Deliverable Materials
Materials not provided by the contractor shall be subject to delivery charges based upon market costs of fuel mileage. Delivery fees for vendor provided products are included in estimated costs. 

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Contractor Responsibilities

Contractor is responsible for all tools and labor needed to complete the agreed-upon scope of work. Changes to the scope of work provided by the original agreement shall be deemed extra and need accurate documentation prior to performing work. Added cost for rental of large equipment is required.

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Client Responsibilities

Client holds all responsibilities to safe working conditions. Client is responsible for his/her own safety in all construction areas. Client takes notice that all utilities required for work performed are the sole responsibility of the owner of said property. All finished product designs are the responsibility of the clients or client’s representative council.

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Fee Schedule

This engagement will be conducted on a costs-plus contractor’s commission contract agreement. The total value of the services pursuant to this SOW shall not exceed the one outlined within. A CO (change order) will be issued specifying the amended value and due immediately upon receiving the invoice.  This figure is based on professional services and not to exceed estimated costs of greater than 30% USD -, without prior authorization via CO and agreed upon by both parties. 

Project Planning & Design Fee - To be paid in full up front (when applicable)

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Startup Draw - 50% for vendor provided material ordering and Contractor draw. (Dates Set upon payment)
*Does not include Material Allowances / Selections*

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Second Draw - 75% Subcontractor payments schedules and material reimbursement costs.

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Third Draw - 90% Subcontractor payments and material reimbursement costs.

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Final completion- 100% of actual costs due.

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Contracted payment dates are scheduled per acceptance of Project.

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Upon completion of this Performance Period, Contractor and Client will have the option to renew this agreement for an additional then-stated number of hours at the then-current hourly rate for those resources identified.

Lead Times
Please be advised that increased demand and labor shortages continue to drastically impact lead times for the contracting industry. The sourcing of raw materials, manufacturer setbacks, port congestion, transportation delays and lessened work capacity of our suppliers have all attributed to these extended lead times. Due to these issues being beyond our control, we are seeing ETA’s being delayed and changing frequently and therefore cannot fully commit to any install dates until we have those items in our warehouse or on the job site. We greatly appreciate your time and patience as we navigate this challenging business landscape.
 

Out-of-Pocket Expenses / Invoice Procedures

Client will be invoiced for consulting services, time, fuel and labor expenses as well as all approved materials. Standard Contractor invoicing is assumed to be acceptable. Invoices are due upon receipt. 

All materials provided by Contractor include a mark-up for Contractor to accept full responsibility for the materials on your project, including delivery, inspection, taxes and fees. We are happy to provide any and all items necessary to complete the project. This also includes a 2 year workmanship guarantee and all customer service for the life of the product.

Client will be invoiced for all costs associated with out-of-pocket expenses. Reimbursement for out-of-pocket expenses in connection with performance of this SOW, when authorized and up to the limits set forth in this SOW, shall be in accordance with Client’s then-current published policies governing travel and associated business expenses, which information shall be provided by the Client Project Manager. 

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Invoices shall be submitted per milestones, approved charge orders, and approved selections referencing this Client’s SOW number to the address indicated above. Each invoice will reflect charges for the time period being billed and cumulative figures for previous periods. Terms of payment for each invoice are due upon receipt by Client of a proper invoice. Contractor shall provide Client with sufficient details to support its invoices, including time sheets for services performed and expense receipts and justifications for authorized expenses, unless otherwise agreed to by the parties. Payments for services invoiced that are not received within 30-days from date of invoice will be subject to a 15% penalty per calendar month.

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By engaging the services of Workman Company LLC, the client acknowledges and agrees that in the event of any legal dispute or claim arising from the project, the client will be solely responsible for any legal fees, costs, or expenses incurred by either party. This includes, but is not limited to, attorney fees, court costs, and any other expenses related to legal proceedings, regardless of the outcome.

Workman Company LLC will not be liable for any legal fees, costs, or expenses related to disputes between the client and Workman Company LLC, or between the client and any third party involved in the project.

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This agreement is made in good faith to outline the financial responsibilities of both parties and is intended to ensure a clear understanding of the client's obligations in the event of a legal matter.

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Completion Criteria

Contractor shall have fulfilled its obligations when any one of the following first occurs:

• Contractor accomplishes the Contractor services described within this SOW, including delivery to Client of the materials listed in the Section entitled “Materials" or approved "Selections" and Client accepts such services and materials without unreasonable objections. No response from Client within 2-business days of deliverables being delivered by Contractor is deemed acceptance. 

• Contractor and/or Client has the right to cancel services or deliverables not yet provided with 10 business days’ advance written notice to the other party. (Cancelation Fee of 10% may be applied). All services rendered are non-refundable and require 100% of payment in full upon completion.
   

Assumptions

General Notice 

Each repair project is unique and may involve one, or more, or all of the repairs that are presented. Conditions that are of significant difference from the described details must be addressed by the project's design and can exist on any project. This DOES NOT address corrections of the structural integrity and should not be used until any or all sources of structural cracking are corrected. 

Patch/Repairs
All Patches and Textures are done to the best of our ability any may require additional work/materials to completely conceal.

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Wood Materials

Wood is a natural material that is subject to changes in moisture, temperature, and environmental conditions. As such, it will naturally expand and contract over time. These natural processes can result in slight shifts, gaps, warping, or discoloration as the wood adjusts to its environment.

Please be aware that wood will also naturally age and develop a patina over time due to exposure to light, air, and humidity. These effects are part of the inherent character of wood and are not considered defects.

We cannot be held responsible for these natural processes, including but not limited to expansion, contraction, cracking, splitting, warping, or other signs of aging and wear. These occurrences are normal and are not covered under warranty.

We recommend regular maintenance and proper care to help mitigate the effects of environmental changes on wood materials.

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Paint

Please note that when repainting, we will make every effort to match the color and finish of any existing paint. However, due to the natural aging of paint over time, achieving an exact match may be difficult. Variations in color, texture, and sheen are common, and while we will strive to match the paint as closely as possible, we cannot guarantee complete accuracy. We appreciate your understanding as we work to deliver the best possible results.

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Stucco
Stucco is a non-structural element . Cracking of stucco is often a result of improper construction practices and /or Natural Weather conditions. Please refer to the attached STO Stucco repair and maintenance guide No. 2.01 for further details. They are intended as a partial guide for repairs to the scope of work but may not be pertinent for all applications and situations.

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Mold

Any and all respiration equipment for mold removal is the responsibility of the customer and all preparations for removal are at the client's expense.

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Lead

Lead abatement applies to any and all structures built prior to 1978 and EPA publishes pamphlets titled “Protect your family from Lead in your home” If this publication applies to your structure, it must be signed and given to the contractor for filing and held for 3 years. Federal law requires this for all contractors and if lead is present, a licensed mitigation contractor must be hired for removal prior to work continuing.

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Asbestos

Contractor must contact the client of any and all hazardous materials found to be present after demolition and within a reasonable amount of time. Work can continue after all hazardous materials have been removed from a licensed mitigation contractor.

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Upon signing or approving our proposal/estimate you are agreeing to these Terms and Conditions.​​

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The owner has the right to file a written complaint with the registrar for an alleged violation of section 32-1154, subsection A. This paragraph does not apply to a person who is subject to and complies with section 12-1365.

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Arizona Registrar of contractors

Phoenix Office: (602) 542-1525 
Tucson Office: (520) 628-6345    Flagstaff Office: (877) 692-9762 
Email    roc.az.gov