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Phoenix Construction Terms and Conditions
Phoenix Construction hereafter will be referred to as “Phoenix”
All work shall be completed to reasonable Industry Standards.
Phoenix, at its discretion may engage subcontractors to perform work hereunder.
Client-provided materials will not be warrantied by Phoenix and any warranty will be the responsibility of the Client.
Client-provided materials are the sole responsibility of the Client to furnish in a timely manner to the job site at least 1 day prior to Phoenix’s estimated start date for the related materials. Client-provided material not available to Phoenix at the time of work shall result in a minimum of $150 change order fee.
Work not specifically listed in this estimate as determined by Phoenix at its sole discretion shall require a change order. Change Orders shall become an addendum to the initial contract. Change Orders shall have a minimum charge of $150.00 in addition to any parts and labor required to complete the change order. Client shall be notified of change order as soon as reasonably possible after Phoenix becomes aware of the need for said Change Order.
Payment Terms – 50% Down, 25% due once all major components are on-site and at least 75% of labor complete, final 25% due at job completion; Determination of project completion status is at the sole discretion of Phoenix. Any balance more than 30 days past due will have a late fee of $50.00 or 1.5% monthly, whichever is greater.
In the event Client shall fail to pay any periodic or installment payment due hereunder, Phoenix may cease work without penalty or breach of contract pending payment or resolution of any dispute.
Phoenix shall not be liable for any delays due to circumstances beyond reasonable control including but not limited to: strikes, weather delays, casualty, acts or God or nature, fire, or general unavailability of equipment or materials.
Dispute Resolution - All disputes between Phoenix and the Client (“the Parties”) regarding in-progress or completed work that cannot be resolved by negotiation between “the Parties” shall be turned over to Skip Court Mediation (1635 Foxtrail Dr, Loveland, CO 80538). If a conflict of interest occurs, then a different mediation company agreed upon by “the Parties” will be used. Cost for any mediation shall be split 50%/50% between “the Parties.”
In the event Client proceeds to litigation without going through the mediation process set forth in this agreement, in addition to Phoenix’s actual damages, Client shall pay a liquidated damages fee to Phoenix of $1000 to cover Phoenix’s administrative costs. “The Parties” agree that this fee is not a penalty, that it represents the parties’ best estimate of Phoenix’s actual administrative costs, and that the fee is fair and reasonable.
Establishment of Fair Market Value for any item under dispute shall be limited to a maximum of the quoted labor and material price furnished in the Phoenix estimate/invoice.
Client accepts sole responsibility for limiting access to the job site and maintaining control of other people, including children (“People”) while work is being performed. Until all work is complete and Phoenix has received final payment and vacated the job site, Phoenix is not responsible for any circumstances resulting from “People” entering the job site at any time.
Client accepts sole responsibility for maintaining control of any and all pets and animals (“Pets”) residing on the property while work is being performed. Until all work is complete and Phoenix has received final payment and vacated the job site, Client is responsible for insuring that all “Pets” are prevented from accessing any and all areas where construction work is in progress. Phoenix is not responsible for any circumstances resulting from “Pets” entering the job site at any time.
Updated 02/21/2022
See full Terms and Conditions at https://PhoenixLH.com/terms-and-conditions