Standard Terms and Conditions
A. “Company” means REVENT BUILDS
B. “Customer” means the Property owner and/or agent and/or representative and/or employee and/or contractor and/or subcontractor of the Property owner requesting Company to provide labor and/or materials.
C. “Property” means the premises and entire area of the real property and/or parcel of land to which the Customer has contracted with the Company to provide its labor and/or materials.
D. “Residence” means a single-family house, duplex, triplex, or quadruplex or a unit in a multiunit structure used for residential purposes and is sued or intended to be used as a dwelling by one of the owners of the Property.
E. “Work” means labor and/or materials and/or improvements and/or goods and/or services of whatever nature and kind to be furnished or furnished to the Property and/or Residence and/or Customer.
F. “Contract” means the entire Agreement and/or residential construction agreement and/or construction agreement and/or any other agreement between the Company and the Customer for Work to be carried out, and labor and/or materials to be furnished, by the Company to the Property and/or Residence.
G. “Invoice” means work order, change order, quotation, invoice, and/or any other communication, including, but not limited to, written, e-mail, and/or oral, which identifies requests for Work, labor and/or materials; and/or identifies Work, labor and/or materials to be provided to the Customer; and/or identifies Work, labor and/or materials to be provided, and/or already provided, to the Property.
H. “Finish Out” means the stage of the Work where wallboard is inspected and/or drywall is hung.
I. “Substantial Completeness” means the stage of the Work where plumbing and electric/lighting fixtures are installed onto the Property.
J. “Completeness” means the actual completion of the Work under the Contract including any extras or change orders reasonably required or contemplated under the Contract, other than warranty work or replacement or repair of the Work performed under the Contract.
K. “Accrual of Indebtedness” means the last day of the month in which the Contract has been completed, finally settled, or abandoned. In the event either party terminates the Contract in accordance with the Contract, the Accrual of Indebtedness occurs on the last day of the month in which a written declaration by the Company or the Customer is received by the party to the Contract stating that the contract has been terminated.
A. These Standard Terms and Conditions apply to all agreements of the Company to provide services and/or labor and/or materials to any Property and/or Residence and/or Customer, including but not limited to: new construction, repairs, renovations, remodels, maintenance, upgrades, replacements, renewals, consumable supplies and generally all labor and materials related to or incident thereto. These Standard Terms and Conditions form an integral part of all Contracts of the Company. Agreements varying these Standard Terms and Conditions must be in writing and signed by both parties.
B. These Standard Terms and Conditions shall govern and control every order for services and/or goods and/or labor and/or materials placed with the Company, whether oral or written, howsoever transmitted, whether by telephone, in writing, fax, e-mail, telex or cable communication, and shall be deemed thereby acknowledged and accepted by the Customer or on its behalf.
C. Estimates of the Company are not binding and are valid for ten (10) days from date of issuance. Estimates are subject to change until they are accepted by the Company. They shall include only the services, labor and/or materials explicitly specified therein.
D. Contracts will be deemed binding on Company once it has accepted the Contract and Invoice incident thereto in writing. This shall apply mutatis mutandis to all amendments to or alterations of Contracts.
E. The Company and the Customer have jointly reviewed the Work to be carried out, which is as described in the Contract and Invoice. The price for same shall be as noted in the Contract and Invoice, excluding however, any additional costs and/or expenses and/or additional labor and/or materials that may be required to perform additional Work over and above the scope of the Work described in the Invoice but discovered once the Company commenced to execute the Work. By way of example only and not by way of limitation, such additional Work may include dismantling for purposes of making areas accessible where Work is to be performed; cleaning and/or disposal of waste materials in compliance with applicable laws and/or regulations, and/or the discovery of additional Work that must be completed in order to undertake the Work described in the Contract and Invoice. If concealed or unknown physical conditions are encountered at the Property that differ materially from those indicated in the Contract and Invoice or from those conditions ordinarily found to exist, the Contract Sum shall be increased accordingly. Moreover, from time to time, the Customer may request additional Work and/or labor and/or materials, or may request to increase the scope of Work contained in the Contract and Invoice. All such additional Work will be charged as extra and shall be payable by the Customer, together with the price noted in the Invoice and any subsequent change orders. Furthermore, from time to time, the Company’s actual cost of materials may increase due to economic factors beyond the Company’s control. In the event that the Company’s actual cost of materials increases during the Work by more than 10% from the time the Company and Customer enter into the Contract due to economic factors outside of the Company’s control, then Customer shall pay the actual increase in price of materials. Company shall promptly furnish all such increases in price of materials to Customer in writing. By way of example only and not by way of limitation, such price increases may apply to the price of lumber, glass, concrete and steel.
F. All materials under the Contract between Company and Customer shall be supplied and installed by Company, unless explicitly agreed to in writing.
G. All labor under the Contract between Company and Customer shall be provided by Company, unless explicitly agreed to in writing. For the avoidance of doubt, this includes the hiring of all tradesmen, sub-contractors, contractors, and/or any other type of laborer under the Contract. No tradesman, sub-contractors, contractors and/or any other type of laborer are permitted on the Property while Work is ongoing by Company, unless hired by Company.
H. While Work by Company is ongoing on the Property, Customer and/or Customer’s representative shall ask for permission to enter the job site.
I. The person agreeing to the Contract and Invoice and/or signing the Contract and Invoice, warrants to the Company it is authorized to accept the Contract and Invoice for and on behalf of the Customer whose name appears on the Contract and Invoice.
- Up to $2,000,000 General Liability Policy; and
- Individual project-specific Builder’s Risk Insurance.
A. Company shall provide contractor’s general liability and other insurance as follows:
B. Customer shall provide property insurance to cover the value of the Customer’s property, including any Work provided under this Agreement. The Company is entitled to receive an increase in the Contract Sum equal to the insurance proceeds related to a loss for damage to the Work covered by the Customer’s property insurance.
C. Unless specifically precluded by the Customer’s property insurance policy, the Customer and Company waive all rights against (1) each other and any of their subcontractors, suppliers, agents and employees, each of the other; and (2) the architect, architect’s consultants and any of their agents and employees, for damages cause by fire or other causes of loss to the extent covered by property insurance or other insurance applicable to the work.
D. Customer shall provide certificate of insurance showing coverage prior to commencement of Work.
A. The payment amount agreed hereunder is due and owing as follows: 50% down payment of total Contract sum required before rendering of any services and/or commencement of Work on the Property; 25% payment of total Contract sum after passing wallboard inspections and/or after drywall is hung; 90% of REMAINING BALANCE due upon Substantial Completeness; remaining balance (“Final Payment”) due upon completion of touch ups and final walkthrough.
C. Upon Final Payment inclusive of any statutory retainage withheld by Customer, Company shall execute releases and waivers of any Mechanic’s and Materialman’s liens Company may be entitled to claim on the Property.
5. Permits and Inspections
A. Customer shall be liable for all applicable permitting fees and costs necessary to carry out the Work described in the Contract and Invoice.
B. Customer shall pay for other necessary approvals, easements, surveys, assessments and charges.
C. If requested by Company, the Customer shall furnish all necessary surveys and a legal description of the Property.
D. Company shall obtain all necessary permits to carry out the Work described in the Contract and Invoice and shall be in compliance with same.
E. At the appropriate times, Company shall arrange for inspections and approvals of portions of Work required by the Contract and Invoice or by laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities.
F. Company will not be liable for any damages, direct or consequential, for any delay whatsoever, however caused, relating to permitting and inspections, including but not limited to: delays caused by the city and/or city inspectors, unforeseen changes in the applicable building code, and/or any matters of health or life safety related to permitting and inspections.
6. MECHANIC’S AND MATERIALMAN’S LIEN ON THE PROPERTY
A. Company shall be entitled to claim a mechanic’s and materialman’s lien on the Property under Chapter 53 of Texas Property Code for the amount of the Contract and Invoice and/or the value of labor and/or materials furnished to the Customer and Property. Alternatively, or in addition, Company shall be entitled to claim a constitutional lien under Article XVI, Section 37 of the Texas Constitution on the Property for the amount of the Contract and Invoice and/or the value of labor and/or materials furnished to the Customer and Property.
B. Customer agrees that it will execute all documents necessary in order for Company to perfect its mechanic’s and materialman’s lien on the Property.
C. Customer acknowledges that a mechanic’s and materialman’s lien may encumber homestead exempted property and may adversely affect Customer’s property rights. Customer should consult a licensed attorney to understand how mechanic’s and materialman’s liens may adversely affect the Property.
D. In the instance that Company is acting as general contractor under the Contract, Contract shall inure to the benefit of all persons who furnish labor or furnish material for the Company.
7. WARRANTY AND CORRECTION OF WORK
A. Company warrants that: it will carry out all Work in accordance with industry standards; materials and equipment furnished under the Contract and Invoice will be new and of good quality unless otherwise required or permitted by the Contract and Invoice; the Work will be free from defects not inherent in the quality required or permitted; and Work will conform to the requirements of the Contract and Invoice.
B. If a third-party “1-2-10 warranty” is provided to the Customer under the Contract and Invoice, then the third-party “1-2-10 warranty” is the exclusive warranty available to Customer and no other warranty shall apply to Work carried out by Company. See applicable third-party 1-2-10 warranty for details.
C. In the absence of a third-party warranty, Company guarantees its Work as follows: labor and materials for twelve (12) months; mechanical, electrical and plumbing systems for twenty-four (24) months. Manufacturer’s warranty may also be available to Customer, provided Customer registers any eligible systems, appliances and/or products. Company shall not be responsible for registering Customer in accordance with any applicable manufacturer’s warranty.
D. In the unlikely event Customer should discover Work not conforming to the requirements of the Contract and Invoice directly performed by Company during warranty period, Customer shall provide Company written notice of same. Company shall exercise its best efforts to correct Work promptly.
E. Warranty only applies to areas directly worked on by Company described in Contract and Invoice.
F. All warranty requests must be made in writing to Company. Customer may be asked to provide pictures and additional information to Company upon submission of warranty request.
8. NO WARRANTY AS TO TIME OF COMPLETION
A. Company will use its best efforts to complete the Contract by the “Estimated Date of Completion” provided in the Contract, however, Company does not warrant the estimated date of completion of Work and will not be liable for any damages, direct or consequential, for any delay whatsoever, however caused. Moreover, Company shall not be liable to Customer for any weather-related delays.
9. LAW AND JURISDICTION
A. This agreement and/or Contract and Invoice shall be governed and construed in accordance with the laws of the State of Texas, and the Company shall be entitled to a mechanic’s and materialman’s lien on the Property identified in the Contract and Invoice for the agreed price, together with interest, costs, and attorney fees/lawyer fees, litigation and witness attendance costs and expenses, and any other legal services and litigation costs.
B. All disputes and/or claims arising out of, or in connection with this agreement and/or the Contract and Invoice, and/or any agreement relating hereto, shall be enforceable and subject to the exclusive jurisdiction of the Courts of the State of Texas. It is expressly agreed that the Company will be entitled to recover its attorney’s fees, interest and costs in any proceedings to enforce this agreement and/or the Contract and Invoice. The Company shall also have the right to proceed against the Customer, any third party, and/or the Property in such other jurisdiction as the Company, in its sole discretion, sees fit for the purpose of securing payment of any amount due to the Company from the Customer. In such circumstances, the proceedings will be governed by the law (substantive and procedural) of such jurisdiction.
A. These Standard Terms and Conditions shall be valid and binding for all Contracts, Invoices, change orders, offers, quotations, and prices made by Company as of February 1, 2021, or at any later date. These terms and condition may also be incorporated by reference to the website of the Company at https://reventbuilds.com where they have been set out, without it being necessary to be duplicated in a standard form writing.