Guarantee
All work to be completed in a workmanlike manner according to specifications and standard trade practices. Lamps not guaranteed. Material provided by others not guaranteed.
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Scope of Work
Unless specifically stated otherwise in the proposal, the scope of work covered by this proposal is limited to the work and material specified in the written proposal.
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Additional Work or Changes
May be ordered in writing by the customer at any time, for which the customer agrees to pay in addition to the contract price named herein at a price agreed upon.
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Change Order & Extras
The contractor shall wait for initialed order for all additional work of change signed by an authorized person beforeproceeding with such additional work or changes.
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Payments for Additional Work or Changes
Payments for the additional work to the original contract shall be made under the same terms and conditions as are embodied in the original contract.
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Contract Payments
The contractor shall not be required to proceed with the installation of the work if the payments applying on the same have not been made as specified in the contract. If the payment schedule provides for a down payment separate to material cost, prior to commencement of work, such down payment cannot exceed the lessor of $1,000.00 or 10% of the contract price (excluding finance charges) unless the contractor furnishes a performance and payment bond, lien or completion bond, or bond equivalent. Any schedule of payments shall be stated in dollars and cents and shall be specifically referenced to the amount of work to be done, and materials and equipment to be supplied by Williams.
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Unavoidable Interruptions
It is hereby mutually agreed that the contractor shall not be held responsible or liable for any loss, damage or delay caused by fire, strikes, civil or military authority, or any other cause, accident, or delay beyond his control.
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Liquidated Damages
The contractor shall not be liable for any charges for liquidating damages resulting from delay in the completion of the work caused by factors beyond his control.
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Transfer of Title
If the customer disposes of the real estate which is the subject of this agreement by sale or otherwise, the full amount remaining unpaid on this contract becomes due at once and payable within 48 hours after date of such disposal.
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Late Penalty
In the event that payment is not made on time, 18% interest shall accrue annually to the contract total and extras, changes, our legal costs, and 18% per annum penalty on the original contract amount,, 18% interest on all and any other costs necessary to collect, such as asset checks, detective bill, skip tracing, lien costs, service costs, legal, filing and mailing costs.
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board. Any questions concerning the responsibilities of a contractor may be referred to the Registrar of the Board whose address is: Contractors’ State License Board, 9835 Goethe Road, Sacramento, California 95827. Williams license # 514919 c-10.
Failure by the contractor without lawful excuse to substantially commence within twenty (20) days of the approximate date specified in the contract when work will begin is a violation of the Contractor License Law.
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Limitations
No action of any character arising from or relating to this contract, or the performance thereof, shall be commenced by either party against the other more than two (2) years after completion or cessation of work under this contract. No painting or patching of any kind included such as, sheet rock, roof jacks, rain gutters, wall cutting, etc. All painting and patching by others. Any code changes required by inspectors to pass the job may be extra cost for by owner, such as physical protection of romex in a crawl space, whether preexisting or not. Protection by others. Code corrections may cost extra. (Some inspectors are not reasonable.)
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20 DAY PRELIMINARY NOTICE TO OWNER
Under Mechanics Lien Law any contractor, subcontractor, laborer, supplier or other person who helps to improve your property, but is not paid for his / her work or supplies, has a right to force claim against your property. This means that after a court hearing, your property could be sold by a court officer and the proceeds of the sale used to satisfy the indebtedness. This can happen even if you pay your contractor in full if the sub contractors, laborers, or suppliers remain unpaid.
To reserve the right to file a claim or lien against your property, certain claimants such as subcontractors or material suppliers are required to provide you with a document entitled “Preliminary Notice”. Original or prime contractors or laborers for wages do not have to provide this notice. A Preliminary Notice is not a lien against your property. Its purpose is to notify you of persons who may have a right to file lien against your property if they are not paid. Generally, the maximum time allowed for filing a claim or lien against your property is ninety (90) days after completion of your project.
TO INSURE EXTRA PROTECTION FOR YOURSELF AND YOUR PROPERTY, YOU MAY WISH TO TAKE ONE OR MORE OF THE FOLLOWING STEPS:
- Require that your contractor supply you with a payment and performance bond, not a license bond, which provides that the bonding company will either complete the project or pay damages up to the amount of the bond. This payment and performance bond as well as a copy of the construction contract should be filed with the county recorder for your further protection.
- Require that payments be made directly to subcontractors and material suppliers through a joint control. Any joint control agreement should include the addendum by the Registrar of Contractor.
- Issue joint checks for payment, made out to both your contractor and sub contractors for material suppliers involved in the project. This will help to insure that all persons due payment are actually paid.
- After making payment on any completed phase of the project, and before making any further payments, require your contractor provide you with unconditional lien releases signed by each material supplier, sub contractor, and laborer, involved in that portion of the work which payment was made. On projects involving improvements to single family residence or duplex owned by individuals, the persons signing these releases lose the right to file a lien against your property. In other types of construction this protection may still be important, but may not be as complete.
TO PROTECT YOURSELF UNDER THIS OPTION YOU MUST BE CERTAIN THAT ALL MATERIAL SUPPLIERS, SUB CONTRACTORS OR LABORERS HAVE SIGNED.
To Insure Extra Protection for Yourself and Your Property, You May Wish to Take One or More of the Following Steps:
Require that your contractor supply you with a payment and performance bond, not a license bond, which provides that the bonding company will either complete the project or pay damages up to the amount of the bond. This payment and performance bond as well as a copy of the construction contract should be filed with the county recorder for your further protection.
Require that payments be made directly to subcontractors and material suppliers through a joint control. Any joint control agreement should include the addendum by the Registrar of Contractor.
Issue joint checks for payment, made out to both your contractor and sub contractors for material suppliers involved in the project. This will help to insure that all persons due payment are actually paid.
After making payment on any completed phase of the project, and before making any further payments, require your contractor provide you with unconditional lien releases signed by each material supplier, sub contractor, and laborer, involved in that portion of the work which payment was made. On projects involving improvements to single family residence or duplex owned by individuals, the persons signing these releases lose the right to file a lien against your property. In other types of construction this protection may still be important, but may not be as complete.
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To protect yourself under this option, you must be certain that all material suppliers, sub-contractors or laborers have signed.
Mechanics’ Lien Warning
- Anyone who helps improve your property, but who is not paid, may record what is called a mechanics’ lien on your property. A mechanics’ lien is a claim, like a mortgage or home equity loan, made against your property and recorded with the county recorder.
Even if you pay your contractor in full, unpaid subcontractors, suppliers, and laborers who helped to improve your property may record mechanics’ liens and sue you in court to foreclose the lien. If a court finds the lien is valid, you could be forced to pay twice or have a court officer sell your home to pay the lien. Liens can also affect your credit.
To preserve their right to record a lien, each subcontractor and material supplier must provide you with a document called a ’20-Day Preliminary Notice’. This notice is not a lien. The purpose of the notice is to let you know that the person who sends you the notice has the right to record a lien on your property if he or she is not paid.
BE CAREFUL. The Preliminary Notice can be sent up to 20 days after the subcontractor starts work or the supplier provides material. This can be a big problem if you pay your contractor before you have received the Preliminary Notices.
You will not get Preliminary Notices from your prime contractor or from laborers who work on your project. The law assumes that you already know they are improving your property.
PROTECT YOURSELF FROM LIENS. You can protect yourself from liens by getting a list from your contractor of all the subcontractors and material suppliers that work on your project. Find out from your contractor when these subcontractors started work and when these suppliers delivered goods or materials. Then wait 20 days, paying attention to the Preliminary Notices you receive.
PAY WITH JOINT CHECKS. One way to protect yourself is to pay with a joint check. When your contractor tells you it is time to pay for the work of a subcontractor or supplier who has provided you with a Preliminary Notice, write a joint check payable to both the contractor and the subcontractor or material supplier.
For other ways to prevent liens, visit CSLB’s Web site at www.cslb.ca.gov or call CSLB at 800-321-CSLB (2752).
REMEMBER, IF YOU DO NOTHING, YOU RISK HAVING A LIEN PLACED ON YOUR HOME. This can mean that you may have to pay twice, or face the forced sale of your home to pay what you owe.
Notice required by California Business and Professions Code § 7159(c)(4):
When payment is made for any portion of the work performed, Contractor shall prior to any further payment being made, furnish to Owner a full and unconditional release from any claim or mechanics’ lien pursuant to § 3114 of the Civil Code for that portion of the work for which payment has been made.
. Three-Day Right to Cancel Required by state
You, the buyer, have the right to cancel this contract within three business days. You may cancel by e-mailing, mailing, faxing, or delivering a written notice to the contractor at the contractor’s place of business by midnight of the third business day after you received a signed and dated copy of the contract that includes this
notice. Include your name, your address, and the date you received the signed copy of the contract and this notice.
If you cancel, the contractor must return to you anything you paid within 10 days of receiving the notice of cancellation. For your part, you must make available to the contractor at your residence, in substantially as good condition as you received it, any goods delivered to you under this contract or sale. Or, you may, if you wish, comply with the contractor’s instructions on how to return the goods at the contractor’s expense and risk. If you do make the goods available to the contractor and the contractor does not pick them up within 20 days of the date of your notice of cancellation, you may keep them without any further obligation. If you fail to make the goods available to the contractor, or if you agree to return the goods to the contractor and fail to do so, then you remain liable for performance of all obligations under the contract. (Many of our materials are cut to order, and once installed, cannot be reused. Once electrical materials are energized, they cannot be resold as new to other clients or reused once energized and used.)
Liability insurance:
Williams Electric_ CA. License. #514919 does carry Commercial General Liability Insurance. The insurance company is LIBERTY MUTUAL INSURANCE, Account # 801216250. You may call the insurance company at 18662902920_to verify coverage. Information About Commercial General Liability Insurance Home Improvement Pursuant to California Business & Professions Code §7159.3 (SB 2029), home improvement contractors must provide this notice and disclose whether or not they carry commercial general liability insurance. For more information about Commercial General Liability Insurance, contact the Contract
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