Terms and Conditions

The construction contract was developed to protect the customer and 3E Group, Inc. mutually.

             3E Group, Inc.

Construction Contract

This CONSTRUCTION CONTRACT (“AGREEMENT‘) is entered between 3E GROUP (“CONTRACTOR”), and CUSTOMER or Owner (“Customer“). All work specified below shall be performed by the CONTRACTOR in accordance with all the provisions of the AGREEMENT, including General Provisions provided below. This AGREEMENT shall be composed of the following documents which shall be made a part hereof as though duly set forth herein:

This AGREEMENT, including all of the exhibits set forth below, Instructions provided to the Contractor, Drawings and Specifications, and any and all amendments, modifications, invoices, estimates, supplements and appendices thereto (collectively, the “CONTRACT DOCUMENTS“), all of which are on file in the CONTRACTOR’s office. Each of the parties hereto agrees to carry out and fully perform each and all of the provisions of said documents, which are required of it to be performed thereunder. It shall be understood by the CONTRACTOR and the CUSTOMER that its bid/proposal is meant or intended to be binding into this AGREEMENT.  

1.         WORK TO BE PERFORMED: Except as specified elsewhere in this AGREEMENT, CONTRACTOR shall furnish all required labors, materials, supplies, equipment, transportation, supervision, technical, professional, and other services, and shall perform all operations necessary and required per contract documents and estimate. All required inspections must be approved for performance to be satisfied.

2.         COMPENSATION: As full consideration for the satisfactory performance by CONTRACTOR of this AGREEMENT, CUSTOMER shall pay to CONTRACTOR the amount(s) specified.

PAYMENT TERMS: CONTRACTOR may request an on-site inspection of all work accomplished from CUSTOMER prior to submitting an invoice for progress payment or final payment. Inspection results shall determine the percentage of completion. All requests for payment shall be submitted on CONTRACTOR’s invoice. CONTRACTORS’ invoice shall include all estimates, invoices, and change orders approved by CUSTOMER.

Customer shall make payment no later than thirty (30) days after the receipt of the invoice from the CONTRACTOR. A preliminary lien will be filed on all projects over $2000.00 on the date of approval. A lien on the property will be filed at 32 days after invoice date. 80 days after invoice date the small claims suit will be filed. A ten percent (10%) per month late charge will be applied for all payments made past 60 days.

TOTAL CONTRACT AMOUNT: SPECIFIED ON ESTIMATE

COMPLIANCE: To the extent that they apply to the work to be performed by CONTRACTOR under this AGREEMENT, the provisions of the CONTRACT DOCUMENTS shall be incorporated into this AGREEMENT with the same force and effect as though set forth herein in full. CONTRACTOR shall be bound to CUSTOMER and CUSTOMER to CONTRACTOR by all terms and provisions of this contract.

If a conflict occurs between the CONTRACTOR and the CUSTOMER; this CONTRACT shall control. CONTRACTOR shall keep the CUSTOMER fully informed of the progress of the work under the contract. CONTRACTOR shall diligently start and complete all work identified and described in this AGREEMENT. Execution of this AGREEMENT by the CONTRACTOR, acknowledges agreement to work at job site continuously, without delay from start to completion. Any deviation from the Schedule must be approved in advance by the Project Manager/Contractor identified above. Project Schedules are naturally dynamic and changes to Baseline Schedules are made as necessary. Per this AGREEMENT, CONTRACTOR is to fulfill and adhere to the proposed schedule and shall be responsible to coordinate the work with its employees, agents, vendors and other subcontractors so that there will be no delay to or interference with other work on the project. Failure to perform to the durations and logical sequencing provided in the Baseline Schedule shall be deemed as a violation of this AGREEMENT. CONTRACTOR expressly understands that the failure by one subcontractor can cause damages to all other contractors and the contract in general. In the event CUSTOMER
fails to comply with any requirement of this Section and CONTRACTOR incurs loss or damage because of delay or disruption or becomes liable for damages because of delay in completing the project, CUSTOMER shall reimburse CONTRACTOR for the portion of the loss, damage, or liability incurred by CONTRACTOR in connection with the project as may be attributable to CONTRACTOR’s delay or lack of coordination in performance.

Project Completion Date is TBD.

GENERAL PROVISIONS

3.         DEFINITION OF SCOPE OF WORK: Wherein the scope of work under this AGREEMENT bears the words “per plans and specification,” the definition of said words shall mean that CONTRACTOR shall complete every and all work as shown, indicated or described on the applicable plans and specifications as listed on the scope of work of this AGREEMENT by the estimate. The description of the work to be performed or material to be furnished by CONTRACTOR by reference to a section or sections of the drawings, plans and/or specifications shall limit CONTRACTOR’s obligation to perform work or furnish materials as are described therein. Only work or material that is within the general description of the section of sections is required of the CONTRACTOR by trade practice or by any other provision of section of the drawings, plans
and/or specifications.

4.         CHANGORDER: CUSTOMER hereby agrees that change orders allowable and payable under this AGREEMENT shall be those changes made and issued in writing or verbally by the CUSTOMER. Change orders could also be requested by CONTRACTOR in writing to the CONTRACTOR where it will be approved if justified and at the sole discretion of the CUSTOMER. These changes, once approved, will be considered as a change order to the contract and tracked as an Approved Change Order.

5.         TERMINATION

TERMINATION BY CONTRACTOR: CONTRACTOR may terminate this AGREEMENT at any time for the reason of unavoidable problems to CONTRACTOR.

 

a)Cost of workaccomplished/incurred at time of termination shall be identified in writing and submitted to CUSTOMER for consideration no later than five (5) working days. Payment shall only be paid for work actually accomplished or materials utilized. CUSTOMER understands there may be restocking fees

b)TERMINATION BY DEFAULT: In the event this AGREEMENT is terminated due to default of CUSTOMER or CONTRACTOR including breach of contract, financial disability, bankruptcy, labor strike, sabotage, disputes, non-payment for material or wage, shortage of material, unreasonable delay of work, poor workmanship, or any other causes judged by CUSTOMER or CONTRACTOR which are likely to jeopardize timely completion of the project, CONTRACTOR shall, at its own discretion, reserve the right to withhold all work at the time of termination. All materials or equipment delivered to the CUSTOMER and the cost thereof shall be added to the invoice, and paid immediately

6.         WORKING HOURS: The CONTRACTOR shall work the same hours as those designated by the OWNER for the location where work is being accomplished. If no hours are designated, working hours shall be from 7:00 A.M. to 4:00 P.M., eight (8) hours per day, with a one-hour lunch period. These hours are subject to change at CONTRACTOR’S discretion. Overtime work requests shall be submitted to the CUSTOMER according to guidelines provided by the CONTRACTOR.

7. MATERIALS, SUBMITTALS, AND WORKMANSHIP: All materials utilized shall be designated in the plans and specifications or as designated by the CONTRACTOR. Work shall be state of the art meaning union quality or better for each craft category. All work shall be in accordance with all local, county, state, and/or federal codes. CONTRACTOR shall prepare upon customer request and submit shop drawings in a timely manner as required by CUSTOMER and the CONTRACT DOCUMENTS. CONTRACTOR will comply with the requirements of the CONTRACT DOCUMENTS, plans and specifications. CUSTOMER’s approval of product submittals will not excuse the CONTRACTOR for deviating from CONTRACTOR DOCUMENTS without clearly and explicitly disclosing the particular portions of the submittals that deviate from the CONTRACT DOCUMENTS.

8.         INDEMNIFICATION: CUSTOMER shall defend, indemnify and hold OWNER and CONTRACTOR, and their respective officers, agents and/or employees of them harmless from any and all claims, suits, acts, omissions or causes for bodily injury, or property loss or damage, arising out of or in anyway connected with, or alleged to be arising out of or connected with the work for which this AGREEMENT pertains or CONTRACTOR’s operations performance or nonperformance of this AGREEMENT.

Bodily injury expressly includes, without limitation, bodily injury to any person, emotional distress, death and/or loss of consortium. The duties set forth herein shall be owed to the full extent allowed by law and regardless of any alleged or actual negligence, willfull misconduct., negligent conduct or liability or fault on the part of the CUSTOMER or
CONTRACTOR, whether vicarious, direct, active, passive or concurrent, save and except that a duty to defend only, and no duty of indemnity, shall arise should it be finally adjudicated by a forum of competent jurisdiction that the said bodily injury, or property damage arises from the sole and exclusive negligence or willful misconduct of
CUSTOMER or its respective officers or employees. The duty of defense created hereunder is subject only to the tender by OWNER and/or CONTRACTOR to the CUSTOMER of a claim, which, in whole or in part, comes within the scope of this provision. Thereafter, CUSTOMER shall pay promptly when due and as incurred all attorney’s fees and costs generated in the defense of OWNER and/or CONTRACTOR, as to the entire action and
including bonds and costs of appeal. No obligation of CONTRACTOR to OWNER or CUSTOMER shall be lessened, reduced, delayed or affected by the existence of other potential or actual indemnitors or insurers, or by CONTRACTOR’s rights against any third party to contribution, subrogation or pro-ration.

9.         LICENSE: CONTRACTOR warrants that it has all valid licenses as required in the state(s) where work is to be performed.

10.       PERMITS: CONTRACTOR shall be responsible for obtaining all applicable permits required by local, county, state, and federal authorities. The cost of obtaining permits shall be paid solely by CUSTOMER in the invoice.

11.       TAXES: CONTRACTOR shall be responsible for payment of any and all taxes levied by government agencies that are applicable to CONTRACTOR. Contract price assumes all applicable sales taxes are included in contract amount. It is the CONTRACTOR’s responsibility to verify sales taxes are included in contract amount CONTRACTOR further agrees to pay all taxes, licenses, and fees of every nature that may be imposed or charged by any governmental authority on labor, material, or other things used by CONTRACTOR
in performing the work or on the transaction between CONTRACTOR and CUSTOMER.        

12.       BOND REQUIREMENTS: CONTRACTOR shall furnish, upon CUSTOMERS’ written request, a corporate surety bond written by a surety company, authorized to write surety business in California (or in the state in which the work is being performed, as the case may be), to guarantee the faithful performance of this AGREEMENT and the payment for all work and materials furnished under this AGREEMENT. The bond shall be in an amount required by CUSTOMER but shall not exceed the full amount of this AGREEMENT. CUSTOMER shall pay for the surety bond if its premium does not exceed standard rates. CONTRACTOR shall include the premium of that bond in its invoice price.

13.       CONTRACTOR INVESTIGATIONS: CONTRACTOR shall be responsible for thoroughly examining all drawings and specifications and examining the jobsite and ascertaining the conditions for itself. CONTRACTOR is responsible for determining the correctness of all measurements and physically making field measurements in advance. CONTRACTOR enters into this AGREEMENT relying on its own information and investigation and statements or representations that may have been made by CUSTOMER, OWNER, architect., or engineer. Unseen circumstances and Error(s) on plans and specifications should be reported to the CONTRACTOR at the earliest possible date.

14.       WARRANTY; GUARANTY OF WORK; Contractor warrants and represents that the installation shall be free from defects in workmanship arising from normal usage for a period of one (1) year from installation, unless a longer period is specified by CONTRACT DOCUMENTS.

On CUSTOMER’S notification, CONTRACTOR shall promptly investigate the appearance or discovery of defect. Contractor shall either repair or replace the defective equipment and reinstall said equipment depending if it is a billable or warranty service call.

Examples of billable and warranty service calls.

  1. Manufacturer defective equipment: A billable service call.

b.   Customer damages system: A billable service call.

c.   Improper installation by 3E Group, Inc. The warranty service call will be preformed and the fee waived.

 All equipment provided is subject to the Manufacturers’ warranty.

3E Group, Inc. is not responsible for existing equipment, or the condition there of. If the system fails during the course of service, the cost of repair is not included.

If CONTRACTOR fails to make necessary repairs and replacements promptly, OWNER or CUSTOMER may, at OWNER’s or CUSTOMERS’ expense, furnish necessary materials or labor.

Contractor is not responsible for: floods, fires, electricity, internet, internet usage, neglect, weather, wireless reception, existing equipment, existing wiring, labor disputes, sunspots, planetary alignment, access, inherit tectonic magnetism, ambient atmospheric radio waves,  power lines, vandalism, any phone company, 3rd party equipment, incompetence, changes of law, satellite reception, computers, computer components, acts of god or any other unforeseen incident that will impact this AGREEMENT.

15.       SUPERINTENDENT: CONTRACTOR shall at all times have a competent superintendent on the jobsite who can communicate with the Project Manager on all phases of the job scope and who shall be authorized to receive instructions from CONTRACTOR and make such decisions as may be necessary for the prompt and
efficient performance of this AGREEMENT.

16.       FEDERAL TAX NUMBER: If payment is to be made to other than an individual, a Federal Tax Number is required. If an individual number is being used for company business, then a Fictitious Business Name statement must be provided prior to payment being made by the CUSTOMER.

17.       RECORD AS-BUILT” DRAWINGS: CONTRACTOR shall record all deviations to drawings provided by CUSTOMER and, if requested in writing, provide same to CUSTOMER upon completion of work with all deviations noted on drawings. If no drawings are provided, the CONTRACTOR is responsible for providing shop drawings to CUSTOMER.

18.       GOVERNMENT CONTRACTS: If this AGREEMENT is directly or indirectly connected with the performance of a prime contract with the government or a subcontract thereunder, the terms of the Armed Services Procurement Regulation or other appropriate regulations required to be inserted in contracts or subcontracts will be
deemed to apply to this AGREEMENT and shall be deemed incorporated herein. For federal contracts in military bases, Buy American Clause shall apply and shall be deemed incorporated herein.

19.       CLEAN-UP PROTECTION OF WORK AND PROPERTY: CONTRACTOR shall be responsible for cleaning and removal of disposable items from job site at the close of business each work day. In the event the daily cleaning is not carried out by CONTRACTOR, the cleaning will be performed by any third party and the cost thereof shall be deducted from this AGREEMENT. On completion of its work, CONTRACTOR shall promptly remove all rubbish, debris, surplus material, tools, scaffolding, and equipment from the jobsite, and the premises shall be left “broom-clean” or its equivalent unless cleanup is more exactly specified.

CONTRACTOR shall protect its work and be responsible in for its good condition until final acceptance of the entire project. CONTRACTOR shall also protect adjacent property from injury arising from its work. CUSTOMER is responsible for theft, vandalization, malicious acts and general security of the work site. The CUSTOMER is responsible for all materials or equipment that is damaged or destroyed

20.       LIQUIDATED DAMAGES: Liquidated damages will be assessed on CUSTOMER at the rate of $500 for each calendar day of delay starting on the first day following the expiration of the contract completion period as set forth in this AGREEMENT until the final acceptance of the contracted work by the CUSTOMER and/or by the CONTRACTOR  Ex. (If we show up and they say that they are not ready, we lose a day of work).

21.       SAFETY: CONTRACTOR shall strictly adhere to all applicable federal, state, local and any other legally required safety and health standards, requirements, regulations and guidelines. CONTRACTOR, or any agency that has jurisdiction for safety compliance and oversight.  If CONTRACTOR, or its employees, contractors, or their employees, fail to comply, CUSTOMER may give notice of default to CONTRACTOR, and CONTRACTOR shall correct improper conditions within 24 hours after CUSTOMER issues a written notice of noncompliance or within the time of an abatement period specified by any
government agency, whichever period is shorter. CONTRACTOR’s failure to cure the default within 24 hours after notice shall give CUSTOMER the right to terminate under Article 6, or perform or have performed such portion of the work or may furnish any material, equipment, or other item required as CONTRACTOR in its sole
discretion may deem necessary to avoid noncompliance with any applicable safety or health laws. The cost of materials, equipment, or other items shall be deducted from the contract price, and if the cost of such work or materials or other items exceeds the balance, the excess shall be immediately due and owing from CONTRACTOR.

22.       BACK CHARGES: CUSTOMER shall deduct from the contract price any cost for the work undone by CONTRACTOR therefore performed by CONTRACTOR and/or any third party designated by CONTRACTOR. The back charges shall include for materials, labor, equipment and any other associated costs as may be required for accomplishing the work to ensure the project is completed on schedule. CONTRACTOR shall be notified prior to CUSTOMER’s intention to provide resources that would result in back charges. Such notice of back charges shall be construed as if fully agreed to by CONTRACTOR. The dollar amount of the back charges shall be the same amount actually incurred to complete said undone work and the same shall be conditionally deducted from the contract. Delays to the schedule leading to overtime work of other trades and re-work required of other trades shall be back charged to the CUSTOMER.

23.       TESTING: Each and all testing pertaining to subcontracted work shall be performed by CONTRACTOR as required by the project plans and specifications unless specifically excluded in writing from this AGREEMENT. All testing costs are deemed to have been included in the contract amount therefore shall be paid by CONTRACTOR.

24.       SPECIAL PROVISIONS: Notwithstanding any other provisions elsewhere in this AGREEMENT, these special provisions shall supersede all previous agreement, oral or in writing, correspondences or any other notes by and between the parties hereto including the cost proposals previously submitted by CONTRACTOR for this AGREEMENT. CUSTOMER hereby exclusively agrees that the payments to CONTRACTOR under this AGREEMENT shall be based solely on the scope of work set forth in this AGREEMENT and that in no case shall the excluded items shown on the previous cost break-down or cost proposals from the CONTRACTOR be deemed to have been excluded from this AGREEMENT unless such excluded items were specifically accepted by CONTRACTOR in writing at the time of entering into this AGREEMENT. CONTRACTOR further hereby agrees that aforementioned previous cost proposal have been deleted and became null and void in its entirety, therefore the same shall not constitute a part of this AGREEMENT.

25.       DISPUTE RESOLUTIONAll claims disputes or controversies arising out of, or in relation to interpretation, application or enforcement of this AGREEMENT shall be fully and finally resolved through binding arbitration with the sole and exclusive Services of the respected, Judicate West, located at 1851 E. 1st Street, Suite 1450, Santa Ana, CA 92705. Telephone (800) 488-8805, Director Var Fox, who is herein authorized to select the Mediator or Arbitrator, splitting all fees and costs equally, between the disputing parties. The decision of the Arbitrator shall be final, binding and enforceable as a judgment in any court of competent jurisdiction and the parties agree that there shall be no appeal from the Arbitrator’s decision. With the exception of the exchange of documents, there shall be no interrogatories, depositions or other discovery between the parties. The laws of the State of California shall control the validity, construction and interpretation of this AGREEMENT excluding any conflicts of laws principles, which would direct the substantive law of another jurisdiction to apply. Arbitration shall take place in Los Angeles, California regardless of where the materials, equipment, and or services are contracted from. Notwithstanding the foregoing, if the contract between CUSTOMER and the CONTRACTOR contains an arbitration provision, arbitration shall be held in accordance with that provision.

26.       GOVERNMENT CONTRACTS: If the Goods are for use in a U.S. Government contract or subcontract, all applicable FAR and DF AR provisions in their current form shall apply and be deemed incorporated herein including but not limited to the following: 52.204~2 (Security Requirements), 52.211~5 (Material Requirements).

27.        Compliance with Laws.  Contractor shall comply with all applicable federal, state and local laws and regulations.  Contractor agrees to be responsible for obtaining all necessary permits and obtaining any necessary consents required for the prosecution of the work contemplated under this Agreement.

28.       Acceptance: By approving the estimate, in writing or orally, the customer is bound by the conditions set forth in this Agreement.

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