Terms and Conditions

CONSTRUCTION SERVICES AGREEMENT

Customer and Company agrees to the performance of construction services on the Property (as identified above) in accordance with the following Terms and Conditions (this “Agreement”) and the attached plans and specifications.

Article 1. Work. Company shall perform the construction services identified in the Scope of Work above (the “Work”) in accordance with this Agreement and any Change Orders (as defined below), and all applicable federal, state, and local laws. The terms of this Agreement and attached proposal (the “Proposal”) are valid for thirty (30) days or upon written recission by Company, if Customer fails to sign this Agreement and Proposal within thirty (30) days the terms offered herein are rescinded and subject to change.

Article 2. Contract Time. The Work shall commence upon payment of the deposit due hereunder and shall be completed by Company within a commercially reasonable amount of time, subject to extension for excusable delays, including weather, acts of
God, material shortages, governmental delays, permitting or inspection timelines, labor disputes, sub-contractor delays, or other causes beyond Company’s control. Company will use its best efforts to complete the Work in a commercially reasonable amount of
time, however, Company does not warrant a date of completion of Work and will not be liable for any damages, direct or consequential, for any delay whatsoever, however caused. Time extensions shall not entitle Customer to damages or offset, and Company shall not be liable to Customer for any excusable delays.

Article 3. Contract Price and Payment. Customer agrees to pay Company the total price of identified in the Proposal (the “Contract Price”) for completion of the Work. Payments shall be made as follows: twenty-five percent (25%) deposit is due upon signing before commencement of Work, the remaining balance is due upon completion within twenty-four (24) hours following completion, regardless of Customer’s attendance of the final walkthrough. Customers must be present for the final walkthrough upon completion of the Work to ensure the work meets agreed-upon standards and to provide immediate feedback or request adjustments if necessary. If payment is not received within the specified 24-hour period, a late fee of $100.00 per day, or the maximum allowed by Florida law, will be applied to the remaining balance. Customer may cancel this Agreement within three (3) days of signing for a full refund of the deposit paid by providing written notice of cancellation to Company delivered in person, by e-mail, or via certified mail to the address provided above; the deposit may not be refunded for any  reason after this three-day cancellation period.

Article 4. Change Orders. All changes to the Work, the Contract Price, or any other change that may result in additional costs shall be made only through a written and signed change order (the “Change Order(s)”) approved by both Customer and Company. Verbal modifications are unenforceable. Any additional materials, unforeseen conditions, or Customer-requested modifications shall require a written Change Order before commencement of such work.

Article 5. Permitting. Customer shall be liable for any and all applicable permitting fees and costs necessary to carry out the Work. Customer shall pay for other necessary approvals, easements, surveys, assessments and charges. Company shall obtain all
necessary permits and coordinate required inspections unless otherwise agreed in writing. Customer shall grant Company full access and cooperation and shall be responsible for providing accurate property information, easements, access to electrical
panels, and any necessary documentation. Company will not be liable for any damages, direct or consequential, for any delay whatsoever, however caused, relating to permitting and inspections, including but not limited to: delays caused by the applicable
governmental authority and/or inspectors, unforeseen changes in the applicable building code, and/or any matters of health or life safety related to permitting and inspections.

Article 7. Industry Standards and Warranty
7.1. Industry Standard. Company warrants that all work performed under this Agreement shall be in a good and workmanlike manner as noted by the Painting Contractors Association using suitable materials.

7.2. Limited Warranty. The following Limited Workmanship Warranty (the “Limited
Warranty”) is provided solely by Company to the original Customer as described below:
 
a. Package-Based Coverage with Limited Warranty Periods. The warranty
period and coverage shall depend on the Customers selected package, which
shall be reflected in this signed Proposal and Agreement:  

Package Warranty Period Coverage
Basic Interior Package - 2 years - Includes paint on siding, trim, eaves, patio doors, and drywall.

Better Interior Package - 3 years - Includes paint on siding, trim, eaves, patio doors, and drywall.

Best Interior Package - 5 years - Includes paint on siding, trim, eaves, patio doors, and drywall.

Cabinet Refinishing Package - 3 years - Includes cabinet refinishing to repair peeling caused by improper sanding/cleaning, chipping due to poor adhesion, uneven sheen, premature wear in low-use areas, brush/roller marks, or sagging that appears after curing.

Gutter Package - 1 year-  Includes repair of leaks at seams or miters,
sagging sections, improper fastening, misaligned pitch, and downspout detachment
or poor placement.

Siding Package - 1 year - Includes repair of improper nailing patterns (nails driven too tight or too loose), loose panels or boards, water infiltration due to incorrect flashing or house wrap, trim or accessory installation errors (J-channels, starter strips, window trim).

Complimentary Package (Included regardless of packages selected) - 1 year - Includes staining of doors, fences, decks, arbors, pergolas, lattice, columns, corbels, and all other exterior staining, carpentry repairs, and window lintels.

b. Exclusions.

THIS LIMITED WARRANTY DOES NOT COVER THE FOLLOWING:
i. Peeling, chipping, or blistering resulting from causes other than defective workmanship, including prior coating failures or substrate deterioration.  
ii. Door thresholds.
iii. Exterior sheetrock ceilings.
iv. Any paint on a horizontal surface, such as floors, decks and stairs, railing, or other horizontal surfaces exposed to moisture accumulation such as areas low to the ground or near automatic sprinklers (e.g., decks, stairs, and porches).  
v. Wood, masonite, brick, metal, and all other substrates.
vi. Work where the Company did not supply the paint or other materials.  
vii. Exact color matches.
viii. Cracks in drywall, plaster wood, composite, or fiber-cement products.  
ix. Normal wear, tear, or aging of surfaces or finishes.  
x. Abnormal use or misuse.
xi. Damage resulting from improper maintenance, neglect, misuse, vandalism, accidents, or acts of God (including storms, flooding, or extreme weather).  
xii. Structural defects.
xiii. Settling and movement.
xiv. Paint fading, color mismatch due to environmental conditions, or use of incompatible cleaning products.  
xv. Moisture intrusion, structural failure, or latent defects not attributable to Company’s workmanship.  

c. Materials. The paint and other materials used are guaranteed by their respective manufacturers, not by Company, and are subject to the manufacturer’s warranty.

d. Limited Warranty Claim Process and Remedies. To initiate a claim under this Limited Warranty, the Customer must notify the Company in writing within the Limited Warranty period detailing the defect. The Company will inspect the
affected area and, if the defect is attributable to workmanship, the Company will undertake reasonable repairs at no charge.  This Limited Warranty’s sole remedy is limited to repair or repaint of the affected areas as determined by the Company.  The Company is not liable for consequential damages or issues beyond the scope of this Limited Warranty.

e. Transferability of this Limited Warranty. If the original Customer sells the Property, this Limited Warranty may be transferred to the new owner at no charge, provided the transfer is requested in writing on Company within twelve
(12) months of Work completion.

f. Eligibility. This Limited Warranty shall only apply to Work that has been fully paid for on time in accordance with the payment terms described herein. Additionally, the Property must be made accessible to Company for inspection and repairs
within a commercially reasonable time period. Any undue delays by Customer or its successors in making the Property accessible to Company shall void this Limited Warranty. To claim this Limited Warranty service, you should contact Company to schedule an inspection of your property by sending an email to info@provisionpaints.com or calling (904)-528-147.

g. DISCLAIMER. THIS IS THE ONLY WARRANTY PROVIDED BY COMPANY, AND IT SUPERSEDES ALL OTHER EXPRESS OR IMPLIED WARRANTIES,
INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITED WARRANTY COVERS ONLY
THOSE SERVICES PROVIDED BY COMPANY TO THE ORIGINAL CUSTOMER IDENTIFIED HEREIN. THIS LIMITED WARRANTY SHALL NOT BE EXTENDED OR ALTERED UNLESS IN A WRITTEN AGREEMENT SIGNED BY BOTH PARTIES. COMPANY IS NOT RESPONSIBLE FOR DAMAGES OUTSIDE THE SCOPE OF THIS LIMITED WARRANTY, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES EXCEEDING THE CONTRACT PRICE.

Article 8. Other Work and Access.
8.1. Customer shall not engage other contractors to perform related work on the Property during Company’s performance of the Work without Company’s written consent. Customer shall not permit other contractors to interfere with the Work and shall coordinate entry to the Property through Company while the Work is active to avoid interference or unsafe conditions. Company will have sole supervision of the Work and may employ qualified subcontractors while remaining responsible for their performance.
8.2. Any acts or omissions by, or losses, damages or delays caused by Customer, Customer’s agents or any third party retained by, through or under Customer shall be the sole responsibility of Customer, not Company.  Furthermore, Customer agrees that Company shall not be required to pay for, warrant, repair, insure or correct any work performed or materials provided by any third-party entities employed by, or who have contracted with Customer. Customer shall fully and promptly pay all sums charged by third parties hired by Customer and indemnify and hold Company harmless from all such charges and any related liens. 

Article 9. Insurance.

9.1. Company Insurance. Company shall maintain the following insurance policies:
i. General liability insurance with limits of no less than $1,000,000 per occurrence,
ii. Automobile liability with limits of not less than $100,000 per accident, and
iii. Worker’s compensation insurance as required by Florida law.

9.2. Customer Insurance. Customer is responsible for maintaining property and liability insurance covering the existing Property and improvements, naming Company as an additional insured to the extent permissible.

9.3. Both parties waive rights of subrogation to the extent permissible by their applicable insurance policies. Article 10. Damage, Risk of Loss, Safety, and Release and Indemnification.
10.1. Company shall preserve safe work conditions, comply with OSHA and Florida workplace safety regulations, and take reasonable precautions to protect the Property and adjacent properties.
10.2. Company will repair or replace, at Company’s sole expense, every portion of the Work that is damaged or destroyed prior to completion and caused in whole or in part by the acts or omissions of Company. Notwithstanding the foregoing, Customer shall
bear the cost of such repair or replacement for damage caused solely by Customer or third-party interference. Customer shall not interfere with any portion of the Work until Company provides written authorization to do so.
10.3. Because of potential safety and health hazards present during the Work provided by Company, as well as practical limitations on Company’s ability to control the activities of all persons involved in the Work process and to thereby limit the risk of personal injury that may arise from construction activities, Company and Customer agree as follows:
 

a. TO ENSURE AND TO PROTECT THE PERSONAL HEALTH AND SAFETY OF CUSTOMER AND CUSTOMER’S INVITEES, CUSTOMER SHALL RESTRICT ENTRY BY THE CUSTOMER AND CUSTOMER’S INVITEES ONTO THE PROPERTY TO A MINIMUM WHILE THE WORK IS BEING PERFORMED BY COMPANY. WHEN CUSTOMER CHOOSES TO ENTER THE PROPERTY, AND IRRESPECTIVE OF COMPANY’S PRESENCE ON THE PROPERTY AT SUCH TIME, CUSTOMER AGREES TO AND DOES HEREBY RELEASE, INDEMNIFY AND HOLD COMPANY HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION ARISING IN FAVOR OF CUSTOMER, CUSTOMER’S AGENTS, LICENSEES, AND INVITEES ON ACCOUNT OF BODILY INJURY, DEATH OR DAMAGE TO OR LOSS OF PROPERTY IN ANY WAY OCCURRING OR INCIDENT TO THE CONDITION OF THE PROPERTY AS A RESULT OF THE WORK.  THIS RELEASE AND INDEMNITY IS GIVEN TO COMPANY REGARDLESS OF WHETHER COMPANY OR ITS AGENTS OR EMPLOYEES ARE NEGLIGENT IN WHOLE OR IN PART AND EVEN WHEN THE INJURY, DEATH OR DAMAGE TO CUSTOMER OR CUSTOMER’S AGENTS, LICENSEES AND INVITEES IS CAUSED BY THE SOLE NEGLIGENCE OF COMPANY OR ATTRIBUTABLE TO
COMPANY’S NEGLIGENCE.
b. Customer also acknowledges that the Work may damage Customer’s possessions of contents left at or in the Property and that Customer waives any claim against Company for any such damage claims for contents left at or in the Property during the Work.  Company has expressly recommended that all contents of the Property be removed and stored as to avoid the risk of damage.

Article 11. Force Majeure. Neither Party shall be liable for delays or nonperformance due to force majeure events, including but not limited to natural disasters, strikes, labor shortages, supply-chain disruptions, fires, floods, wars, pandemics, or governmental restrictions. Time for completion shall be equitably extended, and Company shall be entitled to costs reasonably incurred due to suspension caused by such events.

Article 12. Termination.
12.1. Termination by Customer. If Company breaches this Agreement, Customer shall deliver written notice describing the default. Company shall have seven (7) business days from receipt of notice to cure. If not cured within that period, Customer may
terminate the Agreement and take possession of the Work.

12.2. Termination by Company. If the Customer breaches any of its obligations under this Agreement, then Company may give Customer written notification identifying such breach. If Customer has not cured such breach within seven (7) calendar days from its receipt of Company’s written notification, or if such breach cannot be cured within such seven (7) day period, then if Customer either does not begin cure within such seven (7) day period or fails to diligently prosecute cure to completion, Company may terminate this Agreement.

Article 13. Limitation of Liability. Company shall not be liable for incidental, indirect, delay, or consequential damages, including loss of use or business interruption. Total Company liability to Customer shall not exceed the total Contract Price, except for losses caused by Company’s gross negligence, willful misconduct, or fraud.

Article 14. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. Venue shall be proper exclusively in the state courts of Duval County, Florida. In any action to enforce or interpret this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs.

Article 15. Miscellaneous.
15.1. This Agreement may not be assigned or delegated by Customer without the prior written consent of Company, except for transferability of the Limited Warranty as described in section 7.2(e).

15.2. Any modification, amendment, or waiver must be in writing and signed by both parties.

15.3. The failure of any party hereto to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part thereof or the right of either party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach.

15.4. This Agreement may be executed in one or more counterparts, all of which shall be considered one and the same agreement and shall become a binding agreement when one or more counterparts have been signed by each party and delivered to the other party.

15.5. This signed Agreement and Proposal represent the entire understanding between the parties and supersedes all prior oral or written discussions, proposals, or agreements relating to the same subject matter.

15.6. Titles, headings and references to articles or sections herein are inserted for the convenience of reference only and are not intended to be a part of or to affect the meaning of interpretation of this Agreement.

15.7. Whenever any notice is required hereunder, it shall be given in writing addressed to the contact information for the parties identified in the Proposal above. Notice shall be deemed effective: (a) five business days after the document is deposited in the U.S. mail (provided it is sent via first class mail, certified, return receipt requested); (b) upon personal delivery; and/or (c) upon receipt of e-mail correspondence. Either party may change the address for notice by notifying the other party of such change in accordance with this section.

15.7. Each party acknowledges that it has had the opportunity to consult with legal counsel in preparing or reviewing this Agreement.

15.8. Possibility of Lien. Section 713.015, Florida Statutes Notice of Lien Rights: 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.

In witness whereof, the parties have executed the Proposal and Agreement as of the last date below.