Thornburg Contract

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Instructions

On this spread sheet you will find four groups of information: Contractor, Client,
Contract, and Discount.

Everything in Blue or with a Blue Bullet point needs to have inputed information

Everything is Green is statick information that should not change

Everything in Orange indicates a formula that is automatically calculated

The first thing you need to do is save the contract under the new client name so that
any edits that you perform will only take effect in your contract.

Once you have saved it, then enter in your new data in the fields that need to be
changed.

After you have updated the fields then you need to proof read the contracts. All the
information in the contracts that is in BOLD BLUE type is linked to this page. If you
miss something on this page you will have an error on the contract.

If you find any errors in the contract language, please return to the master contract
and fix the error and save it as well as in your individual contract
Contractor Information

Contractor Name:
CCB #:

Contractors Phone

Contractors Address

Mailing Address

Client Information

Client Name

Client Address

Alternate Client Address (if applicable)

Contract Information

Contract Origination Date

RFBI Contract Representative

Job site Address

Contract Type

Job Type or Area to

Contracted Total Sum


Less Options and Allowance

Contracted Total

Project Deposit Percentage


Project Deposit
Project Commencement Date

Major Completion Date


Major Completion Payment Percentage
Major Completion Payment

Full Completion Date


Full Completion Payment Percentage
Full Completion Payment

The project should be complete in under

Coupon and/or Reimbursement Schedule

None
None
None

TOTAL

Payment Plan

Project Work Weeks


Progress Payments
Major Completion Payment
Final Completion Payment

TOTAL

CCB Notice and Change Order Default Settings

Contractor Signiture
Client Signiture
Dates

Owner

Owners Address

Work Ordered By
Property Address
Rupp Family Builders Inc.
201773

971 264 9392

32930 SW Ladd Hill Rd.


Wilsonville OR 97070

29030 SW Town Center Loop East


Suite 202 Box# 429
Wilsonville OR 97070

Steve Boender

399 NW Brynwood Lane


Portland OR 97229

N/A
N/A

2/2/2022

Estimator: Garrett Rupp

399 NW Brynwood Lane


Portland OR 97229

Fixed Price

Garage/Shop Addition

$283,978.37
$53,309.72

$337,288.09

20.00%
$56,800.00
Pending Permit Issuance (Assuming 3/07/2022 +/-) mm/dd/yyyy

N/A mm/dd/yyyy

Pending Permit Issuance (Assuming 7/13/2022 +/-) mm/dd/yyyy

90 Business Days

$0.00
$0.00
$0.00

$0.00

8
$280,488.09
$0.00
$0.00

$337,288.09 $283,978.37

(As signed by the Contractor Representative)


(As signed by the Client Representative)
(Date Signed on Final Page)

Steve Boender

399 NW Brynwood Lane


Portland OR 97229

Steve Boender
399 NW Brynwood Lane
Portland OR 97229
Intent to Work Agreement
I. Client:
Steve Boender

(Client) hereby intend to hire Rupp Family Builders Inc.


to complete the project described in the Project Totals Report(s) and Approved Drawings.
Defined terminology is listed in the Construction Contract.

Deposit Amount: $25,505.51 ($1,500.00 already received)

In the event the Client cancels the project prior to the Commencement Date, the Contractor
may bill Client for Project Planning at a rate of $55.00 per hour, plus any additional goods,
services, and/or products delivared up to the date of cancelation.

The Construction Agreement dated 6/03/2015 is for pre-liminary project planning and bank
financing only and is not representitve of the final contract between the Client and the
Contractor. The Client reserves the right to alter the scope of work post fiancing approval and in
conjunction with the required change order documentation. At such time, prior to project
commencment, the Client will be provided with a final PTR and a revised contract.

Except for any potential Project Planning costs, all money received from Client by Contractor for
this project, will be applied directly to the project as it is outlined in the PTR(s) and Change
Order(s).

II. Contractor
Upon receipt of this agreement with the appropriate deposit Rupp Family Builders Inc.
agrees to commence any and all work necessary to prepare for and complete the project
described in the Project Totals Report and/or Approved Drawings.

If Client agrees to the terms of this agreement please sign and return the agreement to the address below, along with the
deposit payment.

Contractor Signiture Title Date

Client Signiture Date


Date: 2/2/2022

To: Steve Boender

From: Rupp Family Builders Inc.


Representative: Estimator: Garrett Rupp

Construction Contract

This Contract is effective as of (date signed by Representatives) by and between:


Rupp Family Builders Inc.
“Contractor”, with a principal place of business located at:
32930 SW Ladd Hill Rd.
Wilsonville OR 97070
And mailing address at:
29030 SW Town Center Loop East
Suite 202 Box# 429
Wilsonville OR 97070
And , “Client”, located at:
Steve Boender
399 NW Brynwood Lane
Portland OR 97229

The Contractor agrees to perform services and supply materials for the Client as described set forth
in more detail in the “Scope of Work", "Approved Drawings", "Change Orders", which is/are
hereby incorporated into this Contract. The Client shall pay the Contractor the base contract sum
of :
$337,288.09 [as specified in more detail in Scope of Work],

as may be amended by the parties, for the Contractor’s performance of the Contract.
This Contract shall be a: Fixed Price

Client Initial______
Page 10
Date______
Project Cost, Payment Summary & Project Time Line

Total Project Costs $283,978.37

Framing and Siding Materials $53,309.72

Total $337,288.09

Summary of Project Payment Schedule


See Section 4: Compensation/Payment Terms for specific payment terms.

Project Deposit $56,800.00


Due upon the Client’s execution of this Contract. Contract is not ratified unitl the deposit is
received.

Progress Payments
Progress billings will be issued in accordance with Section 4 of this Contract for (i) Completed
Work and (ii) deposits required of Contractor for materials or services ordered and will be
detailed via payment terms and schedule provided through BuilderTrend

Total of Progress payments $280,488.09


**Payment schedule will be listed in BuilderTrend once the project commences

Project Time Line

Commencment Date Pending Permit Issuance (Assuming 3/07/2022 +/-)


Major Completion Date N/A
Full Completion Date Pending Permit Issuance (Assuming 7/13/2022 +/-)

The Scope of Work should be complete in under 90 Business Days

Client Initial______
Page 11
Date______
Definitions. As used in this Contract
"Client." – Means Steve Boender

"Contractor." – Means Rupp Family Builders Inc.

"Allowances." – The Scope of Work includes items whereby the final cost has not yet been
deteremined and thus a cost estimate known as an "Allowance" has been provided for the item
to arrive at a total project cost subject to Client's reasonable approval. If the Contractors actual
cost incurred for the item is greater or less than the Allowance, the Clients project cost will
increase or decrease accordingly, by the delta between the Allowance and the actual cost of the
item. Contractor to update the Client on the Allowance totals as they are approved.

"Approved Drawings." - Are:


· The final plans and specification that are approved by the local code enforcement jurisdiction
(if required), and must be signed by both the Contractor and Client before construction begins.
· Other plans, specifications, schematics and word descriptions of the Work Product as
described in the Scope of Work and Change Order(s).
· Any plan, specification, schematic, word descriptions, etc – upon which the Contractor or Client
is relying upon to ensure the Work Product adequately reflects the work described in the Scope
of Work and Change Order(s), and must be signed by both the Contractor and Client before
construction begins.
· Clients signature does not relieve the contractor of any duty or responsibilty under this
Contract. Client has no responsibilty for the means, methods, techniques, or any other element
of the Contactor's work and services.

"Options" – Options are included in the Scope of Work and represent items that are outside the
cost of this contract. The Client must select an Option for completion and all Options are billed
consistent with the terms of this Contract. The Clients election of an Option will be documented
in writing through a Change Order signed by both the Client and Contractor. The $250.00
Change Order fee does not apply to Options.

"Work Product" - Refers to all of the works of authorship, products, or services furnished or
provided by the Contractor and its employees, on behalf of the Client during the term of this
Contract and more fully described in the Project Totals Report(s), Approved Drawings and
Change Order(s).

"Scope of Work or SOW" – The document attached herein that describes all the work that is
included to be completed under this contract and the total cost of said work.

“Change Order” – Refers to changes to the project as described in the SOW and Approved
Drawings. Changes to the project that effect, one or all of, the materials, labor, and time
schedule of an existing SOW item may result in increased or decreased costs. All Change
Orders shall be signed by both the Contractor and Client, prior to commencement of said work
by the Contractor. See the Change Order Contract.

Client Initial______
Page 12
Date______
“Major Completion” – Refers to the major completion of all the Work Product of the SOW,
Approved Drawings and Change Order(s), and only minor finish items remain. The area is fully
functional and only lacking minor cosmetic items such as (but not limited to): touch up paint,
minor hardware items, punch list items. Major completion approval from the Client will not be
reasonably withheld.

“Major Completion Date” – The date upon which the Contractor warrants Major Completion of
the SOW, Approved Drawings and Change Order(s) will be completed to industry tolerances.
Contractor and Client to perform a walk through in review of Major Completion for Client
Approval and sign off of completion.

Definitions. As used in this Contract (Cont.)


“Full Completion” – Refers to 100% completion of the SOW, Approved Drawings and Change
Order(s) to the Clients satisfaction, including minor finish items, minor hardware items, cosmetic
items and punch list items.

“Full Completion Date” – The date upon which the Contractor warrants Full Completion of the
SOW, Approved Drawings and Change Order(s) will be completed to industry tolerances.

"Independent Contractor" - The Contractor is an independent contractor in the performance of


this Contract. Neither the Contractor, the Contractor’s employees, or Subcontractors will
become the agent, representative or employee of the Client and no express or implied
representations to the contrary will be made.

“Completed Work” – Refers to having completed the work described in the SOW. Work can be
both partially and fully complete.

“Substantial Work” – Refers to work performed on the job site by one or more trades that
leads to the completion of the project. The work must have taken place in three out of the last
five consecutive business days.

“Project Planning” – Labor time spent by Contractor in selecting, specifying, estimating,


designing, confirming or otherwise organizing the commencement of the work specified in the
SOW.

“Commencement Date” – The date physical construction begins on the Client job site.

“Project Timeline” – Details the project Commencement Date, Major Completion Date, and
Full Completion Date.

Client Initial______
Page 13
Date______
Terms and Conditions
1). Contractor Commitment. The Contractor agrees to provide all the labor, materials, services and tools necessary to
complete the SOW and Approved Drawings included herein, except to the extent specifically indicated in this Contract to
be the responsibility of others.
2). Contractor's Warranties

2.1 The Contractor warrants that in carrying out the services described in this Contract, Contractor will use the highest
degree of workmanship, technical practices, skills, procedures, care and judgment in accordance with industry standards
as set forth by the , Residential Construction Performance Guidlines, NAHB. The assignments will be performed in an
expeditious and economical manner consistent with the project’s best interests, and the Contractor will at all times
cooperate with the Client so as to further the project’s best interests.

2.2 The Contractor warrants to provide the Work Product as more fully described in the SOW, Approved Drawings and
Change Order(s) to the specifications mutually agreed upon between the Client and the Contractor.

2.3 The Contractor warrants to providing the project services in a timely fashion. Time is of the essence. The Contractor
is not responsible for project delays caused by Force Majeure, and/or Client caused delays.

2.4 The Contractor warrants all Work Product(s) for one year from the date of Major Completion. All manufactured
products installed by the Contractor are warranted by their respective manufactures with no express or implied liability for
product malfunction made by Contactor. Other than as specified in this Section 2.4, Contractor makes no other warranty,
representation or guarantee, whether express or implied, and such are expressly disclaimed unless investigation
otherwise determines the Contractors responsibility. Contractor's warranty period does not limit the manufacturer or
supplier warranties.

2.5 The Contractor agrees to cure any manufactured product malfunction that occurs within the product warranty period
that is a result of faulty or improper installation of said product.

2.6 The one year warranty period specifed in section 2.4 is not applicable to any structural or other construction defects
and Oregon Law will apply in such cases.

2.7 This warranty is non-transferable and only exists between the Contractor and the original Client as signed and dated
herein. Furthermore, this warranty covers only the work performed described in the attached SOW, Approved Drawings,
and/or Change Orders.

3. Approvals. The Contractor can and, upon the Client’s request, will submit a preliminary and/or a final draft of any
Work Product for approval to the Client before construction (or a portion of the construction); this includes any changes or
substitutions. The Client will approve the final draft in writing. Once the final draft is approved by the Client, the Client
then assumes the responsibility that the contents of the final draft are correct and accurate as production or construction
begins. Client's review constitutes full acceptance and approval by the Client of materials to be used and all associated
costs if such exist. Provided, however, Client's review and approval for payment of any Work Product or Change Order
shall not relieve Contractor of its responsibilities to fully and properly perform the Scope of Work in accordance with the
standards of care set forth this Contract and Oregon Law

4. Compensation / Payment Terms.


4.1 Compensation is based solely on the Scope of Work and any subsequent Change Orders.

4.2 Contractor shall provide a payment schedule congruant with the project start and end dates (Project Duration) set
forth in this contract and reasonable with the time and work to be completed. The payment schedule is typically posted
during the first week of on site work, Client has no obligation to make further payments in the absence of a payment
schedule being posted.

Client Initial______
Page 14
Date______
4.3 Client shall remit payment to the Contractor within 3 business day of the scheudled date as set forth in the payment
schedule

4.4 All payments must be made when due, time being of the essence. Late payments shall be subject to interest at a rate
of .75% a month (9% per annum). Payments will be halted if production is delayed for any reason and will then resume
the week that production resumes.

4.5 Client’s failure to make timely payments, when due, constitutes a material breach under this Contract which permits
Contractor, without waiving any other rights or remedies under this Contract or at law, to suspend Work until all payments
due have been received less any amounts reasonably withheld by the Client for items not yet delievered or complete.

4.6 Final payment shall not be due, and released by Client, until the Contractor submits to the Client: a) executed
unconditional releases and waivers of liens for which payments have been made; b) conditional releases for payments
not yet received, data establishing payment or satisfaction of all obligations arising out of this Contract; and c) the
following requirements have been met:

i. Contractor has completed the entire Scope of Work and any Change Orders;
ii. All punchlist items have been completed to the Client's satisfaction;
iii. All required inspections have been passed and completed;
iv. the Certificate of Occupancy (if required) has been obtained;
v. Contractor has delivered all materials and manufacturer warranties;
vi. Contractor has delivered a final set of as-built plans, OEM manuals, and any other closeout documents;
vii. Client agrees in writing that Full Completion has been met.

4.7 The Parties agree to waive any requirements for ORS 701.420 (regarding establishing interest-bearing escrow
accounts on contracts over $500,000) as between themselves that would otherwise apply.

5. Change Orders & Additional Work Authorization. (see Change Order Contract)

6. Customer design responsibility clause. At no time shall Contractor, its agents, and/or employees be held
responsible for any Client dissatisfaction in design. This can include, but is not limited to dissatisfaction in color, texture,
smell, shape, size, or layout of owner provided or selected materials. This also includes the Approved Drawings and their
details. In the event that the Client is unhappy with the Approved Drawings after signing this contract, it will be the Client’s
responsibility to approve the necessary changes and any changes will be assessed as a Change Order (see section 5).
Any structural or engineering elements missing from the plans hereafter will be the liability of the designer and/or the
engineer and will be performed at their expense. Notwithstanding the foregoing, Contractor shall verify all the
measurements on any Approved Drawings and notify the Client of any deviations that might exist between the Approved
Drawings and the actual space.
7. Full Disclosure Agreement. Contractor is bound by law to full disclosure. Any materials found to be defective by any
agent/employee of Contractor during the work process will be reported to all the individuals that have interest in the Work
Product. “The Individuals” may include, but are not limited to, Client, product owners, product buyers, seller’s agents,
buyer’s agents, and/or brokers.

8. Delays

8.1 Client Caused Delays. A Client caused delay is when the Client makes a decision or is in control of a job item that
halts the Contractors progress. This can include, but is not limited to inaccuracy/incompatibility in Client provided
material. This does not include, Client rejection of Contractor work that does not conform to Section 15 Conformance with
SOW, Approved Drawings and Change Order(s).

8.2 For Client caused delays, Client agrees to pay Contractor liquidated damages; to be negotiated at the time of the
delay if needed at all. "Occurance" shall mean a separate event resulting in a Client caused delay. In the event that
Client provides Contractor with five (5) days notice of a Client caused delay to Contractor, there shall be no liquidated
damages paid to Contractor.

8.3 If a Client caused delay results in a delay of the completion dates of the project then the Major and/or Full Completion
Dates will be amended accordingly (in writing and signed by Client and Contractor) based on the delay at no cost to the
Contractor

8.4 Contractor Caused Delays. A contractor caused delay is when the Contractor makes a decision or is in control of a
job item that halts progress. This can include, but is not limited to inaccuracy/incompatibility in Contractor provided
material.

Client Initial______
Page 15
Date______
8.5 Contractor shall complete the project in accordance with the date/schedule set forth in the Project Timeline labeled as
the Full Completion Date, subject to time extensions as permitted under this Contract, including without limitation Force
Majeure events and Client caused delays.

8.6 If the project as described in the SOW(s), Approved Drawings and Change Order(s) is not completed within seven (7)
working days of the Final Completion Date, the Contractor agrees to pay liquidated damages to the Client. The liquidated
damages will be the Clients quantifiable incremental costs related to the delayed project completion and negotiated at the
time of the delay

8.7 Rain Delays (Applies to Exposed Construction Only). In the event of excessive rain Contractor will maintain wood
moisture content no greater 20% prior to installation of insulation and drywall. Contractor will be responsible for returning
the moisture levels by any reasonable means. Rain, as a natural act, will not constitute any additional expenses, fines or
penalties on the part of the Contractor over and above the cost of maintaining the moisture levels.

9. Client Reasonable Responsibility Clause. The Client recognizes that they are responsible for any pet, child, and/or
fragile and valuable items in the work area. It is the Client’s responsibility to keep such beings and belongings clear of the
work areas during the projects duration. Once materials are installed the Client will be responsible for damages and/or
losses not the result of acts of the Contractor, its employees, or subcontractors.

10. Contractor Damage. The Contractor shall make all reasonable efforts to protect the Client’s property from damage.
The Contractor shall be responsible for all damage to the Client’s property resulting from negligent acts of the Contractor,
its employees, or subcontractors which are not the result of the Client’s act or omission.

11. Pre-Existing Condition Clause. Contractor is not responsible for any damage that is a result of a pre-existing
condition. All materials and structures present before construction are not the responsibility of the Contractor in integrity
or compatibility with new materials and structures to the extent such pre-existing conditions were not known to Contractor
and could not have been reasonably discovered by Contractor prior to performing the, and are not contained in, the SOW.
Such things may include, but are not limited to: Concrete cracks due to materials staging or vehicle parking, damage to
existing plumbing and electrical caused by new systems wearing out the old, stress damage to old drywall, etc. In
addition, Contractor shall not be responsible for any pre-existing hazardous materials and Client shall indemnify and hold
Contractor harmless from and against any claims, liability and damages arising out of or in connection with any pre-
existing hazardous materials. Pre-existing hazardous materials shall be those existing at the Project site prior to
Contractor’s commencing work at the site. Moreover, Contractor shall not be responsible for any subsurface or otherwise
concealed physical conditions and shall be entitled to a change order adjusting the cost and time for performance relating
to same.

12. Term of Contract. This Contract will commence as of the date set forth above and remain in full force and effect until
Full Completion, terminated or otherwise brought to conclusion through the Dispute Resolution plan set forth in the
General Provisions.

13. General Provisions

13.1 Dispute Resolution. In the event of a dispute relating to a Contractor default, the Client must allow the Contractor
fifteen (15) Business days to correct the issue upon receiving written notice from the Client detailing the default. If
Contractor fails to cure the default within 15 days (or such additional time as may be reasonably necessary to cure), the
Client may elect (in writing) to terminate the Contract. All remaining balances on Completed Work must be paid in
accordance with Section 4. Payment/Compensation Terms

13.2 Unless Client/Owner otherwise elects litigation, all disputes shall be resolved via binding arbitration with Arbitration
Service of Portland ("ASP"). The parties agree to use a single arbitrator regardless of the claim amount and agree to
conduct discovery under the Oregon Rules of Civil Procedure, in addition to applicable ASP rules.

13.3 If Contractor wishes to terminate the Contract due to Client’s failure to make timely payment when due for work
performed, the Client shall have 7 days to cure such failure to pay following Contractor’s written notice specifying such
failure.

Client Initial______
Page 16
Date______
13.4 The Client may terminate the Contract if the Contractor: 1) refuses or fails to supply properly skilled workers or the
proper materials; 2) fails to make proper or timely payment to subcontractors for materials or labor; 3) disregards
applicable laws, statutes, ordinances, codes, rules or regulations, or lawful orders of a public authority. When any of the
foregoing reasons exists, the Client may without prejudice to any other rights or remedies of the Client, may terminate the
employment of the Contractor afer its failure to correct any deficeinies within (7) days' of delivering (7) days' written notice
to correct and may: a) take possession of the site and of all materials thereon owned by Client via this contract; and b)
finish the Scope of Work by whatever reasonable methods the Client may deem expedient. In the event of such
termination, Contractor shall not be entitled to further payment until the Scope of Work is finished and, notwithstanding
any other provision of this Contract, Contractor shall be liable for Clients' excess costs and other damages incurred in
completing the Scope of Work. This obligation for payment shall survive the termination of the Contract.

13.5 Costs of Litigation. In the event any action is brought to enforce this Contract, the substantially prevailing party will
be entitled to recover its costs of enforcement including, without limitation, reasonable attorneys' fees and court costs,
and damages in the form of lost wages or other expenses incurred as proved with justifiable evidence (Receipts, Time
Journals, etc.)

13.6 Notices. All notices and demands will be in writing.

13.7 All Amendments in Writing. No waiver, amendment or modification of any provisions of this Contract will be effective
unless in writing and signed by a duly authorized representative of each party. Email and Text confirmation by either party
constitutes "In Writing".

13.8 Force Majure. Neither party will be responsible for delays or failure of performance resulting from acts beyond the
reasonable control of such party. Such acts will include, but not be limited to, acts of God, strikes, walkouts, riots, acts of
war, epidemics, power failure(s), earthquakes, or any other natural disaster.

13.9 Entire Agreement. This document, the Intent to Work Agreement, SOW(s), Approved Drawings and Change Orders,
constitutes the Entire Contract between the Contractor and the Client concerning this project, and replaces all previous or
contemporaneous communications, representations, understandings, and agreements, whether verbal or written between
the parties to this contract or their representatives. No representations or statements of any kind made by either party,
which are not expressly stated in the Entire Contract, will be binding on such parties.

14. Survey, Permits, Taxes, and Regulations. The Client shall provide and pay for an adequate survey and plot plan of
the property if required by Contractor. The Contractor shall obtain, on behalf of the Client, all permits and approvals
necessary to commence and complete construction. The Client shall reimburse the Contractor for any fees, permit fees,
special taxes, and/or assessments assumed by the Contractor for working in the Client’s municipality or jurisdiction.

15. Conformance with SOW(s), Approved Drawings, and Change Order(s)

15.1 All necessary plans for project completion that are included as Work Product through the SOW(s) from the
Contractor are the property of the Contractor and are intended solely for their use and shall not be reproduced in any
capacity without Contractor’s prior express written consent. Contractor will coordinate all inspections for the Client.
Should the local jurisdiction require further engineering or changes to plans, the Client will be billed for this additional
work as a Change Order.

15.2 The Client understands that the SOW(s), Approved Drawings and Change Order(s) are the best representation of
the Work Product. However, the Client also understands that the final Work Product may vary in: methods of attachment,
dimensions within a tolerance of +or- 1 inch, connection details and/or specific finish details, from these plans. Any
variation of the final Work Product from the SOW(s), Approved Drawings and Change Order(s), that is substantial or
beyond industry standards, will be brought to the attention of the client prior to final installation. Any changes to the
SOW(s), Approved Drawings or Change Order(s), will require a signed Change Order.

15.3 All workmanship shall conform to the guidelines found in the publication Residential Construction Performance
Guidelines for Professional Builders and Remodeler's, National Association of Home Builders, 2005. If an item is not
covered in that publication, standard industry practice shall govern. All local, County, and State Codes shall have
precedent over any publication on standards of installation or quality.

Client Initial______
Page 17
Date______
15.4 Contractor will, at Client’s expense, provide Client with a copy of this booklet upon request or Client may purchase
one at www.buildersbooks.com

15.5 Client is responsible for removal of any landscaping that is required for the setting up of scaffolding and the framing
and finish of this project. Although all possible care will be taken not to damage any existing landscaping or plants
Contractor shall not be responsible for such damage.

15.6 The Contractor shall be solely responsible for constructing or performing the work in accordance with the SOW(s),
Approved Drawings and Change Order(s). Any deviations from the SOW(s), Approved Drawings and Change Order(s)
that was not approved with the Contractor prior to commencement will require Change Orders described in Section 5.

15.7 Any deviations from the SOW(s), Approved Drawings and Change Order(s) arising from Client error will be
corrected at the expense of the Client and require a signed Change Order.

15.8 Any deviations from the SOW(s), Approved Drawings and Change Order(s) arising from Contractor error will be
corrected at the expense of the Contractor and require a signed Change Order.

16. Client Provided Materials Clause. Contractor is not responsible for any job outcomes or charges due to Client
provided materials. This can include but is not limited to changes in layout, color, design, etc that result in an unfavorable
outcome or additional job charges. The Client accepts full responsibility for any results or final costs that Client’s materials
may produce.

17. Insurance. Contractor will maintain typical general liability, vehicle, and workers compensation insurance to perform
work at the project address. Standard coverage includes insurance (including ongoing and completed operations
coverage) in amounts of not less than $1,000,000 occurrence / $2,000,000 aggregate. The Client recognizes the need
that for their own protection of their proprty they need to notify their insurance carrier of the work to be completed and to
increase all policies to include the size and value of the work that is to be completed in amounts required by Oregon law.
Contractor shall maintain its general liability coverages through the duration of the applicable period of repose.

18. Licensing. Contractor represents and warrants that it is properly licensed and endorsed for the work described in the
SOW and will maintain such licensure and any necessary endorsements throughout the course of its work and any
warranty or correction work at the site. Contractor shall cure any licensing laps immediately upon discovery.

19. Mold. Whether or not you as a Client experience mold growth depends largely on how you manage and maintain your
home. The Contractor’s responsibility is limited to things we can control. As explained in our written warranty in the above
section, we will repair or replace defects in our work for a period of one year from Full Completion. Contractor will not be
responsible for any damages caused by mold that may be associated with defects in construction or design to include but
not be limited to property damage, personal injury, loss of income, emotional distress, death, loss of use, loss of value,
and adverse health effects or any other effects. To the extent not caused by Client’s failure to properly maintain the
project/home, Contractor will repair and/or replace only construction related elements in the event of mold damage;
sheetrock, flooring, structural members, etc.

20. Job Site Policies. These policies must be followed on the job site at all times by the Contractor, the Contractors
employees and sub-contractors hired by the Contractor.

20.1 Smoking will be done across the street or at the personal vehicle of the sub-contractor or employee.

20.3 There will be no illegal drugs or alcoholic beverages of any kind in or around the jobsite. No individual shall perform
work while under the influence of drugs (whether legal or illegal) or alcohol. Violation of this will result in immediate
dismissal of the offending employee or sub-contractor and may be grounds for termination of the contract by the Client.

21. All utilities that are available at the site that may be needed for construction may be used by the Contractor at the
Client’s expense. In the event that a generator is needed for construction, the Contractor will provide one until the set time
that permanent utilities are available in the Client’s name.

Client Initial______
Page 18
Date______
20. The Contractor and Client waive the right to make claims against each other for consequential damages arising out of
or relating to this Agreement. Provided, however, this limitation shall not apply to limit Client's claims for loss of use
damages and repair costs arising from construction defects, to Owner indemnity claims, or to any damages
(consequential or not) covered under the terms of any insurance policy.

21. Contractor's Indemnity. To the fullest extent provided by law, Contractor agrees to defend, indemnify, and hold
harmless Client, Client's officers, directors, employees and agents, from and against third party claims, damages, losses,
and expenses, including but not limited to attorney fees, arising out of or resulting from the performance of the Scope of
Work, including without limitation claims for bodily injury, sickness, disease or death, or injury to or destruction of tangible
property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, its
subcontractor(s), anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless
of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder.

Client Initial______
Page 19
Date______
CCB Notifications

Client Initial______
Page 20
Date______
CONTRACTOR: CCB#: 201773
Rupp Family Builders Inc.
(As signed by the Contractor Representative) (Date Signed on Final Page)
Contractor Signature Date

CLIENT:
Steve Boender
(As signed by the Client Representative) (Date Signed on Final Page)
Signature Date

Client Initial______
Page 21
Date______
Client Initial______
Page 22
Date______
Job Site Address: 399 NW Brynwood Lane
Portland OR 97229

CONTRACTOR: CCB: 201773


Rupp Family Builders Inc.
(As signed by the Contractor Representative) (Date Signed on Final Page)
Contractor Signature Date

PROPERTY OWNER:
Steve Boender

Client Initial______
Page 23
Date______
(As signed by the Client Representative) (Date Signed on Final Page)
Signature Date

Client Initial______
Page 24
Date______
CONTRACTOR: CCB: 201773
Rupp Family Builders Inc.
(As signed by the Contractor Representative) (Date Signed on Final Page)
Contractor Signiture Date

PROPERTY OWNER:
Steve Boender
(As signed by the Client Representative) (Date Signed on Final Page)
Client Signiture Date

NOTICE OF RIGHT TO LIEN


(ORS 87.021)

Warning: Read this notice.


Protect yourself from paying any contractor or supplier
twice for the same service

To: Steve Boender (Date Signed on Final Page)


(Owner, Owners Agent) (Date of submittal)

399 NW Brynwood Lane


Portland OR 97229
(Owner's Address)

This is to inform you that (Name of Contractor):


Rupp Family Builders Inc.
has begun to provide one or more of the following: Labor, Materials, and Services for the
purpose of constructing or remodeling:

Garage/Shop Addition

Ordered by: Steve Boender


To property you own. The property is located at:
399 NW Brynwood Lane
Portland OR 97229

A lien may be claimed for all materials, equipment, labor, and services furnished after a date
that is eight days, not including Saturdays, Sundays, and holidays, as defined in ORS 187.010,
before this notice was mailed or given to you. Even if you or your mortgage lender has made full
payment to the contractor who ordered these materials or services, your property may still be
subject to a lien unless the supplier providing notice is paid.

THIS IS NOT A LIEN, it is notice sent or given to you for your protection in compliance with the construction
lien laws of the State of Oregon.

Client Initial______
Page 25
Date______
This notice has been sent to you by:
Name: Rupp Family Builders Inc.
Address: 29030 SW Town Center Loop East
Suite 202 Box# 429
Wilsonville OR 97070
Phone: 971 264 9392
(If you have any questions about this notice, feel free to call us.)

(See the next page for more important information)

Client Initial______
Page 26
Date______
Scope of Work
Also See BuilderTrend For Electronic Copy

Client Initial______
Page 27
Date______
Change Order Contract

Client, without invalidating the Contract, may order changes in the Scope of Work of the
Contract, consisting of additions, deletions or other revisions, and the Contract Sum and
Contract Time shall be adjusted accordingly, in writing. The Client and Contractor shall
acknowledge and agree on the terms and conditions of each Change Order in BuilderTrend
prior to the changed work commencing.

Potential Change Orders. The parties may utilize Potential Change Orders prepared by the
Contractor and signed by the Client and Contractor to expedite and facilitate performance of a
change in the Scope of Work within the general scope of the Contract, consisting of additions,
deletions, or other revisions, prior to incorporation into a Change Order. The following
requirements apply to Potential Change Orders:

.1 Client-Initiated Change Order Request. From time to time during the course of the work,
Client may request that the Contractor prepare a Potential Change Order for changes in the
Work. In such cases, Contractor shall provide Client and Consultant with a written Potential
Change Order within seven (7) days of Client's request (and in any case prior to Contractor
performing any such work or incurring any costs with respect to such changed work).

Client Initial______
Page 28
Date______
.2 Contractor-Initiated Potential Change Order. Contractor further has an ongoing obligation
to monitor the Scope of Work and conditions of the project, and anticipate potential changes in
the Scope of Work. In such case, and to the extent Contractor reasonably believes a change in
the Work is warranted, Contractor shall prepare a written Potential Change Order within seven
(7) days of discovering the conditions giving rise to the change (and in any case prior to
Contractor performing any such work or incurring any costs with respect to such changed work).

.3 Whether initiated by Client or initiated by Contractor, Contractor’s Potential Change Order


shall include detailed SOW changes, pricing or credits, and include proposed additions or
reductions to the Contract Time, in sufficient detail to allow Client (and any consultants) to fully
evaluate
.4 the potential
In all cases, costs and
fully executed potential
Potential impactOrders
Change on themust
project
be and schedule.into a fully
incorporated
executed Change Order to be included in Contractor's application for payment. Unless
otherwise approved by Client in the Change Order, fully executed Change Orders shall be billed
according to the
.5 Client and progressshall
Contractor of the specified
promptly work and
process and will not be
execute paid inOrders,
Change advance.provided a proper
Potential Change Order or Change Order Request has first been made in compliance with the
Contract Documents and approved by Client and Contractor.

Every Change Order may include multiple changes covered by the same change order fee
Time and materials rates are as follows:
O All labor, field and administrative: $95.00 per carpentry man hour
O All material costs
O All service costs. In house Plumbing rate of $125.00 an hour, In house Electrician rate of $125.00 an hour
O All applicable engineering and jurisdictional fee’s that apply

Client and Contractor agree to the Change Order Contract which is incorporated in and made part of the Contract documents for the project

(As signed by the Client Representative) (Date Signed on Final Page) Steve Boender
Client Signature Date Print Name

(As signed by the Contractor Representative) (Date Signed on Final Page) Estimator: Garrett Rupp
Contractor Representative Signature Date Print Name

In witness of this, the parties in this Agreement, by their respective dually authorized
officers or representatives, have each executed this Agreement, effective as of the date
signed below. This packet represents the entire agreement and supersedes all other
conversations, notes, or claims.

This Proposal may be withdrawn by the Contractor if not accepted within 15 days.

CONTRACTOR:
Rupp Family Builders Inc.

Client Initial______
Page 29
Date______
[X Date:
(Contractor Representative)

CLIENT:
Steve Boender

[X Date:
(Client Representative)

Client Initial______
Page 30
Date______

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