TERMS AND CONDITIONS FOR FENCING

CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement, the Drawings, the Estimate, all Change Orders, and any addenda or amendments to the aforementioned documents issued prior to or after signing of this Agreement. These documents form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein.

SCOPE OF WORK. Contractor agrees to perform for the Owner certain alterations and improvements in and upon the Job Site of Owner, described above, in accordance with the following the Contract Documents.

CONTRACT PRICE. Owner shall pay Contractor, for performance of the work described, the Contract Price, payable in accordance with the Payment Schedule outlined above.

Contractor may stop performance of work and terminate this contract without penalty or liability to the Owner if Owner fails to pay the Contractor sum within Five (5) days after the date fixed for payment. Owner shall pay for all work that has been completed together within the Contractor’s reasonable profits and Owner agrees to pay any legal fees and other expenses incurred by Contractor in the collection of a balance due under this contract.

Owner agrees that once Work has been completed, payment is due immediately to Contractor for the entire unpaid balance of the Contract Price. Contractor may stop performance of work and terminate this contract without penalty or liability to the Owner if Owner fails to pay the Contractor agreed sum within Five (5) days after the date fixed for payment. Owner shall pay for all work that has been completed together within the Contractor’s reasonable profits and agrees to pay legal fees or other expenses incurred by Contractor in the collection of a balance due under this contract.

CONTRACT TIME. Work under this Agreement shall commence in accordance with the Contract Schedule outlined above and after the following contingencies have been met: (a) complete Plans and Specifications have been approved and initialed by both Owner and Contractor; (b) Owner has obtained financing acceptable to Contractor (if applicable); (c) Owner has obtained all architectural approvals from municipalities; and (d) all appropriate building permits, variances, and other approvals have been issued. Work under this Agreement will be substantially complete by the Completion Date listed above. Subject to additional time if there is any delays as specified in this Agreement.

The Contract Time shall be extended for a reasonable amount of time if any of the following occur: (a) delay of Start Date due to failure to complete any of the contingencies mentioned in the previous paragraph due to owner or through no fault of the contractor; (b) weather conditions prevent the Contractor from performing any part of this Agreement; (c) certain materials, suppliers, equipment, services, access, labor, and/or other work must be provided by the Owner before the Contractor can perform his duties and obligations under this Agreement; (d) another subcontractor of the Owner is required to complete or otherwise perform its contract with the Owner before the Contractor can continue performance of this agreement; (e) acts of God, or of the public enemy; (f) war; (g) labor strikes; (h) fire; (i) flood; (j) epidemics; (k) freight embargoes; (l) strikes; (m) quarantine restrictions; (n) unsafe conditions; (o) delays of other contractors or supplies arising from unforeseen causes beyond the control of and without fault or negligence of the Contractor; (p) change orders; and (q) any other cause, force, or otherwise that was unforeseen at the time of the execution of this Agreement. Any time there is a work stoppage due to the above and/or other causes beyond the control of the Contractor, additional time shall be allowed to mobilize equipment and labor forces in addition to the time caused by the delay.  

OWNER’S DUTIES, RIGHTS, AND RESPONSIBILITIES. The Owner’s duties, rights, and responsibilities are as follows:

Owner affirms that Owner has the right to enter into this Agreement and has the right to contract for construction of the Project 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 provide Contractor with instructions regarding location, size, materials, design, etc. of the Work, shall furnish all necessary surveys for the work.

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

Owner has reported to Contractor all conditions known to Owner which may not be apparent to Contractor and which might significantly increase cost of the work or delay completion. These concealed conditions include, but are not limited to, hazards on the Job Site, unsuitable soil conditions, prior defective work of others, latent defects in the Plans or Specifications, underground utilities or facilities, earlier attempts to do similar or related work, and obligations imposed by government. Owner shall mark, or pay to have marked, such concealed conditions. Owner has provided Contractor with information on subsurface or concealed conditions at the Job Site. Except to the extent that Contractor knows this information to be false, Contractor is entitled to rely on the accuracy of this information.

Upon completion of the Work provided herein, Owner is responsible to maintain the items installed by Contractor.

CONTRACTOR’S DUTIES, RIGHTS, AND RESPONSIBILITIES. The Contractor’s duties and rights in connection with the project are as follows:

All work shall be completed in a workmanship like manner.

Contractor shall furnish all materials, equipment, machinery, tools, services, and labor required for such work.

To the extent required by law, all work shall be performed by individuals duly licensed and authorized by law to perform said work.

Contractor shall comply with all laws and ordinances, and the rules, regulations, or orders of all public authorities relating to the performance of the work. If any of the contract documents are inconsistent with any of such requirements, the Contractor shall notify the Owner promptly on discovery of the inconsistency.

Contractor may, at its discretion, engage subcontractors to perform work hereunder, provided Contractor shall fully pay said subcontractors and in all instances remain responsible for the proper completion of this Contract.

Contractor agrees to keep the Job Site and adjoining ways free of waste material and rubbish caused by its work. Contractor further agrees to remove all waste material and rubbish on termination of the project, together with all its tools, equipment, machinery, and surplus materials. Contractor agrees, on terminating its work at the site, to conduct general cleanup operations. Contractor agrees to remove all debris and leave the premises in broom clean condition.

PERMITS AND LICENSES. Within a reasonable time after the Contractor receives a fully executed Contract from the Owner, the Owner or Contractor, whoever is designated to be the responsible party for obtaining Approvals (“Responsible Party”), shall make an application for a building permit before the Building Department of the municipality where the property is located. The Owner shall pay for the costs of the application and/or permit.

Under no circumstances will the Contractor be required or obligated to make any application for a permit, variance, bulk requirements, or any other relief before any Planning Board of Board of Adjustment. If the Building Department denies the Responsible Party's application for a building permit for the scope of work set forth in this Contract because the Owner must first apply to the Planning Board and/or Board of Adjustment for a variance, bulk requirements or some other relief, then it will be the Owners' sole and exclusive responsibility and obligation to make the requisite application before the Planning Board and/or Board of Adjustment and to perform any and all other requirements and/or conditions which may be required by the respective Planning Board and/or Board of Adjustment. Any and all costs associated with making an application before the Planning Board and/or Board of Adjustment shall be borne by the Owner.

Once the Owner has obtained approval from the Planning Board and/or Board of Adjustment, the Responsible Party will then make an application for a building permit before the Building Department, unless the building permit is also granted in the Owners' application before the Planning Board and/or Board of Adjustment. If the Planning Board and/or Board of Adjustment denies the Owner's application and no appeal is taken by the Owner, then this Contract shall terminate, all deposit proceeds, if any, shall be returned to the Owners' without interest. Under no circumstances will the Contractor be required or obligated to appeal any decision of any Planning Board, Board of Adjustment, or Court.

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 Contractor 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.

RIGHTS TO CURE. Owner may find items which the Owner believes needs service, adjustment, or repairs for which Owner shall provide a written list of said items (i.e. Owner’s notice) to the Contractor within three (a) three (3) days of the discovery of the need for service, adjustment or repair, if during the performance of the work; or (b) fifteen (15) days of the Certificate of Occupancy or Certificate of Completion or other governmental permit evidencing completion receipt, if after completion of the work.

Contractor will review such list with the Owner to identify which repairs and adjustments are the responsibility of the Contractor and which items are to be serviced by the Contractor within a reasonable time following the receipt of the Owner’s notice. After such review, the Contractor shall have thirty (30) days, subject to the provisions of the section entitled “Contract Time” above, to cure defects, deficiencies, or deterioration that the Owner has with the labor, work services, equipment, and/or materials provided by the Contractor.

Owner agrees to make ready access to the premises, to remove any obstruction installed or stored by Owner, at Owner's sole cost and expense, which in any way makes Contractor's responsibility more difficult or costly. In the event that the Contractor or its designees have scheduled in advance such repairs to be made within normal business hours and Owner denies ready access to the subject premises to Contractor or its designees, then, in that event, Contractor shall be relieved of its responsibility to make such specific repairs; provided, however, Contractor shall have no obligation to perform any such work if there are any monies due and owing to the Contractor for the work which has been completed. Also, Contractor shall not be responsible for any items or adjustments which have not been reported to the Contractor within the time period set forth herein.

The Contractor shall notify the Owner when it has completed the work set forth in the Owner’s notice. The Owner shall immediately inspect the work performed by the Contractor. If the Owner finds the Contractor has not cured the defects, deficiencies, or deterioration outlined in the Owner’s notice, the Owner shall provide the Contractor with an amended notice (i.e. punch list) giving the Contractor an additional thirty (30) days to cure the defects, deficiencies, or deterioration set forth in the punch list. This punch list shall be sent by the Owner to the Contractor via regular mail and certified mail, return receipt requested. If the Contractor needs additional time above and beyond the thirty (30) and forty  (40) days, respectively, set forth in this Section to cure the defects, deficiencies, or deterioration set forth in the Owner’s notice and/or punch list, the Contractor shall provide the Owner with a written notice advising the Owner of the additional time that it will need to cure the alleged defects and/or deficiencies and the reasons why the Contractor needs additional time.

If the Contractor does not believe that it is required to cure the alleged defects, deficiencies, and/or deterioration set forth in the Owner’s notice or punch list, the Contractor shall notify the Owner of the reasons why the Contractor will not cure said defects, deficiencies, and/or deteriorations. This notice shall be sent by the Contractor to the Owner via regular and certified mail, return receipt requested.

MISCELLANEOUS PROVISIONS

Hazardous Materials. The Owner and Contractor agree that the Contractor is not an expert in the recognition, detection, handling, or removal of materials or chemicals considered dangerous, hazardous, or unsafe, and no such inspection has been made by the Contractor for the presence of any hazardous or unsafe materials or chemicals which may exist on the work site. The Owner agrees to notify the Contractor and take responsibility for any hazardous or unsafe materials or chemicals that exist in the work area, if they are known, suspected, or subsequently discovered. The Contractor, at their sole discretion, may consider the presence, or suspected presence, of existing hazardous or unsafe materials or chemicals at the work site an unsafe condition.

Underlying Structures. Carl’s cannot be responsible for damage to existing underlying structures, sprinklers or sprinkler lines, drains, or utilities not clearly located by the owner or any utility company.

Insurance. Contractor carries a public liability insurance policy and a workers compensation policy and such policies are applicable to the work to be performed under this agreement. Contractor shall furnish the Owner with certificates of insurance. The Owner shall adequately insure all building, as well as any work materials used in the construction, against fire.

Waiver of Subrogation. The Owner, to the extent permitted in any applicable policy of insurance insuring the owner for damage to the Premises, hereby waives any right of subrogation by its carrier against Contractor.

Cancellation. This contract may be canceled by either the owner or contractor within three (3) business days following the day of the execution of this Agreement by giving written notice of rescission to the contractor at the address given in this contract, in which event owner shall be entitled to a complete refund of the down payment given to contractor at the time of the execution of this Agreement

After such period, but before the actual commencement of work by the Contractor, Owner may cancel this agreement, in which event Owner shall forfeit to Contractor the down payment given at the time of the execution of this agreement. In the event Owner cancels this agreement after the Contractor has commenced the work, Owner shall forfeit the amount of the down payment given to Contractor at the time of the execution of this agreement, and, in addition, shall pay to the Contractor such proportion of the total contract price as the amount of labor and materials furnished bears to the total amount of labor and materials agreed upon to be furnished under this agreement, the same to be paid within thirty (30) days from the date of such cancellation.  

In the event the Contractor is unable to complete the performance of its obligation under this contract due to acts of God, strikes, unavailability of supplies or material, or any other contingency beyond its control, Owner may at its option cancel this contract. In such event, Owner shall only be liable to pay Contractor the amount of labor and material already furnished. Such payment is to be made within thirty (30) days after the date of such cancellation. In the event the Owner's home is destroyed by fire, earthquake, or any other cause not attributable to the Owner, this contract shall automatically be cancelled with the parties having no further obligation to each other, and the down payment given by the Owner at the time of the execution of this agreement shall be retained by the Contractor.

Arbitration. The Contractor may, it its sole discretion, submit any disputes and claims relating to this Contract to arbitration in accordance with Arbitration Rules of the American Arbitration Association for the construction industry then in force. Written notice of demand for arbitration shall be filed with the Owner and with the American Arbitration Association within a reasonable time after the dispute has arisen. The Contractor’s decision to arbitrate disputes and claims shall be binding upon both parties.

Indemnification. Owner shall indemnify and hold Contractor harmless against and in respect to any claims of any persons aggrieved by the work provided herein, including, but not limited to: failure to acquire the required permits or variances; damages to underground utilities/facilities; damages for trespass; damages to masonry during the installation of the deck; etc.

Assignments. Neither party shall assign the contract or any payments due or to become due under it, and neither party shall sublet the contract as a whole without the written consent of the other party. All parties to this agreement shall be bound by it.

Returned Checks. Owner agrees in signing this agreement to allow Carl’s to have any checks issued to them cleared and verified thorough a bank. A returned check fee of $40.00 will be charged on all returned items.

Notices. All owner notices under this contract must be in writing. The notices must be delivered personally or mailed by certified mail, return receipt requested, to the party at the address written in this contract or to the party's attorney. Electronic communications by Contractor to the Owner shall be deemed to be “in writing” so long as the Owner consented to received communications electronically and the Owner has not withdrawn such consent.

Construction of Agreement. This Contract shall be governed by and interpreted in accordance with the laws of New Jersey. If any section, subsection, sentence, clause, phrase, or portion of this Contract is, for any reason, held to contravene or be invalid under the laws of this State, such portion shall be deemed as separate, distinct, and independent provision, and such contravention or invalidity shall not affect the validity of the remaining portions thereof.

Entire Agreement. This contract constitutes the entire agreement between the parties and supersedes all prior oral negotiations, correspondence, and other communications. Any changes or alterations in this agreement shall be valid and effective only if agreed upon in writing between the parties.

WARRANTY.

(a) Contractor warrants that the Work shall be free of defects in workmanship for two (2) years. Gates, gate hinges, latches, and other gate hardware is warrantied for ninety (90) days. All gates over sixty inches (60”) wide are warrantied for Thirty (30) days. Contractor disclaims all other warranties, whether express or implied, whether of fitness for particular purpose, merchantability, or habitability. Limited Warranty excludes coverage for damage or loss caused by misuse, abnormal use, negligence of others, fire, gusts or sustained winds in excess of 30 mph, Acts of God, weather, impact, or other conditions beyond the control of Contractor.

(b) The warranty shall commence when the work has been completed in accordance to the Contract Documents. If this Contract is terminated at any point during the performance of the work described herein, then the warranty time period shall begin to run from the date that the Contractor last performed the work or supplied goods, materials, or equipment prior to Contractor’s termination, or where Owner is insured for any damages sustained.

(c) Wood materials, such as wood, pressure treated wood and lumber will change color, warp, crack, shrink, etc. due to the normal aging process called “checking”.  Therefor, the Contractor will not warranty any damage caused by checking of wood, normal wear process or inadequate care to the materials installed. Warranties of materials purchased will supersede any warranty by Contractor.

(d) Limited Warranty is extended only to the original purchase and is non-transferable and non-assignable to any other purchaser or subsequent owner. Limited Warranty shall be void if alterations are made by Owner or other third parties products installed by Contractor.

(e) Limited Warranty shall be the Owner’s sole and exclusive remedy against Contractor for any and all loss or damages incurred as a result of the work performed and materials installed. Owner’s failure to pay in accordance with this agreement voids all warranties

(f) Contractor shall provide Owner with written copies of all warranties in connection with home improvements at the time of the execution of this agreement. Separate warranties of the manufacturer may be furnished at the time such products or materials are installed.

(g) Due to the cause and effect of certain construction activities, e.g. roofing, siding, windows, custom work it is possible for sheetrock nails to pop, small cracks to appear in spackle inside the home, or other slight interior damage to occur.  Carl’s Fencing, Decking, & Home Improvement shall not be held liable for any such repairs.

NOTICES TO CONSUMER.

Notice pursuant to N.J.S.A. 17:16C-63:

DO NOT SIGN THIS CONTRACT IF BLANK.

YOU ARE ENTITLED TO A COPY OF THE CONTRACT AT THE TIME YOU SIGN.

KEEP IT TO PROTECT YOUR LEGAL RIGHTS.

Do not sign any completion certificate or agreement stating that you are satisfied with the entire project before this project is complete. Home repair contractors are prohibited by law from requesting or accepting a certificate of completion signed by the owner prior to the actual completion of the work to be performed under the home repair contract.

Notice pursuant to N.J.S.A. 56:8-151:

YOU MAY CANCEL THIS CONTRACT AT ANY TIME BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER RECEIVING A COPY OF THIS CONTRACT. IF YOU WISH TO CANCEL THIS CONTRACT, YOU MUST EITHER:

1. SEND A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED; OR

2. PERSONALLY DELIVER A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION TO:

Pizzo Contracting, Inc. T/A Carl’s Fencing, Decking & Home Improvements

1579 Route 9, Toms River, New Jersey 08755

(732) 505-1749

NJ HIC# 13VH04391000

If you cancel this contract within the three-day period, you are entitled to a full refund of your money. Refunds must be made within 30 days of the contractor’s receipt of the cancellation notice.

Notice required by New Jersey Department of Consumer Affairs:

FOR MORE INFORMATION ABOUT CONTRACTORS REGISTRATION ACT, CONTACT THE NEW JERSEY DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF CONSUMER

AFFAIRS AT 1-888-656-6225.