Unless otherwise stated, Rain City Decks agrees to supply all materials, labour, and supervision to perform the Work as described within the approved quote. Unless outlined in the the Scope of Work this does not include any painting or rot repair. See www.raincitydecks.ca/vinyl for all vinyl colours and patterns.
Changes in Work – Owner initiated
The Owner may make changes by altering, adding to, or deducting from the Work, with the Contract and Contract Price being adjusted accordingly (by either changing the fixed cost or charging at a time and material standpoint outlined below).
When this happens:
· The Homeowner will contact Rain City Decks to alert them of the change request
· RainCity Decks will provide a written email detailing the change and outline next steps
Changes in Work will be treated as follows:
· Hourly Rate $85 per man hour. Materials Cost + 15%
· Payable once the additional work is complete or a draw as the work is completed
· Contract work will not resume until the additional work is paid in full.
Extras – Contractor discovered
During the course of a contract, Rain City Decks may encounter an unforeseen situation that requires extra work / a change to the Scope and Description of Work in order to complete the contract. The most common “Extra” in Vinyl Waterproof Decking is lumber rot (requiring additional demolition, materials, and man hours to fix).
When this happens:
· RainCity Decks will contact the homeowner to alert them of the “Extras”
· RainCity Decks will provide a written email detailing the “Extras” and outline next steps
· Rain City Decks will provide daily updates detailing work completed for “Extras
Contractor Discovered Extras will be treated as follows:
· Hourly Rate $85 per man hour. Materials Cost + 15%
· Payable once the “Extras” work is complete or a draw as the work is completed
· Contract work will not resume until the additional work is paid in full.
Standards of Work
Rain City Decks agrees to supply all labour, materials, and supervision to complete the Work in accordance with the Contract Documents. Rain City Decks agrees to undertake all Work diligently in a good and workmanlike manner, in accordance with good quality residential standards and practices, and in compliance with any applicable Building Code and all other authorities having jurisdiction. The Owner accepts that there may be inconveniences from time to time, and Rain City Decks agrees to keep such inconveniences to a reasonable minimum. It is the responsibility of the Owner to take reasonable steps to provide a work area free of household obstructions, and to remove or protect household items in areas where it may be reasonably anticipated by the Owner that they may be subject to dust, damage or vibrations.
Rain City Decks agrees to keep the site orderly and reasonably free of debris. At the completion of the project, Rain City Decks shall clean the property and leave it fit for use. All equipment, materials, rubbish, and similar material incidental to the project shall be removed by Rain City Decks.
Warranty
Rain City Decks shall correct, at its’ own expense, any defects in the Work due to faulty workmanship pursuant to this Contract for a period of 1 year from the date of Full Completion. The Owner shall give Rain City Decks written notice of such defects within a reasonable time, and in any event within the warranty period. Rain City Decks will convey to Owner any warranties by manufacturers or suppliers on individual materials, products or systems supplied by Contractor under this Contract. Rain City Decks does not warrant labour and/or materials supplied by the Owner or the Owner’s subcontractors. Rain City Decks shall protect the Work, the Owner’s property and the property of third parties from damage occasioned by the performance of its obligations under the Contract Documents.
Insurance
Prior to commencing the Work, Rain City Decks agrees to provide, maintain, and pay for insurance during the time the Work is being performed, including commercial general liability in the minimum amount of $2,000,000 against claims for damages for personal injury or property damage by reason of anything done or not done by Rain City Decks, its employees or agents, in connection with the performance of this Contract. Rain City Decks will also provide proof of automobile liability insurance. Rain City Decks is responsible for all materials on site provided by Rain City Decks for the Work in this Contract until installed.
Default by Owner
In the event that (a) the Owner does not perform its obligations under this Contract in accordance with the terms of this Contract and has not corrected the default within 7 days of written notice by Rain City Decks, or (b) the Owner becomes bankrupt or makes a general assignment for the benefit of its creditors, or if a receiver of the Owner is appointed, or (c) if the Work is stopped as a result of a court order, then Rain City Decks may cease work
and treat the contract as repudiated forthwith on the occurrence of such default. In such event, an accounting shall be made between the Owner and Rain City Decks, and Rain City Decks shall be entitled to payment for such parts of the Work as are completed at the time of default.
Default by Contractor
In the event that (a) Rain City Decks does not perform the Work in accordance with the terms of this Contract and has not corrected the default within 7 days of written notice by the Owner, or (b) Rain City Decks becomes bankrupt or makes a general assignment for the benefit of its creditors, or if a receiver of Rain City Decks is appointed, then the Owner may finish the Work in accordance with the plans and specifications as the Owner may deem expedient, but without undue delay or expense.
In such event, Rain City Decks shall not be entitled to any further payment under this Contract, but upon completion of the Work, an accounting shall be made between the Owner and Rain City Decks. If the unpaid balance on the Contract Price shall exceed the expense of finishing the Work, the Owner shall pay Rain City Decks for such parts of the work as were payable or completed at the time of the default. However, if such expense shall exceed such unpaid balance, Rain City Decks shall pay the difference to the Owner.
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