1. Change Orders. Company is entitled to receive payment for any change in the work authorized by the Owner, plus a reasonable amount for overhead and profit, even if a written change order has not been executed. Any additional work requested by the Owner shall be documented via written change order and signed by both parties prior to commencement.
2. Material & Labor Escalation. Company has the right to receive additional compensation from the Owner in the event the cost of materials and/or labor increases more than five percent (5%) from the date of this Agreement.
3. Force Majeure. Company shall not be liable for any damage, failure, or delay in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, acts of terrorism, rain, fire, tornado, windstorm, hurricanes, or any perils normally covered under homeowners or business risk insurance, unless otherwise specified in writing prior to the start of work.
4. Right to Stop Work. Company has the right to stop work without prior notice if any payment required by this Agreement is not made by its due date. Company is not required to resume work until payment is received. Customer agrees to pay all reasonable attorney's fees and costs incurred by Company in enforcement of this Agreement, including any costs associated with preparing, serving, and filing a construction lien.
5. Additional Repairs. Replacement of any deteriorated decking, fascia boards, roof jacks, ventilators, flashing, or other materials not expressly stated in this Agreement are not included and will be charged on a time and material basis. Standard allowances, if any, are specified in the Scope of Work above.
6. Property Conditions. Company will not be responsible for scratching or denting of existing gutters, oil droplets in driveways, cracks in concrete driveways or walkways, or depression in asphalt or paver surfaces resulting from normal construction activity.
7. Pre-Existing Defects. Company is not responsible for pre-existing construction defects that may manifest during the construction process, including but not limited to wood rot, nail pops, settled rafters, deflection, or structural deficiencies. If such conditions are identified, Company will notify the Owner and provide a written estimate for corrective work on a time and material basis.
8. Interior Damage / Weather. Company is not responsible for any repairs below the roof-line due to leaks caused by snow, hail, or rain during the warranty period unless such leakage is directly attributable to a defect in Company's workmanship.
9. Restocking Fee. If materials must be restocked or reordered due to breach or cancellation of this Agreement by the Customer, a restocking fee of twenty percent (20%) of the total Agreement amount will apply.
10. Liquidated Damages. In the event Customer terminates or breaches this Agreement, Customer agrees to pay Company twenty-five percent (25%) of the Agreement amount as liquidated damages โ not as a penalty โ representing compensation for time, effort, and lost business opportunities that are difficult to calculate at the time of execution.
11. Interior Protection During Work. During the duration of the work, Customer's property insurance will be responsible for any interior damage, provided Company has taken appropriate action to protect the roof within a reasonable time during repairs.
12. Severability. If any provision of this Agreement is held invalid or unenforceable, the validity and enforceability of the remaining provisions shall not be affected.
13. Warranty. Company warrants its labor and workmanship for five (5) years from the date of final inspection approval. This warranty covers defects in installation only and does not cover damage caused by Acts of God, improper maintenance, or third-party modifications.