SPACES GENERAL CONTRACTING, LLC TERMS & CONDITIONS
For this document, ‘You’, the ‘homeowner’ or ‘legally authorized signer’ will be hereafter referred to as either ‘you’, ‘your’ or ‘Owner(s)’ and is defined as the person(s) or party receiving services. Spaces General Contracting will be referred to as the ‘contractor’ and is defined as the entity providing services for compensation.
By using Spaces General Contracting services you, the homeowner and or legally approved signer agree to the following terms and conditions.
- The scope of work for your project is as defined in the approved job estimate, quote or proposal and inclusive of any change orders on final invoice.
- This is referred to as the “Work” in this Agreement.
- The Work shall be done in accordance with applicable codes, regulations, manufacturer’s directions, and generally accepted industry practices. If a construction permit is required, Contractor shall obtain the permit and Owner shall pay the fees imposed by the government.
- In some instances, vendors and or subcontractors may be utilized on client projects. These parties are subject to our vetting and approval, and are required to carry valid license, insurance, and bond as defined by Washington state. For the purposes of this agreement these parties, when utilized, are considered extensions of Spaces General Contracting staff and should not be paid outside of this agreement unless otherwise negotiated and agreed upon in writing, as they may have an existing agreement with Spaces General Contracting to be paid out of previously collected job value.
- The Work shall be paid as agreed in the job proposal, via ACH, credit card or wire transfer. If a credit card is on file, this payment method will be the default and card on file will be charged immediately on project completion.
- Job costs are as described in the job proposal as accurately as possible. In the event of unexpected additional works, changes to scope or need of additional materials the following rates will be used to calculate the difference in both time and materials.
The rates/fees for work are as follows:
- Labor rate is $105 per hour with a 2-hour minimum, plus sales tax and materials
- All estimates and quotes are done virtually, but if a site visit or an additional site visit is required the fee is $150 for per site visit and is due before the scheduled visit. However, if you decide to proceed with the work, the first site visit fee accrued will be deducted from the final invoice once the project is completed.
- Any additional work not included in the estimate will be billed at a rate of $100 per hour plus sales tax and the cost of materials.
- Materials are marked up 20%. The materials markup is to cover purchasing the materials and drive time. You may provide your own materials, but please be advised if you purchase the wrong materials and a technician is on-site, the hourly rate still applies while the correct materials are purchased. Customers find it best that we purchase the required materials for the project to provide a stress-free experience and avoid the hassle of returning the wrong materials purchased.
Owners shall pay Contractor for as follows:
- 50% deposit of the total contract/job proposal value on projects whose total invoice value is equal to or less than $6000 paid no later than 5 days BEFORE the scheduled project start date. This deposit is intended to be applied to the final invoice and does not reduce Owner’s requirement to pay earlier or later invoices (if applicable.)
- Final 50% Due on completion of the scope of work outlined in the original approved job proposal.
- For projects whose total contract value exceeds $6000 and exceeds a project duration of 2 weeks, a formal written contract may be issued which discusses project milestones and payment structure.
- Costs may change and vary due to external factors outside of the contractor’s control. Including material shortages and material price fluctuations. If the material cost of materials fluctuates substantially, a change order may be issued and communicated.
- Change orders will be invoiced and billed as Due on Receipt.
- If the change order is not agreed upon, the client may elect to cancel remaining works if the client pays the balance due for the scope of work completed up until that time. This balance will be calculated and invoiced as Due on Receipt.
- Owner may withhold payment if Contractor fails to construct the Project in accordance with the scope and quality of work listed above, provided, however, that Contractor may suspend Work until such issue is resolved, at Contractor’s option.
- The Owner understands and acknowledges that it is assuming the risk of increases in the cost of performing the Work, and that any change in the scope, owner adjusted sequence or timing of the Work may result in increased costs to the Owner. Owner acknowledges that Contractor is making no promise or representation of the cost of the Work or any item of the Work, and that Owner is responsible for all charges incurred by Contractor, and that Contractor’s estimate does not set the Owner’s costs for the Work. The purpose of this Agreement is for the Owner to pay for the costs the Contractor incurs in performing the Work.
- If desired the owner may obtain a builder’s risk policy to cover the Work. If Owner fails to obtain such a policy, it assumes the risk of personal injury or property damage that would have been covered by a builder’s risk policy. Contractor has no responsibility for any loss that would have been covered by a builder’s risk policy.
- Contractor is required to keep in place its Commercial General Liability policy and its bond required by Washington Law. If Owner wishes any additional or separate insurance coverage, it shall notify the Contractor in writing and pay for the cost or increased cost of any premiums associated with such insurance. Contractor specifically does not have pollution coverage, and if Owner has any reason to believe asbestos, lead, silica petroleum products or other hazardous materials on the site, the Owner agrees to notify Contractor in writing and pay for the cost of obtaining pollution coverage.
- Contractor shall defend, indemnify, and hold harmless Owners from demands, actions and claims related to or arising from ongoing Project work. This includes but is not limited to all amounts paid to third parties in settlement or upon verdict; all expenses incurred in investigating, defending, negotiating, and resolving such claims; all attorney’s fees and costs paid before or during litigation and on appeal. This obligation shall extend beyond completion of work or termination of this Agreement. This obligation extends to claims for personal injury, property damage, liens and claims of third parties, and claims by any government agency. Contractor further waives its immunity under Title 51 RCW for injuries to its employees, but only in favor of Owners and not for the benefit of any other party. Both parties certify that this clause was mutually negotiated.
- Contractor warrants and guarantees that the work complies with the scope of work for a period of 2 years from the time of substantial completion. The Work shall be done with new materials and supplies unless requested otherwise by the Owner. Further, the Owners shall have full rights to any manufacturers or supplier’s warranties. Upon completion, Contractor hereby assigns all warranty rights for the materials and products installed. Warranty does not cover damage caused by misuse, negligence or other incidental damage caused by the owner or any 3rd party. OWNER’S WARRANTY IS LIMITED TO REPAIR OR REPLACEMENT OF THE DAMAGED WORK, UNLESS THE CONTRACTOR ELECTS OTHERWISE. THIS WARRANTY IS THE ONLY WARRANTY AND SUPERSEDES ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND OTHER WARRANTIES NOT EXPRESSED IN THIS PARAGRAPH.
- Contractor shall start work at the mutually available time selected by the client, any cancellation must be made no later than 24 hours or the deposit paid is withheld to cover loss incurred by contractor.
- Contractor shall comply with all safety laws and requirements and shall keep the jobsite clean and safe. If Contractor needs to limit access to certain areas, it shall mark those areas off clearly. Contractor shall supply all necessary safety equipment for the Project, including Personal Protective Equipment (“PPE”) to address the risk of pandemic transmission and other jobsite risks. Owner agrees to comply with all of the Contractor’s instructions and decisions about safety and shall not act in any way that creates an unsafe condition or a risk of harm to themselves or their family, invitees, and other 3rd parties.
- The Contractor is entitled to suspend the Work upon Owner’s failure to timely pay any invoice, but such suspension does not constitute a termination. The Contractor may choose at its discretion to terminate this Agreement if the Owner fails to make timely payment, violates Contractor’s safety measures or directions, fails to disclose hazardous materials on the site, or commits any other material breach.
- Contractor is responsible for proper handling of any hazardous materials required for the Work. Owner shall resolve, remove, and remediate any hazardous materials on the site before the Contractor starts the Work. If Owner violates this provision, the Contractor may, at its option, (a) suspend Work until the hazardous materials are fully remediated (b) terminate the Contract and be paid for all costs incurred to the date of Termination as well as all costs incurred in terminating the Agreement; or (c) by retaining a competent remediation contractor and invoicing the Owner for the cost thereof for payment in full.
- This Agreement represents the entire agreement of the parties. It may be changed only in writing signed by both parties. Contractor shall not assign this agreement and shall notify Owners of any subcontractors who will perform part of the work. All notices shall be sent to the parties at the addresses below, and email notice shall be sufficient. Washington law shall apply, with venue in King County. In the event of any dispute arising from or related to this Agreement, the prevailing party shall be entitled to recovery of reasonable attorney’s fees.
- Failure to Enforce. The failure of either party hereto at any time, or for any period of time, to enforce any of the provisions of this Agreement shall not be construed as a waiver of such provision(s) or of the right of such party thereafter to enforce each and every such provision.
- NOTICE TO CUSTOMER RCW 18.27.114 Licensing Information, Bond Information, Lien Rights.
- This contractor is registered with the state of Washington, registration no. SPACEGC792OH and has posted with the state a bond or deposit of $12,000 for the purpose of satisfying claims against the contractor for breach of contract including negligent or improper work in the conduct of the contractor’s business. The expiration date of this contractor’s registration is 09/10/2023.
- THIS BOND OR DEPOSIT MIGHT NOT BE SUFFICIENT TO COVER A CLAIM THAT MIGHT ARISE FROM THE WORK DONE UNDER YOUR CONTRACT.
- This bond or deposit is not for your exclusive use because it covers all work performed by this contractor. The bond or deposit is intended to pay valid claims up to $12,000 that you and other customers, suppliers, subcontractors, or taxing authorities may have.
- FOR GREATER PROTECTION YOU MAY WITHHOLD A PERCENTAGE OF YOUR CONTRACT.
- You may withhold a contractually defined percentage of your construction contract as retainage for a stated period to provide protection to you and help ensure that your project will be completed as required by your contract.
- YOUR PROPERTY MAY BE LIENED.
- If a supplier of materials used in your construction project or an employee or subcontractor of your contractor or subcontractors is not paid, your property may be subject to lien process to force payment, and you could pay twice for the same work.
- FOR ADDITIONAL PROTECTION, YOU MAY REQUEST THE CONTRACTOR TO PROVIDE YOU WITH ORIGINAL “LIEN RELEASE” DOCUMENTS FROM EACH SUPPLIER OR SUBCONTRACTOR ON YOUR PROJECT.
- The contractor is required to provide you with further information about lien release documents if you request it. General information is also available from the state Department of Labor and Industries.
- NOTICE UNDER RCW 64.50
- This Agreement is governed by a construction defect statute, RCW 64.50. That statute requires that, if the Owner wishes to claim any of the Work of this Agreement was done contrary to the Contract Documents, applicable standards, or otherwise defectively, the Owner/claimant “shall, no later than forty-five days before filing an action, serve written notice of claim on the construction professional. The notice of claim shall state that the Owner/Claimant asserts a construction defect claim against the construction professional and shall describe the claim in reasonable detail sufficient to determine the general nature of the defect.
By signing the job proposal, quote, estimate, change order or invoice or by paying the deposit or invoice, you certify that you are the owner of record of the property or a legally authorized agent or representative of the owner of record of the property and that the scope of work outlined or communicated in your proposal, quote, invoice, or change order is approved. Additionally, you agree to the entirety of the terms and conditions. Further, you agree that you have received and understand the notice(s) to customer regarding Licensing Information, Bond Information, Lien Rights, and RCW 64.50 included in this document.