Terms and Conditions

Services not explicitly outlined in this Agreement shall not be undertaken by the Contractor. This encompasses, but is not restricted to, carpentry, plaster/wall work, electrical work, tile work, landscaping, masonry, flooring, roofing, paving, and other related trades, even if deemed incidental or essential to the contracted work. Upon customer request, we will facilitate the referral of a subcontractor for the assessment and potential repair or replacement of items such as carpeting, cabinetry, tile, flooring, etc., for a complimentary estimate.

In the event that the Owner, construction lender, or any public body or inspector necessitates modifications or additions to the work specified in this contract, the contract price shall be adjusted accordingly. Any modifications or additions shall only proceed upon the mutual signing of a Change Order by both the Owner and Contractor. The change in the contract price, as a result of such a Change Order, shall be documented in writing. In case of disagreement, the change in contract price shall be determined by the Contractor's actual costs, including labor, equipment, subcontracts, and materials, plus 49.5% for overhead and 5% for profit. The Change Order may also extend the time allotted for the completion of the contract. All Change Orders shall be integrated into the contract.

The Contractor will promptly inform the Owner of: (a) latent physical conditions at the sit differing materially from those specified in this contract, or (b) unknown physical conditions differing materially from those typically encountered and generally recognized as inherent in the work described in this contract. Any expenses incurred due to such conditions shall be considered added work, and payments for extra work will be made as the extra work progresses.

The Owner is accountable for providing water, gas, sewer, and electrical utilities, unless otherwise specified in writing. Ensuring access to the property for the Contractor and Contractor’s equipment, along with having adequate funds to fulfill this agreement, is the responsibility of the Owner. This is a cash transaction unless specified otherwise. The Owner is also responsible for safeguarding or removing personal property, and the Contractor holds no responsibility for items such as carpets, drapes, furniture, driveways, lawns, shrubs, landscaping, irrigation and/or sprinklers (exclusion includes, but is not limited to rocks/stones, brick/block, bark, and other decorative landscaping items). The Owner is to indicate and warrant the property lines to the Contractor.

Repairs or replacements to ANY/ALL flooring, sidewalks, decorative walkways, driveways, etc., requiring removal/excavation for access are not covered. AireCare Technicians may execute a ROUGH CONCRETE PATCH ONLY IF NOTED IN THIS CONTRACT OR IN ANY OF THE INCORPORATED DOCUMENTS MENTIONED IN THIS CONTRACT. Referral of repair/replacement of flooring, sidewalks, decorative walkways, driveways, professional masonry, etc., is available upon request.

Please be advised that there will be a notable amount of dust and/or debris during the repair process inside your home due to the scope of work. While every effort will be made to contain the dust and maintain the cleanliness of your home, we recommend removing and/or covering valuables such as furniture, clothing, photos, etc., from the work area before our technicians commence the repair.

For safety reasons, occupants should stay away from the job site at ALL times, and any pets must be confined while work is in progress.

Owner-incurred costs such as taxes, permits, fees, and assessments will be covered upon Owner's request. The Contractor will secure all necessary building permits at the Owner's sole expense. Ample funds must be provided by the Owner to obtain any required permits promptly. The Owner is responsible for payments associated with public bodies and utilities for sewers, storm drains, water service, schools, and school facilities, among others. The Contractor will adhere to all federal, state, county, and local laws, ordinances, and regulations.

Before the commencement of any work under this Agreement, the Owner shall obtain, at their expense, "all risk" insurance covering the course of construction, with vandalism and malicious mischief clauses. This insurance should amount to at least the Contract price, with loss payable to any beneficiary under a deed of trust covering the project. It should name the Contractor and its subcontractors as additional insureds and include ample funds to safeguard the interests of the Owner, Contractor, subcontractors, and any construction lender. In the event the Owner fails to procure such insurance, the Contractor may, at the Owner's expense, obtain it as an agent. If the project is damaged or destroyed due to unforeseen circumstances, the Owner is responsible for compensating the Contractor for any rebuilding or restoration work.

If the Contractor has employees, they shall carry Worker’s Compensation Insurance for their employees' protection during the work. The Owner is required to obtain and pay for insurance covering injury to the Owner’s employees, individuals under the Owner’s direction, and individuals invited to the job site by the Owner.

The Owner, at their expense, shall secure "all risk" insurance with construction, vandalism, and malicious mischief clauses before the work begins. This insurance should equal at least the Contract price, with loss payable to beneficiaries under any deed of trust. It should also name the Contractor and subcontractors as additional insureds. Payments for public bodies and utilities shall be made by the Owner, as required. The Contractor will adhere to all federal, state, county, and local laws, ordinances, and regulations.

If the contract price is not paid in full by the Completion Date, any unpaid portion shall accrue interest at a rate of 1.5% per month (18% per annum) until fully paid. Payments, excluding the down payment, shall be applied to accrued interest first and then to the contract price. The Contractor reserves the right to stop work if any payment is not made when due, and may keep the job idle until all due payments are received. The Owner's failure to make timely payments constitutes a material breach of the Agreement.

The Contractor will clear debris and surplus material from the Owner's property resulting from its operations, leaving the site in a neat and broom-clean condition.

Any action arising from or related to this contract must be initiated within two years of completion or cessation of work. The Contractor may subcontract portions of the work to properly licensed and qualified subcontractors. In case any provision of this Agreement is deemed invalid, unenforceable, or illegal, the remaining provisions shall remain valid and enforceable.

The Contractor reserves the right to subcontract specific portions of the work to subcontractors who are duly licensed and qualified.

Should any provision of this Agreement or its application be deemed invalid, unenforceable, or illegal, such a determination shall not impact the validity, enforceability, or legality of the remaining provisions or any other application.

The Contractor warrants that all work, excluding assemblies, appliances, etc., will be done in a good and workmanlike manner for one year from substantial completion. The Contractor's liability is limited to manufacturer-provided warranties for such items. The Owner must notify the Contractor of any warranty claim within 24 hours of discovery. The Contractor will respond to warranty calls between 8:30 a.m. and 4:30 p.m., Monday through Friday, excluding holidays. The Owner's failure to notify the Contractor as specified voids any warranties.

The Contractor highlights limitations in patching, matching, and repairing pre-existing conditions. The Owner acknowledges that pre-existing pipes, plumbing fixtures, and issues unrelated to the contracted work are excluded. Damage to pre-existing water or gas lines during excavation may occur, and repairs are not covered unless agreed upon in writing.

The Owner declares no knowledge of hazardous materials. Testing for such substances shall only be performed as stated in writing. Unless explicitly stated in the contract, encountering hazardous substances requires stopping work until a qualified contractor is engaged by the Owner. The Contractor is not liable for incidents or claims related to mold or hazardous substances.

The Contractor will use "standard grade" or "builder’s grade" materials unless otherwise stated. The Contractor is not responsible for restoring or repairing the premises to their original state unless specified in the Scope of Work.

The Contractor is excused for delays caused by uncontrollable factors. If material costs increase by more than 10%, the Contractor is entitled to an increase in the contract price. The Owner is responsible for delays caused by the Owner, and the Contractor is entitled to cost increases incurred as a result.

If the Owner alleges incorrect or untimely work, the Owner must provide notice, and the Contractor has ten days to commence curing the alleged insufficiency.

While the Contractor will attempt to keep the project reasonably covered during construction, the Owner acknowledges the potential for damage due to unexpected weather conditions. The Contractor is not responsible for such damage beyond its control.

Upon full payment for any portion of the work, the Contractor shall provide the Owner with a partial release from any claim or mechanic’s lien for that portion of the work.

This contract, along with referenced addendums and attachments, constitutes the entire agreement between the parties. No supplement, amendment, modification, discharge, or change is binding unless executed in writing by all parties.

The contract is effective upon acceptance at the Contractor's corporate office in El Cajon, California. The contract is performed in San Diego County, California, and any litigation or proceeding to enforce or interpret its terms shall be in the sole jurisdiction of San Diego County, California.

Extra Work and Change Orders are incorporated into the contract once the order is documented in writing and signed by the involved parties before the initiation of any work outlined in the new change order. The order should clearly outline the extent of the extra work or changes, the associated cost adjustments to the contract, and the impact on the payment schedule.

As the owner/client, you are not allowed to request a contractor to perform extra or change-order work without providing written authorization before the commencement of any work covered by the new change order.

For any extra work or change order to be binding on an owner/client, it must also include a written description, before the commencement of any work covered by the new change order, of:

(i) The scope of work covered by the order.

(ii) The amount to be added or subtracted from the contract.

(iii) The effect the order will have on the progress payments or the completion date.

Non-compliance by the contractor with the requirements outlined in this paragraph does not prevent the recovery of compensation for work performed based on legal or equitable remedies designed to prevent unjust enrichment.

Any unpaid party contributing to the enhancement of your property may file a mechanics’ lien against your property. Similar to a mortgage or home equity loan, a mechanics’ lien is a claim recorded with the county recorder against your property.

Even if you settle the full payment with your contractor, unpaid subcontractors, suppliers, and laborers involved in improving your property can record mechanics’ liens and take legal action to foreclose the lien. In the event the court validates the lien, you might be compelled to pay twice or witness a court-ordered sale of your home to settle the lien. Liens can also impact your credit.

To safeguard their right to file a lien, each subcontractor and material supplier must furnish you with a '20-day Preliminary Notice.' This notice serves as a warning, indicating their intention to record a lien on your property if payment is not received.

Exercise caution, as the Preliminary Notice can be issued up to 20 days after the subcontractor commences work or the supplier delivers materials. This poses a risk if you settle payment with your contractor before receiving Preliminary Notices. Note that you won't receive Preliminary Notices from your prime contractor or laborers on your project. The law assumes you are aware of their contribution to improving your property.

Protecting Against Liens. To shield yourself from liens, obtain a list from your contractor detailing all subcontractors and material suppliers involved in your project. Inquire about the start dates of these subcontractors and the delivery dates of materials. Wait 20 days while paying attention to any Preliminary Notices you receive.

Consider using joint checks as a protective measure. When your contractor advises payment for the work of a subcontractor or supplier who has issued a Preliminary Notice, issue a joint check made payable to both the contractor and the subcontractor or material supplier. For additional ways to prevent liens, visit CSLB’s website at www.cslb.ca.gov or call CSLB at 800-321-CSLB (2752).

Remember, inaction may result in a lien being placed on your home, risking the possibility of paying twice or facing a forced home sale to settle outstanding debts.