4.11 SR 10-07-2024 - Laserfiche WebLink

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casualty insurance policy shall not, as an inducement to the sale or provision of goods or services to an insured, advertise or promise to pay, directly or indirectly, all or part of any applicable insurance deductible or offer to compensate an insured for providing any service to the insured. If a residential contractor violates this section, the insurer to whom the insured tendered the claim shall not be obligated to consider the estimate prepared by the residential contractor. The residential contractor must provide a written notification of the requirements of this section with its initial estimate. If Owners fail to pay Company any payment(s) due under the terms of this Contract, Company may suspend its Work without further notice to Owners. Upon any suspension of Work by Company for nonpayment by Owners, Owners will remain liable to Company for all payments due up to the time that Work is suspended, and for all losses or damages sustained or suffered by Company, whether direct or consequential, including any costs to suspend or mobilize Work. Company shall restart work only upon payment by Owners of all money due to Company, including any losses damages sustained or suffered by Company. If Work remains suspended for a period of 14 days due to nonpayment by Owners, Company may, at its option, treat this Contract as having been breached by Owners, and pursue all available remedies and damages. THE WORK Company will furnish all labor, materials, services, tools, equipment, and fixtures necessary to complete the Work in a good and workmanlike manner. The Work shall be completed in compliance with all laws, ordinances, building codes, and rules and regulations governing the Work. PERMITS AND AUTHORIZATIONS Unless otherwise agreed and included in the Contract Price, Owners shall be responsible for obtaining any required permits, permissions, authorizations, or other approvals for proceeding with the Project, including making any selections of materials or options. Owners shall be responsible for any repairs or changes necessary to the structure for Company to properly complete the Work on the Project. WARRANTIES BY OWNERS Owners represent and warrant that they are not aware of any pending or threatened litigation, action or administrative proceeding against them with respect the Property, nor are Owners aware of any basis or grounds for any such litigation, action or proceeding against them or the Property. No unpaid work, labor, or materials have been supplied to the Property upon which anyone could base a mechanics’ lien, equitable lien, or any other type of lien against the Property. COSTS OF COLLECTION If Company takes any actions to enforce this Contract or collect monies owed to it by Owners arising out of or in connection with this Contract, Company shall be entitled to have and recover from Owners all of Company’s attorney’s fees, costs, and disbursements incurred, including pre-judgment interest. PROPOSED PROJECT SCHEDULE Company shall commence Work on the Project after payment of the initial deposit by Owners and after expiration of any right of Owners to cancel the Project, and no later than 30 days of final execution of this Contract. If the Project has not commenced within 30 days of final execution of this Contract due to failure of Owners to make payments when due, obtain permits or authorizations, or other satisfy other obligations, 9/12/24, 9:13 PM Proposal Print https://buildertrend.net/app/LeadProposal/Print/10081477 3/12Page 71 of 139