Fixer.com Residential Remodeling Contract
Fixer Services Inc
1055 W Bryn Mawr F108
Chicago, IL 60660
California License Number: 1104427
concierge@fixer.com
(855) 583-4937
A notice of cancellation may be sent to Fixer Services Inc at the following address: 1055 W Bryn Mawr F108
Chicago, IL 60660
Contract for Home Improvement.
This contract (“Contract”) is between you (the “Client”) and your BUSINESS NAME (the “Contractor”).
The Contract is digitally signed and dated at the time of booking a job on Fixer.com
You are entitled to a completely filled in copy of this agreement, signed by both you and the Contractor, before any work may be started.
AGREEMENT
Licensing: The Contractor warrants that the Business currently holds a valid license,1104427, under the laws of the State of California to perform the work. Work performed will be done so in compliance with all applicable local, state, or federal statutes and regulations.
Scope of Work/Payment:
The Client is hiring the Contractor to do the following: Handyperson labor at the agreed hourly rate provided on the fixer.com website at the direction of the client.
Approximate Start Date: As booked on the Fixer.com website.
Substantial Commencement of Work: Work shall commence upon the arrival of a Fixer.com employee at the location specified by the client.
Approximate Completion Date: This contract shall cover labor over a single day period. Each additional day of labor shall be considered a separate contract, as directed by the client.
Hourly labor only.
i. Extra Work and Change Orders shall not apply to this contract. This contract is for an hourly rate of labor, and not for a completed project.
Estimates shall not be construed to be a bid, or offer of work completion for a project, but are provided only as a convenience for the client to project manage their work.
Contract Price: Hourly labor, materials, and reasonable expenses, as agreed upon when booked and stated in said booking’s confirmation communications..
Finance Charge: The finance charge shall be the lesser of 1.5% per month, or the maximum allowed by the state of California or relevant local authority
Downpayment: $0
Payment Schedule: Payment is due at the end of the business day on which the labor is performed for each day of labor performed. Contractor will perform Services at hourly rate specified at the time of booking. This hourly rate will be guaranteed and will not be increased for the duration of this Contract, unless the Parties have agreed upon a written change to the scope of Services signed by the parties.
Payment Terms: Payment shall be made to the Contractor via credit card supplied at the time of booking. If any invoice is not paid when due, this could result in suspension or termination of the project. If the Client fails to pay for the Services when due, the Contractor reserves the right to treat such failure as a breach of this Contract. Any legal fees associated with such will be the Client’s responsibility.
Invoices: The Contractor will invoice the Client on the dates listed in the Payment Schedule section. The Client agrees to pay the invoice with the amount owed within 3 days.
Late Payments: If the Client fails to pay the Contractor on time per agreed upon payment schedule, the Business may suspend work until delinquent payments are brought current. If payments are delinquent for more than 3 days, then the Client will be subjected to a late fee of $200.
Expenses: Client shall pay to the Contractor any expenses incurred by the Contractor in the provision of services under this Agreement, including, but not limited to materials, and other reasonable expenses, no later than 3 days after receipt is provided.
Lien Release: Upon satisfactory payment being made for any portion of the work performed, the Contractor, prior to any further payment being made, shall furnish to the Client a full and unconditional release from any potential lien claimant claim or mechanics lien authorized pursuant to Sections 8400 and 8404 of the California Civil Code for that portion of the work for which payment has been made.
Refund Policy:: Services completed as described in this contract are not subject to refunds. The Client will not be reimbursed for services cancelled once work has begun. All sales are final.
Warranty Policy: No refunds will be provided for work completed as described in this contract. Services for work completed are warranted to be free from defects in materials or workmanship for one year from the date of service completion. This warranty does not apply to: (i.) cosmetic damage (ii.) damage by service of another business (iii.) Wear and tear resultant from normal use.(iv). Damage by another individual not affiliated with Fixer.com
Commercial General Liability Insurance (CGL):
Fixer Services Inc carries commercial general liability insurance written by FNIC. You may call FNIC at 402-861-7170 to check the contractor’s insurance coverage.
Workers’ Compensation Insurance.
Fixer Services Inc carries workers’ compensation insurance for all employees.
MECHANICS LIEN WARNING.
Anyone who helps improve your property, but who is not paid, may record what is called a mechanics lien on your property. A mechanics lien is a claim, like a mortgage or home equity loan, made against your property and recorded with the county recorder.
Even if you pay your contractor in full, unpaid subcontractors, suppliers, and laborers who helped to improve your property may record mechanics liens and sue you in court to foreclose the lien. If a court finds the lien is valid, you could be forced to pay twice or have a court officer sell your home to pay the lien. Liens can also affect your credit.
To preserve their right to record a lien, each subcontractor and material supplier must provide you with a document called a ‘Preliminary Notice.’ This notice is not a lien. The purpose of the notice is to let you know that the person who sends you the notice has the right to record a lien on your property if he or she is not paid.
BE CAREFUL. The Preliminary Notice can be sent up to 20 days after the subcontractor starts work or the supplier provides material. This can be a big problem if you pay your contractor before you have received the Preliminary Notices.
You will not get Preliminary Notices from your prime contractor or from laborers who work on your project. The law assumes that you already know they are improving your property.
PROTECT YOURSELF FROM LIENS. You can protect yourself from liens by getting a list from your contractor of all the subcontractors and material suppliers that work on your project. Find out from your contractor when these subcontractors started work and when these suppliers delivered goods or materials. Then wait 20 days, paying attention to the Preliminary Notices you receive.
PAY WITH JOINT CHECKS. One way to protect yourself is to pay with a joint check. When your contractor tells you it is time to pay for the work of a subcontractor or supplier who has provided you with a Preliminary Notice, write a joint check payable to both the contractor and the subcontractor or material supplier.
For other ways to prevent liens, visit CSLB’s Internet Web site at www.cslb.ca.gov or call CSLB at 800-321-CSLB (2752).
REMEMBER, IF YOU DO NOTHING, YOU RISK HAVING A LIEN PLACED ON YOUR HOME. This can mean that you may have to pay twice, or face the forced sale of your home to pay what you owe.
Information about the California Contractors’ State License Board (CSLB):
CSLB is the state consumer protection agency that licenses and regulates construction contractors.
Contact CSLB for information about the licensed contractor you are considering, including information about disclosable complaints, disciplinary actions, and civil judgments that are reported to CSLB.
Use only licensed contractors. If you file a complaint against a licensed contractor within the legal deadline (usually four years), CSLB has authority to investigate the complaint. If you use an unlicensed contractor, CSLB may not be able to help you resolve your complaint. Your only remedy may be in civil court, and you may be liable for damages arising out of any injuries to the unlicensed contractor or the unlicensed contractor’s employees.
For more information:
Visit CSLB’s Internet Web site at www.cslb.ca.gov
Call CSLB at 800-321-CSLB (2752)
Write CSLB at P.O. Box 26000, Sacramento, CA 95826.
Representations:
Authority to Execute: Each party promises to the other party that it has the authority to enter into this Contract and to perform all of its obligations under this Contract.
Client will Review Work: The Client promises to review the work product, to be reasonably available to the Contractor if the Business has questions regarding this project, and to provide timely feedback and decisions.
General:
Agreements: The Client and the Contractor agree that by providing and accepting entry to the home, both parties agree to the terms of this contract, and that no additional signatures are required.
Compliance with Laws: Contractor must comply with all provisions of law applicable to this Contract.
Term and Termination:
This Contract ends at the end of the business day on which the work was started, unless the Client or the Business ends the contract before that time. If one of the parties chooses to end the Contract prior to project completion, the Client is responsible for paying for all work and costs incurred up until that date.
Three-Day Right to Cancel
The Client has the right to cancel this contract within three business days. You may cancel by e-mailing, mailing, faxing, or delivering a written notice to the Contractor at the Contractor’s place of business by midnight of the third business day after you received a signed and dated copy of the contract that includes this notice. Include your name, your address, and the date you received the signed copy of the contract and this notice.
If you cancel, the contractor must return to you anything you paid within 10 days of receiving the notice of cancellation. For your part, you must make available to the contractor at your residence, in substantially as good condition as you received them, goods delivered to you under this contract or sale. Or, you may, if you wish, comply with the contractor’s instructions on how to return the goods at the contractor’s expense and risk. If you do make the goods available to the contractor and the contractor does not pick them up within 20 days of the date of your notice of cancellation, you may keep them without any further obligation. If you fail to make the goods available to the contractor, or if you agree to return the goods to the contractor and fail to do so, then you remain liable for performance of all obligations under the contract.