Article 1. CONTRACT DOCUMENTS

Article 1.1. The contract documents consist of this agreement, general conditions, construction documents, specifications, allowances, finish schedules, construction draw schedule, information disclosure statement, all addenda issued prior to execution of this agreement, and all change orders or modifications issued to and agreed to by both parties. All documents noted herein shall be provided to the Contractor by the Owner. These contract documents represent the entire agreement of both parties and supersede any prior oral or written agreement.

Article 1.2. You are entitled to a completely filled in copy of this agreement, signed by both you and the contractor, before any work may be started. (Written in at least 12-point roman boldface type)

Article 2. DESCRIPTION OF THE PROJECT AND DESCRIPTION OF THE SIGNIFICANT MATERIALS TO BE USED AND EQUIPMENT TO BE INSTALLED

Article 2.1. The Contractor agrees to remodel the above mentioned project according to the plans, drawings, addenda, modifications, and specifications set forth in the estimate/specification booklet.

Article 3. DUTIES OF THE CONTRACTOR

Article 3.1. All work shall be in accordance to the provisions of the plans and specifications. All systems shall be in good working order.

Article 3.2. All work shall be completed in a workman like manner, and shall comply with all applicable national, state and local building codes and laws.

Article 3.3. All work shall be performed by licensed individuals to perform their said work, as outlined by law.

Article 3.4. Contractor shall obtain all permits necessary for the work to be completed unless requested not to by Owner.

Article 3.5. Contractor shall remove all construction debris and leave the project in a broom clean condition.

Article 4. OWNER

Article 4.1. The Owner shall communicate with subcontractors only through the Contractor.

Article 4.2. The Owner will not assume any liability or responsibility, nor have control over or charge of construction means, methods, techniques, sequences, procedures, or for safety precautions and programs in connection with the project, since these are solely the Contractor’s responsibility.

Article 5. NOTE ABOUT EXTRA WORK AND CHANGE ORDERS

Article 5.1. A Change Order is any change to the original plans and/or specifications. All change orders need to be agreed upon in writing, and signed by you. Change Order documents include cost, additional time considerations, the scope of materials and work to be completed. The Owner may not require the Contractor to perform extra or change order work without providing written authorization prior to the commencement of any work covered by the new change order.

Article 5.2. 50% of each change order will be paid prior to the change, with the remaining amount paid upon completion of the change order. A 25% fee shall be added to all change orders and overages in excess of initial allowances. Additional time needed to complete change orders shall be taken into consideration in the project completion date.

Article 5.3. Extra Work and Change Orders become part of the contract once the order is prepared in writing and signed by you prior to the commencement of any work covered by the new change order. The change order must describe the scope of the extra work or change, the cost to be added or subtracted from the contract, and the effect the order will have on the schedule of progress payments.

Article 5.4 The Contractor’s failure to comply with the requirements of this paragraph does not preclude the recovery of compensation for work performed based upon legal or equitable remedies designed to prevent unjust enrichment.

Article 6. INSURANCE

Article 6.1. General Liability Insurance. The Contractor carries commercial general liability insurance written by The Main Street American Group. You may call BTC Insurance Services LLC at (801) 327-0117 to check the contractor’s insurance coverage. A certificate of coverage may be provided upon written request.

Article 7. GENERAL PROVISIONS

Article 7.1. If conditions are encountered at the construction site which are subsurface or otherwise concealed physical conditions or unknown physical conditions of an unusual nature, which differ naturally from those ordinarily found to exist and generally recognized as inherent in construction activities, the Owner will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor’s cost of, and/or time required for, performance of any part of the work, will negotiate with the Contractor an equitable adjustment in the contract sum, contract time or both.

Article 8. HAZARDOUS MATERIALS, WASTE AND ASBESTOS

Article 8.1. Both parties agree that dealing with hazardous materials, waste, or asbestos requires specialized training, processes, precautions and licenses. Therefore, unless the scope of this agreement includes the specific handling, disturbance, removal, or transportation of hazardous materials, waste, or asbestos, upon discovery of such hazardous materials the Contractor shall notify the Owner immediately and allow the Owner/Contractor to contract with a properly licensed and qualified hazardous material contractor. Any such work shall be treated as a pre-existing condition and will require a Change Order resulting in additional costs and time considerations regardless of the cause for remediation.

Article 9. MECHANICS’ LIEN WARNING

Article 9.1. Anyone who helps improve your property, but who is not paid, may record what is a 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 register.

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 Notice.

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 lines by getting a list from your contractor of all the subcontractors and material suppliers that work on your project. Find out from you 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 Utah's DOPL website at dopl.utah.gov or call (801) 530-6628.

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.

Article 10. ARBITRATION OF DISPUTES

Article 10.1. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Article 10.2. Notice: Ba approving the estimate you are agreeing to have any dispute arising out of the matters included in the ‘Arbitration of Disputes’ provision decided by neutral arbitration as provided by Utah and California law and you are giving up any rights you might possess to have the dispute litigated in a court of Jury trial. By approving the estimate you are giving up your judicial rights to discovery and appeal, unless those rights are specifically included in the ‘Arbitration of Disputes’ provision. If you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate under the authority of the business and professions code or other applicable laws. Your agreement to this arbitration provision is voluntary.

Article 11. WARRANTY

Article 11.1. At the completion of this project, Contractor shall execute an instrument to Owner warranting the project for 1 year against defects in workmanship or materials utilized. The manufacturers warranty will prevail. No legal action of any kind relating to the project, project performance or this contract shall be initiated by either party against the other party after 1 year beyond the completion of the project or cessation of work.

Article 12. TERMINATION OF THE CONTRACT

Article 12.1. Should the Owner or Contractor fail to carry out this contract, with all of its provisions, the following options and stipulations shall apply:

Article 12.1.1. If the Owner or the Contractor shall default on the contract, the non-defaulting party may declare the contract is in default and proceed against the defaulting party for the recovery of all damages incurred as a result of said breach of contract, including a reasonable attorney’s fee. In the case of a defaulting Owner, the Earnest money herein mentioned shall be applied to the legally ascertained damages.

Article 12.1.2. In the event of a default by the Owner or Contractor, the non-defaulting party may state his intention to comply with the contract and proceed for specific performance.

Article 12.1.3. In the case of a defaulting Owner, the Contractor may accept, at his option the earnest money as shown herein as liquidated damages, should earnest money not cover the expenses to date, the Contractor may make claim to the Owner for all work executed and for proven loss with respect to equipment, materials, tools, construction equipment and machinery, including reasonable overhead, profit and damages applicable to the property less the earnest money.

Article 13. ATTORNEY FEES AND BONDING FEES

Article 13.1. In the event of any arbitration or litigation relating to the project, project performance or this contract, the prevailing party shall be entitled to reasonable attorney fees, costs and expenses, along with bonding investigation fees or any other fees resulting from any complaint process.

Article 14. ACCEPTANCE AND OCCUPANCY

Article 14.1. Upon completion, the project shall be inspected by the Owner and Contractor, and any repairs necessary to comply with the contract documents shall be made by the Contractor.

Article 14.2. The Owner shall not occupy the property until final payment has been received by the Contractor and a Certificate of Occupancy has been obtained. Occupancy of the project by the Owner in violation of this article shall constitute unconditional acceptance of the project and a waiver of any defects or uncompleted work.

Article 15. INFORMATION ABOUT THE UTAH DEPARTMENT OF PROFESSIONAL LICENSING

Article 15.1. DOPL is the state consumer protection agencies that licenses and regulates construction contractors.

Contact DOPL for information about the licensed contractor you are considering, including information about disclosable complaints, disciplinary actions and civil judgments that are reported to DOPL.

Use only licensed contractors. If you file a complaint against a licensed contractor within the legal deadline (usually four years), DOPL has the authority to investigate the complaint. If you use an unlicensed contractor, DOPL may not be able help you resolve your complaint. Your only remedy may be in civil court, and you may be liable for damages arising out of any injuries to the unlicensed contractor or to the unlicensed contractor’s employees.

For more information:​Visit DOPL's Web site at www.dopl.utah.gov Call DOPL at (801) 530-6628

Article 16. PAYMENT AND PERFORMANCE BOND

Article 16.1. Owner may require that Contractor supply 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 reporter for further protection.

Article 17. PAYMENT TERMS AND CONDITIONS

Article 17.1. All prices quoted are discounted for Cash and Check payments.

-We accept Cash, Check, ACH Transfer, or Credit Card.

-For ACH payments please add a 1% convenience fee to all payments.

-For Credit Card payments please add a 3% convenience fee to all payments.

Build Doctors LLC
📍 13333 Copper Park Drive, Herriman, UT 84096
📞 (801) 980-9010
🌐 https://www.builddoctors.com
📧 info@builddoctors.com