Standard WORK AGREEMENT

This agreement is made on the date written above our signatures between Robert Pullan dba Heights Enterprises (Contractor) and  (Owner).

Contractor

Robert Pullan dba Heights Enterprises, 2617 Euclid Heights Blvd, Suite 9, Cleveland Heights, Ohio 44106

Work Phone Number: 216.224.8127  Fax Number: 866.583.4179 Email Address: robert@HeightsEnterprises.com 

License Number: SH 7097 - CH 4965

Robert Pullan dba Heights Enterprises is licensed as proprietorship in the state of Ohio and will be referred to as HE throughout this agreement.

Owner

As noted on Proposal linking to this page

The Construction Site

ADDRESS  as noted on Proposal linking to this page

 Ohio 

Project Description

For a price identified on the “Proposal linked to this page”, HE agrees to complete remodeling work (identified in "Proposal"  in this agreement) for Owner.

As detailed  on Proposal or Estimate signed by Owner unless noted elsewhere herein..

Contract Price

In addition to any other charges specified in this agreement, Owner agrees to pay HE as described in the "Proposal" or "Estimate" for completing the Work described as the as described in the "Proposal" or "Estimate".

Alternative Pricing Options


Scheduled Start of Construction

Work under this agreement will begin when convenient for both Owner and HE.

Documents Incorporated

The Glossary of Terms which follows our signatures is incorporated into this contract as though included in full as part of this agreement.

This agreement incorporates by reference certain disclosures and notices required by federal and state law. The following documents are incorporated as though included in full as part of this agreement.
  

• Notice of Cancellation (in duplicate)

• Notice of Right to Cancel under Regulation Z (in duplicate)

• Renovating Right: Important Lead Hazard Information for Families, Child Care Providers and Schools – also available at Http:

• Proposal or Estimates signed by Owner

• Supporting Documents including plans, specifications, and product information.

This agreement incorporates by reference certain documents which define and describe the Work to be done. The following documents are incorporated as though included in full as part of this agreement.

Specifications

Specifications dated______________

Proposal (Estimate or Bid)

For the amount of $0.00

General Conditions

Special Conditions

Shop Drawings

Samples

Scope of Work

The intent of this contract is to provide for the construction, complete in every detail, of the Work described in or reasonably inferred from the Contract Documents, at the Contract Price and within the time established in the schedule. HE has the duty to determine the means, methods, techniques, sequences and procedures required to complete the As noted in "Proposal" or "Estimate" as described and inferred.

Except for materials expressly designated otherwise in the Contract Documents, HE warrants that all materials and equipment furnished under this contract shall be of good quality and new.

HE 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. HE 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.

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

Cutting and Patching

HE will ensure that cutting and patching required to make building parts fit together properly is done by those skilled in the trade. Work completed by HE will have the neatly finished appearance characteristic of professional grade construction. 

The color, texture and planes between existing and new materials might not match exactly. HE will use due diligence to create the best match possible. Owner acknowledges that patched surfaces may be detectable when construction is complete.

Job Site Safety

HE will at all times take all reasonable precautions for the safety of employees and the public at the Job Site and will comply with all applicable safety Laws and regulations of federal, state, and local authorities (including building codes) and safety Requirements of Owner.

Hazardous Materials Used in Construction

The use of materials or equipment containing asbestos is prohibited under this contract. HE warrants that all materials and equipment incorporated in the As noted in "Proposal" or "Estimate" are asbestos-free. HE shall be responsible for removal and replacement costs should it be determined that the provision of this paragraph has been violated. Responsibility of HE for violating the terms of this paragraph shall not be limited in duration by Project completion, the warranty period, or other provisions of this contract.

Explosives shall not be used without first obtaining all permits required by Law, and written permission from Owner. Storage of explosives on the Job Site is prohibited. Regardless of the approval by Owner, any loss or damage that results from use or handling of explosives by HE shall be the sole responsibility of HE. Powder-activated tools are not considered explosives for purposes of this contract.

Except as provided elsewhere in the Contract Documents, HE is prohibited from installing any lead-containing materials or products, including paint, in any Work to be performed under this contract. HE shall be responsible for removal and replacement costs should it be determined that the provision of this paragraph has been violated. Responsibility of HE for violating the terms of this paragraph shall not be limited in duration by Project completion, the warranty period, or other provisions of this contract.

All flammable liquid having a flash point of 110 degrees F. or below shall be confined to Underwriters Laboratories-labeled safety cans. Paint thinners, gasoline, oil, roofing materials, and other flammables shall be stored in suitable shelters at least 50 feet from permanent structures. Spigots shall not be used on drums containing flammable liquids. Drums are to be equipped with approved vented pumps. 

Temporary oil-fired stoves and gas-fired heaters shall be of types approved by Underwriters Laboratories and shall have proper safety combustion controls.

Hazardous Materials Discovered on Site

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 HE, Subcontractors, or anyone directly or indirectly employed by them. Nothing in this paragraph shall relieve HE from liability for negligence in handling or removing Hazardous Materials as required under the terms of this agreement.

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

If HE incurs any loss as a result of the discovery or abatement of Hazardous Material not brought on the Job Site by HE, 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.

Owner shall defend, Indemnify and hold harmless HE 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 HE, 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 HE.

Compliance with Law

HE 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.

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

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

Permits and Fees

HE shall secure all permits, licenses and renewals required by government authority to complete construction of the As noted in "Proposal" or "Estimate". If permits are required for Subcontracted Work, Subcontractors will secure those permits. Owner shall assist HE in responding to requests for information from the permit-issuing authority. HE shall provide Owner a copy of each permit, license and renewal issued by government authority for the As noted in "Proposal" or "Estimate".

The cost of obtaining official approval of the project shall be borne by the Owner except if outlined in the "Proposal" or "Estimate" otherwise. Such costs shall include permit fees, and other documentauion required by the city in order to obtain a permit including Archetectural Review Board approval. 

Except as provided elsewhere in this agreement, Owner will pay all fees and application charges imposed by government authority, including, but not limited to, grading permit fees, drainage permit fees, traffic control charges, thoroughfare charges, impact fees, special district fees, sewer fees, water fees, planning fees, school fees, elevator permit fees, charges for temporary access or use of the public right of way, and charges for document processing, hearings, and certifications. Owner will also pay all fees and application charges imposed by any association of property owners having authority over the Job Site.

Except as provided elsewhere in this agreement, Owner will pay all application fees and connection charges imposed by utility companies or government agencies for bringing service to the Job Site, and for connecting gas, water, electricity, phone, cable, sewer, and drainage lines.

Except as provided elsewhere in this agreement, Owner will secure all approvals for the As noted in "Proposal" or "Estimate" that are required by government authority, including planning, easements, remediation, environmental, and zoning approvals.

Taxes

If any federal, state or local tax rate increases or if any new federal, state or local tax is imposed, whether by Law, regulation, or interpretation, between the Contract Date and Substantial Completion, the Contract Price shall be increased by the additional tax levied on HE, but only to the extent that the change in rate or new tax could not have been reasonably foreseen on the Contract Date.

Temporary Utilities

Owner shall permit HE to use utility services, including water, electric power, heating and cooling, without charge, as required to complete the Work. HE shall provide all required connections to these services in a safe manner and in accord with applicable codes. HE shall ensure that utility services furnished by Owner are not wasted. Before Final Completion, HE 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 HE of water and electricity provided by Owner constitutes a release by HE of all Claims and of all liability to Owner for damages which may result from power and water outages or voltage variations.

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

If HE elects to put the permanent HVAC system into use, in whole or in part, HE shall protect and maintain the HVAC system and pay for the cost of operation. Use of the permanent HVAC system by HE shall not constitute acceptance of the system by Owner, nor shall it reduce the HVAC warranty period to which Owner is entitled. If necessary, HE shall provide the manufacturer's extended warranty to cover use of the HVAC system by HE prior to the date of Substantial Completion. Cost of the extended warranty shall be paid by HE.

Unless agreed to in advance by Owner, construction personnel shall use temporary toilet facilities provided by HE, and none other.

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

Permanent Utilities

Owner shall secure and pay for Installation, connection, and modification of permanent electric, water, phone, cable, sewer and gas service as required for the completed Project. 

Job Cleanup

HE shall regularly remove from the Job Site and storage areas all surplus material, waste and debris resulting from the Work. Construction debris shall be removed to a legal refuse collection site with disposal or recycling fees paid by HE. At completion of the Work, HE shall, in addition, remove from the Job Site all tools, equipment and scaffolding brought to the Job Site by HE or Subcontractors. At Substantial Completion, exposed finishes of windows, doors, floors, walls, ceilings, fixtures and trim shall be cleaned and free of grime, stains, over spray, dirt and dust.

HE shall provide a trash disposal facility on the Job Site for use by construction personnel. The on-site trash facility provided by HE shall be of an appropriate size for the Project and placed in a location approved by Owner. All construction debris shall either be placed in the trash facility provided by HE or hauled to a legal disposal site, at the discretion of HE. When any trash container provided by HE is full, contents shall be removed to a legal disposal facility at the expense of HE.

Project Sign

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

Project Superintendent

HE shall be available to supervise the Work on a regular basis or shall have a competent Representative available, either on the Job Site or by phone, with authority to give instructions and make decisions for HE. 

Employee Relations

HE is responsible for performance of all construction crews, including employees of Subcontractors, and shall enforce strict discipline and good order on the Job Site. 

HE will enforce the following rules on the Job Site: (1) Anyone found in possession of a firearm will be directed to leave immediately and will not be allowed to return, (2) Possession, sale, or distribution of alcohol or illicit drugs is prohibited. Anyone under the influence of alcohol or illicit drugs will be directed to leave immediately, (3) HE will certify that personnel on the Job Site have consented to submit to drug and alcohol screening and testing including pre-employment, for cause, periodic or random tests, and (4) Entry on the Job Site shall constitute consent to Inspection of an employee's person, vehicle, and personal effects by HE, Owner, or other authority. Any employee who is found in violation of these Job Site rules or who refuses to permit Inspection shall be barred from the Job Site at the discretion of HE or Owner.

HE will allow only qualified, careful and skilled personnel to do the Work. Each worker shall have the appropriate license, certification or experience necessary to complete the tasks assigned. 

Emergency Response

In any Emergency threatening the health, safety or life of persons or serious and immediate damage to property, HE 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, HE shall provide Emergency assistance without special instruction or authorization from Owner. However, HE shall notify Owner promptly if HE believes any significant changes in the Work or variations from Contract Documents have been caused by the Emergency response. 

HE shall post on the Job Site a list of current Emergency telephone numbers. The list shall include telephone numbers for responsible individuals who can be contacted after normal working hours in the event of an Emergency. This list shall be posted in a prominent place on the As noted in "Proposal" or "Estimate" and protected from the weather.

Owner's Responsibilities

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

Owner affirms that Owner has the right to enter into this agreement and has the right to contract for construction of the As noted in "Proposal" or "Estimate" 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.

Owner shall have sole responsibility to secure financing for the As noted in "Proposal" or "Estimate" 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 HE. Owner hereby authorizes and directs any lender on the As noted in "Proposal" or "Estimate" to furnish HE with full information on undisbursed loan proceeds when requested by HE.

On request of HE, 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 HE 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 HE of the obligation to begin or continue the Work.

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

Owner will coordinate the Work of Separate Contractors on the Job Site to ensure that Work under this contract can proceed without interference. Owner affirms that contracts with Separate Contractors require their cooperation with HE.

All materials to be furnished by Owner under the Contract Documents shall be on hand and available at the location specified, when required in the normal course of construction. HE makes no warrant that materials Furnished by Owner are suitable for use in the As noted in "Proposal" or "Estimate" and may reject such materials if Installation would materially increase the cost of construction or substantially delay completion of the As noted in "Proposal" or "Estimate". 

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.

Construction by Others

Owner shall neither hire nor retain Separate Contractors, Subcontractors, employees or agents of Owner to perform Work on the Job Site while Work is being done under this agreement by HE.

Representations by Contractor

The Contract Price is based on HE's careful evaluation of Plans, Specifications, Contract Documents, local conditions, including availability of labor, material, equipment, and transportation, the kind and character of soil and terrain, all available reports and tests on soil conditions, Work to be performed by Owner or Separate Contractors, environmental and historic preservation considerations, applicable Code Requirements, climatic conditions, and other local conditions that may affect cost to HE or duration of construction.

HE shall use skill and attention to complete the Work in a timely manner consistent with the Contract Documents.

Owner has reported to HE all conditions known to Owner which may not be apparent to HE 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.

HE affirms that the company is financially solvent, licensed, experienced, competent, and has resources necessary to complete the Work in compliance with the Contract Documents.

Disclaimer by Owner, Reliance by Contractor

HE acknowledges that information offered by Owner on subsurface or concealed conditions or structures at the Job Site represent only the opinion of Owner based on limited knowledge and understanding and is not part of the contract. Owner disclaims the accuracy of information provided to HE.

Discrepancy Between Plans and Field Conditions

HE is not a Design Professional and has no obligation to find discrepancies between Job Site conditions and representations or Requirements in the Contract Documents.

HE shall not be liable for discrepancies between representations or Requirements in the Contract Documents and conditions at the Job Site unless HE knowingly fails to report a discrepancy, in which case HE shall be liable for additional costs incurred as a result of failure to give prompt notification. 

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, HE shall promptly, and before any such structure or line is disturbed or damaged (except in an Emergency), notify Owner. HE 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.

Differing Site Conditions

HE shall promptly, and before the conditions are disturbed, give a written notice to Owner on encountering unforeseeable conditions adversely affecting the Work. Owner shall investigate the site conditions promptly after receiving notice. If the conditions cause an increase in cost to HE or the time required for performing any part of the Work and were not reasonably foreseeable by an experienced Contractor, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly.

Both natural and man-made physical conditions, including asbestos, pollution and mold, may form the basis for a Claim for equitable adjustment for differing site conditions.

If concealed or unanticipated conditions require a change in the Plans or Specifications, Owner will issue a Change Order modifying the Contract Documents, Contract Price and Contract Completion Date, if any.

Anything in this contract notwithstanding, HE is entitled to rely on express or implied representations concerning site conditions made by Owner and those employed by Owner regardless of whether those representations are made in Contract Documents or otherwise.

Access from Other Property

When the Work requires access by HE through adjacent public or private property or closure of a public right of way, Owner shall secure the appropriate permit, license or temporary easement, and give notice as may be required by Law. 

Owner agrees to Indemnify and hold HE harmless from Claims by owners of adjacent private property and from Claims of government resulting from access by HE through public property or closure of a public right of way.

Access to Site by Owner

While Work is in preparation or in progress, HE shall, at all times, provide access to the Job Site to Owner and those authorized by Owner. HE shall provide safe and proper facilities for such access. Owner and those authorized by Owner shall have the right to inspect all Work done and all materials, equipment and fixtures furnished, installed, or stored in and about the Job Site.

If Owner or anyone authorized by Owner is on the Job Site while Work is in preparation or progress and causes a delay or disruption of the Work or does damage to the Work, for which HE is in no way responsible, HE shall be entitled to extra compensation or an extension of time, or both.

Use of the Site

Owner has agreed to furnish all required rights to use the land upon which the Work is to be constructed. Owner will identify any encumbrances or restrictions related to use of the land furnished and HE agrees to comply with those encumbrances or restrictions. If Owner fails to furnish the land, rights of way, or easements when required, HE may make a Claim for extra compensation, additional time, or other relief. 

Except as otherwise provided in the Contract Documents, HE may erect temporary facilities, such as storage sheds, shops and offices on the Job Site. Such temporary buildings shall remain the property of HE and shall be removed at the expense of HE at completion of the Work.

HE shall notify Owner at least 72 hours in advance if it will be necessary for HE to interrupt utility service to any building or portion of a building occupied or otherwise used by Owner. Every reasonable means shall be used by HE to minimize the duration of any utility outage. 

Owner shall designate a construction entrance which HE shall use for all delivery of materials and equipment and which shall be used by all construction personnel.

Audit of Records

Accounting books and records of HE shall be available for Inspection and copying by Owner or a person authorized by Owner during normal working hours at a place of business designated by HE. Records made available shall include both electronic and paper versions of accounting records, receipts, vouchers, purchase orders, Subcontract files (including proposals of successful and unsuccessful bidders), original estimates, estimating worksheets, correspondence, written policies and procedures, Change Order files (including documentation on negotiated settlements), payroll ledgers, record of allocation of overhead expense, and other documents which relate to the Work. 

On request, HE shall release a certified copy of an employee's payroll record for Inspection and copying by the employee, Owner, or agency of government. Any copy of a payroll record made available for Inspection or copying by a public agency or Owner shall be marked or obliterated to prevent disclosure of the employee's name, address, and Social Security number.

Interest

Payments due and not paid under the Contract Documents shall bear interest from the date payment is due at a monthly rate of 15.00 percent.

When payment is withheld pending settlement of a bona fide dispute on the quantity, quality, or timeliness of the Work, interest shall accrue only on the amount ultimately paid.

Payment of interest does not abrogate or replace any other rights HE may have under this agreement.

Any interest which remains unpaid at the end of any 30-calendar day period shall be added to the principal amount due and thereafter shall accrue interest at the same rate as the principal.

Liens and Waivers

Within 7 calendar days after receipt of funds from Owner for Work done by a Subcontractor or materials provided by a Material Supplier, HE will either (1) Pay for that Work and those materials, or (2) Notify the Subcontractor or Material Supplier, in writing, of the intention to withhold all or some portion of the payment due and explain why payment is being withheld. 

Settlement of Lien Claims

No right of Owner to reimbursement from HE or deduction from payments due HE for a lien Claim on the As noted in "Proposal" or "Estimate" shall arise so long as the Work which is the subject of the lien Claim is in dispute resolution, mediation, arbitration or litigation.

Details on Lien Claims

HE warrants and guarantees that the As noted in "Proposal" or "Estimate" will be completed free of liens, Claims, security interests, and encumbrances of Subcontractor, tradesmen and Material Suppliers working under direction of HE on the As noted in "Proposal" or "Estimate".

On request of HE, Owner shall provide to HE a legal description of the Site and all information about the As noted in "Proposal" or "Estimate" as may be required by HE, Subcontractors, Material Suppliers, or tradesmen to enforce lien rights in Ohio.

HE acknowledges and agrees that at the time this contract is signed, no Work has been performed and no materials have been furnished for the As noted in "Proposal" or "Estimate".

Changes in the Work

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 HE and Owner identifying the change, the cost of the change, and the effect on Project schedule, if any.

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.

Any change in the Work required due to a defect or inconsistency in Plans, Specifications or other Contract Documents shall be considered Extra Work.

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.

HE 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. 

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

Any increase in the cost to HE of labor, materials, equipment or Subcontract Work between the time the contract is executed and the time the Work is done shall be considered Extra Work so long as the increase is beyond control of HE. HE shall provide detailed records showing each cost change claimed.

The cost to Owner of any Extra Work shall include any loss by HE due to change in quantity discounts, forfeiture of deposits, restocking charges, cancellation charges, waste of time or materials or additional delivery charges.

HE 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.

HE 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. HE will inform Owner of each minor change made in the Work.

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

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

Notwithstanding any provision in this agreement to the contrary, HE 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 HE or delay the Contract Completion Date.

Should HE and Owner fail to agree promptly on the terms of a Change Order, HE 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.

Failure of HE 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 HE to Claim that Work performed was beyond Requirements of the Contract Documents.

Cooperation of the Parties

Both HE and Owner pledge that their relations will be conducted with courtesy and consideration in an environment characterized by mutual respect. Owner pledges to respond promptly to requests by HE for guidance, assistance and payments when due and agrees to extend to HE the deference and latitude a dedicated professional deserves. HE pledges to commit the skill and resources required to complete the As noted in "Proposal" or "Estimate" in a manner that complies with both the letter and spirit of the Contract Documents and enhances the reputation of HE for dependability and professionalism. 

Value Engineering

HE is encouraged to submit in writing to Owner detailed value engineering proposals which will accelerate completion, reduce cost to Owner, or which offer significant benefits (including long-term benefits) to Owner. On acceptance of any value engineering proposal, Owner and HE shall execute a detailed Change Order identifying the change and value of the direct cost saving or enhanced value to Owner. Owner shall pay to HE 50 percent of the direct cost saving or enhanced value identified in any Change Order that results from a written value engineering proposal submitted by HE. In the absence of any such value engineering proposal, HE is deemed to have accepted construction details provided by the Contract Documents as adequate to produce satisfactory Work.

Defective Work

General Requirements

On written notice from Owner, HE 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 As noted in "Proposal" or "Estimate". HE shall promptly repair or replace such rejected Work or materials at no cost to Owner.

Rejected Work - Contractor's Obligations

HE shall bear all expenses related to the correction of rejected Work and replacing rejected materials, including the expense of making good all Work of HE, Owner and Separate Contractors destroyed or damaged by the corrections and replacements.

At the request of Owner, HE shall search for the cause of a construction Defect.

Rejected Work - Contractor's Rights

If HE disagrees with a decision on rejection of Work or rejection of materials, HE may proceed with corrections under protest and invoke the provisions of this agreement which cover dispute resolution. If such rejection of Work or materials is found to be without merit or with no adequate foundation, HE shall be entitled to a Change Order for Extra Work and Owner shall pay all costs associated with corrections completed under protest.

If HE disagrees with a decision on rejection of Work or materials, HE is entitled to an expedited resolution of the issue under the provisions of this agreement which cover dispute resolution. Pending resolution of this dispute, the obligation of HE to make correction is suspended. The Contract Time, if any, is extended for the period the dispute remains unresolved.

HE has the right to inspect rejected Work or materials and collect relevant evidence before the Work or materials are disturbed or altered in any way.

HE is not liable for consequential or indirect damages which result when rejected Work or materials cannot be corrected due to delay by Owner or due to any cause beyond control of HE.

Owner acknowledges and agrees that it may be inappropriate or unreasonably expensive to replace, refabricate or refinish building components with minor Defects or which are damaged slightly due to wear and tear commonly associated with the construction process. HE may, at the sole discretion of HE, (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.

Call-Backs

On written notice from Owner of a Defect in material or workmanship within the period provided by Law (the call-back period), HE shall make the correction or repair required by Law or statute.

Failure of Owner to give notice of a Defect within the call-back period constitutes a waiver of rights to repair or replacement of that Defect. 

HE has the right to test and inspect any Claimed Defect during the call-back period and may seek the opinion of independent experts on the Claimed Defect before beginning repairs.

If any portion of the Work is put to its intended use by Owner prior to Substantial Completion, the call-back period for that portion of the Work shall begin to run from the calendar day that portion of the Work is put to its intended use.

Warranty

Except as otherwise provided in this agreement, HE warrants for one year that the Work conforms with the Contract Documents. 

Contractor Claims

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

HE 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 HE and Owner shall be resolved under the provisions of this agreement covering dispute resolution.

Notice of Claims

Within 10 calendar days after completion of Work which is the subject of a notice of Claim, HE shall provide to Owner a written final statement of Claim. The final statement of Claim shall include: (1) The date of the statement, (2) The date when Work done under the Claim was completed, (3) The full and final amount of the Claim and the additional time Claimed, and (4) An offer to provide detailed written records substantiating each element of the Claim.

The amount Claimed by HE shall be calculated in accord with provisions in this contract on charges for Extra Work.

Ohio's Right to Repair Act

OHIO LAW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT OR COMMENCE ARBITRATION PROCEEDINGS FOR DEFECTIVE CONSTRUCTION AGAINST THE RESIDENTIAL CONTRACTOR WHO CONSTRUCTED YOUR HOME. AT LEAST SIXTY DAYS BEFORE YOU FILE A LAWSUIT OR COMMENCE ARBITRATION PROCEEDINGS, YOU MUST PROVIDE THE CONTRACTOR WITH A WRITTEN NOTICE OF THE CONDITIONS YOU ALLEGE ARE DEFECTIVE. UNDER CHAPTER 1312. OF THE OHIO REVISED CODE, THE CONTRACTOR HAS AN OPPORTUNITY TO OFFER TO REPAIR OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER THE CONTRACTOR MAKES. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT OR COMMENCE ARBITRATION PROCEEDINGS. 

Statutes of Limitations

No action shall be brought to recover damages for any unsafe or Defective condition in the As noted in "Proposal" or "Estimate" more than 2 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.

No action shall be brought to recover damages for any unsafe or Defective condition in the As noted in "Proposal" or "Estimate" more than 4 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.

Insurance

General Requirements

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

Liability for Damages

Owner's Liability for Damages

If the Work is damaged due to the fault of Owner or anyone acting as an agent or employee of Owner and at no fault of HE, Owner may either repair or replace the damage at the expense of Owner or elect to accept the As noted in "Proposal" or "Estimate" as complete with the damaged portion not repaired or replaced.

Contractor's Liability for Damages

HE 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 HE.

HE shall have no liability for damage to the As noted in "Proposal" or "Estimate" 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 HE or officers, agents, Subcontractors or Material Suppliers of HE. 

HE 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 HE 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 sonic or supersonic speeds.

Owner shall bear the risk of loss, damage, disappearance, theft, or misappropriation of materials delivered to and intended for use by HE on the Job Site. HE has no liability for any such loss, damage disappearance, theft or misappropriation except as covered by insurance secured by HE.

HE 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 HE unless HE is obligated by the terms of this agreement to provide insurance against such loss or damage. 

Interpretation of the Contract

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.

Words and abbreviations defined in this contract are capitalized and should be understood as defined. Words commonly used in the construction industry are to be understood in their recognized technical or construction industry context. Any word not defined in this contract and which does not have a well-known technical or construction industry meaning is to be understood as defined in the most recent edition of the Merriam-Webster Collegiate Dictionary.

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

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. 

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

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").

Except as noted otherwise, references to standard Specifications or publications of associations, bureaus, or organizations shall mean the latest edition of the referenced standard Specification or publication as of the date this contract was signed.

No Waiver of Contract Provisions

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 HE and Owner be construed to waive or lessen the right of either Party to insist upon performance in strict compliance with the Contract Documents.

Rights of Third Parties

Except as provided elsewhere in this agreement, neither HE nor Owner intend that any provision of the Contract Documents create any obligation or confer any right or benefit on anyone other than Owner and HE.

Dealing With Plan Defects

At any time, HE may request an interpretation or clarification of the Contract Documents from Owner. Owner shall reply with a written interpretation, clarification, or detailed instructions within a reasonable time.

HE will rely on the Contract Documents as the final authority on what is included in the As noted in "Proposal" or "Estimate". The Contract Documents were created to identify the labor, material and equipment required for proper completion of the As noted in "Proposal" or "Estimate". The Contract Documents are defective if a reasonably skilled construction contractor doing Similar Work in the community and following generally accepted trade practice could not use the Contract Documents to identify each labor, material and equipment cost required to complete the As noted in "Proposal" or "Estimate". HE bears no responsibility for defects in the Contract Documents.

HE will report promptly to Owner any design defects likely to result in problems during construction of the As noted in "Proposal" or "Estimate". However, HE is not a licensed architect or engineer and has no obligation to detect ambiguities, inconsistencies or omissions in the Contract Documents. While acting in good faith, HE is entitled to rely on the Work of a trained design specialist selected by and responsible to Owner.

HE is entitled to rely on dimensions and descriptions shown in the Contract Documents when ordering materials for Installation. 

Ambiguities, inconsistencies and omissions in the Contract Documents are design defects, not errors by HE. The cost of correcting design defects shall be at the expense of Owner.

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.

If inconsistent, the construction Drawings take precedence over the Specifications.

If anything in the construction Specifications is inconsistent with anything else in the construction Specifications: (1) A product performance Requirement takes precedence over a named product or manufacturer, and (2) Other clauses in the Specifications take precedence over anything incorporated by reference into the Specifications.

If anything in the construction Drawings is inconsistent with anything else in the construction Drawings: (1) Dimensions written in numbers take precedence over scaled measurements, (2) Notes and schedules take precedence over lines on the Drawings, (3) Large scale Drawings take precedence over small scale Drawings, (4) Schedules take precedence over notes or other directions, (5) Specific notes take precedence over general notes, and (6) Bottom elevations of footings take precedence over any general notes.

If inconsistent, other Contract Documents take precedence over any manual, industry standard, recommendation, regulation, set of guidelines, code, or instructions incorporated by reference into the Contract Documents. 

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

Except as specifically provided elsewhere in this agreement, inconsistencies shall be resolved by giving precedence to the less restrictive, standard quality, less demanding provision in codes, safety orders, Contract Documents, referenced manufacturers' specifications, and industry standards.

Pending clarification by Owner, HE shall perform no Work on any portion of the As noted in "Proposal" or "Estimate" requiring an interpretation of the Contract Documents. HE has no liability for Work done before discovering the need for interpretation so long as that Work was done in good faith reliance on one of the Contract Documents.

Assignment of the Contract

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

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

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

Owner will recognize a successor in interest to HE 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. 

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

Choice of Law

The contract shall be governed by the Law of the State of Ohio.

Choice of Venue

The Parties agree that venue for any action related to performance of this contract shall be in the county of Cuyahoga in the State of Ohio.

Entire Agreement

The Contract Documents are the entire agreement and constitute a complete integration of all understandings between HE and Owner on the subject of the As noted in "Proposal" or "Estimate". 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.

Independent Contractor

HE 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 HE shall accrue leave, pension, insurance, or any other benefit provided to employees of Owner.

Nothing in this agreement shall be construed to create any partnership, joint venture, or other association between Owner and HE. 

It is expressly agreed and understood that this is a nonpersonal services contract under which professional services rendered by HE are rendered as an independent contractor. 

Severability

If any covenant, term, condition, or provision in this agreement is interpreted to be invalid, illegal, or unenforceable in any respect, such covenant, term, condition, or provision shall be severed or modified to the extent necessary to make it enforceable. The contract as revised shall remain in full force and effect. Invalidity of any covenant, term, condition, or provision in this agreement shall not affect the validity of any other covenant, term, condition, or provision in this agreement.

Cumulative Remedies

All rights and remedies provided to HE by the Contract Documents are cumulative and in addition to and not in limitation of rights and remedies available to HE at Law or in equity.

Materials and Substitutions

All materials and equipment used on the As noted in "Proposal" or "Estimate" shall comply with Specifications in the Contract Documents unless a substitution is approved in advance of Installation by Owner. HE shall apply to Owner for approval of a substitute material when: (1) Any item specified is found to be unusable or unavailable when needed for Installation, or (2) The item specified is considered inferior to an equivalent item which is readily available at a Similar cost. With the application, HE shall include documentation: (1) Demonstrating that essential features of the substitute item are equal to or exceed similar features of the item specified, and (2) Listing delivered prices for the substitute item based on Material Supplier quotations. Owner may deny any application for substitution if not in the best interest of Owner. If approved, any savings in cost that result from the substitution will be credited to Owner. No request for substitution of material shall constitute grounds for extension of the Contract Time. Proposed substitutions shall not be purchased or installed without approval of the substitution by Owner.

Inspections

HE shall schedule and coordinate all Inspections required by the Contract Documents and by public authority so as not to delay the progress of the Work or the Work of Owner or Separate Contractors. If the Contract Documents require that an Inspection be witnessed or attended by Owner, HE shall give advance notice of the time and place of the Inspection. HE shall schedule Inspections during regular Work Days and normal business hours, unless mutually agreed by HE, Owner, and Inspector.

Without written authorization of Owner, HE shall not be bound to follow any instruction issued by an Inspector which HE considers a change in the Contract Documents. 

The cost of extra Inspections not required by the Contract Documents and not required by public authority shall be paid for by Owner unless an Inspection reveals Work not in compliance with the Contract Documents. If an extra Inspection reveals Work of HE not in compliance with the Contract Documents, HE shall bear the costs of correction, repeating the Inspection, and any related costs.

Performance Testing

Nothing in the Contract Documents shall be interpreted as preventing HE from performing tests voluntarily on any material or assembly so long as Owner is not charged for the cost of such test or required to rely on the results of such voluntary test. 

Provisions of the Specifications on testing and Inspections shall take precedence over any inconsistent provisions of this contract.

Except as provided otherwise by the Contract Documents, Owner shall pay for all laboratory tests required for the As noted in "Proposal" or "Estimate". HE shall pay for laboratory tests used to establish concrete mix design, and for any second and subsequent tests necessary after workmanship or materials have failed an initial test. 

Subcontracted Work

If Owner rejects any proposed Subcontractor or vendor, HE shall promptly propose another for approval by Owner. On approval of the successor, the Contract Price and Contract Time shall be adjusted in proportion to the difference between proposals of the rejected and the approved successor Subcontractor or vendor.

Extension of the Time for Completion

Owner shall execute a Change Order for Excusable Delay by extending the Contract Time for the period of the delay. Any of 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.   

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 HE, or any Subcontractor or Material Supplier of HE, Owner will grant an extension of the Contract Time if: (1) HE notifies Owner promptly on discovery of the anticipated shortage, (2) HE substantiates the delay as unavoidable with a detailed chronology of events and all relevant correspondence, and (3) HE provides a firm date when the material, equipment or labor will be available. 

Extensions of the Contract Time due to delay shall be granted on the basis of 1.3 calendar days for every day HE would have worked but was unable to Work due to Excusable Delay. Extensions shall be rounded up to the nearest whole calendar day.

Any Change Order granted for Excusable Delay shall have no effect on a Claim by HE for damage from the same delay for interruption, hindrance, or disruption.

Any wrongful refusal by Owner to grant an extension of the Contract Time shall entitle HE to recover the additional costs due to acceleration so long as HE: (1) Actually did accelerate the Work, and (2) Gave notice to Owner of intent to Claim costs for acceleration. Valid acceleration costs may include: (1) Overtime and premium time Work, (2) Expedited delivery of materials and services, (3) Reduced productivity resulting from longer shifts and the stacking of trades, (4) Disruption and inefficiency due to the change in schedule, and (5) Any necessary additional Supervision and management resources.

Owner shall reimburse HE for overhead expense for HE and Subcontractors for the period of Excusable Delay so long as HE and Subcontractors are not responsible for the delay. Overhead expense includes: (1) Direct overhead (such as temporary utilities, temporary facilities, field office staff, and equipment), and (2) Indirect overhead (the proportionate share of home office expense, general management, technical services, estimating, selling, accounting, bookkeeping, business licenses and taxes, professional, and clerical fees).

Contractor Claims for Delay

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 HE, (3) A decision of Owner to suspend the Work, unless the decision is the result of an error or omission by HE, (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 HE, or (7) Failure of Owner to make payments when due under the terms of this agreement.

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 HE to an increase in the Contract Price for higher costs of performance.

Within 3 Working Days after receipt of a notice of Claim for compensation for suspension, delay, or interruption, Owner shall: (1) Respond with a resolution, remedy, or direction to alleviate the delay, (2) Respond with a notice rejecting the Claim for delay, or (3) Respond with a draft Change Order accepting the Claim for delay. If the issue is not then resolved, HE may request a Change Order.

Compensation to HE 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 HE 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. 

Consequential Damages

HE 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.

Nothing in this contract shall deny or limit Claims for consequential damages that result from fraud, bad faith, or active interference with obligations that arise under this agreement.

Right to Stop Work for Non-Payment

After giving reasonable notice, HE 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 HE as provided in this agreement. Once the Work is suspended, HE may keep the As noted in "Proposal" or "Estimate" idle until all payments due have been received by HE. 

Neither HE, nor Surety of HE, nor any Subcontractor of HE 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 HE in compliance with the terms of this contract and with applicable Law, and (2) There is no good faith dispute that payment is due HE 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) HE is afforded a reasonable opportunity to correct the Defects cited or issue a credit compensating Owner for Defects that cannot be cured promptly.

Suspension of the Work for failure of Owner to make payments when due under the terms of this contract shall be construed as compensable delay for which the Contract Price and Contract Time shall be adjusted as provided in this agreement, so long as: (1) Work was suspended by HE in compliance with the terms of this contract and with applicable Law, and (2) There is no good faith dispute that payment is due HE 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) HE is afforded a reasonable opportunity to correct the Defects cited or issue a credit compensating Owner for Defects that cannot be cured promptly.

Termination of Contract by Contractor

If Work is suspended for a period totaling 60 calendar days or more in aggregate for any reason (1) not related to weather, and (2) beyond control of HE or those responsible to HE, then HE may, upon 5 calendar days written notice, terminate all obligations under this agreement and collect compensation as provided for in this contract for termination by HE. 

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 HE within 30 calendar days of the date due, or (3) Be in substantial breach of any financial commitment undertaken in this contract, then HE may request from Owner documentation confirming the ability of Owner to pay in full for completion of the As noted in "Proposal" or "Estimate". 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, HE may terminate this agreement and collect compensation as may be provided in this contract or, if not so provided, as allowed by Law.

HE 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 HE, or (3) Persistent failure of Owner to meet contract obligations essential for progress of the Work.

On termination of this contract by HE, Owner shall pay HE the Contract Price, less the cost of finishing the As noted in "Proposal" or "Estimate" in compliance with the Contract Documents.

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

Termination by Owner for Cause

In the absence of a material breach, this contract shall not be terminated for cause unless HE and any Surety of HE has first received a written notice from Owner: (1) Alleging that cause exists to terminate the contract, (2) Stating that Owner intends to terminate the contract if corrective measures are not taken within 5 calendar days, and (3) Listing every alleged fault giving Owner the right to terminate the contract for cause. 

Owner may terminate this contract by written notice of default 5 calendar days after receipt of the intent to terminate, if HE has either: (1) Failed to initiate and diligently prosecute corrective measures for the causes listed in the intent to terminate, or (2) Failed to provide adequate written assurance that Work will be completed on a reasonable schedule, for the Contract Price, and in compliance with the Contract Documents.

After termination of this contract for cause by Owner, HE shall not be liable for any cost of completion beyond the Contract Price if termination of the contract for cause was beyond the control and without the fault or negligence of HE.

If any termination for cause, made in good faith by Owner, is determined to have been wrongly given, the termination shall be effective as though made at the convenience of Owner, and compensation will be paid as though termination had been at the convenience of Owner.

Early Partial Occupancy

Owner shall have the right to take possession or use of any completed or partially completed portion of the Work. 

Nothing in this contract shall prevent Owner from storing furnishings and equipment on-site before Substantial Completion, so long as: (1) HE has given prior consent, such consent not being unreasonably withheld, (2) Storage is in a portion of the Work designated by HE and will not unreasonably disrupt or interfere with completion of the Work, (3) Owner provides proof of insurance coverage for the furnishings and equipment to be stored, (4) HE is reimbursed for any additional liability for insurance coverage due to the storage, (5) Owner waives all Claims against HE for loss of or damage to the furnishings and equipment stored, (6) Owner and HE inspect the area designated for storage before arrival of furnishings and equipment, noting condition of the premises, and (7) Owner agrees to either compensate HE or waive any Claim for any damage that occurs to the designated area during delivery or storage of the furnishings and equipment.

Substantial Completion

When, in the opinion of HE, the Work is Substantially Complete, HE shall request acknowledgment of Substantial Completion by Owner. If Owner knows of nothing that prevents the Work from being Substantially Complete, Owner shall conduct an Inspection of the Work to evaluate compliance with the Contract Documents.

Occupancy and exclusive use of all or any portion of the Work by Owner shall constitute acknowledgment of Substantial Completion by Owner and shall: (1) Transfer to Owner responsibility for maintenance, safety, utility expense, and controlling access at the Job Site, and (2) Begin running of any warranty or call-back period on the As noted in "Proposal" or "Estimate". 

Any acknowledgment of Substantial Completion may be annotated to indicate that it is not applicable to specified portions of the Work.

The Punch List given to HE is a complete and final list of Defective or incomplete Work on the As noted in "Proposal" or "Estimate". Owner shall be deemed to have accepted Work not on the Punch List. Nothing in this paragraph shall be interpreted as relieving HE of the obligation to meet warranty and call-back obligations.

HE shall annotate the Punch List with: (1) A detailed breakdown of the Work required to complete or correct each item, (2) The Subcontractor or trade responsible for the Work, and (3) The dates Work will commence and be finished on each item. No annotation is required for any item on the Punch List which is beyond the control of HE. Failure of HE to furnish a detailed completion schedule for items on the Punch List shall constitute grounds for withdrawing acknowledgment of Substantial Completion.

Owner and HE will sign an acknowledgment of Substantial Completion when the As noted in "Proposal" or "Estimate" or a specific portion of the As noted in "Proposal" or "Estimate" is ready for occupancy or use. Except as otherwise provided in the Contract Documents, the acknowledgment of Substantial Completion shall: (1) Transfer to Owner responsibility for maintenance, safety, utility expense, controlling access at the site, and (2) Begin running of any warranty or call-back period on the As noted in "Proposal" or "Estimate". 

Except as otherwise provided in this contract, the obligation of HE to maintain public liability, property damage and builder's risk insurance on the As noted in "Proposal" or "Estimate" shall terminate at Substantial Completion.

Upon Substantial Completion of the As noted in "Proposal" or "Estimate", HE shall promptly remove from the Job Site all barricades, construction tools, equipment and supplies, and all temporary structures used during construction. 

Equipment and systems which service any portion of the As noted in "Proposal" or "Estimate" acknowledged as Substantially Complete shall be considered fully operational and Substantially Complete, even if the same equipment or systems serve portions of the As noted in "Proposal" or "Estimate" not acknowledged as Substantially Complete.

Delivery of Notices

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.

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.

Any written notice required by this contract can be delivered by facsimile (fax) to the fax number listed in this contract. Notice sent by fax shall be effective on the date at which a machine-generated confirmation states the fax was received.

Any written notice required by this contract can be delivered by e-mail to the address listed in this contract with a read receipt requested. Notice sent by e-mail shall be effective on delivery of the read receipt.

The address to which notices shall be sent may be changed by sending a written notice using any means of delivery provided by this contract.

Signatures

The signatures that follow constitute confirmation by those signing that they have examined and understand the Contract Documents and agree to be bound by the terms of these documents.

This contract is for immediate acceptance. Any delay in acceptance beyond  will require renegotiation of the terms of this agreement.

Within 60 days of the "Proposal" or "Estmate"

This agreement is entered into as of the date written below.

Owner

_____________________________| ____________                                  

 (Signature)                                              (Date)
                                      

______________________________ 

                 (Printed Name)   

Robert Pullan dba Heights Enterprises, Contractor

_____________________________| ____________                                  

 (Signature)                                              (Date)

 Robert Pullan 

Insulation Disclosure (In Compliance with 16 CFR Section 460)

HE makes the following disclosures in compliance with 16 Code of Federal Regulation Section 460. The As noted in "Proposal" or "Estimate" includes installation of the following thermal insulation: 

          Exterior wall insulation

Material type: 

Thickness of insulation: 

R-value of that thickness: 

Approximate coverage area in square feet: 

          Other exterior wall insulation

Material type: 

Thickness of insulation: 

R-value of that thickness: 

Approximate coverage area in square feet: 

          Floor insulation

Material type: 

Thickness of insulation: 

R-value of that thickness: 

Approximate coverage area in square feet: 

          Ceiling insulation other than loose fill

Material type: 

Thickness of insulation: 

R-value of that thickness: 

Approximate coverage area in square feet: 

Coverage area includes framing members but not doors, windows or other large openings in the exterior frame. R-values may be less where building components limit placement of insulation. For example, it may not be possible to place insulation at building corners, at fireplaces and around the perimeter of doors and windows. Listed R-values are based on information supplied by the insulation manufacturer. HE may have to substitute other materials but will maintain the R-values described here. 

NOTICE OF RIGHT TO CANCEL UNDER REGULATION Z

To: Owner

Re: Your right to cancel As noted in "Proposal" or "Estimate"

You are entering into a transaction that will result in a security interest being placed on your home. You have a legal right under federal law to cancel this transaction, without cost, within three business days from whichever of the following events occurs last:

(1) The date of the transaction, which is _________________________________, or

(2) The date you receive your Truth in Lending disclosures, or

(3) The date you receive this notice of your right to cancel.

If you cancel this transaction, the security interest is also cancelled. Within 20 calendar days after we receive your notice, we must take the steps necessary to reflect the fact that the security interest on your home has been cancelled, and we must return to you any money or property you have given us or to anyone else in connection with this transaction.

You may keep any money or property we have given you until we have done the things mentioned above, but you must then offer to return the money or property. If it is impractical or unfair for you to return the property, you must offer its reasonable value. You may offer to return the property at your home or at the location of the property. Money must be returned to the address below. If we do not take possession of the money or property within 20 calendar days of your offer, you may keep it without further obligation.

How to cancel:

If you decide to cancel this transaction, you may do so by notifying us in writing at:

Robert Pullan dba Heights Enterprises

2617 Euclid Heights Blvd

Suite 9

Cleveland Heights, Ohio 44106

216.224.8127 

You may use any written statement that is signed and dated by you and states your intention to cancel, or you may use this notice by dating and signing below. Keep one copy of this notice because it contains important information about your rights.

If you cancel by mail or telegram, you must send the notice no later than midnight of _______________________ (midnight of the third business day following the latest of the three events listed above). If you send or deliver your written notice to cancel some other way, it must be delivered to the above address no later than that time.

I WISH TO CANCEL.

______________________________               ________________                                  

                      Signature                                                  Date

See the next page for important information about what happens if this agreement is cancelled.

Notice Required by 12 Code of Federal Regulation Section 226.15(d), Effects of Rescission

(1) When a consumer rescinds a transaction, the security interest giving rise to the right of rescission becomes void, and the consumer shall not be liable for any amount, including any finance charge.

(2) Within 20 calendar days after receipt of a notice of rescission, the creditor shall return any money or property that has been given to anyone in connection with the transaction and shall take any action necessary to reflect the termination of the security interest.

(3) If the creditor has delivered any money or property, the consumer may retain possession until the creditor has met its obligation under paragraph (d)(2) of this section. When the creditor has complied with that paragraph, the consumer shall tender the money or property to the creditor or, where the latter would be impracticable or inequitable, tender its reasonable value. At the consumer's option, tender of property may be made at the location of the property or at the consumer's residence. Tender of money must be made at the creditor's designated place of business. If the creditor does not take possession of the money or property within 20 calendar days after the consumer's tender, the consumer may keep it without further obligation.


NOTICE OF RIGHT TO CANCEL UNDER REGULATION Z

To: Owner

Re: Your right to cancel As noted in "Proposal" or "Estimate"

You are entering into a transaction that will result in a security interest being placed on your home. You have a legal right under federal law to cancel this transaction, without cost, within three business days from whichever of the following events occurs last:

(1) The date of the transaction, which is _________________________________, or

(2) The date you receive your Truth in Lending disclosures, or

(3) The date you receive this notice of your right to cancel.

If you cancel this transaction, the security interest is also cancelled. Within 20 calendar days after we receive your notice, we must take the steps necessary to reflect the fact that the security interest on your home has been cancelled, and we must return to you any money or property you have given us or to anyone else in connection with this transaction.

You may keep any money or property we have given you until we have done the things mentioned above, but you must then offer to return the money or property. If it is impractical or unfair for you to return the property, you must offer its reasonable value. You may offer to return the property at your home or at the location of the property. Money must be returned to the address below. If we do not take possession of the money or property within 20 calendar days of your offer, you may keep it without further obligation.

How to cancel:

If you decide to cancel this transaction, you may do so by notifying us in writing at:

Robert Pullan dba Heights Enterprises

2617 Euclid Heights Blvd

Suite 9

Cleveland Heights, Ohio 44106

216.224.8127 

You may use any written statement that is signed and dated by you and states your intention to cancel, or you may use this notice by dating and signing below. Keep one copy of this notice because it contains important information about your rights.

If you cancel by mail or telegram, you must send the notice no later than midnight of _______________________ (midnight of the third business day following the latest of the three events listed above). If you send or deliver your written notice to cancel some other way, it must be delivered to the above address no later than that time.

I WISH TO CANCEL.

______________________________               ________________                                  

                      Signature                                                  Date

See the next page for important information about what happens if this agreement is cancelled.

Notice Required by 12 Code of Federal Regulation Section 226.15(d), Effects of Rescission

(1) When a consumer rescinds a transaction, the security interest giving rise to the right of rescission becomes void, and the consumer shall not be liable for any amount, including any finance charge.

(2) Within 20 calendar days after receipt of a notice of rescission, the creditor shall return any money or property that has been given to anyone in connection with the transaction and shall take any action necessary to reflect the termination of the security interest.

(3) If the creditor has delivered any money or property, the consumer may retain possession until the creditor has met its obligation under paragraph (d)(2) of this section. When the creditor has complied with that paragraph, the consumer shall tender the money or property to the creditor or, where the latter would be impracticable or inequitable, tender its reasonable value. At the consumer's option, tender of property may be made at the location of the property or at the consumer's residence. Tender of money must be made at the creditor's designated place of business. If the creditor does not take possession of the money or property within 20 calendar days after the consumer's tender, the consumer may keep it without further obligation.

NOTICE OF CANCELLATION

You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation for an explanation of this right.

(Date of contract) ________________________________

You may cancel this transaction, without any penalty or obligation, within three business days from the above date. 

If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within ten business days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be cancelled. If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you may if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller's expense and risk. 

If you do make the goods available to the seller and the seller does not pick them up within twenty days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract. 

To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram, to:

Robert Pullan dba Heights Enterprises

2617 Euclid Heights Blvd

Suite 9

Cleveland Heights, Ohio 44106

not later than midnight of 

(Date) ______________________________________

I hereby cancel this transaction. 

______________________________               ________________                                  

                    (Signature)                                                (Date)

NOTICE OF CANCELLATION

You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation for an explanation of this right.

(Date of contract) ________________________________

You may cancel this transaction, without any penalty or obligation, within three business days from the above date. 

If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within ten business days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be cancelled. If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you may if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller's expense and risk. 

If you do make the goods available to the seller and the seller does not pick them up within twenty days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract. 

To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram, to:

Robert Pullan dba Heights Enterprises

2617 Euclid Heights Blvd

Suite 9

Cleveland Heights, Ohio 44106

not later than midnight of 

(Date) ______________________________________

I hereby cancel this transaction. 

______________________________               ________________                                  

                    (Signature)                                                (Date)




Glossary of Terms

Bid means the proposal of a construction contractor offering to do certain work at the price stated.

Bond means the security offered by a licensed surety company which may be used to satisfy a claim of failure to perform obligations undertaken in this Agreement.

Change Order is a written modification of the Contract Price (including all claims for direct, indirect and consequential damages and costs of delay), Time for Completion, and Scope of Work under this Agreement. A Change Order, once signed by all parties, is incorporated into and becomes a part of the Contract Documents.

Claim means a demand or assertion by one of the parties to this Agreement seeking, as a matter of right, modification, adjustment or interpretation of contract terms, payment of money, extension of time or other relief.

Code Requirements means all laws, statutes, regulations, building codes, ordinances, rules, and lawful orders of all public authorities having jurisdiction over Owner, Contractor, any Subcontractor, the Project, the Job Site, the Work, or the prosecution of the Work.

Contract Completion Date means the day by which the Work must be substantially complete.

Contract Date is the day on which the contract becomes binding between Contractor and Owner.

Contract Documents are this Agreement and all documents incorporated by reference into this Agreement.

Contract Price is the amount which will become due in exchange for work performed under this Agreement. Contract Price includes allowances for purchased materials and equipment and may be modified by a Change Order or contract modification. The Contract Price may be paid in one or more installments, including an Initial Payment at or before the start of work, Progress Payments as work is completed, and a Final Payment on final acceptance of the work. Payment Period is the time elapsed between applications for progress payments or prior to the first application for progress payment.

Contract Time means the period between Date of Commencement and the date of Substantial Completion.

Contractor's Representative is the individual designated by Contractor to receive all communications under the Contract Documents and with the authority to bind the Contractor with respect to decisions made and actions taken pursuant to the Contract Documents.

Defective Work means construction done under this Agreement that is unsatisfactory, faulty, omitted, incomplete, deficient, or does not conform to the requirements of the Contract Documents, directives of Owner's Representative, or the requirements of an inspection, reference standard, test, or approval specified in the Contract Documents.

Design Professional means the person, organization or authorized representative who is responsible to the Owner for design of the Project through preparation of Drawings and Specifications. The term Design Professional may refer to an architect, designer, engineer or landscape architect.

Drawings (also called plans or prints) are scale representations of the shape, location, character and dimensions of Work to be completed under this contract. Drawings include plan views, elevation views, transverse and longitudinal sections, large and small scale sections and details, isometrics, diagrams, schedules, tables, data and pictures which depict the completed Project. A group of drawings adequate to complete construction of the Project may be referred to as a plan set. Drawings can be either paper or electronic media.

Emergency means an unforeseen event, combination of circumstances, or a resulting state that poses imminent danger to health, life or property.

Excusable Delay means any circumstance which postpones completion of the Work and for which Contractor is entitled to an adjustment of the Contract Time but not an adjustment to the Contract Price. Contrast Inexcusable Delay which entitles Contractor to neither an adjustment of the Contract Price nor an adjustment in the Contract Time.

Extra Work means any change, interpretation, clarification or correction in the Contract Documents or in applicable law, ordinance or regulation which would increase or decrease the quantity of work, delay, suspend or interfere with the work, require an addition to or omission from the work, change the character, quality or nature of any part of the work or material used in the work, change levels, lines, positions or dimensions of any part of the work, require demolition or removal of any work completed under this Agreement, extend or amend the normal work day, alter the construction schedule or require completion of any part of the work at a time other than provided by this Contract when originally made.

Final Completion is the date of Owner's acceptance of the Work as fully performed according to the Contract Documents.

Furnish means to supply and deliver to the job site.

Hazardous Materials means radioactive materials, asbestos, polychlorinated biphenyls, petroleum, crude oil, chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants, and toxic substances which are restricted, prohibited, or regulated by any agency of government in the manufacture, use, maintenance, storage, ownership or handling.

Indemnification is financial compensation intended to restore someone to their condition before a loss or damage.

Inspection is any review of the Project, including a visual review of the Work completed to ascertain compliance with Contract Documents, building codes and construction standards.

Inspector is anyone authorized by government or the Design Professional to conduct inspections of contract performance and materials supplied for the Work.

Install means to secure in position in compliance with the Contract Documents and includes unloading materials, supplying all necessary equipment and rigs to do the work and performing functional tests which demonstrate fitness for the intended purpose.

Job Site is the address or location of the Project.

Law means federal or state statutes, municipal ordinances, building codes, regulations adopted pursuant to statute, executive orders, official interpretations, and other rules and directives issued by government.

Material Supplier means any manufacturer, fabricator, distributor, materialman or vendor who provides material for the Project but does not provide on-site labor.

Owner's Representative means the person or firm authorized to act and make administrative decisions on behalf of the Owner during construction. Any notice required to be delivered to the Owner may be delivered to the Owner's Representative. The scope of authority of the Owner's Representative is defined in this contract. Contractor cannot rely on any decision or instruction by Owner's Representative that is beyond the representative's defined scope of his authority. Nothing in this contract prevents Owner from issuing a notice or instructions directly to the Contractor. The Owner may change the Owner's Representative from time to time and may, in the event that Owner's Representative is absent, disabled or otherwise temporarily unavailable, appoint an interim Owner's Representative.

Party (to this contract) means a person or business organization which has an obligation to perform under the terms of this contract.

Plans (also called drawings or prints) are scale representations of the shape, location, character and dimensions of Work to be completed under this contract. Plans include plan views, elevation views, transverse and longitudinal sections, large and small scale sections and details, isometrics, diagrams, schedules, tables, data and pictures which depict the completed project. A group of plans adequate to complete construction of the Project may be referred to as a plan set. Plans can be either paper or electronic media.

Project means Work to be completed in accord with the Contract Documents. Work at the Job Site may include other projects to be completed by the Owner or other contractors working under other agreements.

Provide means furnish and install and includes connecting, testing, and placing in service for the intended use.

Punch List is a comprehensive list of incomplete, defective or incorrect Work yet to be completed or which does not comply with Contract Documents. A Punch List may be prepared by the Contractor, Subcontractor, Design Professional or Owner. An initial Punch List will be prepared before application for Substantial Completion. A Close-out Punch List will be prepared before Final Completion.

Requirements means, in addition to obligations, responsibilities and limitations set out in the Contract Documents, the obligations, responsibilities and limitations imposed by law, rules, orders, ordinances, regulations, statutes, codes and executive orders of governmental authorities or fire rating bureaus.

Sample means a physical example of material, equipment or workmanship intended to be representative of some portion of the Work. When approved, samples establish standards for completion of similar work on the Project.

Scope of Work means the Work as defined by the Contract Documents.

Separate Contractor means a person or firm working under a different contract but on the same site and at the same time as work will be done under this contract.

Shop Drawings are diagrams, illustrations, pictures, schedules, performance charts, layouts, schematics, descriptive literature, schedules, performance and test data, and other data which are prepared by the Contractor or a Subcontractor, manufacturer, supplier or distributor, and which illustrate or describe some portion of the Work to be completed in compliance with the Contract Documents. Once submitted to the approval authority and approved, Shop Drawings establish standards for completion of work on Project.

Similar means having a like kind, quality and characteristics. Similar is not to be construed as meaning identical or by the same manufacturer.

Specifications (also called specs) are the part of the Contract Documents which provide descriptions of materials, equipment, construction systems, technique and workmanship to be used on the Project. Specifications are both instructions to be followed by the Contractor and Subcontractors and a reference for the Building Official to evaluate code compliance.

Subcontract is a written agreement between a specialty contractor and General Contractor. Terms of the subcontract require the specialty contractor to complete some portion of the work General Contractor is obligated to perform under another agreement, usually with the Owner.

Subcontractor is any person or business entity under contract to a general contractor to perform some portion of the work general contractor is obligated to complete under a contract with the Owner. Subcontractor is an independent contractor performing services for another contractor rather than for the Owner. A person or organization providing supplies or materials for the As noted in "Proposal" or "Estimate" but no job site labor is not a Subcontractor.

Substantial Completion means the Project or a designated portion of the Project is nearly in compliance with the Contract Documents and is sufficiently complete to be considered fully operational in all its components and is fit for the intended use. Substantial Completion is reached when a limited number of non-conforming or defective items on a Punch List remain to be completed. Normally, a Project or portion of a Project cannot be considered Substantially Complete until (1) all utilities and services are connected and working, (2) all equipment is installed and in acceptable working condition, (3) additional activity by the Contractor to correct items on the Punch List will not prevent or disrupt use of the facility, and, (4) a certificate of occupancy has been issued by the appropriate authority.

Surety means any qualified individual, firm or corporation other than the Contractor, which executes a bond to insure its acceptable performance of the contract.

Work means all labor, material, equipment, tools, transportation, permanent and temporary utilities, connections, provisions for safety and management services required to complete the Project in compliance with the Contract Documents. Work may constitute the whole or a part of the Project. Work is to be performed in a safe, expeditious, orderly and professional manner in keeping with current standards of the industry. Work includes everything that is or should be evident to a skilled construction professional after careful examination of the Contract Documents and the Job Site.

Work Day means any day, excluding Saturdays, Sundays and state-recognized holidays, shown on the calendar beginning at midnight and ending at midnight the following day.