Dave's Remodeling - Home Improvement Contract Package

DAVE'S REMODELING, INC.

17734 Ludlow Street

Granada Hills, CA 91344

Office: (888) 216-3539

License No. 962447

info@daveremodeling.com

Contract Date:

Customer / Owner:

Project Address:

City: State: CA Zip:

Phone:

Email:

Description of Project / Materials / Equipment.

Contractor shall furnish the labor, supervision, coordination, services, materials, equipment, tools, subcontractors, and related items reasonably necessary to perform and complete the Project in a good and workmanlike manner, subject to this Contract, the Contract Continuation / Scope of Work, written addenda, written selections, written allowances, and written change orders that are signed by the parties and incorporated into this Contract.

Contract Documents / Order of Precedence.

The Contract Documents consist of this Home Improvement Contract, the Contract Continuation / Scope of Work, all signed written addenda, signed written change orders, approved selections, plans, specifications, allowance schedules, statutory notices, and any other written document expressly incorporated into this Contract. If there is any inconsistency among the Contract Documents, the following order of precedence applies unless California law requires otherwise: later signed written change order or addendum; Contract Continuation / Scope of Work; signed plans and specifications; then this Contract.

Entire Agreement / No Oral Changes.

This Contract contains the entire agreement between Owner and Contractor concerning the Project. No change in the work, price, schedule, materials, allowances, or responsibilities is valid unless in a signed writing, except where emergency protective work is permitted by law.

Scope of Work / Exclusions.

Only the work expressly described in the Contract Documents is included. Any labor, materials, demolition, protection, repair, correction, upgrade, code item, hidden-condition work, utility work, design work, engineering, testing, remediation, temporary housing, storage, restoration, finish matching, specialty finish work, or other service not expressly included is excluded and shall be extra work if requested or required.

Approximate Start Date

Approximate Completion Date

All dates are estimates only and are subject to permits, approvals, inspections, material availability, labor availability, hidden conditions, weather, owner decisions, site readiness, financing issues, utility actions, lender requirements, change orders, force majeure, unsafe conditions, acts or omissions of Owner or third parties, and other causes beyond Contractor's reasonable control.

Contract Price: $

Down Payment: $

The down payment shall not exceed the amount permitted by California law. The Contract Price may be increased or decreased only by signed written change order, signed written addendum, allowance adjustment, concealed-condition adjustment, material-price adjustment permitted by this Contract, or other written basis allowed by applicable law.

Schedule of Progress Payments

The schedule of progress payments shall describe the work or materials associated with each payment and shall comply with applicable California law. Contractor shall not require payment for work not completed or for materials not delivered, except as otherwise permitted by law.

Work / Materials / Phase	Amount

Documents Incorporated into This Contract: Contract Continuation / Scope of Work; Additional Terms and Conditions; Notice Concerning Commercial General Liability Insurance; Notice Concerning Workers' Compensation Insurance; Arbitration of Disputes; Notice of Cancellation; Three-Day Right to Cancel; Mechanic's Lien Warning / Information about CSLB; Checklist for Homeowners; and any signed addenda or change orders.

Owner acknowledgment of receipt of complete package:

Owner initial if agreeing to arbitration:

Owner initial confirming notice of cancellation received:

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.

Contractor / Representative: Date:	State Registration / Representative:
Customer / Owner: Date:	Customer / Owner: Date:

1. Utilities / Access. Owner shall provide reasonable access to the property and ordinary utility service required for the work, unless otherwise agreed in writing. Owner is responsible for removing or protecting personal property, valuables, furniture, window coverings, stored items, and fragile items from the work areas and for identifying property lines, setbacks, easements, and similar site information known to Owner.

2. Delays. Contractor will diligently pursue the work, but is not responsible for delays caused by permits, inspections, material shortages, backorders, supplier errors, weather, labor disruptions, owner-caused delays, lender or utility delays, hidden conditions, change orders, unsafe conditions, illness, force majeure events, or other causes beyond Contractor's reasonable control. Contract time shall be extended for such delays.

3. Plans / Permits / Public Charges. Contractor will obtain required building permits only if included in the Contract Continuation / Scope of Work or otherwise agreed in writing. Unless expressly included, Owner is responsible for permit fees, plan-check fees, engineering, design, utility fees, assessments, testing, special inspections, and charges imposed by public bodies or utilities.

4. Subcontractors. Contractor may subcontract portions of the work to properly licensed and qualified subcontractors and may coordinate material suppliers, vendors, and specialty trades as necessary to complete the Project.

5. Completion / Occupancy / Punch List. Substantial completion means the work is complete enough for the intended use, subject to minor punch-list items. Occupancy or use of all or part of the Project is evidence that such portion is substantially complete and accepted for use, but it does not waive either party's rights or Contractor's right to payment for work performed. Final payment may not be withheld for minor corrective items beyond the reasonable value of such items.

6. Insurance / Risk of Loss. Owner is responsible for maintaining property insurance appropriate to the premises and the Project. Contractor will maintain insurance required by law and by the Contract Documents. Contractor is not obligated to obtain builder's-risk or course-of-construction coverage unless expressly stated in writing.

7. Right to Stop Work / Payment Default. Contractor may stop work if payment due under the Contract is not timely made, if access is denied, if selections or approvals are delayed, if unsafe conditions exist, or if Owner materially breaches the Contract. If nonpayment or material breach continues after written notice and a reasonable opportunity to cure, Contractor may terminate the Contract. Owner shall pay for work performed, materials ordered or delivered, subcontractor commitments, demobilization, reasonable overhead and profit on work performed, and other amounts due.

8. Cleanup. Contractor will remove ordinary construction debris generated by its work and leave the site in broom-clean condition unless otherwise stated in the Contract Continuation / Scope of Work. Construction dust, ordinary disruption, and minor incidental effects are inherent in remodeling work.

9. Claims / Limitations. Any claim arising out of the Contract shall be brought within the time permitted by applicable law. Nothing in this Contract limits nonwaivable rights or remedies provided by California law.

10. Hazardous Materials. Unless specifically included in the scope, Contractor is not testing for or responsible for discovery, removal, disturbance, transport, or remediation of asbestos, lead, mold, microbial contamination, PCB, contaminated soil, or other hazardous materials. If such conditions are encountered, Contractor may suspend affected work. Required testing, abatement, protection, remediation, repair, delay, and remobilization shall be handled by written change order, separate contract, or Owner-retained qualified contractor.

11. Standards of Work / Existing Conditions. Unless otherwise specified, Contractor may use standard-grade or builder-grade materials that are customary for the work. Contractor is not responsible for preexisting defects, prior work by others, defective substrate, concealed damage, existing code violations, design defects, structural conditions, moisture conditions, soil conditions, or conditions outside the agreed scope, except as added by written change order.

12. Warranty. Contractor provides a one-year workmanship warranty from substantial completion for labor performed by Contractor, subject to normal use and maintenance. This warranty does not cover normal wear and tear, Owner misuse, lack of maintenance, movement, settlement, moisture intrusion not caused by Contractor, manufacturer defects, materials supplied by Owner, work by others, or preexisting conditions. Manufacturer warranties, if any, pass through to Owner to the extent available.

13. Allowances / Selections / Change Orders. Allowance items are estimates only and the contract price may adjust upward or downward based on actual cost, selection, availability, taxes, delivery, and related labor or installation requirements. Owner shall make selections in a timely manner. Any change in work, price, materials, allowances, or time for completion must be in a written change order or written addendum signed by both Owner and Contractor before changed work is performed, except as otherwise permitted by law for urgent work required to protect property or safety. Change orders are separate documents that refer back to this Contract and become part of the Contract when signed.

14. Right to Cure / Interest / Notices. Owner shall notify Contractor in writing of any alleged defect or incomplete item and provide Contractor a reasonable opportunity to inspect and correct the condition before Owner hires others, withholds amounts beyond the reasonable value of disputed work, files suit, or seeks other remedies, except in an emergency. Any undisputed amount not paid when due shall accrue interest at 1.5% per month, not to exceed the maximum rate permitted by law. This Contract, any addendum, and any change order may be executed by electronic signature, including Adobe Sign, and may be delivered electronically.

Three-Day Right to Cancel

You, the buyer, have the right to cancel this contract within three business days. You may cancel by emailing, mailing, faxing, or delivering written notice to the contractor at the contractor's place of business by midnight of the third business day after you received a signed and dated copy of the contract that includes this notice. Include your name, your address, and the date you received the signed copy of the contract and this notice. If you cancel, the contractor must return to you anything you paid within 10 days of receiving the notice. For your part, you must make available to the contractor, in substantially as good condition as received, any goods delivered under this contract. If you do make the goods available and the contractor does not pick them up within 20 days after notice of cancellation, you may keep them without further obligation.

NOTICE OF CANCELLATION
To cancel this transaction, mail or deliver a signed and dated copy of this Notice of Cancellation, or any other written notice, to: DAVE'S REMODELING, INC. 17734 Ludlow St, Granada Hills, CA 91344 no later than midnight of I hereby cancel this transaction. Buyer Signature: Date:

Buyer Acknowledgment

Buyer acknowledgment: I acknowledge that on I was provided this document entitled "Three-Day Right to Cancel."

Buyer Signature:

Contractor Representative:

Commercial General Liability Insurance

This Contractor carries commercial general liability insurance. See attached information regarding commercial liability insurance.

Workers’ Compensation Insurance

This Contractor carries workers’ compensation insurance.

Statutory Notices

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 reported to CSLB.

Use only licensed contractors. If you file a complaint against a licensed contractor within the legal deadline, CSLB has authority to investigate the complaint. If you use an unlicensed contractor, CSLB may not be able to help resolve your complaint, and your remedy may be limited to civil court.

For more information:

Visit CSLB’s website at www.cslb.ca.gov

Call CSLB at 800-321-CSLB (2752)

Write CSLB at P.O. Box 26000, Sacramento, CA

Mechanic’s Lien Warning

Anyone who helps improve your property but is not paid may record a mechanic’s lien on your property. Even if you pay your contractor in full, unpaid subcontractors, suppliers, and laborers who improved your property may record a lien and seek to foreclose it.

To preserve lien rights, most subcontractors and material suppliers must serve a “20-day Preliminary Notice.” This notice is not a lien. It lets you know that the sender may have the right to record a lien if not paid.

Protect yourself from liens by keeping track of subcontractors and suppliers, waiting the required time to receive Preliminary Notices, and considering joint checks when appropriate. For more information, visit CSLB’s website or call CSLB at 800-321-CSLB (2752).

REMEMBER: If you do nothing, you risk having a lien placed on your property. This can mean paying twice or facing a forced sale of your home to satisfy unpaid amounts.

Customer Signature: Date:

CHECKLIST FOR HOMEOWNERS — HOME IMPROVEMENT
Pursuant to California Business & Professions Code requirements, home-improvement contractors must provide this notice. Check Out the Contractor Did you contact the Contractors State License Board (CSLB) to check the status of the contractor's license? Did you get at least 3 local references from the contractors you are considering and call them? Will the contractor obtain required permits before the work starts? Check Out the Contract Did you read and understand your contract? Does the 3-day right to cancel apply to you? Does the contract tell you when work will start and end? Does the contract include a detailed description of the work, materials, and equipment to be installed? Is there a down payment, and if so, is it no more than 10% of the contract price or $1,000, whichever is less? Is there a schedule of payments, and are payments tied to completed work or delivered materials? Did your contractor provide a Notice to Owner / Mechanic's Lien Warning? Do you understand that changes or additions to the contract must be in writing? Contact the CSLB at 1-800-321-CSLB (2752) or visit www.cslb.ca.gov. Name: Signature: Date:

CHECKLIST FOR HOMEOWNERS — HOME IMPROVEMENT

Pursuant to California Business & Professions Code requirements, home-improvement contractors must provide this notice.

Check Out the Contractor

Did you contact the Contractors State License Board (CSLB) to check the status of the contractor's license? Did you get at least 3 local references from the contractors you are considering and call them? Will the contractor obtain required permits before the work starts?

Check Out the Contract

Did you read and understand your contract? Does the 3-day right to cancel apply to you? Does the contract tell you when work will start and end? Does the contract include a detailed description of the work, materials, and equipment to be installed? Is there a down payment, and if so, is it no more than 10% of the contract price or $1,000, whichever is less? Is there a schedule of payments, and are payments tied to completed work or delivered materials? Did your contractor provide a Notice to Owner / Mechanic's Lien Warning? Do you understand that changes or additions to the contract must be in writing?

Contact the CSLB at 1-800-321-CSLB (2752) or visit www.cslb.ca.gov.

Name:

Signature: Date:

ARBITRATION OF DISPUTES
Right to Mediate Before Filing Action. Contractor and Owner agree that either party may, before initiating arbitration or litigation, request mediation in a good-faith attempt to resolve any dispute arising out of or relating to this Contract. The mediator shall be a retired judge or an attorney with substantial mediation experience, unless the parties agree otherwise in writing. Arbitration of Disputes. In the event of any dispute or claim arising out of or relating to this Agreement, or the enforcement or interpretation of it, the parties may agree that the dispute shall be determined by binding arbitration before the Business Consumer Alliance, if available and acceptable to Contractor, or otherwise in accordance with the Construction Industry Rules of the American Arbitration Association. Judgment on the award may be entered in any court having jurisdiction. NOTICE: BY INITIALING THE SPACE BELOW, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS ARBITRATION 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 THE SPACE BELOW, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THIS ARBITRATION 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 LAW. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. Attorney’s Fees and Costs. In any arbitration, court action, or other proceeding arising out of or relating to this Contract or any attached addendum, the prevailing party shall be entitled to recover reasonable attorney’s fees, costs, and allowable collection expenses, in addition to any other relief permitted by law. If both parties do not initial the arbitration provision below, arbitration shall not be deemed part of this Agreement without a subsequent written agreement signed by all parties. I AGREE TO ARBITRATION: I AGREE TO ARBITRATION:

ARBITRATION OF DISPUTES

Right to Mediate Before Filing Action. Contractor and Owner agree that either party may, before initiating arbitration or litigation, request mediation in a good-faith attempt to resolve any dispute arising out of or relating to this Contract. The mediator shall be a retired judge or an attorney with substantial mediation experience, unless the parties agree otherwise in writing.

Arbitration of Disputes. In the event of any dispute or claim arising out of or relating to this Agreement, or the enforcement or interpretation of it, the parties may agree that the dispute shall be determined by binding arbitration before the Business Consumer Alliance, if available and acceptable to Contractor, or otherwise in accordance with the Construction Industry Rules of the American Arbitration Association. Judgment on the award may be entered in any court having jurisdiction.

NOTICE: BY INITIALING THE SPACE BELOW, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS ARBITRATION 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 THE SPACE BELOW, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THIS ARBITRATION 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 LAW. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.

Attorney’s Fees and Costs. In any arbitration, court action, or other proceeding arising out of or relating to this Contract or any attached addendum, the prevailing party shall be entitled to recover reasonable attorney’s fees, costs, and allowable collection expenses, in addition to any other relief permitted by law.

If both parties do not initial the arbitration provision below, arbitration shall not be deemed part of this Agreement without a subsequent written agreement signed by all parties.

I AGREE TO ARBITRATION: I AGREE TO ARBITRATION:

CUSTOMER ACKNOWLEDGEMENT
Home Improvement Contract Notice of Arbitration Owner’s Checklist Contract Continuation / Addendum Three-Day Right to Cancel Disclosure re: Commercial General Liability Disclosure re: Workers’ Compensation Insurance Mechanic’s Lien Warning / Information about CSLB Notice of Cancellation Print Name of Buyer: Sign Name of Buyer: Date:

CUSTOMER ACKNOWLEDGEMENT

Home Improvement Contract Notice of Arbitration Owner’s Checklist Contract Continuation / Addendum

Three-Day Right to Cancel Disclosure re: Commercial General Liability Disclosure re: Workers’ Compensation Insurance Mechanic’s Lien Warning / Information about CSLB Notice of Cancellation

Print Name of Buyer:

Sign Name of Buyer: Date:

Customer / Owner Signature: Date:	Customer / Owner Signature: Date:
Contractor Signature: Date: