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P and K  Roofing and General Contracting

  1. Work Involved: Contractor agrees to undertake the work described in the Estimate attached hereto and incorporated herein by reference (the “Work”). Owner agrees to pay for the labor and materials listed on the Estimate plus any subsequent change orders or purchase orders authorized by Owner.

  2. Subcontractors: Contractor, in its sole discretion, may delegate any portion of the Work by subcontracting with qualified subcontractors.

  3. Time of the Essence: Time is of the essence in the performance of the obligations under this Agreement.

  4. Time of Commencement: Owner will permit Contractor to schedule and to begin the Work within ninety (90) days of the sooner of: (i) Owner’s signing this Agreement or (ii) Owner’s insurance company, if any, approving the proposed Work. Should Contractor be unable to begin the Work within said ninety (90) days, due to inability to obtain a building permit or any other cause beyond Contractor’s control, either party may cancel the contract by giving written notice to the other party. In such event, Contractor’s liability shall be limited to refunding any monies paid by Owner, less costs and expenses incurred by Contractor.

  5. Time of Completion: Completion shall occur upon substantial completion of the Work in accordance with this Agreement and applicable laws. Upon notice of Completion, Owner shall inspect the Work with Contractor and provide Contractor a Final Punch List by which Contractor can fully complete the Work.

  6. Effects of Final Payment: The making of the final payment shall constitute a waiver of all claims by Owner, except those arising from unsettled liens, from failure of the work to comply with requirements of this Agreement, or from faulty or defective workmanship appearing after Completion or as identified in the Final Punch List. Owner will sign and deliver to Contractor a Certificate of Completion upon completion of the Work. A final Release of Claim will be mailed by Contractor to Owner after all payments have cleared to the Contractor’s bank account.

  7. Default: If Owner defaults in any obligation contained herein, including but not limited to rendering payment in full to Contractor when due, Owner will be in default under this Agreement. Upon the occurrence of such default, Contractor shall have the right to cease work immediately, terminate this Agreement, and initiate any applicable legal proceeding to collect the full amount due under this Agreement. Owner agrees that, upon the occurrence of an Owner default, the unpaid indebtedness shall bear interest at a rate of the lower of (i) eighteen percent (18%) per annum and (ii) the highest amount allowed by law. Owner further agrees to pay Contractor’s attorney fees, costs, and disbursements for costs incurred by Contractor to enforce its rights under this Agreement.

  8. Disclaimers; Limitations on Liability: (i) Unless all adjoining sloped roofs are completely replaced as part of the Work, Contractor is not responsible for any leaks in replaced flat roofs or decks. (ii) Contractor assumes no responsibility for or liabilities arising from roofs not meeting 1/8” in 12” minimum slope as required by the Georgia Building Code and/or any other prevailing municipal, county, or state requirements. (iii) Contractor is not responsible for warping, bowing, or buckling of any new or pre-existing wood or fascia. (iv) Contractor does not guarantee that materials will match in color or texture. (v) Contractor accepts no responsibility for ponding or standing water. (vi) Contractor is not liable for any property damages or injuries to Owner or any person invited by Owner, resulting from Owner’s inspection of the Work, regardless of whether Contractor supplied inspection equipment, including but not limited to ladders.

  9. Warranty and Exclusions: (i) All Work will be performed in a workmanlike fashion according to general industry standards. (ii) Contractor will do all work according to the Georgia Building Code. (iii) the use of any subcontractor shall not relieve Contractor of full responsibility to Owner for the Work. (iv) Contractor warranties all labor for ten (10) years from Completion of the Work. This warranty is in lieu of any and all other warranties, whether express or implied by law. (v) Contractor is not responsible for any nail pops or cracking to any drywall, plaster, stucco, brick, tile, concrete or any other part of the building as a result of removing/installing roof. (vi) Contractor is not responsible for any damage to driveway, sidewalks, yard, and is not responsible for any leaks/damage that may occur before roof is finished. (vii) Contractor is not responsible for any damages to personal property or physical injury as a result of vibrations caused by hammering or walking on structure or any other normal work operations necessary for completion of the Work. (viii) Contractor shall not assume liability or be held liable for any damages to any unforeseen items such as air-conditioning and/or water lines, wiring that is not protected from nails being driven into wood, or improperly-installed structures, resulting from normal operations related to the Work.

  10. Owner’s Liabilities and Responsibilities: (i) Owner will not permit anyone to use in any manner any material, sand, or equipment utilized in connection with the Work and accepts all responsibility and resulting liability for any personal injury and/or property damage which occurs due to such prohibited activity. (ii) Prior to the start of the Work, Owner is responsible for removing or protecting any property from construction damage, including but not limited to gutters, furniture, antennas, screen enclosures, air conditioning and heating units, pool systems, decorative items, landscaping, vehicles, pets, household items, finished surfaces, and driveways. Where Contractor disclaims liability in this Agreement, Owner will indemnify Contractor for related claims.

  11. Cancellation: If this Agreement is breached or canceled by Owner prior to materials arriving at Contractor’s location, Owner will be required to pay Contractor a fee equal to fifteen percent (15%) of the Total Payment as liquidated damages. If materials have been delivered to Owner’s site, Owner will be required to pay Contractor a fee of twenty-five percent (25%) of the Total Payment as liquidated damages.

  12. Governing Laws; Venue; Jurisdiction: This Agreement shall be governed by the laws of the State of Georgia. Each party waives its rights to a trial by jury in any dispute about or involving this Agreement. Any litigation or other dispute resolution relating to this Agreement shall take place exclusively in Cherokee County, Georgia, unless such condition is waived by Contractor in its sole discretion. Both parties hereby consent and waive all objections to the personal jurisdiction of, and venue in, the courts within Cherokee County, Georgia, with respect to this Agreement.

  13. Assignment: Contractor may assign this Agreement without Owner’s consent. Owner may not assign this Agreement without Contractor’s prior written consent, which consent shall be in Contractor’s sole discretion.

  14. Modifications: All modifications to this Contract shall be in writing by change order, purchase order, or similar document signed by both Owner and Contractor, and all costs related to such modifications are due in full at Final Payment.

  15. Notice of Completion: If Owner, for any reason, records a Notice of Completion with operates to shorten the lien period Owner shall immediately notify Contractor and deliver a copy of that notice to Contractor by certified mail.

  16. Insurance Estimate: The estimate from the insurance company or Contractor is part of this Agreement if such has been supplied.

  17. Force Majeure: Contractor shall not be penalized for delays for any cause or event not reasonably within the control of Contractor, including any act or neglect of Owner or any other person employed by Owner, and including but not limited to acts of God; strikes, lockouts or other industrial disturbances; shortages of materials; acts of public enemies; orders of any kind of the government of the United States of America, the State of Georgia, or other controlling jurisdiction; lightning; earthquakes; fires; hurricanes; tornadoes; storms; floods; washouts; droughts; civil disturbances; explosions; breakage or accident to machinery; unusual delay by common carriers, or partial or entire failure of utilities.

  18. Entire Agreement: This Agreement, including any estimates attached hereto or subsequent change orders, constitutes the entire agreement between the parties and supersedes all agreements, representations, statements, promises, and understandings, whether written or oral, not specifically set forth herein in connection with the subject matter hereof. Owner represents and warrants that Owner has not in any way relied upon any oral or written agreements, representations, warranties, statements, promises, or understandings not specifically set forth in this Agreement or in any estimate attached hereto.

  19. Yard Sign: By signing this Agreement, Owner agrees to keep Contractor’s yard sign in the front of Owner’s house for 45 days after Completion of the Work.

  20. Photo Waiver and Release: By signing this Agreement, Owner allows Contractor to take and use pictures of Owner’s house for promotional purposes.

  21. Approval: By signing this Agreement, Owner represents that he has read and understood, and that he approves of and agrees to be bound by, the terms and conditions set forth herein.

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