Upon acceptance of a proposal via BuilderTrend (BT), the following terms shall be incorporated between the Property Owner/Client and contractor, Stolco Designs LLC (referred to hereafter as "Contractor"), unless otherwise altered in writing and agreed to by both parties.
1. Scope of work; Property Owner has requested Contractor to perform the services described herein below (the "Estimate"):
*see approved SOW from BuilderTrend attachment with scope breakdown
2. Services
From time to time and upon the request of Property Owner, Contractor shall provide the services requested by Property Owner upon the terms and conditions set forth in this agreement, and this agreement shall govern the relationship between Property Owner and Contractor until this agreement is properly modified or terminated. Services are as described in the Property Owner approved estimate and any Property Owner approved change order(s).
3. Contractor’s Employees and/or Subcontractor(s)
Contractor shall furnish, supervise and control such personnel as is necessary to perform the Services. Personnel assigned by Contractor to perform services may be employees or subcontractors of Contractor. If such persons are employees of Contractor, then contractor will pay all salaries and expenses of, and all federal, social security, federal and state unemployment taxes, and any other payroll or withholding taxes relating to such employees.
4. Independent Contractor
Contractor will be considered, for all purposes, an independent contractor, and will not, directly or indirectly, act as an agent, servant or employee of Property Owner, or make any commitments or incur any liabilities on behalf of Property Owner without its prior written consent.
5. Price and Payment
Property Owner and Contractor must agree on prices for the Services on this project. Payment for all Services rendered under this Agreement shall be due and owing to contractor within 24-hours of any draw approval or final invoice. All funds due the contractor will be paid via ACH or credit card within BuilderTrend. Fees associated with payment method are the responsibility of the Property Owner. By paying for the work identified as complete, the Property Owner is agreeing that said work is complete and accepted. Property Owner will be notified once the project is ready for a final punchlist walk-through. After notification, the Property Owner or its designee will have 3 days to complete a final walkthrough and provide punchlist to Contractor. Once complete, project is considered complete and closed.
Material costs have been calculated based on the current prices for labor, equipment, and the component building materials. However, the market for building materials is considered to be volatile, labor shortages are possible, and sudden price increases could occur.
If prices have escalated due to tariffs, material shortages, labor unavailability, or any other event beyond Contractor's control, Contractor may be entitled to an equitable adjustment in the contract sum.
6. Change Orders
Property Owner or contractor, by written change order, may require or request changes, within the general scope of this agreement, in the schedule, specifications, or quantity of work, to be performed. The change order, once signed by both the contractor and the Property Owner, will become a part of this agreement subject to the same terms. Compensation for the change order will be due upon commencement of the work, or as otherwise agreed upon. Contractor shall be entitled to an equitable adjustment in the price and/or time of performance required by such change order. All claims for equitable adjustment shall be presented in writing to Property Owner prior to proceeding with work that affects the scope in question, and shall contain such supporting information and documentation regarding the cost of such change as customer may require. If not so timely presented, such claim shall be deemed waived and work shall continue.
7. Term of Agreement
The term of this Agreement shall become effective on the date indicated above and shall continue in full force and effect until work as indicated on the Property Owner approved estimate or change order(s) is complete, unless terminated in accordance with the terms hereof.
8. Supervision
Contractor is responsible for the direct management and supervision of its personnel, employees and its independent contractors. At no point should a Property Owner or it’s representatives attempt to direct the work directly to an employee or independent contractor of the Contractor.
9. Performance Standards
Contractor agrees that the Services provided will be performed in conformity with normal applicable standards in said industry and also based on current site conditions.
10. Qualifications and Removal of Employees
Contractor agrees that Services to be provided will be performed by qualified employees or independent contractors. Contractor further agrees that upon request of Property Owner it will remove from the performance of Services hereunder any of its employees or independent contractors who, in the reasonable opinion of Property Owner, are guilty of improper conduct or appear not qualified to perform assigned work.
11. Time of Performance
Contractor will perform the described duties in compliance with local laws and is not limited to Monday through Friday only. Unless a change order is approved, working overtime to complete the project is not a reasonable expectation.
12. Risk of Loss
Contractor will provide reasonable safeguards to protect the jobsite. Risk of loss of tools and material on the jobsite will be the responsibility of the Contractor. Damage to or loss of installed material shall be the risk of the Property Owner.
13. Insurance
Contractor shall maintain and cause Contractor's subcontractors to maintain during the term of this Agreement all proper insurance as prescribed by the law of the state or nation in which the work is performed, to include but not limited to: (i) Worker’s Compensation insurance or state waiver; (ii) Comprehensive General Liability ("CGL") Insurance, with limits of at least $1,000,000 combined single limit for personal injury and property damage for each occurrence.
14. Compliance with Laws
Contractor will secure all permits required to perform the described duties, unless otherwise agreed to with the Property Owner, and will comply with all applicable worker's compensation, employer's liability, and other federal, state, county and municipal laws, ordinances, rules, and regulations.
15. Termination
Property Owner may terminate this Agreement for any or no reason at any time by giving Contractor five (5) days prior written notice. Payment will be made for any work completed to the point of termination, as determined by the Owner. In the event of default by either party, the non-defaulting party may give notice of such default to the defaulting party. If the defaulting party does not cure within ten (10) days of such written notice, the non-defaulting party may terminate this Agreement by giving written notice of such termination and upon the expiration of five (5) days thereafter.
16. Amendment
This Agreement may be modified, amended or supplemented only as provided herein or by a writing signed by authorized representatives of all parties hereto.
17. Subcontractors
Contractor shall cause this Agreement to be incorporated by reference in every such contract. Contractor hereby agrees that all subcontractors shall be subject to any terms and conditions that Property Owner, in its sole discretion, may deem necessary.
18. Assignment and Successors
Contractor shall not assign this Agreement whether by operation of law or otherwise in part or in full with the prior written approval of Property Owner and subject to such terms and conditions as Property Owner, in its sole discretion, may deem necessary. This Agreement shall be binding among the parties hereto and their successors and assigns.
19. Entire Agreement; Conflicting Provisions
This Agreement together with any attachments, change orders or schedules constitutes the entire agreement between Property Owner and Contractor with respect to the subject matter hereof and no representation or statement not contained in the main body of this Agreement or such attachments or schedules shall be binding upon Contractor or Property Owner as a warranty or otherwise.
20. Governing Law and Interpretation.
This Agreement shall be construed by and governed under the laws of the State of Indiana, and the parties hereby irrevocably agree to submit to the jurisdiction and venue of the courts of the State of Indiana in Marion County to resolve any dispute arising hereunder or relating hereto. Words importing gender shall include all genders and words importing number shall include both singular and plural, unless the context otherwise requires.
21. Notices
Any and all notices or other communications required or permitted by this Agreement or by law to be delivered to, served on or given to any party shall be in writing and shall be deemed properly delivered or served when personally delivered to the party to whom directed, or in lieu of such personal service, when sent by registered or certified U.S. mail, return receipt requested, postage prepaid, addressed as follows:
If to Contractor (Name/Address): StolCo Designs, 1950 E Greyhound Pass #18-225, Carmel, IN 46033
Attorney’s Fees the At Fault Party ruled by the courts is responsible for paying all of attorney’s fees, court costs, and any other fees associated with enforcement of this contract and any collection matter of any judgment or agreed settlement or similar such case thereto.
22. Severability of Invalid Provisions.
If any provision of this Agreement or Contract shall be held to be invalid, void or unenforceable, the remaining provisions hereof shall not be affected, or impaired, and such remaining provisions shall remain in full force and effect.
23. Payment Schedule
Weekly, based on percent-complete, unless otherwise agreed to in writing. Payments shall be made via ACH transfer or other online payment method. Should payments bounce, lapse or not be paid on time, Contractor will stop all work. Once payment has cleared, the work will be rescheduled and commence as the schedule allows. There will be a penalty of 3% of the remaining contract value if the project is stopped for non-payment. The penalty will be processed as a change order, not subject to the Property Owner’s approval.