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License Number: CRC 1332470 – T&K Construction and Remodeling LLC  

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PLEASE NOTE: A SIGNED/APPROVED QUOTATION REFLECTS AGREEMENT WITH TERMS AND CONDITIONS BELOW

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TERMS AND CONDITIONS

  1. Definitions.  Certain capitalized terms used herein and not otherwise defined shall have the respective definitions indicated in Section 19 hereof.

  2. Services.  T&K Construction and Remodeling, LLC (the “Company”) will provide the Services identified in the attached Proposal and the Customer will pay the fees and costs, all in accordance with the Proposal and these Terms and Conditions.

  3. Terms of Payment.  The Customer shall pay all fees and costs to the Company upon the Customer’s receipt of invoice for same.  All amounts invoiced are due and payable upon the Customer’s receipt of the invoice.  The Company may charge interest at the rate of 1.5% per month on any invoiced amounts outstanding longer than 30 days.  In the event of any failure by the Customer to timely pay any invoiced amounts, the Company may, in addition to all other available remedies hereunder, at law or in equity, suspend further performance of the Services until the Customer has made payment due in full.

  4. Customer Representations.  To induce the Company to provide the Services, the Customer hereby represents and warrants to the Company that (i) the Customer is the owner of the Premises, (ii) the execution and delivery of this Agreement by the Customer, and the performance by the Company of the Services, do not and will not contravene any applicable law, property rights of a third party or agreement binding upon the Customer or the Premises, and (iii) the Customer has had the prior opportunity to review this Agreement and to consult with legal, financial and other advisors as to its contents, the Services and all matters related thereto.

  5. Substitution.  The Company may substitute supplies, personnel, techniques and materials at any time and from time to time without notice to the Customer.

  6. Independent Contractor.  The Company is an independent contractor and not an employee, agent, joint venture or partner of the Customer.  The Company shall determine in its sole discretion the methods, details and means of providing the Services.  The Customer shall have no right to control the manner or determine the method by which the Services are provided.

  7. Warranty.  The Company makes a one-year warranty on workmanship only.  This warranty becomes effective upon full payment by Customer for the Services identified in the Proposal.  If the Customer fails to make full payment for the services, Company revokes all warranties, express or implied.

  8. Limitation of Liability.  The Company shall not be liable to the Customer for any damage, expense, suit or loss of the Customer resulting directly or indirectly from any action or in action of the Company in providing the Services or otherwise.  Without limiting the generality of the foregoing, the Company shall not be liable to the Customer for any (i) damage to the property of the Customer or any third party, (ii) punitive or consequential damages or lost profits or opportunities, or (iii) damage or delay resulting directly or indirectly from any acts of God, labor dispute, inclement weather, act of a public authority, acts of the Customer or other unforeseen contingency or matter beyond the reasonable control of the Company.  In the event that a court of competent jurisdiction determines that the foregoing limitation of liability is unenforceable in whole or in part, the liability of the Company to the Customer shall in no event exceed the aggregate amount paid by the Customer to the Company in connection with the Services.

  9. Indemnification.  The Customer shall indemnify and hold harmless the Company and its officers, directors, employees and agents from any loss, expense, claim, damage, expense or suit resulting to the Company or its said agents directly or indirectly from any breach of this Agreement by the Customer.

  10. Assignment.  The Company may assign or delegate this Agreement and/or its obligations hereunder to any individual or entity upon notice to the Customer.  The Customer may not assign or delegate this Agreement in whole or in part without the prior written consent of the Company.

  11. Unauthorized Hiring of Company Employees.  Customer understands and agrees that Company expends considerable time, money and resources training and developing its employees in order to have a competent, efficient and specialized work force.  Company expends such time, money and recourses on its employees so that each member of its work force may be used at the various customers Company services.  As a result, it is understood and agreed that the Customer will not directly or indirectly hire any of the Company’s employees during the term of this Agreement and for a period of one year from the date of termination of this Agreement.  Should the Customer violate the provision or otherwise wish to “buy out” such an employee from Company, Customer agrees to pay Company a one-time charge of forty percent (40%) of employee’s annual salary per employee as agreed upon liquidated damages, and not as a penalty.

  12. Termination.  The Company may terminate this Agreement at any time upon written notice to the Customer.  Upon any such termination by the Company, the Company shall refund to the Customer all amounts prepaid by the Customer to the Company for periods subsequent to the date of such termination.  The Customer may terminate this Agreement at any time upon written notice to the Company.  Upon any such termination by the Customer, the Company shall retain all amounts paid by the Customer to the Company. 

  13. Applicable Law; Venue. All questions concerning the construction, validity, and interpretation of this Agreement shall be governed by the internal law, not the law of conflicts, of the State of Florida.  Venue of any proceeding hereunder shall be in Lee County, Florida.

  14. Severability of Provisions. Each provision of this Agreement shall be considered separable; and if, for any reason, any provision or provisions herein are determined to be invalid and contrary to any existing or future law, such invalidity shall not impair the operation of or affect those portions of this Agreement which are valid and such invalid provision shall be deemed amended to the minimum extent required to render such provision valid and enforceable.

  15. Entire Agreement.  This Agreement represents the entire agreement between the Company and the Customer relating to the subject matter hereof.  Except as otherwise provided herein, every covenant, term and provision of this Agreement is binding upon and inures to the benefit of the parties and their respective heirs, legatees, legal representatives, successors and assigns.  In the event of any inconsistency between the Proposal and these Terms and Conditions, the terms of the Proposal shall govern.

  16. Amendment.  This Agreement may not be amended except by a written instrument signed by the Company and the Customer.

  17. Counterparts.  This Agreement may be executed in any number of counterparts with the same effect as if all such parties executed the same document.  All such counterparts constitute one agreement.  Faxed signatures and copies of signatures shall be binding as originals.

  18. Notice.  Any notice that is required or permitted under this Agreement shall be effective if given by certified mail, return receipt requested, prepaid and addressed to the recipient at the address of the recipient set forth in the Proposal.

  19. Collection Costs.  The Customer shall pay the reasonable attorney fees and other costs of the Company in collecting any amounts owed by the Customer to the Company hereunder, whether or not suit is filed by the Company.

  20. Definitions.  As used in these Terms and Conditions:  (i) “This Agreement” (and similar expressions) refers to the Proposal and these Terms and Conditions, (ii) “Company” means T&K Construction and Remodeling, LLC, (iii) “Customer” means the named individual or entity identified in the Proposal, (iv) “Premises” means the residence, office or other location at which the Company is to provide the Services, (v) “Proposal” means the letter-agreement signed by the Company and the Customer, and (vi) “Services” means the services to be provided by the Company to the Customer, as set forth in the Proposal.

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SECTION 713.015, FLORIDA STATUES MANDATORY DISCLOSURE

ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER.” FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.

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SECTION 558.005(3), FLORIDA STATUTES MANDATORY DISCLOSURE

ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES

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HOMEOWNERS’ CONSTRUCTION RECOVERY FUND

PAYMENT MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS:

Construction Industry Licensing Board

2601 Blair Stone Road

Tallahassee, Florida 32399-2215

Phone 850.487.1395

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CRC#1332470                                                                                                                                        © 2022 T&K Construction

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