing Items: Existing items may be removed and then re-set by Contractor. Contractor offers no assurance of the performance of the item which is being relocated, and Client shall provide any storage required for these items. Contractor assumes no responsibility for existing appliances, equipment or other items within the Jobsite. Allowances & Material Selection: An allowance is a budgeted amount included in the Estimate to allow Client flexibility in making final selections. The amount allowed shall include all taxes and other related expenses, such as shipping, and when noted, may also include any and all labor required, customization expenses, etc. that may be incurred. At final completion, Client’s invoice shall note credit and/or debit balances in the areas covered under an allowance. Client may purchase items directly from third parties. The final reconciliation shall be the expenses incurred by Contractor in relation to the allowance amount. Many items may require ordering and time to manufacture and deliver. Client must make timely selections in order to prevent interruption of Job progress and to avoid potential cost overruns. Contractor may elect to stop work on the Job if selections are not made and/or if materials or key elements of the Job are not able to be completed and/or are not available on the Jobsite, including without limitation designer or architectural details required to properly perform the Job. Contractor may assist Client, but it is Client’s responsibility to make all selections of materials and all finish details, including paint colors, sheens and any other details that may be deemed pertinent to accomplishing the Job at a reasonably expected quality level. Client agrees to provide written verification to Contractor regarding these details following the L & L Contractors process. Client agrees to select materials that are readily available. Electronic mail and facsimile are acceptable forms of verification by Client. Some material selections may increase estimated costs. Samples: Contractor may provide Clients with samples of materials when readily available. Unless specifically noted otherwise, there has not been any allowance included in the Estimate to purchase, fabricate, or apply any sample materials. Additional costs may be incurred by Client if Client requests sample boards or additional specifications not readily available on goods or services. Samples can vary when compared to actual conditions, and Client hereby acknowledges this variation. Due to supply constraints and manufacturer response, some items previously available may be discontinued or subject to regional availability. Any incurred expense for shipping and handling for these items will require change orders. Client-Supplied Items: When Client supplies materials on estimated jobs, it is Clients responsibility that the materials will be readily available at the Jobsite or a pre-designated location. Any expenses incurred by Contractor, including time lost, may be billed to Client. Warranties on these items are excluded under Contractor’s warranty program. Others: Upon completion, any alterations, repair, or work performed on project may void any warranty. Under no circumstances shall Client, or their agent, make or attempt to make, any repairs, inspection, or alterations during on-going projects Substantial Completion: Substantial Completion is defined as any of the following: (i) when the item/product/physical space can be utilized for its intended purpose; (ii) when Client takes occupancy; (iii) when a specific item is properly installed on Jobsite; or (iv) when codes officials approve specific phases of the Job. Estimate Only: This estimate is based on a developmental plan notes from which are included in the job scope/proposal attached hereto which may not fully define job scope. Therefore, prices given shall be considered a rough estimate. The Estimate is based on our observation of the apparent performance of the items noted. Our conclusions and recommendations are based upon the conditions observed at the time of the site visit. No guarantee or warranty as to future life or performance of any item inspected is intended or implied. Final costs may vary with final details of the job scope. Additional work may be required upon further inspection. No allowance is included in the Estimate for work not specifically noted in this Agreement. Contractor assumes existing conditions are adequate for the Job. IN WITNESS WHEREOF, the parties have entered into and executed this Agreement as of the date first written below. I confirm that my action here represents my electronic signature and is binding.