THIS OFFER AND AGREEMENT IS CONDITIONED AS FOLLOWS: (Continued)
5.WORK STOPPAGES: If, after the work has been started, anything does occur that directly or indirectly prevents or otherwise delays the carrying on of the work as specified and over which the plumbing contractor has no control, the plumbing contractor shall immediately be entitled to and must be paid the full amount of the reasonable value of work that has been performed and material furnished as defined in paragraph 1, as well as other damages resulting from the delay.
6.PROMPT PAYMENT: The plumbing contractor enters into this contract upon the distinct condition precedent that the other party or parties hereto promises that any and/or all payments herein provided shall be promptly made at the respective times and in the manner herein set forth and if any and/or all payments herein provided are not made at the respective times and in the manner herein stipulated, the plumbing contractor may, at his option, refuse to proceed further with his work and shall in no way be liable for any damages whatsoever by reason of such refusal. In the event that the plumbing contractor ceases work for the reason above stated, the price mentioned for the completed work shall be disregarded and payment in full for all work performed and all material furnished as well as any other damages resulting from the cessation of work will be immediately due and payable; the value of such work done and materials furnished shall be the reasonable value as defined in paragraph 1.
7.ATTORNEY FEES: If suit or arbitration be brought by the plumbing contractor to enforce the terms of this contract, acceptor agrees to pay a sum to said plumbing contractor which the court may adjudge reasonable as attorney fees and costs.
8.PAYMENTS ON ACCOUNT: Any payment on account hereunder shall constitute an acceptance of the plumbing contractor’s work for which such payment was made. Such acceptance shall be subject to approval of work by inspecting authorities.
9.GUARANTEES: The plumbing contractor guarantees that all work provided for herein shall be done in a good and workmanlike manner. No guarantee is made however of any materials or fixtures after the same have been accepted. The plumbing contractor shall not be responsible for the costs of reinstalling fixtures or materials guaranteed by manufacturers.
10.WATER PRESSURES: All plumbing fixtures and materials installed are guaranteed to operate on water pressure of not less than twenty pounds (20 lbs.) and not exceeding eighty pounds (80 lbs.) per square inch. Where the water pressure exceeds 80 pounds per square inch the acceptor must protect himself by having a water pressure regulator installed at acceptor’s own expense. In the event the water pressure exceeds 80 pounds per square inch and a water pressure regulator, not otherwise provided for herein, is installed at acceptor’s order, such installation shall be an extra as provided in paragraph 2 above.
11.LOSS DURING CONSTRUCTION - JOB INSURANCE: The plumbing contractor shall not be held liable for any loss, damage or delay occasioned by fire, settling of building, strike or other causes beyond his reasonable control, and the acceptor and not the plumbing contractor shall during the progress of the work maintain full insurance on said work against such losses or damage and the policy shall cover all work incorporated in the building and all material for the same in or about the premises, and shall be made payable to the parties hereto as their interests may appear.
12.SEWER, WATER, GAS: Unless otherwise specified herein, the sewer, water and gas piping lines shall be stubbed out in accordance with the laws and ordinances as provided in paragraph 3 above. If no law or ordinance prevails in the community of the structure herein concerned then, in that event, such piping shall be stubbed out at a point most convenient to the respective extension lines of such piping and within five feet of foundation line of the concerned structure.
13.CEMENT SLAB CONSTRUCTION: The acceptor on all cement slab construction work shall provide proper information for the guidance of the plumbing contractor in establishing the partition lines and floor levels. When partitions and floor levels are established by these parties they shall not be changed without due notice to the plumbing contractor. If ground work is started or any plumbing has been installed before such notice is given, any change from the original shall be charged for as an extra.
14.REQUIREMENTS OF PUBLIC BODIES: Unless specifically included, work does not include any changes or alterations from the drawings or specifications which may be required by any public body, utility or inspector. Contractor, at contractor’s option, may alter specifications only so as to comply with requirements of Governmental Agencies having jurisdiction over same. Any alteration undertaken to further this end shall be treated as an extra.
15.PROTECTION OF OWNER’S PROPERTY: Owner agrees to remove or protect any personal property, inside and out, but not limited to carpets, rugs, drapes, furniture, shrubs, plantings and personal property and plumbing contractor shall not be held responsible for damage or loss of said items.
16.PERMISSIBLE DELAY: Plumbing contractor agrees to commence work and adhere to the schedule as indicated. However, the plumbing contractor will not be responsible for delays beyond his reasonable control or for any of the following: Failure of the issuance of all necessary building permits within a reasonable length of time; disbursement of funds into a joint control or escrow if that is contemplated in this agreement; acts of neglect or omission of Owner or Owner’s employee or Owner’s agent; acts of God; stormy or inclement weather; strikes, lockouts, boycotts, or other labor union activities; extra work ordered by Owner; acts of public enemy, riots or civil commotion; inability to secure material through regular recognized channels; imposition of Government priority or allocation of materials; failure of Owner to make payments when due; or delays caused by inspection or changes ordered by the inspectors of authorized governmental bodies; or for acts of independent contractor, or holidays, or other causes beyond plumbing contractor’s reasonable control.
17.HAZARDOUS SUBSTANCES: Unless specifically called out in the contract, this contract does not contemplate the removal or disturbance of asbestos or other hazardous material. The owner warrants that no such material is present. In the event that such material is encountered, the contractor shall immediately stop work and a change order extra will be negotiated to cover the situation.
18.ARBITRATION OF DISPUTES: If at any time, any controversy shall arise between plumbing contractor and Owner with respect to any matters in question arising out of, or relating to, this Agreement or the breach thereof, in which the parties do not promptly adjust and determine, said controversy shall be decided by arbitration administered by and in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in any court having jurisdiction thereof. However, in the event that a claim is within the jurisdiction of the Small Claims Court, then the party claiming that amount may proceed in the Small Claims Court rather than arbitration. Any Claim filed in the Small Claims Court, shall not be deemed a waiver of the right to arbitrate if counter-claim in excess of the jurisdiction of the Small Claims Court is filed in a Municipal or Superior Court, then the party filing in Small Claims Court may demand arbitration pursuant to this paragraph.
“NOTICE: By initialing in the space below 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 California law and you are giving up any rights you might possess to have the dispute litigated in a court or jury trial. By initialing in the space below you are giving up 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.”
“We have read and understand the foregoing and agree to submit disputes arising out of the matters included in the ‘Arbitration of Disputes’ provision to neutral arbitration.”
I (We) agree to arbitration |
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ACCEPTANCE |
Accepted at (City)________________________________________________________________, State of_________________________________________
this__________________day of_______________________ (year)________ Acceptor___________________________________________________
Address___________________________________________________________ City/State/Zip_____________________________________________________
