Contract Terms and Conditions

Contract Terms and Conditions

1. CONSUMER NOTIFICATION

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.

2. CONTRACT MATERIALS

The materials and equipment to be used in the construction of your project are described more fully in the detailed estimate prepared by estimator Dr. Homes. By this reference, those estimate specifications are used to create this / your contract price and are incorporated in and made part of this / your contract.

3. START AND COMPLETION DATE

The work to be performed under this Contract shall be commenced on the approximate start date stated, as long as all conditions to commence have been met, any required building permits are received, owner is  ready and any agreed upon funds are paid to Contractor. This Project shall be completed by the approximate completion date stated, subject to permissible delays as defined in this contract. Substantial  commencement of this project shall mean: deposit payment, the first installation of work, ordering materials, delivery of materials, coordination and/or project management, arrival of employees,  subcontractors or materials to project site. The time required to complete this project will be discussed with Buyer, including working days allowed, and is stated here in writing.

4. DELAY

Contractor shall be excused and receive no damage for any delay in completion of this contract due to the following but not limited to: Acts of God; force majeure, acts or neglect of Buyer, of Buyer's agents, or of  buyer's employees or independent contractors; inclement weather; inadequate working conditions, labor trouble; product and materials embargoes or delays; acts of public utilities, public bodies, inspectors, or  non-issuance of all permits required for construction (but not related to possible defects in contractor's performance); price escalations, acceleration costs and extended home office/field office overhead and  costs; changes requested by Owner / Buyer / Architect / Planner; Buyer's failure to make progress payments promptly; delays caused by work that is not the responsibility of Contractor; or other  contingencies unforeseen by Contractor and beyond its reasonable control. During the time the Contractor is delayed, Buyer accepts all responsibility for damages that may occur, and Contractor reserves the right  to submit billing for all work and/or materials in place, which will be paid by Buyer within 5 days of invoice date.

5. PAYMENTS AND INVOICES

Payments are due immediately upon presentation of our invoice. DOWN PAYMENT - “THE DOWN PAYMENT MAY NOT EXCEED $1,000 OR 10 PERCENT OF THE CONTRACT PRICE,  WHICHEVER IS LESS.​ It is fully understood and agreed to by buyer that any and all charges for services and materials are the sole responsibility of the customer and are due on the same day upon completion of  our work. ​Contractor may provide direct to Buyer invoice(s) for each service, indicating services and material fees and/or a lump sum of the  current balance owed. If Buyer has any questions about or objections to an invoice, Contractor will provide additional explanation of the services. Any disputes regarding billing and charges must be in writing within  Three (3) days from the final invoice listing any and all disputes. All non-disputed amounts are still due in full immediately upon completion of our work. Buyer agrees that if Buyer has not advised Contractor in  writing of any questions or objections within Three (3) calendar days after the date of a progress or final invoice, that invoice will be conclusively regarded as accepted and approved, and Buyer will not be entitled  to object to the invoice thereafter.

6. AVAILABLE PAYMENT OPTIONS

1. CASH - Dr. Homes accepts cash as legal tender and offer a cash discount when payment are made within the discount period. A cash discount is a reduction in the price of merchandise or services granted  by a seller to a buyer when payment is made within the discount period. A cash discount is equal to the contract price or purchase price multiplied by the discount rate. Dr. Homes offers a 2% cash discount for  paying your down payment, progress payments and final payment of your contract price total in full and on the same day as the payment are requested. Dr. Homes also offers a 5% cash discount for paying in full  your contract price total prior to the start of your project.

2. CHECK - Dr. Homes accepts personal and business checks. Two (2) forms of ID will be requested and your signature may be requested in-person. Temporary driver licenses, social security cards, work permits,  voter registration cards, and hunting or fishing licenses are not IDs. The check must include personal and banking information. The following details must be correctly written or printed on the check: Complete  name of the payor, Current date, Bank ID numbers including account and routing/ABA numbers, Payee name (you or your business), Dollar amount, Signature. Dr. Homes will not accept Checks that are Post  dated, Stale dated, Payroll, Double endorsed, Two-party, Three-party Out of State, Altered Checks, Checks with erasures or written over amounts.

3. CREDIT CARD - Dr. Homes accepts Visa, Discover, American Express and MasterCard credit cards. Credit card payments will be processed on Dr. Homes behalf through the Quickbooks GoPayment Portal  which has been certified compliant with credit card security regulations ensuring continued security for authorized users’ financial data. For all credit card transactions Dr. Homes will assess a 2.4% to 3.75%  non-refundable convenience fee. Please note: Payment by credit card may not be available when attempting to pay a salesperson directly on your project, by mail or fax. Credit card payments will only be  accepted online or in person at Dr. Homes office.

4. DEBIT CARD - Debit card transactions are also accepted online or in person at Dr. Homes office. Debit card payments will be processed on Dr. Homes behalf through the Quickbooks GoPayment Portal and will  be processed similarly as a credit card transaction and incur a 1% and $.25 per transaction convenience fee.

5. BANK TRANSFER, eCHECK, ACH - Dr. Homes accepts bank transfers, echeck and ACH transactions. All payments will be processed on Dr. Homes behalf through the Quickbooks GoPayment Portal and will  incur a $1.00 per transaction convenience fee. Bank transfers, echeck and ACH will all require your bank routing and account numbers, account type, first and last name, phone number, dollar amount and  customer authorization.

6. FINANCING - Dr. Homes offers Ygrene award-winning PACE program financing. Property Assessed Clean Energy (PACE) enables low-cost, long-term financing for a variety of energy efficiency, renewable  energy, water conservation, storm protection and seismic improvements. PACE financing is repaid as a special assessment/tax on the property’s regular property tax bill and is processed the same way as other  local public benefit assessments (sidewalks, sewers) have been for decades. Depending on where you live, PACE financing can be used for improvements on commercial, residential, nonprofit, light industrial  and agricultural properties. Ygrene can be used to pay for hundreds of PACE-eligible energy efficiency and renewable energy upgrades, including associated installation costs. In certain states, electric vehicle  charging stations, water conservation improvements, storm/wind protection and seismic retrofits are also eligible for financing. 

Some of the most commonly financed improvements are qualified solar systems, energy-efficient heating and cooling systems, windows, doors, roofing, insulation and ducts, pool pumps, water heaters, drought tolerant landscaping and water-saving plumbing repairs. Ygrene’s award-winning PACE program provides 100 percent, no money down PACE financing to help property owners make cost-effective energy efficiency, renewable energy, water conservation, safety and storm protection improvements to residential, multifamily, commercial and agricultural buildings. Eligibility is based on equity and your ability to pay, among other factors. No minimum FICO score is required. Payments can be spread out up to 30 years in some states, and your first annual payment may be deferred for up to one year or longer, subject to underwriting guidelines, approvals and date of funding. First, check your eligibility. If your property is in one of our service areas, you can apply online and get prequalified in minutes. Eligibility is based on equity and your ability to pay, among other factors—not your FICO score. Payments are made through a special tax/assessment added to your property tax bill and repaid with terms of up to 30 years in some states, depending on the location of the property and type of improvement. The special tax/assessment (your payment) is secured by a continuing lien on your property. If you sell your property, payments may transfer to the new owner. Keep in mind that property taxes are legally transferable when you sell or refinance your property, however, some mortgage lenders may require full repayment (payoff) of any remaining special tax/assessment upon sale or refinance. If you're considering selling or refinancing anytime soon, check with your lender first.

7. IN-PERSON. Payments in-person by cash, check or money order can be presented to your salesperson while on your project or at the Dr. Homes Office during regular business hours. Credit and debit cards,  cash, check or money order are all accepted for in-person payments located in the Dr. Homes Office. The non-refundable credit and debit card convenience fee will still apply.

8. BY MAIL. Check and money order payments can be mailed to the following address: Dr. Homes 5115 Winthrop St. San Diego, CA 92117.

7. PENALTY FOR LATE PAYMENTS

A penalty fee for late and or non-payment shall be One Hundred and Fifty Dollars $150.00 for late payment, not including interest, finance or collection fees. Payments are due immediately upon  presentation of our invoice. A finance charge of 24% APR will be applied to any remaining balances that remains unpaid Three (3) days after billing and submission of our invoice. In the event that any invoice is  not paid as required by this Contract, Buyer agrees that Contractor will have the right at any time to discontinue further services and on any other pending or future matters, and to withdraw as Contractor in  any pending or future issues. In connection with any such withdrawal, Buyer agrees that Contractor will have the right to disclose this fee agreement in arbitration or a court proceeding. Buyer agrees to be  personally responsible for all charges in this matter.

8. BAD CHECK WRITING FEES

BEWARE... IF YOUR CHECK BOUNCES YOU COULD BE ARRESTED & PROSECUTED – ​This business reports bad-check writers to the San Diego County District Attorney’s Office. Protect Yourself. Be  sure you have adequate funds on deposit before you write a check. Return Check Fees from our bank of $35.00 will be charged to you plus our Return Check Fee of $45.00. Passing a bad check with intent to  defraud is a crime. California Penal Code, Section 476a.

9. FUNDING OBSTRUCTIONS

Inadequate funding procedures due to client’s financial institution or client’s lack of ability to meet construction fund needs or Buyer’s inability to afford the completion of project is not the responsibility of the  Contractor and is grounds for termination of this Contract. Contractor shall have the right to cease work on the Project if any amount due Contractor has not been paid when due. If Buyer is unable to complete this  project due to financial incapacity, Contractor will not be held responsible for completion of this project, all work will stop immediately and Contractor will depart from this project with no liability to continue and/or  complete or guarantee project for Buyer.

10. WAIVER AND RELEASE UPON PAYMENT

Upon request and satisfactory payment for any portion of the work performed, pursuant to California Civil Code Section 3114, Contractor shall furnish Buyer with either a progress or final waiver and release from  any claim or mechanics lien for that portion of the work for which payment has been made.

11. CONDITIONS AND LIMITATIONS

Unless otherwise stated, Contractor will furnish all labor, materials, equipment, supervision and contract administration to complete this project in a good and workmanlike manner. Contractor shall comply with all  laws and standards applicable to the construction industry in the state of California, including compliance with CAL-OSHA safety standards and codes. Contractor promises to perform duties in a manner consistent  with generally accepted procedure for the construction industry. Dr. Homes Inc. shall not be liable for any water damage consequential or otherwise that may occur before or prior to completion of work and  issuance of warranty. It is the Owner’s, Buyer's, Tenant's responsibility to cover, protect, or remove any and all valuables. Contractor shall not be held liable or held responsible for possible pre-existing damage or  unforeseeable conditions including but not limited to the following: to interior walls and ceilings, trusses or joists, flooring or flooring joist, wall contents, previous water intrusion and damage, results that have  weakened the existing structure, improperly installed and/or fastened construction materials; (iii) Age or condition of structural wood members, dry / water rot, termite damage, vibration transmitted through the  ceilings during rooftop operations, any water that enters the structure between existing roofing materials, existing defects or code violations. If such corrective work is reasonably necessary and Owner, buyer or  Agent refuses to have corrective work done by Contractor, any and all written and/or implied warranties, in all areas affected by pre-existing defective or incomplete work shall be deemed void and not covered under  Dr. Homes Inc. Guarantee.

12. CONTRACTOR GUARANTEE AND WARRANTY

Contractor will guarantee most work furnished on this project against defective construction or workmanship for a period of one (1) year following the completion of this project unless otherwise stated.  Damage caused by conditions beyond our control, such as Acts of God, water, moisture, mist, wind, severe heat or cold, ice, earthquakes, electrostatic, salt corrosion, vandalism, settlement of buildings, Acts of the  Buyer or any/all of their agents, etc., will not be covered. Walks, slabs, brick, block and stone work (masonry walls and work) are NOT guaranteed against normal cracking, checking, raising, settling, or  discoloration. Contractor makes no guarantee, promise or representation whatsoever regarding the final outcome of any of the following; color selection, design, plans, architecture, structural issues, patterns,  materials, products, parts, costs, descriptions, surveying, testing, engineering, consulting, subcontractors, or any other outside services etc., not directly chosen by Contractor. Contractor will investigate any  problem and in the event the cause of the problem is not due to defects in materials or labor provided for in this contract, contractor will have the right and will be entitled to charge $105.00 Per Hour plus materials for  said inspection and/or repairs.

13. MANUFACTURER WARRANTIES

Contractor warrants that the new products installed will be applied according to the written specifications and consistent with appropriate Manufacturers requirements and standard and acceptable construction  practices. All manufactured equipment or products installed as provided for in this Contract carry the manufacturer’s warranty only. Contractor does not directly provide or service third party warranties or  guarantees on products or services. Buyer will be directly responsible for identifying, registering, maintaining and managing said warranties or guarantees. All guarantees and warranties will become  effective only if Buyer has complied with all Terms and Conditions, payments, and other provisions of this contract. Where Buyer has work performed by others that is not provided for this contract, Contractor shall  not be held liable for such work or for loss or damage, if any, which may result there from.

14. SUBCONTRACTORS

Contractor reserves the right to use subcontractors at any time, for the entire project or any portion thereof. It shall be understood by Buyer that Contractor may not install said materials or products directly, but that  by the acceptance of this contract, Buyer authorizes Contractor to arrange with a licensed subcontractor to make the installation. Buyer authorizes Contractor (i) to issue to said subcontractor an installation work  order with specification shown herein and (ii) to pay the subcontractor his charge for such installation upon your execution of a completion certificate establishing that the installation has been satisfactory completed.  Buyer agrees to pay Contractor the amount specified herein, which will cover the price of said materials, products and the installation charge.

15. EXISTING CONDITIONS

Dr. Homes calls attention to the Buyer the limitations of patching plaster and stucco, matching paint, matching texture and/or matching any finished, factory finished or powder coated product. Dr Homes will  make every effort to match all existing conditions, i.e., levels, slopes, visuals, textures and colors; however exact duplication is not promised or guaranteed.

16. REPRESENTATIONS OF BUYER / OWNER

Buyer agrees that any information, factors or measurements that Buyer gives to Contractor are correct and complete. Buyer is responsible for any specialty work described in Notes or Exclusions. Unless otherwise  specified, this contract price is based upon Buyer’s representations that building site is not filled ground or hard rock and that there are no conditions preventing Contractor from proceeding with usual construction  procedures and that all existing electrical and plumbing work comply with applicable building code requirements and are capable of carrying the extra load caused by the work to be performed by the  Contractor. Any electrical or gas meter charges required by public authorities or utility companies are not included in the price of the contract unless included in the specifications. If existing conditions are not as  represented thereby necessitating additional excavation, blasting, plumbing, electrical, or other work the same shall be paid for by Buyer as extra or additional work. Additionally, expenses incurred because of  unusual or unanticipated underground conditions (e.g. fill, rock, and groundwater) shall be paid for by Buyer as extra work. Buyer agrees to abide by the contract pricing, terms and agreements and most of all,  agrees to remain communicative with Contractor and all of his agents even in the most difficult situations or circumstances.

17. ACCESS

Buyer shall provide or cause to be provided to Contractor such access to the job site as Contractor may reasonably require for the performance of work contemplated herein. In the event Buyer authorizes  Contractor access through adjacent properties for Contractor’s use during construction, Buyer is required to obtain permission from the owner(s) of the adjacent properties for such use and Buyer agrees to be  responsible and to hold Contractor harmless and accept any risks thereof.

18. MOLD, LEAD, ASBESTOS

Buyer hereby represents that Owner and Contractor has no knowledge of the existence on or in any portion on or off the premises affected by this project, any asbestos, lead paint, mold (including all types of  microbial matter or microbiological contamination, mildew or fungus), or other hazardous materials. Testing for the existence of mold and other hazardous materials shall only be performed by an independent  laboratory. Contractor shall not be testing or performing any work whatsoever in an area that is not identified in this scope of work, unless the Contract specifically calls for the testing or work, Lab that’s  testing, removing, disturbing or transporting asbestos, polychlorinated biphenyl (PCB), mold, lead paint, or other hazardous substances or materials, buyer acknowledge that such work requires special procedures,  precautions, certifications and/or licenses. Therefore unless the contract specifically calls for this type of work, if Contractor encounters such substances, Contractor shall immediately stop work and notify the  Buyer/Owner/Adjuster of the materials and either request for an unbiased testing facility or laboratory and/or request to perform the work itself at Buyers/Owners and Contractors option. Said work will be  treated as an extra under this contract, and the Contract Terms setting forth the time for completion of the project and conditions may be delayed, amended or extended.

19. REQUIRED BUILDING PERMITS

Buyer shall obtain, pay for, and maintain any and all building permits that may be required by the City of San Diego, County of San Diego, or any other public agency with jurisdiction over the work. Buyer shall  also be responsible for all taxes, assessments, fees and charges required by all public agencies. In the event Buyer retains Contractor services to provide permits, Buyer shall still remain responsible for all taxes,  assessments and charges required by public agencies. In the event Buyer places any responsibility on Contractor, Contractor makes no guarantee, promise or representation whatsoever regarding the final  outcome of any pending or future matter under the terms of this Contract.

20. PLANS AND SPECIFICATIONS

The project shall be constructed according to the Plans, Drawings, and Specifications. Contractor shall be entitled to rely on the accuracy of the plans, drawings, and specifications provided by Buyer. Contractor  shall be entitled to a change in the Contract Sum and Contract Time if the Plans, Drawings and Specifications contain errors. Should Buyer, Contractor, lender, public entity, inspector or any third party  during the process of the work, request any modification, alteration or deviation in, additions to, or omission from this contract or the plans or specifications, the amount thereof, if agreed to, shall be added to or  deducted from the amount of this Contract. Upon demand of the Buyer or Contractor, the character and valuation of any and all changes, omissions, or extra work agreed upon shall be set forth in writing, legible  and signed by both parties. If any such changes, omissions, or extra work require the written approval of third parties, Buyer will secure said approval. Contractor is not deemed to have waived his right to  compensation for the extra work if the same is not provided in writing. Buyer shall assume sole and complete responsibility for architecture, structural engineering and stamped plans or set of plans used to  provide contract by Contractor and any changes or variations that may exist or be pending. Buyer shall defend, indemnify, and hold Contractor and all of its agents free and harmless from all claims, demands  and all liability real or alleged in connection with the performance of work on this project pertaining to specified architecture, structural engineering or the stamped plans or set of plans used to provide contract.  In a conflict between the contract, drawings, and specifications, the specifications shall control the drawings, and this contract shall control both. If work is displayed on the drawings but not called for in the  specifications, or if the work is called for in the specifications but not displayed in the drawings, Contractor shall be required to perform the work as though it were called for and displayed in both places.

21. NOTE ABOUT EXTRA WORK AND CHANGE ORDERS

Buyer may, without affecting the validity of this contract, order changes, modifications, deletions, and extra work by issuing written change orders during progress of the job. Extra Work and Change Orders become  part of the contract once the order is prepared in writing and signed by the parties prior to the commencement of any work covered by the new change order. The 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. 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.

22. PERFORMANCE OF EXTRA OR CHANGE-ORDER WORK NOTICE

Buyer may not require a 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. An extra work or a  change order is not enforceable against Buyer unless the change order also identifies all of the following in writing prior to the commencement of any work covered by the new change order: (i) the scope of work  encompassed by the order. (ii) The amount to be added or subtracted from the contract. (iii) The effect the order will make in the progress payments or the completion date. 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.

23. PRECAUTIONS

All walks and adjacent surfaces will be protected using drop cloths, masking paper and/or plastic. Light fixtures and other hardware will be masked off as required. All appropriate reasonable care and  precautionary measures will be taken to protect the safety of all property and persons on the premises. This proposal includes the rental of lifts, ladders, scaffolding, and all other specialty tools and/or equipment  necessary to perform the described work safely.

24. CLEANUP

Unless provided in the Scope of Work with a specific price charged or credited in the Contract Price provision, Dr. Homes may remove from Buyer / Owner property, all project related debris and all surplus  material purchased and/or created by its operation. Dr Homes shall otherwise leave the premises in a neat and broom clean condition. Project debris shall be disposed of by Contractor and/or Buyer in compliance  with state, city, and county environmental regulations.

25. LAWFUL DISPOSAL OF MATERIALS

Materials shall be disposed of by Contractor and/or Buyer in compliance with state, city, and county environmental regulations.

26. RETURN POLICY

No returns on special order items, promotional items or custom mixed paint. Installation constitutes acceptance of our product and service. Dr. Homes may remove from Buyer / Owner property, all project  related debris and all surplus material purchased and/or created by its operation without reimbursement to buyer/owner. No returns or credit provided for used product. RESTOCKING FEE before 5 days a 25%  Restock Fee, No Returns after 5 Days.

27. NOTICE OF DEFECTS

If at any time, Buyer considers any work performed by Contractor to be defective or incomplete, Buyer shall notify Contractor in writing via U.S. Postal service mail, e mail, fax or hand delivery, within Five (5) days  after Contractors last day on your project of such defective or incomplete work. If Buyer fails to notify Contractor, Buyer shall be deemed to have waived any claim based on such defective or incomplete work.

28. TERMINATION

All notices between the parties shall be in legible writing and sent by either: U.S. Postal service mail, e-mail, fax or hand delivery to the parties at the address stated in this Contract or as may be subsequently  given. Contractor will be entitled to retain and or have access to files, plans, documents, inspection cards, permits, City & County Records and any items pertaining to business related matters. Buyer understands  that any misconduct or fraud will lead to the immediate termination of this contract and legal action may be taken. Buyer will remain obligated to pay Contractor at the agreed rate for all services provided to date and  to reimburse Contractor for all authorized costs and expenses advanced within Three (3) days of discharge.

29. NOTICE OF RIGHT TO STOP WORK

If Buyer does not cooperate with Contractor and/or City and County officials or procedures, or if Buyer creates an unhealthy environment in which to work, including but not limited to verbal, psychological or  emotional abuse to Contractor, subcontractor and/or Contractor’s agents, Contractor shall have the right to stop work on the Project. All Stop Work notices will be sent to Buyer via email, fax or U.S. Postal service  within Three (3) days of incident. If an incident does in fact occur, negotiations or arbitration must commence within Three (3) days’ time following notice of right to stop work and all conclusions must be  agreed upon by all parties involved before proceeding and placed in writing. Any gross misconduct and/or undesirable actions and/or criminal or civil violations may result in an investigation and penalties may be  pursued in conformance with applicable laws and regulations of the State of California. Buyer will remain obligated to pay Contractor at the agreed rate for all services and materials provided to date.  Reimbursement to Contractor for all authorized costs and expenses advanced must occur within Three (3) days.

30. DISCHARGE OF CONTRACTOR

Buyer may discharge Contractor by written notice effective upon the date of receipt by Contractor. Unless otherwise agreed by Contractor and Buyer in writing, Contractor will provide no further services on buyer  behalf after receipt of such notice. Notwithstanding the discharge, Buyer will remain obligated to pay Contractor at the agreed rate for all services provided to date and to reimburse Contractor for all authorized  costs and expenses advanced within Three (3) days of discharge.

31. MECHANICS’ LIEN WARNING

Anyone who helps improve your property, but who is not paid, may record what is 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 recorder. 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 Notices. 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.

32. PROTECT YOURSELF FROM LIENS

You can protect yourself from liens by getting a list from your contractor of all the subcontractors and material suppliers that work on your project. Find out from your 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 CSLB website at www.cslb.ca.gov or call CSLB at 800-321-CSLB (2752). 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. In the event that any legal proceedings must be instituted to recover the  amount due, Dr. Homes Inc. / Dr. Homes shall be entitled to recover all costs of collection, including reasonable attorney and collection fees plus interests and penalties.

33. INFORMATION ABOUT THE CONTRACTORS STATE LICENSE BOARD (CSLB)

CSLB is the state consumer protection agency that licenses and regulates construction contractors. Contact CSLB for information about the licensed contractor you are considering, including information  about disclosable complaints, disciplinary actions and civil judgments that are reported to CSLB. Use only licensed contractors. If you file a complaint against a licensed contractor within the legal deadline (usually  four years), CSLB has authority to investigate the complaint. If you use an unlicensed contractor, CSLB may not be able to 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 the unlicensed contractor's employees. For more information: Visit CSLB's Web site at www.cslb.ca.gov Call CSLB at 800-321-CSLB  (2752) Write CSLB at P.O. Box 26000, Sacramento, CA 95826.

34. WARNING – PROPOSITION 65 COMPLIANCE STATEMENT​: IT IS THE RESPONSIBILITY OF THIS BUSINESS TO WARN ITS CUSTOMERS AND EMPLOYEES THAT PRODUCTS SOLD OR USED  ON THESE PREMISES MAY CONTAIN CHEMICALS KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER OR BIRTH DEFECTS. CALIFORNIA HEALTH AND SAFETY CODE SEC. 25249.6

35. COMPLETION CERTIFICATE

Buyer shall, upon the request of Contractor, execute a written acceptance of Contractor’s work providing the work is completed and not defective, but if Buyer states the work is, at that point, defective or  incomplete, Buyer shall instead first, communicate that to Contractor and provide reasonable time for Contractor to remediate the situation, and if defective work has not been completed and only then shall  Buyer proceed accordingly to notify the Contractor in writing. 

36. WAIVER AND RELEASE OF PHOTOGRAPHY AND VIDEO

I hereby agree to grant Dr. Homes Inc., and all its legal representatives and assigns, a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary  rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to  any form, media, technology already known at the time of provision or developed subsequently; to use and publish photographs of me and my property(s), or in which I may be included, for editorial trade, advertising  and any other purpose and in any manner and medium; and to alter the same without restriction.

37. WAIVER OF SUBROGATION

Buyer and Contractor waive all rights against each other and any of their subcontractors, agents and employees for damages caused by fire, flood, theft, earthquake and/or vandalism and all other causes of  loss to the extent covered by property insurance applicable to the work, except such rights as they had to proceeds of such insurance held by the Owner as fiduciary. Policy shall provide such waivers of  subrogation by endorsement or otherwise.

38. INDEMNITY

To the fullest extent permitted by law, you agree to indemnify, defend, protect and hold harmless Dr. Homes Inc., their heirs, executors, administrators, successors, and assignees, from and against any and all  damages, expenses, losses, costs, expenses, liabilities, claims, demands, debts, causes of action, fines, judgments and penalties, including attorneys’ fees arising from or related to (a) the death or injury to people  or damage or injury to property in connection with the performance of work by Dr. Homes Inc., its employees, subcontractors, or anyone employed directly or indirectly by us; (b) the negligent or willful acts  and omissions of DR. HOMES INC. (c) any liens, stop notices, and claims of any type, nature, or description which may be filed or claimed against the property; (d) any claims under workers compensation  acts; and (e) violation of any local, state or federal law, regulation or code by Dr. Homes Inc. (f) if a subcontractor's employee is injured because of actions or omissions of the Contractor, the buyer must  indemnify and “hold harmless” the Contractor against resulting claims. In addition, buyer indemnify the Contractor against claims for property damage, IP infringement, liens and hazardous materials. In addition,  buyer agrees to hold contractor harmless for any claims made by residence, guest, or invitees that customer allows onto the property while contractor is performing its task or during any required services.  Including, but not limited to: physical injuries or allergic reactions to any chemicals or ozone used by contractor or to any mold or mildew, which may be present. Buyer agrees to indemnify contractor from any  claim or cost of defending such claims made by and residents, occupants, or invitees. In the event that contractor is not allowed to perform and/or completes the recommended procedures and/or customer  requires equipment to be removed prematurely or turns off contractor’s equipment prematurely, Buyer agrees to release and hold contractor harmless and indemnify contractor against any claims that may  result.

39. ASSIGNMENT

Neither party shall assign its rights or delegate its duties under this Contract without prior written consent of the other.

40. COMPLETE AGREEMENT

This Contract’s TERMS AND CONDITIONS constitute the entire agreement between Buyer and Contractor. All prior discussions or negotiations shall be deemed void and unenforceable unless expressly  set forth herein. There are no other agreements expressed or represented, oral or written, pertaining to work not specified in this Contract. This Contract can be modified only by an agreement in writing signed by  ALL PARTIES INVOLVED.

41. CHOICE OF LAW

This Contract shall be construed in accordance with, and governed by, the laws of the State of California. This paragraph shall not prevent application of the Federal Arbitration Act to any dispute that may arise  under this contract.

42. ARBITRATION

If Arbitration is requested due to a dispute from any loss, Dr. Homes Inc. may allow, but is not required to arbitrate any disputes. If Dr. Homes Inc. chooses to arbitrate, it may, only under its own discretion and  under its own terms and conditions to be decided before arbitration is to begin.

43. ATTORNEYS FEES

The liability of Dr Homes Inc. is expressly limited to the total amount of the services authorized herein, and in no event, shall Dr. Homes Inc., its agents or assigns, be liable for consequential damages of any kind. In  the event that any legal proceedings must be instituted to recover the amount due, Dr. Homes Inc. / Dr. Homes shall be entitled to recover all costs of collection, including reasonable court and attorney fees and  collection fees plus interests and penalties.

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