Terms of Contract

This is a contract for Construction Services. The Contractor “Key West Holdings Inc. DBA Monster Contractor” a Corporation in California, located at 4763 Ravenstone Way Sacramento California 95842. Hereby Contracts with the Client “See Estimate” (Name / Company) a “See Estimate” (Individual, Company, Partnership) in “See Estimate” (State). Which is located at ”See Estimate”(Address). Client and Provider have agreed to enter into this agreement on Date: “See Estimate”

 

Client may be referred to as “I”,”You”,”Owner”,”Tenant”

Contractor may be referred to as “We”,”Key West Holdings Inc.”,”Provider”

 

THE OWNER OR TENANT HAS THE RIGHT TO REQUIRE THE CONTRACTOR TO HAVE A PAYMENT AND PERFORMANCE BOND. YOU HAVE THE RIGHT TO CANCEL THIS TRANSACTION WITHOUT PENALTY OR OBLIGATION PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE ABOVE DATE.

 

Acknowledgment

The Client acknowledges the Contractor’s 2 Year Workmanship Warranty, Privacy Policy & Terms and Conditions as part of this Agreement.

2 Year Workmanship Warranty – https://monstercontractor.com/2-year-workmanship-warranty/

Privacy Policy – https://monstercontractor.com/privacy-policy/

Terms of Conditions – https://monstercontractor.com/terms-conditions/

 

Entire Agreement

This Agreement, including the attached exhibits, constitutes the entire agreement between both parties concerning this transaction, and replaces all previous communications, representations, understandings, and Agreements, whether verbal or written between the parties to this Agreement or their representatives. No representations or statements of any kind made by either party, which are not expressly stated in this Agreement, shall be binding on such parties. Any changes to this Agreement must be in writing and signed by the party against whom that writing is to be used.

All Amendments in Writing

No waiver, Amendment or modification of any provisions of this agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom such waiver, amendment or modification is sought to be enforced. Furthermore, no provisions in either party’s purchase orders, or in any other business forms employed by either party will supersede the terms and conditions of this agreement. All notices between the parties must be in writing and either delivered by email or by certified or registered mail, return receipt requested.

 

Payment Terms

Interest shall be paid on all overdue progress payments at 10% per annum. Any nonpayment may be considered a material breach of contract or KEY WEST HOLDINGS INC. may merely suspend performance at its option. 

Unless Otherwise Specified by Contractor prior to the contract, payment is a progress based billing and payment is due upon presentation of invoice to client. 

 

Acceptance

I represent that I am authorized to accept this proposal and that I agree to its terms.  I have been advised of my right to cancel and the lien laws. I have been given a copy of this contract and a cancellation form.

 

Time and Material (Commercial Only)

If it is agreed that the cost of the work cannot be determined in advance of starting the work, the payment schedule shall indicate “T” and “M”, in which case materials shall be charged at locally prevailing retail prices and handling, and labor shall be $55 per hour plus 10% for overhead costs and 10% profit.

NOTICE TO OWNER 

CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTOR’S STATE LICENSE BOARD. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR OF THE BOARD, CONTRACTOR’S STATE LICENSE BOARD, 3132 BRADSHAW ROAD, SACRAMENTO, CA 95826.

Extra Work

KEY WEST HOLDINGS INC. shall be allowed extra time and reasonable compensation for all delays and extra work over which it has no control. Allocation shall be allowed if KEY WEST HOLDINGS INC. is partially responsible. 

 

Arbitration

KEY WEST HOLDINGS INC. shall have the sole option to request arbitration by the American Arbitration Association rules. In the event either suit or arbitration is brought to collect payment hereon, KEY WEST HOLDINGS INC. shall be allowed reasonable costs and attorney’s fees.

 

Punch List

KEY WEST HOLDINGS INC. provides all warranties required by law. In the event money is withheld from any payment, KEY WEST HOLDINGS INC. must be notified within ten (10) days on exactly and specifically the defect for which the money is held. Failure to do so voids all warranties and is a material breach of contract. 

 

Permits

KEY WEST HOLDINGS INC. has a valid contractor’s license and will obtain and pay for city business licenses as required. The owner shall obtain and pay for any permit, plan check or special inspection, except any specifically caused by KEY WEST HOLDINGS INC. 

 

Bonds

KEY WEST HOLDINGS INC. has the required contractor’s license bonds. Any other bond shall be paid for by the owner. 

 

Invalidity

Should any provision in this contract be deemed invalid, the remainder shall have full force and effect. 

 

Venue

Disputes may be determined in Sacramento County, California

 

Insurance

KEY WEST HOLDINGS INC. has worker’s compensation insurance for its own workers, but the Owner agrees to provide worker’s compensation to cover any other workers that he may hire and course of construction insurance, including fire, to cover the project.

Requirements of Public Bodies

Unless specifically included, work does not include any changes or alterations from the drawings or specifications, which may be required by any public body, utility or inspector. KEY WEST HOLDINGS INC., at contractor’s option, may alter specifications only so as to comply with requirements of governmental agencies having jurisdiction over same. Any alteration undertaken to further this end shall be treated as an extra.

 

Asbestos

At present we are not aware of any asbestos work being included in our work or in the proximity of our work. The owner has an obligation to determine and advise us if asbestos exists. If asbestos is detected after we start the work, KEY WEST HOLDINGS INC. shall have the option to terminate the work and/or negotiate a revised price.

 

Severability

If any provisions of this Agreement are held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, they are to that extent to be deemed omitted and the remaining provisions of this Agreement shall remain in full force and effect.

Governing Law

It is the intention of the parties to his agreement that this agreement and the performance under the agreement,and all suits and special proceedings under this agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of California, without regard to the jurisdiction in which any action or special proceeding may be instituted.

 

Waiver

The waiver by either party of a breach, default, delay or omission of any of the provisions of this agreement by the other party will not be construed as a waiver of any subsequent reach of the same or other provisions.

 

Electronic Form

By accessing the Sites or Services, you consent to have this Agreement provided to you in electronic form. Please print a copy of this Agreement for your records.