Plumbing & Heating Terms and Conditions

UPON COMPLETION, ANY AND ALL APPLICABLE STATUTES OF LIMITATIONS BEGIN TO RUN. AT THE TIME OF COMPLETION, ALL FINAL PAYMENTS ARE DUE BY THE OWNER. COMPLETION IS NOT PRECLUDED BY TRIVIAL IMPERFECTIONS OR FINAL PUNCH LIST ITEMS WHICH DO NOT MATERIALLY INTERFERE WITH THE USE OF THE PREMISES. NO PAYMENTS MAY BE WITHHELD UPON COMPLETION.

PAYMENTS. OWNER SHALL PAY IN GOOD FUNDS AS BILLED BY CONTRACTOR. UPON COMPLETION, FINAL PAYMENT IS DUE WITHIN 15 DAYS. IF OWNER DOES NOT PAY AS ITEMIZED ABOVE, THE CONTRACTOR MAY ELECT TO ASSESS THE PAST DUE AMOUNT INTEREST OF ONE AND ONE HALF PERCENT (1.5%) PER MONTH/18% PER ANNUM FROM THE DATE THE PAYMENT IS DUE AT COMPLETION UNTIL PAID. ALL AMOUNTS PAID WILL BE FIRST APPLIED TO PAST DUE AMOUNTS, THEN TO INTEREST. CONTRACTOR RETAINS ANY AND ALL OTHER RIGHTS UNDER THE CONTRACT.

DELAYS. THE CONTRACTOR IS NOT LIABLE FOR DELAYS IN THE PERFORMANCE OF THIS CONTRACT DUE TO A DELAY IN THE DELIVERY OR SHIPMENT OF GOODS OR ANY DAMAGES SUFFERED BY OWNER BY REASON FOR SUCH DELAY OR WHEN ANY DELAY IS DIRECTLY OR INDIRECTLY CAUSED BY OR ARISES FROM FIRE, WIND, FLOOD, ACCIDENT, CIVIL UNREST, PANDEMIC OR PUBLIC, NATIONAL, INTERNATIONAL HEATH CRISIS, SUPPLY CHAIN ISSUES, BACKORDER, BACKLOG, UNANTICIPATED WEATHER CONDITIONS, ACTS OF GOD, WAR, GOVERNMENTAL INTERFERENCE, EMBARGOS, STRIKES, LABOR DIFFICULTIES, SHORTAGE OF LABOR, SHORTAGE OF FUEL, SHORTAGE OF POWER, SHORTAGE OF MATERIALS, SHORTAGE OF SUPPLIES, TRANSPORTATION DELAYS OR ANY OTHER CAUSE BEYOND CONTRACTOR’S CONTROL. THE OWNER IS RESPONSIBLE FOR DAMAGES DUE TO DELAYS DUE TO THE OWNER’S NEGLIGENT AND NON-NEGLIGENT ACTS AND ALL OMISSIONS BEYOND THE CONTRACTOR’S CONTROL. CONTRACTOR SHALL ALSO NOT BE RESPONSIBLE FOR CLAIMS ARISING OUT OF DAMAGES TO PERSONS OR PROPERTY OCCASIONED BY OWNER OR HIS/HER/ITS AGENTS, THIRD PARTIES, ERRORS OF OTHER CONTRACTORS, DELAYS OF OTHER CONTRACTORS, THE SITE BEING UNAVAILABLE OR UNPREPARED FOR CONTRACTOR, ACTS OF GOD OR OTHER CAUSES BEYOND CONTRACTOR'S CONTROL. WHEN SUCH DELAYS BEYOND CONTRACTOR’S REASONABLE CONTROL OCCUR, OWNER AGREES CONTRACTOR IS NOT RESPONSIBLE IN DAMAGE NOR SHALL CONTRACTOR BE DEEMED TO BE IN DEFAULT OF THIS CONTRACT. OWNER SHALL HOLD CONTRACTOR COMPLETELY HARMLESS FROM, AND SHALL INDEMNIFY CONTRACTOR FOR, ALL COSTS, DAMAGES, LOSSES, AND EXPENSES, INCLUDING JUDGMENTS AND ATTORNEY FEES, RESULTING FROM CLAIMS ARISING FROM CAUSES ENUMERATED. IN THE EVENT THAT CHANGES ARE MADE IN THE PLANS OR SPECIFICATIONS BY OWNER OR BY ANY OTHER PERSON OTHER THAN CONTRACTOR, WHICH CHANGES AFFECT CONTRACTOR’S WORK, ANY AND ALL LIABILITY FOR SUCH CHANGES UNLESS OWNER GIVES CONTRACTOR PRIOR WRITTEN NOTICE OF SUCH CHANGES AND CONTRACTOR CONSENTS IN WRITING TO SUCH CHANGES. OWNER INDEMNIFIES CONTRACTOR AGAINST ANY AND ALL LIABILITY, LOSS, COSTS, DAMAGES, FEES OF ATTORNEYS AND OTHER EXPENSES WHICH CONTRACTOR MAY SUSTAIN OR INCUR AS A RESULT OF SUCH UNCONSENTED CHANGES.

TERMINATION. THE CONTRACTOR MAY TERMINATE THE CONTRACT IF THE WORK IS STOPPED FOR A PERIOD OF 15 DAYS THROUGH NO ACT OR FAULT OF THE CONTRACTOR 

LIEN. IF CONTRACTOR IS NOT PAID WHEN DUE, CONTRACTOR MAY EXERCISE ALL RIGHTS UNDER THE LAW.

INSURANCE. BEFORE COMMENCING THE WORK, THE CONTRACTOR SHALL PURCHASE, MAINTAIN, AND PRODUCE COPIES OF ANY APPLICABLE LIABILITY INSURANCE FOR ANY CLAIMS ARISING OUT OF ITS OPERATIONS UNDER THIS CONTRACT, WHETHER THE OPERATIONS ARE BY THE CONTRACTOR. SUCH COVERAGE SHALL BE ADEQUATE TO PROTECT AGAINST LIABILITY FOR PROPERTY DAMAGE, BODILY INJURY OR DEATH DUE TO PERFORMANCE OF THIS CONTRACT OR ARISING OUT OF ACCIDENTS OCCURRING IN OR AROUND THE PROPERTY, IN A MINIMUM AMOUNT OF NO LESS THAN ONE MILLION AND 00/100 DOLLARS ($1,000,000). THE CONTRACTOR SHALL MAINTAIN DURING THE LIFE OF THIS CONTRACT AS A MATERIAL PROVISION OF THIS CONTRACT. THE CONTRACTOR SHALL ALSO TAKE OUT AND MAINTAIN DURING THE LIFE OF THIS CONTRACT, WORKERS’ COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE FOR ALL EMPLOYEES IN STRICT COMPLIANCE WITH STATE LAWS AS A MATERIAL PROVISION OF THIS CONTRACT. 

AGENCY RELATIONSHIP. THE CONTRACTOR PRESUMES THAT THE ARCHITECTS, ENGINEERS, AND OTHER CONSULTANTS UNDER SUCH ARCHITECTS AND ENGINEERS WHICH ARE HIRED BY THE OWNER, HAVE THE AUTHORITY AND WILL ACT AS THE OWNER’S AGENT. 

CHANGE ORDERS. CONTRACTOR AND OWNER AGREE THAT ANY CHANGES TO THE ABOVE REFERENCED WORK SHALL BE MADE PURSUANT TO A WRITTEN CHANGE ORDER SIGNED BY BOTH PARTIES BUT OWNERS SHALL BE LIABLE FOR RECEIPT OF IMPROVEMENTS OR BENEFITS IN THE EVENT THAT THE PARTIES DO NOT SIGN A CHANGE ORDER. 

CONTRACT ADMINISTRATION. THE OWNER AGREES THAT ANY AND ALL CHANGE ORDERS OR REQUESTS FOR CHANGE ORDERS WILL BE HANDLED DIRECTLY WITH THE CONTRACTOR, AND OWNER AGREES NOT TO NEGOTIATE NOR CONTRACT DIRECTLY WITH CONTRACTOR’S SUBCONTRACTORS OR EMPLOYEES. KEITH AND MELISSA MORRIS ARE THE ONLY REPRESENTATIVES OF CONTRACTOR THAT MAY MODIFY THE AGREEMENT AND NO CONVERSATIONS, NEGOTIATIONS, DIRECTION, OR MODIFICATIONS SHALL BE MADE WITH EMPLOYEES OR OTHER PARTIES ON BEHALF OF CONTRACTOR. OWNER SHALL BE LIABLE FOR DIRECTED CHANGES AND PAYMENT THEREFORE IF MADE TO ANYONE ELSE ON BEHALF OF CONTRACTOR.

CLAIMS AND DISPUTES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEFORE A DISPUTE OR CLAIM BETWEEN THE PARTIES MAY BE ARBITRATED OR BROUGHT IN LITIGATION, THE PARTIES MUST FIRST PURSUE MEDIATION IN GOOD FAITH IF THE PARTIES CANNOT RESOLVE BETWEEN THEMSELVES, WHICH INCLUDES ANY DISPUTE ABOUT WHETHER THE DISPUTE SHOULD BE MEDIATED OR ANY ASPECT OF THIS. BOTH PARTIES WILL EACH MAKE REASONABLE EFFORTS IN THE MEDIATION TO RESOLVE ANY DISPUTE THROUGH A MUTUAL AGREEMENT. THE PARTIES WILL EACH BEAR ANY OWN ATTORNEYS' FEES AND COSTS IN MEDIATION, AND WILL EQUALLY SHARE THE MEDIATOR'S FEES AND EXPENSES. ANY MEDIATION SHALL TAKE PLACE IN MONTROSE COUNTY, COLORADO EITHER IN PERSON, PHONE OR ZOOM/WEBEX.

INDEMNIFICATION. THE OWNER WILL INDEMNIFY CONTRACTOR AND ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS AND PERMITTED ASSIGNS AGAINST ANY LAWSUIT, CLAIM, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS' FEES, COURT OR ARBITRATION COSTS, AND ANY JUDGMENT) WHICH RESULTS FROM THE ACTS OR FAILURES TO ACT BY THE OWNER, INCLUDING ANY ALLEGED OR PROVEN MISCONDUCT OR NEGLECT BY THE OWNER.

SUCCESSORS AND ASSIGNS. THE OWNER AND CONTRACTOR RESPECTIVELY BIND THEMSELVES, THEIR PARTNERS, SUCCESSORS, ASSIGNS AND LEGAL REPRESENTATIVES TO THE OTHER PART HERETO AND TO PARTNERS, SUCCESSORS, ASSIGNS AND LEGAL REPRESENTATIVES OF SUCH OTHER PARTY IN RESPECT TO COVENANTS, AGREEMENTS AND OBLIGATIONS CONTAINED IN THE CONTRACT DOCUMENTS. NEITHER PARTY TO THE CONTRACT SHALL ASSIGN THE CONTRACT AS A WHOLE WITHOUT WRITTEN CONSENT OF THE OTHER, AND NO WARRANTIES SHALL TRANSFER. IF EITHER PARTY ATTEMPTS TO MAKE SUCH AN ASSIGNMENT WITHOUT SUCH CONSENT, THAT PARTY SHALL NEVERTHELESS REMAIN LEGALLY RESPONSIBLE FOR ALL OBLIGATIONS UNDER THE CONTRACT.

WRITTEN NOTICE. WRITTEN NOTICE SHALL BE DEEMED TO HAVE BEEN DULY SERVED IF DELIVERED IN PERSON TO THE INDIVIDUAL OR A MEMBER OF THE FIRM OR ENTITY OR TO AN OFFICER OF THE CORPORATION FOR WHICH IT WAS INTENDED, OR IF DELIVERED AT OR SENT BY REGISTERED OR CERTIFIED MAIL TO THE LAST BUSINESS ADDRESS KNOWN TO THE PARTY GIVING NOTICE.

RIGHTS AND REMEDIES. DUTIES AND OBLIGATIONS IMPOSED BY THE CONTRACT DOCUMENTS AND RIGHTS AND REMEDIES AVAILABLE THEREUNDER SHALL BE IN ADDITION TO AND NOT A LIMITATION OF DUTIES, OBLIGATIONS, RIGHTS AND REMEDIES OTHERWISE IMPOSED OR AVAILABLE BY LAW. NO ACTION OR FAILURE TO ACT BY THE OWNER OR CONTRACTOR SHALL CONSTITUTE A WAIVER OF A RIGHT OR DUTY AFFORDED THEM UNDER THE CONTRACT, NOR SHALL SUCH ACTION OR FAILURE TO ACT CONSTITUTE APPROVAL OF OR ACQUIESCENCE IN A BREACH THEREUNDER, EXCEPT AS MAY BE SPECIFICALLY AGREED IN WRITING.

ENTIRE AGREEMENT; AMENDMENT; ENFORCEABILITY; INTERPRETATION. THE CONTRACT DOCUMENTS EXPRESS THE ENTIRE UNDERSTANDING BETWEEN THE PARTIES AND IS THE ONLY AGREEMENT, PROMISE OR UNDERSTANDING ON WHICH THE PARTIES RELIED UPON IN PERFORMING THE DUTIES DESCRIBED. THE CONTRACT DOCUMENTS ARE ENFORCEABLE BY AND AGAINST EACH PARTY AND ANYONE ELSE WHO HAS OR WHO OBTAINS RIGHTS UNDER THE CONTRACT DOCUMENTS FROM EITHER PARTY. THE CONTRACT DOCUMENTS WILL BE INTERPRETED AND ENFORCED UNDER COLORADO LAW. NO PART OF THE CONTRACT DOCUMENTS SHOULD BE CONSTRUED AGAINST EITHER PARTY ON THE BASIS OF AUTHORSHIP. ANY UNENFORCEABLE PROVISION OF THE CONTRACT DOCUMENTS WILL BE MODIFIED TO THE EXTENT NECESSARY TO MAKE IT ENFORCEABLE OR, IF THAT IS NOT POSSIBLE, WILL BE SEVERED FROM THE CONTRACT DOCUMENTS, AND THE REMAINDER OF THE CONTRACT DOCUMENTS WILL BE ENFORCED TO THE FULLEST EXTENT POSSIBLE.

ATTORNEY FEES AND COSTS. SHOULD ANY LITIGATION BE COMMENCED BETWEEN THE PARTIES TO THIS CONTRACT CONCERNING ANY DISPUTE ARISING OUT OF THE CONTRACT, OR THE RIGHTS AND DUTIES TO EITHER PARTY IN RELATION THERETO, THE PARTY PREVAILING IN SUCH LITIGATION SHALL BE ENTITLED, IN ADDITION TO SUCH OTHER RELIEF THAT MAY BE GRANTED, TO A SUM AND FOR ITS REASONABLE ATTORNEYS FEES IN SUCH LITIGATION WHICH SHALL BE DETERMINED BY THE COURT IN SUCH LITIGATION OR IN A SEPARATE ACTION BROUGHT FOR THAT PURPOSE AS WELL AS COSTS INCURRED. 

UNDERSTANDING. EACH PARTY HAS READ AND CONSIDERED THE CONTRACT DOCUMENTS CAREFULLY, BELIEVES THAT PARTY UNDERSTANDS EACH PROVISION, AND HAS CONFERRED, OR HAS HAD THE OPPORTUNITY TO CONFER, WITH THE PARTY'S OWN ATTORNEY BEFORE EXECUTING THE CONTRACT DOCUMENTS.

VENUE. THIS CONTRACT SHALL BE DEEMED TO BE MADE IN AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF COLORADO. VENUE FOR ANY LITIGATION ARISING OUT OF THIS AGREEMENT SHALL BE IN MONTROSE COUNTY, COLORADO AS TO VENUE, JURISDICTION, INTERPRETATION, AND PERFORMANCE.

WAIVER. NO WAIVER OF ANY BREACH OF THIS CONTRACT SHALL BE HELD TO BE A WAIVER OF ANY OTHER OR SUBSEQUENT BREACH. ALL REMEDIES AFFORDED IN THIS CONTRACT SHALL BE TAKEN AND CONSTRUED AS CUMULATIVE, THAT IS, IN ADDITION TO EVERY OTHER REMEDY PROVIDED THEREIN OR BY LAW.