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CONTRACT DETAILS

  1. Scope of Work

    1. Contractor is responsible for coordination of the various trades and deliveries of equipment, materials and supplies to minimize interference which could delay the Work or pose a hazard to life or property. Contractor shall be responsible for allocation of tasks between trades and will be the final authority on location and routing of equipment and storage of materials on the Job Site.

    2. Contractor will ensure that Subcontractors, their agents, and employees adhere to these Contract Documents. Contractor accepts responsibility for all Work performed under this contract, including Work performed by employees of Subcontractors. Contractor will settle disputes among Subcontractors and between Contractor and Subcontractors so that disagreements do not delay completion of the Work or affect quality of the Work.

    3. Contractor shall supervise and direct the Work and accepts responsibility for construction means, methods, techniques, sequences and procedures required to complete the Project [Repair/Installation] in compliance with the Contract Documents

  2. Hazardous Materials Discovered on Site

    1. Except as provided elsewhere in the Contract Documents, Owner is responsible for all Hazardous Materials discovered on the Job Site so long as those materials were not brought on the Job Site by Contractor, Subcontractors, or anyone directly or indirectly employed by them. Nothing in this paragraph shall relieve Contractor from liability for negligence in handling or removing Hazardous Materials as required under the terms of this agreement.

    2. Except as provided in the Contract Documents or as agreed by mutual consent, Contractor shall not be required to perform Work relating to asbestos, polychlorinated biphenyl (PCB), radioactive material, toxic mold or any other Hazardous Material.

    3. If Contractor incurs any loss as a result of the discovery or abatement of Hazardous Material not brought on the Job Site by Contractor, Subcontractors or anyone directly or indirectly employed by them, the Contract Price and Contract Time shall be adjusted by a Change Order. Adjustment to the Contract Price shall include damages for delay, liquidated damages (if provided in the Contract Documents), shutdown and startup expense, lost profits and consequential damages.

    4. Owner shall defend, Indemnify and hold harmless Contractor from and against all loss, liability, claims, costs, damage and economic detriment of any kind whatsoever, or expense (including attorney's fees) that arises out of or results from the discovery or existence of Hazardous Material on the Job Site, whether or not identified in the Contract Documents, provided such loss, liability, costs, damage and economic detriment is not the result of any negligent act or omissions of Contractor, Subcontractors or anyone directly or indirectly employed by them. Indemnification by Owner under this paragraph shall apply even if Owner is in no way responsible for the loss to Contractor.

  3. Compliance with Law

    1. Contractor and Owner mutually commit to use reasonable care to meet the Requirements of state, federal and local Law when discharging their responsibilities under this agreement.

    2. If Contractor observes that Drawings, Specifications, or other Contract Documents do not comply with applicable Law, Contractor shall promptly notify Owner of the variance. Any changes made to the Contract Documents as a result of this notice shall be handled in the form of a Change Order under this agreement. 

    3. Contractor shall bear none of the cost of correcting Work completed according to Contract Documents but not in compliance with Law if Contractor did not know that Contract Documents or instructions from Owner did not comply with the Law.

    4. If Law enacted after the Contract Date changes the Scope of Work under this agreement, Contractor and Owner will execute a Change Order adjusting the Contract Price and Contract Time to accommodate the change in the Scope of Work.

    5. Except as required by Law, Owner is not responsible for any breach of Law by Contractor. Except as required by Law, Contractor is not responsible for any breach of Law by Owner.

  4. Temporary Utilities

    1. Owner shall permit Contractor to use utility services, including water, electric power, heating and cooling, without charge, as required to complete the Work. Contractor shall provide all required connections to these services in a safe manner and in accord with applicable codes. Contractor shall ensure that utility services furnished by Owner are not wasted. Before Final Completion, Contractor will remove all temporary connections and return the existing water, electric, heating and cooling systems to a condition at least as serviceable as prior to the Date of Commencement. Use by Contractor of water and electricity provided by Owner constitutes a release by Contractor of all Claims and of all liability to Owner for damages which may result from power and water outages or voltage variations.

    2. Owner shall provide, at no cost to Contractor, adequate parking for construction personnel during the period of construction.

    3. Anything to the contrary in this contract notwithstanding, Owner will provide, at no cost to Contractor, 110 volt electrical power from the existing distribution system on the Job Site for hand-held portable power tools. Contractor will not use the existing electric power system for welding machines or other electrical equipment with heavy power Requirements.

  5. Job Cleanup

    1. Contractor shall regularly remove surplus material, waste and debris resulting from the Work from the Job Site and storage areas. Construction debris shall be removed to a legal refuse collection site with disposal or recycling fees paid by Contractor. At completion of the Work, Contractor shall, in addition, remove from the Job Site all tools, equipment and scaffolding brought to the Job Site by Contractor or Subcontractors. 

  6. Project Sign

    1. Owner grants to Contractor the right to display a small sign (2' x 3' maximum) listing the company name, address, logotype, phone number, and website address of Contractor.

  7. Emergency Response

    1. In any Emergency threatening the health, safety or life of persons or serious and immediate damage to property, Contractor shall use best efforts and full discretion without special instruction or authorization from Owner to prevent the threatened damage, injury or loss. When directed by any authority, Contractor shall provide Emergency assistance without special instruction or authorization from Owner. However, Contractor shall notify Owner promptly if Contractor believes any significant changes in the Work or variations from Contract Documents have been caused by the Emergency response. 

    2. Provided Contractor is not responsible for the Emergency condition and provided the additional cost to Contractor for the Emergency response is not covered by insurance or recoverable from others, Contractor shall be granted a Change Order to compensate for the Emergency response.

  8. Owner's Responsibilities

    1. Owner will respond in writing and with reasonable promptness to written requests from Contractor for information relevant to completion of the Work. Owner will identify a Representative qualified to respond to questions from Contractor when Owner is not available. Contractor is authorized to rely on written responses from Owner and the identified Representative.

    2. Owner affirms that Owner has the right to enter into this agreement and has the right to contract for construction of the Project [Repair/Installation] on the Job Site. Owner shall pay all taxes and assessments due on the Job Site during the period of construction and shall take all reasonable actions required to protect marketable title to the Job Site.

    3. Owner shall have sole responsibility to secure financing for the Project [Repair/Installation] and shall pay all fees, charges, or other costs of such financing, including Inspection fees charged by any lender. The nonperformance of any lender shall not affect the obligation of Owner to Contractor. Owner hereby authorizes and directs any lender on the Project [Repair/Installation] to furnish Contractor with full information on undisbursed loan proceeds when requested by Contractor.

    4. On request of Contractor, Owner shall provide clear and convincing evidence that Owner has access to funds committed to payment of the unpaid balance of the Contract Price. Owner shall inform Contractor of any significant change in the availability of funds committed to make payments required under the Contract Documents. Failure of Owner to comply with the terms of this paragraph shall relieve Contractor of the obligation to begin or continue the Work.

    5. Owner will not interfere with or permit others to interfere with, stop, hinder, or delay completion of the Work by Contractor or Subcontractors except as provided under this agreement.

    6. During the Contract Time, Owner shall, at the expense of Owner, provide and maintain a surfaced roadway connecting the Job Site with a public highway.

  9. Representations by Owner

    1. Owner has reported to Contractor all conditions known to Owner which may not be apparent to Contractor and which might significantly increase cost of the Work or delay completion. These concealed conditions include, but are not limited to, hazards on the Job Site, unsuitable soil conditions, prior Defective Work of others, latent Defects in the Plans or Specifications, earlier attempts to do Similar or related Work, and obligations imposed by government.

  10. Disclaimer by Owner, Reliance by Contractor

    1. Owner has provided Contractor with information on subsurface or concealed conditions at the Job Site. Except to the extent that Contractor knows this information to be false, Contractor is entitled to rely on the accuracy of this information.

  11. Discrepancy Between Plans and Field Conditions

    1. If any concealed structure, water, power, waste, drain or gas line is uncovered or revealed during construction which is not as indicated in the Contract Documents or is inconsistent with information provided by Owner, Contractor shall promptly, and before any such structure or line is disturbed or damaged (except in an Emergency), notify Owner. Contractor shall submit a Claim for a Change Order which covers the additional cost incurred as a result of such structure, water, power, waste, drain, or gas line uncovered or revealed during construction.

  12. Changes in the Work

    1. Except as provided elsewhere in this agreement, no change to this contract (including modification, clarification, interpretation or correction of the Plans or Specifications) shall be made without mutual agreement and a written Change Order signed by Contractor and Owner identifying the change, the cost of the change, and the effect on Project schedule, if any.

    2. Any change in Plans, Specifications or Contract Documents necessary to conform to existing or future Laws, codes, ordinances or regulations shall be considered Extra Work.

    3. Any act, error, or omission by Owner or anyone acting on behalf of Owner which increases the cost of completing the Work or delays the Contract Completion Date shall be considered Extra Work.

    4. Owner may order Extra Work or make changes in the Work before a Change Order is signed when injury to person or property or a significant increase in cost or a significant delay would likely result from processing a routine Change Order. 

    5. Contractor may take on Extra Work or make changes in the Work before a Change Order is signed when injury to person or property or a significant increase in cost or a significant delay would likely result from processing a routine Change Order. 

    6. The charge for Extra Work shall be the normal selling price Contractor charges for Similar changes on other jobs.

    7. If any Change Order increases or decreases the time required for completion, Owner and Contractor shall make an appropriate adjustment in the Contract Completion Date.

    8. Contractor may delay acting on any written or oral direction, instruction, interpretation, or determination of Owner which would constitute Extra Work and may assert the right to an amendment to this contract by written Change Order before proceeding.

    9. Contractor is authorized to make minor changes in the Work which are in the interest of Owner, do not materially alter the quality or performance of the Work, and do not affect the cost or time of performance, and comply with applicable Laws, codes, ordinances and regulations. Contractor will inform Owner of each minor change made in the Work.

    10. Other clauses in this agreement notwithstanding, there will be no reduction in the value of the Work without a written Change Order.

    11. When signed by Contractor and Owner, each Change Order becomes a Contract Document.

    12. Acceptance by Contractor of payment for a Change Order shall constitute a waiver by Contractor of all other Claims by Contractor based on Work described in the Change Order.

    13. Notwithstanding any provision in this agreement to the contrary, Contractor shall be entitled to payment for Extra Work and an extension of the Contract Completion Date if acts or omissions of Owner, anyone acting on behalf of Owner or government authority, whether written or oral, explicit or implied, modify the Contract Documents or methods of the Work and thereby increase cost to Contractor or delay the Contract Completion Date.

    14. Contractor may reject a Change Order if the Owner requests the use of defective of deteriorated materials including warped, curled, or rotted decking or other materials.

    15. Should Contractor and Owner fail to agree promptly on the terms of a Change Order, Contractor shall be paid, pending resolution of the dispute, the portion of the cost of the change not in dispute, including the costs of time and materials required to execute the change. Payments required under this paragraph shall be made as the Work progresses, concurrently with progress payments.

    16. Failure of Contractor and Owner to agree on the cost of a change in the Work or failure to agree that Extra Work is required does not prejudice the right of Contractor to Claim that Work performed was beyond Requirements of the Contract Documents.

  13. Defective Work

    1. General Requirements

      1. On written notice from Owner, Contractor shall promptly remove from the Job Site all Work or materials not in compliance with the Contract Documents, whether or not such rejected Work or materials are incorporated in the Project [Repair/Installation]. Contractor shall promptly repair or replace such rejected Work or materials at no cost to Owner.

    2. Rejected Work - Contractor's Rights

      1. Owner may elect to execute a Change Order accepting Work which is not in compliance with the Contract Documents rather than requiring removal and correction by Contractor.

      2. Owner acknowledges and agrees that it may be inappropriate or unreasonably expensive to replace, re-fabricate or refinish building components with minor Defects or which are damaged slightly due to wear and tear commonly associated with the construction process. Contractor may, at the sole discretion of Contractor, (1) Correct minor Defects using procedures commonly accepted as good construction practice, or (2) Conclude that a cosmetic Defect is acceptable under good construction practice and take no corrective action.

  14. Contractor Claims

    1. If Contractor claims that any instruction, Drawing, act or omission of Owner or any representative of Owner, or any agency of government, increases costs to Contractor, requires extra time or changes the Scope of Work, Contractor shall have the right to assert a Claim for such costs or time. 

    2. Contractor and Owner agree to make a good faith effort to resolve all Claims that arise under this agreement and shall seek the opinion of expert disinterested parties on the validity of Claims, when appropriate. Claims not resolved to the mutual satisfaction of Contractor and Owner shall be resolved under the provisions of this agreement covering dispute resolution.

  15. Statutes of Limitations

    1. No action shall be brought to recover damages for any breach of this agreement more than two years after Substantial Completion if the Claim is based on a Defect reasonably apparent at Substantial Completion. Nothing in this agreement shall be construed as extending the period prescribed by Law for the bringing of an action.

    2. No action shall be brought to recover damages for breach of this agreement more than four years after Substantial Completion if the Claim is based on a Defect not reasonably apparent at Substantial Completion. Nothing in this agreement shall be construed as extending the period prescribed by Law for the bringing of an action.

  16. Insurance

    1. General Requirements

      1. Contractor shall carry public liability insurance as required by Law and regulation for the protection of Contractor and Owner during progress of the Work.

  17. Liability for Damages

    1. Contractor's Liability for Damages

      1. Contractor shall have no liability for damage to or loss of Owner's personal property left on the Job Site unless such damage or loss is the direct result of intentional or negligent acts by Contractor.

      2. Contractor shall have no liability for damage to the Project [Repair/Installation] during the Contract Time resulting from earthquake, tidal wave, or flood, provided the loss was not caused in whole or in part by the negligent acts or omissions of Contractor or officers, agents, Subcontractors or Material Suppliers of Contractor. 

      3. Contractor shall have no liability for damage to the Work resulting from: (1) War and hostilities (whether war be declared or not), invasion, acts of terrorism or acts by foreign enemies, (2) Rebellion, revolution, insurrection, usurped power or civil war, (3) Riot, commotion or disorder, unless solely restricted to employees of Contractor or Subcontractors and arising from conduct of the Work, (4) Ionizing radiation, contamination by radioactivity from any nuclear fuel or from nuclear waste, or from the combustion of nuclear fuel, radioactive, toxic, explosive, or other hazardous properties of any explosive, nuclear assembly or nuclear component, or (5) Pressure waves caused by aircraft or other aerial devices traveling at subsonic or supersonic speeds.

      4. Contractor shall not be liable to Owner for any loss or damage to the Work which result from an act or omission of any Subcontractor to Contractor unless Contractor is obligated by the terms of this agreement to provide insurance against such loss or damage. 

  18. Interpretation of the Contract

    1. The omission of words or phrases in the Contract Documents or obvious typographical errors in the Contract Documents shall not defeat interpretation of the Contract Documents so long as the meaning is reasonably inferable from the Contract Documents taken as a whole.

    2. Nothing in the Contract Documents shall be interpreted as requiring Contractor to violate any Law or regulation imposed by government.

    3. Wherever the words "will" or "shall" appear in the Contract Documents, it is understood that the act specified is required for compliance with the Contract Documents. The words "approved", "acceptable", and "satisfactory" mean "approved by", "acceptable to" or "satisfactory to" Owner unless otherwise expressly stated. 

    4. The terms "agreement" and "contract" have the same meaning and are interchangeable. 

    5. The words "including" or "includes" shall be construed as identifying examples rather than limitations whether or not followed or preceded by nonlimiting language (such as "without limitation, but not limited to").

    6. Words of any gender used in this contract shall be construed to include both genders. Words in the singular number shall be construed to include the plural, unless the context requires otherwise. 

  19. No Waiver of Contract Provisions

    1. The failure of either Party to insist on strict performance of terms, covenants and conditions in the Contract Documents shall not be construed as waiver of any term, covenant or condition in the Contract Documents. Nor shall any custom or practice which may evolve between Contractor and Owner be construed to waive or lessen the right of either Party to insist upon performance in strict compliance with the Contract Documents.

  20. Dealing With Plan Defects

    1. If inconsistent, approved changes to the Contract Documents take precedence over the original Contract Documents. Subsequent changes to the Contract Documents take precedence over prior changes to the Contract Documents.

    2. If inconsistent, any portion of the Contract Documents written in longhand takes precedence over anything printed in the Contract Documents.

  21. Assignment of the Contract

    1. Except as otherwise provided in this agreement, Contractor shall not assign this contract or sublet it as a whole without the written consent of Owner.

    2. Except as otherwise provided in this contract, Owner shall not assign this contract without the written consent of Contractor.

    3. Owner and Contractor mutually bind themselves, their partners, successors, assigns, and legal representatives to all covenants, agreements and obligations contained in the Contract Documents.

    4. Except as may be required under terms of the Performance Bond or Payment Bond, Contractor shall not assign money due or to become due under this agreement without prior written consent of Owner. Any assignment of money due or to become due under this agreement without prior written consent of Owner shall be void and shall not obligate Owner in any way. 

    5. Owner shall not assign the rights or benefits due or to become due under this agreement without prior written consent of Contractor. Any assignment of the rights or benefits due or to become due under this agreement without prior written consent of Contractor shall be void and shall not obligate Contractor in any way. 

    6. Owner will recognize a successor in interest to Contractor when the transferor, transferee, and Owner agree that: (1) Transferee assumes all of the transferor's obligations, (2) Transferor remains liable for all obligations under the Contract but waives all rights under the contract, and (3) Both transferor and transferee provide all Bonds required by this contract. 

    7. No assignment by Contractor or Owner shall relieve either Owner or Contractor of obligations assumed under this contract.

  22. Choice of Law

    1. The contract shall be governed by the Law of the State of Texas.

  23. Choice of Venue

    1. The Parties agree that venue for any action arising from, in connection with, or related to performance of this contract shall be in the county of Wise in the State of Texas.

  24. Entire Agreement

    1. The Contract Documents are the entire agreement and constitute a complete integration of all understandings between Contractor and Owner on the subject of the Project [Repair/Installation]. The Contract Documents supersede all prior negotiations, representations and agreements, whether written or oral. No subsequent notation, renewal, addition, deletion, change or amendment to this contract shall have any force or effect unless in the form of a written Change Order or amendment to this contract.

  25. Independent Contractor

    1. Contractor shall perform all obligations required by this agreement as an independent contractor and not as an employee of Owner. No agent, employee or Subcontractor of Contractor shall accrue leave, pension, insurance, or any other benefit provided to employees of Owner.

  26. Severability

    1. If any provision of this contract is interpreted or rendered invalid and unenforceable, then the remainder of this contract shall remain in full force and effect.

  27. Materials and Substitutions

    1. When the Specifications refer to materials or equipment by performance standard (such as an ASTM identifier), Contractor may select for Installation any product or equipment meeting that standard. When several products or manufacturers are identified as acceptable in the Specifications, Contractor has the option of using any of the products or selecting any of the manufacturers listed without seeking approval from Owner.

    2. Except as stated otherwise in the Specifications, any reference in the Specifications to a brand, make, manufacturer, or model denotes only characteristics of quality, workmanship, economy of operation and suitability for the intended purpose. Contractor may use any substantially equivalent material, equipment, or article if approved in advance of Installation by Owner.

  28. Extension of the Time for Completion

    1. The following shall constitute excusable delay for which the Contract Time shall be extended: (1) Strike, boycott, embargo, terrorism, armed rebellion, quarantine or other obstructive action by employees, labor organizations, discovery of archaeological or paleontological artifacts, act or neglect of a public utility, or order of government authority, and (2) Fire, flood, earthquake, tornado, tidal wave, lightning, casualty loss, epidemic, or unusually adverse weather. Owner shall execute a Change Order for Excusable Delay by extending the Contract Time for the period of the delay.  

    2. For delay in delivery of materials or equipment or for a shortage of labor that results from unforeseeable circumstances beyond the control and without fault or negligence of Contractor, or any Subcontractor or Material Supplier of Contractor, Owner will grant an extension of the Contract Time if: (1) Contractor notifies Owner promptly on discovery of the anticipated shortage, (2) Contractor substantiates the delay as unavoidable with a detailed chronology of events and all relevant correspondence, and (3) Contractor provides a firm date when the material, equipment or labor will be available. 

  29. Contractor Claims for Delay

    1. The Contract Price shall be adjusted for any increase in the cost of performance of this contract caused by suspension, delay or interruption of the Work due to: (1) An error or omission in the Contract Documents, (2) A decision of Owner to change the Scope of the Work, unless the decision is the result of an error or omission by Contractor, (3) A decision of Owner to suspend the Work, unless the decision is the result of an error or omission by Contractor, (4) A failure by Owner to comply with the construction schedule, (5) Any act or neglect of Owner or agent of Owner or any Separate Contractor, (6) Failure of Owner to yield control of the Job Site to Contractor, or (7) Failure of Owner to make payments when due under the terms of this agreement.

    2. Any delay caused by a third party for the benefit of Owner or within the control of Owner or about which Owner had exclusive knowledge shall be considered a constructive suspension of Work and shall entitle Contractor to an increase in the Contract Price for higher costs of performance.

    3. No change in the Contract Time for completion or the Contract Price shall become part of the Contract Documents without a Change Order.

    4. Compensation to Contractor for suspension, delay, or interruption of Work shall include direct overhead (Job Site) expense, a proportionate share of unabsorbed indirect (home office) overhead expense, lost efficiency and lost profit taken as 15 percent of total compensable expenses. Direct overhead costs shall include, without limitation: (1) Labor (with taxes, insurance and fringe benefits) for the idle work force, (2) The fair rental cost of idle equipment (such as vehicles, construction tools and equipment), (3) Facilities (such as temporary structures, water, power, phone, and toilets), (4) The additional cost of Bonds and insurance, (5) Similar direct overhead costs of Subcontractors to whom Contractor is liable for damages that result from the delay, and (6) Demobilization and re-mobilization costs. Unabsorbed indirect overhead costs shall include, without limitation, the proportionate share of office rent, office supplies, office utilities, office equipment, advertising, professional fees, management salaries, technical services, estimating, selling, accounting, bookkeeping and clerical expense, business licenses, taxes (except income taxes), and insurance. 

    5. IN NO EVENT SHALL CONTRACTOR BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES RESULTING FROM FUMES, ODORS, OFF-GAS, OR SMELLS THAT RESULT FROM THE NORMAL USE OF ROOFING MATERIALS, SUCH AS ROOFING TAR, SHINGLES, OR OTHER MATERIALS USED IN ROOF INSTALLATIONS OR REPAIRS.

  30. Consequential Damages

    1. Contractor and Owner waive all Claims for consequential damages against each other, their respective officers, directors, partners, employees, agents, consultants and Subcontractors, arising out of or relating to this contract or the termination of this contract, except those consequential damages covered by insurance or specifically provided elsewhere in this agreement.

  31. Right to Stop Work for Non-Payment

    1. After giving reasonable notice, Contractor shall have the right to suspend the Work under this contract if any payment not in dispute for Work completed, including payment for Extra Work, is not received by Contractor as provided in this agreement. Once the Work is suspended, Contractor may keep the Project [Repair/Installation] idle until all payments due have been received by Contractor. 

    2. Neither Contractor, nor Surety of Contractor, nor any Subcontractor of Contractor shall be liable for delay or damage that Owner may suffer as a result of suspension of the Work for failure to receive payments due under this agreement so long as: (1) Work was suspended by Contractor in compliance with the terms of this contract and with applicable Law, and (2) There is no good faith dispute that payment is due Contractor at the time of suspension. A good faith dispute exists if Owner provides: (1) A list of specific reasons for nonpayment, including labor, materials, or equipment not in compliance with the Contract Documents, and (2) Contractor is afforded a reasonable opportunity to correct the Defects cited or issue a credit compensating Owner for Defects that cannot be cured promptly.

  32. Termination of Contract by Contractor

    1. Should Owner or any affiliate of Owner: (1) Become insolvent, file a petition in bankruptcy, or perform an assignment for the benefit of creditors, (2) Fail to make any payment not in dispute to Contractor within 30 calendar days of the date due, or (3) Be in substantial breach of any financial commitment undertaken in this contract, then Contractor may request from Owner documentation confirming the ability of Owner to pay in full for completion of the Project [Repair/Installation]. If, within 15 calendar days of this request for documentation, Owner has not provided clear and convincing evidence of the ability to meet financial obligations of this contract, Contractor may terminate this agreement and collect compensation as may be provided in this contract or, if not so provided, as allowed by Law.

    2. Contractor shall have the right to terminate this contract for: (1) Repeated failure by Owner to make payments, when due, of sums not in dispute, (2) Failure of Owner to cure a material breach of a covenant or obligation of this contract within 10 calendar days after delivery of a written demand from Contractor, or (3) Persistent failure of Owner to meet contract obligations essential for progress of the Work.

    3. On termination of this contract by Contractor, Owner shall pay Contractor for all Work properly executed and not yet paid for, plus any losses on materials or equipment, plus reasonable overhead and profit, but excluding unabsorbed (home office) overhead.

    4. After termination of this agreement by Contractor, all payments due Contractor shall be made within 30 calendar days after Contractor removes from the Job Site all equipment and material owned by Contractor.

  33. Delivery of Notices

    1. Any written notice required by this contract can be: (1) Delivered by hand to the last known address of the addressee, or (2) Delivered by hand to the addressee or representative of the addressee, wherever found. Notice is effective upon delivery.

    2. Any written notice required by this contract can be: (1) Delivered by enclosing in a stamped envelope addressed to the last known address of the intended recipient and either deposited in a United States Postal Service mailbox or given to a USPS employee, or (2) Consigned to a commercial courier service and addressed to the last known address of the intended recipient. Notice is effective upon delivery if proof of delivery is provided. Where no proof of delivery is available, notice is effective 5 calendar days after mailing or consignment to a courier service.

This contract is subject to Chapter 27 of the Texas Property Code. The provisions of that chapter may affect your right to recover damages arising from a construction defect. If you have a complaint concerning a construction defect and that defect has not been corrected as may be required by law or by contract, you must provide the notice required by Chapter 27 of the Texas Property Code to the contractor by certified mail, return receipt requested, not later than the 60th day before the date you file suit to recover damages in a court of law or initiate arbitration. The notice must refer to Chapter 27 of the Texas Property Code and must describe the construction defect. If requested by the contractor, you must provide the contractor an opportunity to inspect and cure the defect as provided by Section 27.004 of the Texas Property Code.

WAIVER OF THE LIST OF SUBCONTRACTORS AND SUPPLIERS. AN OWNER IS NOT REQUIRED TO WAIVE THE RIGHT GRANTED BY SECTION 53.256, PROPERTY CODE, TO RECEIVE FROM THE CONTRACTOR AN ORIGINAL OR UPDATED LIST OF SUBCONTRACTORS AND SUPPLIERS. BY SIGNING THIS DOCUMENT, I AGREE TO WAIVE MY RIGHT TO RECEIVE FROM THE CONTRACTOR AN ORIGINAL OR UPDATED LIST OF SUBCONTRACTORS AND SUPPLIERS. I UNDERSTAND AND ACKNOWLEDGE THAT, AFTER SIGNING THIS DOCUMENT, THIS WAIVER MAY NOT BE CANCELED AT A LATER DATE. I HAVE VOLUNTARILY CONSENTED TO THIS WAIVER.

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