Terms & Conditions
Any and all transactions between Odanah Construction and its clients are subject to these terms and conditions
1. CONTRACT WORK. We will provide all labor, materials, and equipment necessary to do the work described in this AGREEMENT and as stated in the PLANS and SPECIFICATIONS if applicable. Should any conflict occur between the PLANS, SPECIFICATIONS, or other documents and this AGREEMENT, this AGREEMENT will be followed. We are not responsible for corrections in the work resulting from errors and omissions in PLANS and SPECIFICATIONS provided by you, architects, or others. You are responsible, unless you and we agree otherwise in writing, to remove all obstructions, equipment, etc., and correct any unforeseen conditions or defects, that are necessary for us to do our work. You will provide us access to the premises at all times requested by us to perform our work. Except as otherwise modified in this AGREEMENT, we are responsible for any damage due to our negligence in doing the work. You are responsible for any damage caused by you, acts of God, or others not under our control. We will advise you of any electrical service we require to perform the work. You are responsible for providing and paying for the electrical service. We are not responsible for any delays due to interruption of utility service to the site. We will begin the work as stated on the front of this AGREEMENT. However, you must first obtain the necessary insurance, permits, and prepare and identify the site before we begin the work. We will work through to completion, and to complete the work as stated on the front of this AGREEMENT, subject to delays permitted under this AGREEMENT. We are responsible for clean-up after our work and will leave the site in broom clean condition. When we finish any segment of the work, you have the right to tell us in writing of any defects you find. If you withhold any payment until that work is corrected, that amount cannot exceed 10% of the payment due. When we correct the defective work, you must pay us all amounts due. If we are delayed in completing the work due to any of the following reasons: (a) strikes, (b) unavailability of material; (c) acts of God; (d) stormy or inclement weather; (e) your actions; (f) extra work request by you resulting from Change Orders; (g) your failure to pay us according to the payment schedule; or (h) acts by others or circumstances which are beyond our control; that time will be added to the time for completion stated on the front of this AGREEMENT. We will provide you with a written statement describing any delays we are experiencing. Where materials are to be matched, we will make every reasonable effort to do so, but do not guarantee a perfect match. If you want to change any of the work we are to do, you must request that change from us in writing. If the change is acceptable to us, you and we will sign a Change Order form describing the change. The Change Order will become a part of this AGREEMENT. You also agree to pay us for any changes required by the Public Authorities, or necessary for us to do the work according to the local building code, upon completion of the Change Order work. At completion, you agree to pay us according to the payment schedule. You agree to pay us interest at the rate of one percent (1%) per month for all outstanding sums due and owing to us which we do not receive from you within ten (10) days of the due date.
2. LIMITED LABOR WARRANTY/DISCLAIMER OF WARRANTY/ LIMITATION OF DAMAGES/LIMITATION OF ACTIONS. FOR A PERIOD OF ONE (1) YEAR FOLLOWING THE SUBSTANTIAL COMPLETION OF OUR INITIAL WORK, WE AGREE TO REPAIR ANY INSTALLATION DEFECTS TO OUR WORK AT NO LABOR CHARGE SO LONG AS THE DEFECT WAS CAUSED SOLELY BY OUR ACTS OR OMISSIONS AND NOT YOUR OR ANY OTHER PERSON’S ACTS OR OMISSIONS. WE ARE NOT THE MANUFACTURER OF THE PRODUCTS USED AND THEREFORE WE DO NOT PROVIDE YOU ANY PRODUCT WARRANTIES. RATHER, TO THE EXTENT PERMITTED, ANY MANUFACTURER WARRANTIES ARE HEREBY ASSIGNED TO YOU. THE WARRANTIES SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ANY OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR COSTS. FOR ANY TORT, NEGLIGENCE, CONTRACT OR OTHER CLAIM FOR WHICH WE ARE FOUND LIABLE, THE MAXIMUM AMOUNT OF COSTS OR DAMAGES FOR WHICH WE SHALL BE LIABLE SHALL NOT EXCEED THE PAYMENT WHICH WE RECEIVE FROM YOU PURSUANT TO THIS AGREEMENT. NO ACTION AGAINST US SHALL BE COMMENCED MORE THAN SIX (6) MONTHS AFTER THE CAUSE OF ACTION FOR SUCH CLAIM HAS ACCRUED. SOME STATES DO NOT ALLOW LIMITATIONS ON WARRANTIES OR DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE. TO MAKE A WARRANTY CLAIM, TELEPHONE US AT THE NUMBER LISTED AT THE BEGINNING OF THIS AGREEMENT AND SEND US A WRITTEN NOTICE VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED TO OUR ADDRESS LISTED AT THE BEGINNING OF THIS AGREEMENT DESCRIBING THE WARRANTY CLAIM. WE WILL THEN CONTACT YOU WITH OUR RESPONSE.
3. NOTICE REQUIREMENT. Michigan’s Construction Lien Act, P.A. 1980, No. 497 requires the following to be set forth: A RESIDENTIAL BUILDER OR A RESIDENTIAL MAINTENANCE AND ALTERATION CONTRACTOR IS REQUIRED TO BE LICENSED UNDER ARTICLE 24 OF ACT 299 OF THE PUBLIC ACTS OF 1980, AS AMENDED, BEING SECTIONS 339.2401 TO 339.2412 OF THE MICHIGAN COMPILED LAWS. AN ELECTRICIAN IS REQUIRED TO BE LICENSED UNDER ACT NO. 217 OF THE PUBLIC ACTS OF 1956, AS AMENDED, BEING SECTIONS 338.881 TO 338.892 OF THE MICHIGAN COMPILED LAWS. A PLUMBER IS REQUIRED TO BE LICENSED UNDER ACT NO. 266 OF THE PUBLIC ACTS OF 1929, AS AMENDED, BEING SECTIONS 338.901 TO 338.917 OF THE MICHIGAN COMPLIED LAWS. A MECHANICAL CONTRACTOR IS REQUIRED TO BE LICENSED UNDER THE FORBES MECHANICAL CONTRACTOR’S ACT, 1984 PA 192, MCL 338.971 TO 338.988. BUILDER IS REQUIRED TO BE LICENSED IN ORDER TO PROVIDE THE CONTRACTED IMPROVEMENT AND IS SO LICENSED. BUILDER’S LICENSE NUMBER IS IDENTIFIED ON PAGE ONE OF THIS AGREEMENT.
4. MISCELLANEOUS. Any controversy or claim arising out or relating to this AGREEMENT or the breach thereof, shall be solved by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, single arbitrator, currently in effect, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The interpretation and construction of this AGREEMENT, and all matters relating to this AGREEMENT, shall be governed by the laws of the State of Michigan. YOU FURTHER WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTION CONCERNING THIS AGREEMENT OR ITS RELATED SUBJECT MATTER. In the event you default under any provision of the AGREEMENT, you shall be liable to us for all of our attorney fees and costs through all arbitration and/or litigation and collection proceedings. This AGREEMENT, including the other documents referred to herein contains the entire understanding of the parties with respect to the subject matter contained herein and the other documents referred. This AGREEMENT supersedes all prior agreements and understandings between the parties with respect to the subject matter.
Effective Date: August 21, 2015 | Last Revised: August 24, 2018