TERMS AND CONDITIONS
1. Cancellation. If Owner cancels this Contract prior to commencement of the Work, Owner shall forfeit to Guarantee Roofing and Fence (herein referred to as “Contractor”) the down payment given at the time of the execution of this Contract. If Owner cancels this Contract after commencement of the Work, then a sum at least equal to the actual time, materials, equipment supplied by Contractor plus 20% of the foregoing as lost profit shall be paid. Owner may cancel this contract at any time before midnight on the third business day after the later of the following: (A) The date this contract is signed by Owner and Contractor (B) If applicable, the date Owner receives written notification from its insurance company of a final determination as to whether all or any part of Owner’s claim or this contract is a covered loss under Owner’s insurance policy. See attached notice of cancellation form for an explanation of this right.
2. Owner’s Duties. Owner shall clear all personal property and otherwise make the area surrounding the Work accessible by Contractor so that Contractor’s Work is not impeded in any respect and shall provide adequate space for on-site storage of materials and equipment. If required due to the unique characteristics of Owner’s property or the Work, Owner shall secure permission for ingress and egress from adjacent landowner(s). Prior to the time that Contractor begins its work, Owner shall (a) locate and mark, with flags and/or spray paint, the boundaries and rights of Owner’s property including all applicable easements and (b) locate and mark, with flags and/or spray paint, all private underground utilities or personal property including, but not limited to, irrigation systems, private extensions of electric and phone lines, water lines, invisible fencing wires, and/or anything not otherwise located by public utility services. Owner’s failure to fulfill these obligations can result in delay. Owner shall indemnify and hold Contractor harmless from and against all claims and damages, including attorney fees, resulting in whole or in part from inadequate access, any omitted marking or otherwise incorrect marking of utilities, and/or any omitted marking or otherwise incorrect marking of property rights. Owner is responsible for providing water and electricity as may be required by Contractor to perform the Work.
3. Changes; Additions. Owner agrees to pay Contractor all costs associated with any additional or changed work, whether expressly ordered by Owner or constructively required by work site conditions or Owner’s failure to fulfill any obligations herein, plus 15%. The Contract Amount is based on material prices as of the date of the Agreement. Material price increases of 10% or more following execution of the Agreement shall be considered a changed condition as herein described. In the event of additional or changed work, Owner agrees to execute Contractor’s written modification indicating the costs resulting from such additional or changed work.
4. Permits, Insurance. Contractor shall secure permits and licenses necessary for the Work. Owner shall obtain all variances and zoning amendments that may be necessary for the Work. Contractor shall maintain worker’s compensation and general liability insurance during the performance of this Contract. Owner shall maintain liability, fire and extended coverage insurance for all Work in an amount of not less than the Contract Price. Owner shall bear the risk of any loss or damage to the Work, supplies and materials resulting from or caused by vandalism, theft, fire, rain, wind, hail, acts of God, other casualty or third-party actions.
5. Adverse and Unforeseen Conditions. Owner confirms that they have disclosed in writing to Contractor all adverse information and/or conditions relating to the home/building for which Owner has knowledge or suspects may exist. Owner represents that Owner has no knowledge of radon, mold, asbestos, lead-based paint and/or lead-based paint hazards in or upon the home/ building or the real estate. The parties agree that Owner has the responsibility and all risks associated with disclosure of information on lead-based paint and lead-based paint hazards. In the event that Contractor encounters conditions below the surface of the ground or in an existing structure which are at variance with the conditions indicated by this Contract or representations made by the Owner or which are of an unusual nature and/or differ materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract, then Owner shall be responsible for any and all costs and expenses associated with removal and/or remediation including Contractor’s reasonable additional costs of shutdown, delay and start-up and the time for completion of the Work shall be extended. Owner shall indemnify and hold harmless the Contractor, and Contractor’s agents and employees, from and against claims, damages, loss, and expenses, resulting from the existence of all hazardous materials on Owner’s property.
6. Hazardous Substances. Contractor is not responsible for inspection, discovery, abatement, mitigation or removal of lead, mold, radon, asbestos or other hazardous wastes or materials, toxic substances, or environmental pollutants (collectively “Hazardous Substances”). Owner understands and accepts that Contractor shall have no liability regarding Hazardous Substances or their effects, including, but not be limited to property damage, personal injury, loss of income, emotional distress, death, loss of use, loss of value, or adverse health effects. Owner releases, indemnifies and holds Contractor harmless from any and all claims, damages, costs and liabilities based upon, relating to or arising from Hazardous Substances.
7. Safety. Contractor shall cause its Work to comply with all safety measures, policies, and standards required or recommended by governmental or quasi-governmental authorities having jurisdiction over the Work. The foregoing notwithstanding, Contractor is an invitee on Owner’s property and Owner shall have the sole responsibility to make its property fit for Contractor to enter and perform the Work.
8. Warranty. Contractor warrants that the Work will be good and workmanlike. Contractor warrants the manner in which the work will be performed and the quality of the materials used; Contractor does not warrant the performance of any completed work or repairs. The parties agreed to adopt for reference the latest edition of the Indiana Quality Assurance Builder Standards (“the Standards”) to establish baseline criteria for material and workmanship concerns and provide the construction standards that should be expected; and create a method to address material and workmanship issues that may arise between builders and owners. For a period of one year following completion, Contractor will remove/replace Work that does not meet the Standards so long as within ten (10) days of Owner’s knowledge of the circumstances giving rise to such claim(s) Owner provides written notice to Contractor at the address listed on the front of the Contract. Failure to provide timely notice will prejudice Contractor’s rights and shall constitute Owner’s waiver and release of all such claims. Where Owner provides timely notice of claims to Contractor, Contractor will, in its discretion, repair or replace defective workmanship and/or materials. Owner’s hiring of others or direct actions by Owner or Owner’s separate contractors to repair a warranty item is not covered by or reimbursable under this warranty. Contractor does not warrant materials furnished by the Owner for installation. No warranty is provided on any existing materials that are moved and/or reinstalled by the Contractor within the dwelling or the property (including any warranty that existing/used materials will not be damaged during the removal and reinstallation process). One year after substantial completion of the project, the Owner’s sole remedy (for materials and labor) on all materials that are covered by a manufacturer’s warranty is strictly with the manufacturer, not with Contractor. Contractor does not warrant conditions arising from or relating to: maintenance, abuse, misuse, vandalism, modification, or alteration; and ordinary wear and tear. Damages resulting from mold, fungus, and other organic pathogens are excluded from this warranty unless caused by the sole and active negligence of contractor as a direct result of a construction defect which caused sudden and significant amounts of water infiltration into a part of the structure. THE EXPRESS WARRANTIES CONTAINED HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, HABITABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. OWNER WAIVES ALL RIGHTS TO CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES.
9. Indemnity. Owner shall save, defend, indemnify and hold Contractor harmless from and against any and all costs, losses, expenses, claims and damages, including attorney’s fees, caused in whole or in part by the negligent acts or omissions of the Owner (or any of its agents or representatives) resulting in bodily injury or death to persons, or damages to or destruction of property, except claims found to be due to Contractor’s sole negligence or willful misconduct.
10. Termination by Contractor; Limitation of Damages. If Work is stopped for a period of thirty (30) days under an order of any court or other public authority having jurisdiction, or by any cause as set forth above, or as a result of an act of government, such as declaration of a national emergency making materials unavailable, or if the Owner fails to make any payment to the Contractor as provided for herein or for any change or addition as provided for herein, within ten (10) days of its due date thereof, the Contractor may, at the Contractor’s sole discretion, terminate the Contract and recover from the Owner payment of any and all amounts owing under the terms of this Contract, including reasonable profit and damages. Further, in the event Contractor has to take any action to enforce or protect its rights under this Contract or under applicable law, Contractor shall have the right to recover from Owners any and all costs, expenses, damages, and attorneys’ fees incurred by Contractor. With respect to any claims by Owner against Contractor relating to this Contract or the Work, Contractor shall only be responsible for actual damages incurred by Owner, but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable. Contractor shall not be liable for incidental, consequential, or punitive damages; damages for aggravation, mental anguish, emotional distress or pain and suffering, or for attorney’s fees or costs.
11. Dispute Resolution. If a dispute arises concerning the quality of the Work, the parties shall mutually select a licensed building inspector doing business in metropolitan Terre Haute, Indiana to examine the Work that is in dispute. The inspector shall render a written opinion as to whether the Work in dispute meets or fails to meet the Standards or applicable Building Code. If the inspector finds that the Work in dispute fails to meet the Standards or applicable Code, the inspector shall specify in writing its findings and if repairs are ordered, Contractor shall thereafter have a reasonable time to modify the Work to comply with the Standards or applicable Code. If such remediation does not satisfy Owner, the Inspector shall, after re-inspecting the Work in dispute, render a subsequent written opinion as to whether the Work in dispute meets the Standards or applicable Code. If at any time the Inspector finds that the services performed or materials supplied meet the Standards and/or applicable Code, then it shall be binding and Owner shall have no further rights or remedies with respect to said claim. The cost of any Inspector shall be paid by the Owner. The foregoing notwithstanding, Contractor retains the right to pursue foreclosure of a mechanics lien in the court of competent jurisdiction without undermining or affecting the parties agreement regarding the Work. Contractor is entitled to recover its attorneys’ fees when required to enforce any portion of this Agreement.
12. Miscellaneous. This Contract constitutes the entire understanding of the parties. There are no other agreements, representations, or warranties not set forth in this Contract, unless required by law. Unless otherwise specifically set forth in this Contract, this Contract may only be modified in a writing signed by the Contractor and the Owners. This Contract is not valid until such time that it has been signed by all parties to this Contract. This Contract shall be binding upon the heirs, executors, administrators, successors, and assigns of the respective parties to this Contract. This Contract shall be governed by the laws of the State of Indiana. The parties to this Contract agree that in the event that any terms or provisions contained in this Contract are held to be invalid, illegal or unenforceable, such holding shall not affect any other provision of this Contract, and this Contract shall be construed as if such invalid, illegal or unenforceable terms or provisions had not be contained in this Contract. The parties expressly agree that this Agreement was jointly drafted, and that they both had opportunity to negotiate its terms and to obtain the assistance of counsel in reviewing its terms prior to execution. Therefore, this Agreement shall be construed neither against nor in favor of either party, but shall be construed in a neutral manner.
Updated 12.4.2025