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SAMPLE CONTRACT: 1560 NORTH COUNTRY CLUB PARKWAY • ELKHORN, WI 53121 • 262-723-6250 (PHONE) • 262-723-6258 (FAX) •WWW.CD-PH.COM CONSTRUCTION CONTRACT BUYER BUILDER 1. THIS CONTRACT made this ___ day of _________, 2009 between ___________________hereinafter called the “Buyer” whose addresses are _________________________________, whose telephone numbers are: _________________ and whose e-mail addresses are _________________ and Preservation Homes, Inc hereinafter called the “Builder”. LEGAL DESCRIP TION 2. In consideration of the covenants and agreements herein contained, the Buyer being the owner of the ________________________________________. does hereby agree to employ the Builder to construct and erect on said building site a building described as: a 2525 square foot ranch home with 1840 square feet of finished lower level- a single family residence substantially similar to certain basic plans dated ____________ and additional detailed specifications dated ________ which the Buyer has examined and approved and which are incorporated as part of this Contract by reference on the following terms and conditions of the total contract price shown: BASE PRICE 3. Base Price of Home: $ ___________ 4. Buyer agrees and understands that line #3 “Base Price of Home” includes the following items as part of the price. INCLUDE D ITEMS Foundation: o Footings & Drain-tile o 8” x 8’ Poured Concrete walls & 3’10” x 8” Poured Frost Walls at front stoop, all concrete shall attain a 28 day compressive strength of 3000psi and shall be verified prior to pouring the walls and shall be overseen and verified by CD-PH during the wall pouring process. o Damp-proofing of house foundation o 4” Pea-Gravel at basement floor o Vapor Barrier under basement floor o 2” foam insulation under basement floor o 4” Concrete Basement Floor with saw-cut joints o 4” Concrete Garage Floor with saw-cut or tooled joints o 2” Foundation Insulation from footing to top of poured wall. o Aluminum Flashing over 2” foundation insulation @ perimeter of home COLOR: 10 o o o Dark Bronze 5” Thick Front Stoop 12” Sonotubes for deck (3) Garage Slab is near to flush w/ finished house floor and pitched to garage doors Framing: o 5.5” Thick wall with staggered 2x4 wall construction for home, 2x4 construction of garage & interior walls per plan with ½” OSB sheathing o 14” Engineered Floor Joists w/3/4” T&G OSB o Roof Trusses w/5/8” OSB sheathing o Typar/Tyvek House Wrap entire home, garage and all gables o Unlimited Vinyl Windows per plan; COLOR: Tan with oak jamb extensions at first floor and primed jamb extensions at finished lower level o Front Door: Fiberglass with aluminum cladding (similar to Unlimited Tan). Exterior to be Burgandy in color; actual color T.B.D. o Garage Fire Doors (2) to be fiberglass two panel 6/8 door (20min fire-rated) (similar styling to interior doors) Color T.B.D. o Garage Service Door – to be a fiberglass two panel with aluminum clad 3/0-6/8 (similar color to Unlimited tan (similar styling to interior doors) Color: T.B.D. Exterior : o Window Sealant Tape and Boot at all windows o James Hardi Prefinished Cement Siding: COLOR: Monteray Taupe o Primed Miratec trim (4” & 6”) To be painted on site COLOR: SW6447 Evergreen o Primed Miratec Keystones above windows and doors at front elevation; COLOR: SW 6447 – Evergreen. o Primed Smart Side vented soffit panel: To be painted on site COLOR: SW6447 Evergreen o Primed Miratec Fascia: To be painted on site COLOR: SW6447 Evergreen o 5” Seamless Aluminum Gutters with 3”x4” oversized downspouts: As close to SW6447 Evergreen as possible or as close as possible to Unlimited Tan o Aluminum drip-edge & Gutter Apron Complete Home and Garage: As close as possible to: SW6447 Evergreen o 30Year Dimensional Shingles with ridge vent: COLOR: Driftwood o Ice & Water shield at valleys at (3’) and eves at (6’). o Pressure Treated Deck Floor Framing w/composite decking and handrail system with metal balusters (3/4” round – Bronze color): COLOR: Trex – Brown o Stone Pillars (per plan) cultured stone: COLOR: Same as P.H. Office Building o Storm-Screen Door – At Entry Door (Aluminum) – COLOR: TBD Interior: o Insulation: Non-Settling Cellulose or Blown Fiberglass Walls over 1” spray foam at all exterior walls– R-22 to R-24 Attic – R-50 Stabilized Cellulose Joist-Ends/Box-Sills – Spray Foam Non-expanding foam at all windows and doors (jamb to framing) o Drywall: Home and Garage 5/8" walls 5/8” ceilings Texture on walls: Light Knockdown (garage texture is not included) Round Corner Bead for all outside corners o Millwork: Door Hardware: All Interior & Exterior: Schlage: Brushed Nickel Levers Entry Door: Schlage: Simliar to: ClasseCollection 892 Nuova Lever – and thumb button exterior - Brushed Nickel Finish First Floor: CONFIRM COLOR PRE ORDER (Medium or Cider) 11 o o o Two Panel-Raised Panel Prefinished Oak Doors: COLOR: Medium Brushed Nickel Hinges Colonial Style Casing – 3-1/4” Prefinished Oak: COLOR: Medium Colonial Style Baseboard – 5-1/4” Prefinished Oak: COLOR: Medium Base-shoe Molding – 5/8”x3/4” Prefinished Oak: COLOR: Medium Cabinets: Custom Built Oak cabinets per OAR Design (attached) Constructed with “GREEN” materials (formaldehydefree glues and adhesives and low – no V.O.C. finishes. Shelf and pole for closets and five shelves in closets as noted per plan Lower Level: CONFIRM COLOR PRE ORDER (Medium or Cider) Two Panel-Flat Panel Prefinished Pine Doors: COLOR: Medium Craftsman Style Casing – 2-1/2” Primed: Site Paint COLOR: TBD Craftsman Style Baseboard – 3-1/2” Primed: Site Paint Color: TBD Base-shoe Molding – 5/8”x3/4” Primed: Site Paint Color: TBD Chair-rail molding to be installed around perimeter of rec-room; Site Paint Color: TBD Cabinets: Custom Built Oak cabinets per OAR Design (attached) Constructed with “GREEN” materials (formaldehydefree glues and adhesives and low – no V.O.C. finishes. Shelf and pole for closets and five shelves in closets as noted per plan Countertops: Kitchen: Granite - COLOR: UBA-TUBA Bathrooms: Romanite – Solid Surface - COLOR: Manistique w/ bisque bowl – OGEE Edge Profile Laundry: Laminate COLOR: Formica - Almond Dust - 1817-58 edge profile:_TBD Desk Area: Laminate: COLOR: Formica 7499-85 – Jasper Envision edge profile: TBD Lower level kitchenette: Laminate: Color: Formica 6940-58 Skylark Boomerang edge profile: TBD Flooring Great Room, Dining Room, Kitchen, Bedroom 1, Bedroom 2,and Master Bedroom; Shaw Engineered Wood Floor SW119 3/8” x 3-1/4” Oak, COLOR: #780 Gunstock Entry Foyer, Mud-room, Laundry, ¾ Bath, Desk Area, Main Bathroom, and Master Bathroom. See drawings attached for specs, selections & Layouts. This section also includes tiling of tub-deck and shower in Main Bath, Master Shower, and backsplash in Kitchen. Stairs to basement are Oak Treads, Oak Risers and Oak Stringers, finished on site to COLOR: To match #780 Gunstock Flooring Basement to be painted concrete: COLOR: TBD (Light to Medium Grey –HC SEAL CRETE COLOR IS “PEWTER”) Plumbing All Code required; supplies in PEX and all DWV in PVC Sinks: Kitchen: o Main:QULS3322-077 Swanstone Granite (undermount) o Prep: 511-637 Blanco Silgranite (undermount) Basement Kitchenette: QZSB2522-075 Swanstone (24”x21”) Fixtures: Kitchen: 12 o Main: Jasmine w/conventional Spout 3821.641 w/ sprayer; altnerate:3821.834 w/sprayer (brushed satin) o Prep: Jasmine Hi-Flo # 3821.831 (brushed satin) Basement Kitchenette: Jasmine Hi-Flo # 3821.834 w/sprayer (brushed satin finish) Master Bath: o Jasmine Satin Nickel Lav Faucets (2) o R-120 Shower valve & Jasmine Trim – Satin Nickel o Evolve Low-Flow Shower Head w/Ladybug o Gerber Dual Flush Round Bowl – Bisquit Toilet o Soft Close Toilet Seat – Bisquit o Grab-bars in Shower – 2 16” Brushed Appearing o Towel Bars, Rings and Tissue Holders- Satin Nickel: Gatco 4362 Gatco 4354 Gatco 4353 Bath # 1: o Jasmine Satin Nickel Lav Faucet o R-120 Shower valve & Jasmine Trim – Satin Nickel o Evolve Low-Flow Shower Head w/Ladybug o Gerber Dual Flush Round Bowl – Bisquit Toilet o Soft Close Toilet Seat – Bisquit o Iris Amarilis Tub-Filler – Satin Nickel o WR 920 Bath-Tub with tile flange & grab bars o Grab-bars in Shower – 2 16” Brushed Appearing o Towel Bars, Rings and Tissue Holders- Satin Nickel: Gatco 4360 Gatco 4362 Gatco 4365 Gatco 4354 Gatco 4353 Bath # 2: o 4” Seva Satin Nickel Lav Faucet o R-120 Valve & Seva Satin Nickel Trim o Evolve Low-Flow Shower Head w/Ladybug o Gerber – Dual Flush Round Bowl o Warm Rain 48x36 Shower Unit (no dome)Color: Bisquit o Grab-bar in Shower – 1-16” o Towel Bars, Rings and Tissue Holders-Satin Nickel: Gatco 4360 Gatco 4362 Gatco 4354 Gatco 4353 Basement Bath: o 4” Seva Satin Nickel Lav Faucet o R-120 Valve & Seva Satin Nickel Trim o Evolve Low-Flow Shower Head w/Ladybug o Gerber – Dual Flush Round Bowl o Warm Rain 48x36 Shower Unit (no dome)Color: Bisquit o Grab-bar in Shower – 1-16” o Towel Bars, Rings and Tissue Holders-Satin Nickel: Gatco 4362 Gatco 4354 Gatco 4353 MISC Plumbing: o Three Exterior Water Hose Bibs o One Hot-Cold Freezeproof Hose Bib in Garage o Electrical 13 All code required circuits, outlets, switches, smoke alarms & wiring of appliances 320 amp service to home 60 amp service to work shop Phone and cable box at each room Light Fixtures or specific space requirements Included: Lower Level: o Exercise & Office: 59094BLE-15 (1 each) o Bath: Wall Sconce: 49216BLE-962 (1) o Storage: 2-Bulb x 4’ Covered Flourescent (2) o Vestibule @ Mainstairs: 59151BLE-15 (1) o Garage Stairs & Vestibule 59151BLE-15 (3) o Mechanical Room: 4 Keyless Fixtures o Storm Cellar: 1 Fixture with Battery Backup o Recreation Room - Main Area: Recessed Lights o Exterior: 2 Coach Lights: 89182PBLE-71 o Two Ceiling Outlets centered in Rec Area o 15% more-than-code required outlets at perimeter walls of rec area – every other outlet to be a quad o Wiring of Geothermal HVAC sytem o Wiring of Hot-Water Heater Main Floor: o Garage: Coach-Lights (1@each corner, 1 centered between doors(3total) 89182PBLE-71 Five Keyless Fixtures in main garage area Recycling Area/entrance – 59131BLE-15 o ¾ Bath@ mudroom: (1) 49220-BLE-962 centered above mirror o Mud Room: (1) 5915BLE-962 – centered in space o Laundry Room: (1) 5915BLE-962 – centered in space o Pantry: Door Activated Switch (1) 59133BLE-15 – centered in space o Kitchen: 8 Recessed Fixtures (LED) (3) Island Pendants – 69034BLE-962 (2 lower and 1 higher above sink) (2) Peninsula Pendants – 69034BLE-962 (at opening to great room) Task Lighting @ both sides of cooktop and (1) at area of kitchen common with the hallway o Dining: (1) 69153BLE-962 (dimmable if possible) o Great Room: (8) Recessed Fixtures (incandescent) (1) 1535-962 Ceiling Fan with touch controls (1) set 1653-704 (Oak Finished Fan Blades) o Entry Foyer: (1) 59150BLE-962 o Front Porch and soffits at front of home (7) Recessed Lights (2 @ porch 5 @ soffits) NOTE: SOFFIT LIGHTS TO BE DUST-DAWN OR MOTION SENSED CONFIRM. o Bedroom #1: (1) 59152BLE-962 (1) Flourescent in closet, wall switched 14 o o o o o o o o o o o Bedroom #2: (1) 1535-962 Ceiling Fan with touch controls (1) set 1653-704 (Oak Finished Fan Blades) 1624-BLE-962 Light Kit (Brushed Nickel) (1) 1686-39 Scavo Glass Kit (2) Door activated fluorescents (1 per closet) Bathroom # 1 (1) 49221BLE-962 centered above mirror (1) Fan-Light exhaust fan combo – humidity sensing (1) Recessed Waterproof light in Shower Bedroom #1&2 Hallway (1) 59150BLE-962 Hallway to Master Bedroom & Mudroom/Desk area (2) 59150BLE-962 (centered) 4-way switched Master Bedroom (1) 1535-962 Ceiling Fan with touch controls (1) set 1653-704 (Oak Finished Fan Blades) (1) 1624-BLE-962 Light Kit (Brushed Nickel) (1) 1665-33 - Satin White Glass Kit (1) 59394-BLE-15 Door Switch Activated Master Bathroom (1) 492222BLE-962 (48”) (over mirror) (1) Recessed waterproof light in shower (1) Fan-light exhaust fan combo – humidity sensing Exterior Deck (2) 89182PBLE-71 Coach Lights Exterior “Spots” (2) two-bulb spot lights at rear elevation (1) two-bulb spot light above garage door Stairs to Basement (1) Wall Sconce 4915BLE-962 HVAC: Geothermal Heating Cooling and Domestic Hot Water supply with up to 8 zones (Up to 5 first floor and 3 lower level) st In-floor heat tubing at 1 floor and lower level HRV System to manage air exchange in the home Gypcrete – lightweight concrete at entire first floor All necessary ductwork, grilles, vents, bath fan & range-hood venting MISC: Dumpster (1-30yard container is included in this agreement) Well: An allowance of $6,480.00 is included in this agreement for a well up-to 140’ in depth. Septic: A mound is included (per soil tests provided) for a 3 bedroom home) Appliances: Thermador Induction Cooktop & Dbl Oven LYLES FLOOR DISPLAY 30” Highbred induction cooktop MED302ES 30” Dbl Convection Oven Fisher & Paykel Dishwasher, Washer & Dryer DS605SS Stainless Steel 24” semi-integrated single dishwasher drawer. IWL16 - “Intuitive Eco” White top-loading washer DG27CW1 – “Aerosmart” White top-loading dryer 15 Amana Refrigerator: AFD2535FES – 25 cu.ft. Stainless Steel – French Door w/freezer drawer DELETIO NSCREDITS Garage Doors: (2) Insulated raised panel with whisper drive openers & one keypad – COLOR: TBD (CONFIRM - GREEN OR BURGANDY) Priming and Painting of entire interior of home; Colors as follow: Ceiling White: All Ceilings, Closets & Pantry throughout home Laundry Room: SW7649 - Silverplate (Grey) Bathroom #2: SW7738 Cargo Pants (Green) Mudroom, Hallway, Dining, Kitchen, Great Room, Stairs to basement & Alcove (between bed#1 & bed#2) – SW6113 Interactive Cream (tan) Master Bedroom & Bathroom: SW7721 Crescent Cream (tan) Bedroom #2 & Bedroom #3: SW7722 Travertine (tan) Bathroom #1: SW7717 Ligonier Tan (tan) Basement: Rec Area: o Above Chair-rail: SW7000 Ibis White (white) o Below Chair-rail: SW6957 Undercool (blue) Basement: Exercise & Office: SW6800 Something Blue (blue) Basement Bathroom: SW6785 Quench Blue (blue) Basement Floor: H&C Shield Crete – Pewter - CONFIRM Caulking and Painting of exterior trim (one color) entire exterior details COLOR: SW6447 Evergreen Deck per plan in composite decking, composite handrail and metal balusters Cultured Stone to wrap front porch columns: COLOR same as P.H. Offices WE energies: (An allowance of $ 500.00 has been included in this agreement for the installation of electric service to the home-site) Glass shower door for master shower (semi-frameless) Glass shower door and panels for bath #2 (semi-frameless) Glass shower doors for 3/4baths SIL/OBS Doors - Basco Central Vac system with standard attachments and (2) broom ports (one in kitchen, one in rec-room) Glass Mirrors at all bathrooms; sized to compliment each vanity All bath fans are to be humidity sensing and controlled. Survey and siting of building on site and re-certification of foundation Outbuilding very similar to attached plans: 24’x24’ Floating Concrete Slab 2x4 construction Vinyl siding, aluminum soffit and fascia, 30 year shingles (colors: Driftwood) Vinyl Windows (operable) Dbl Steel Door (8’0”) 5. Buyer agrees to the following deletions from the basic plans and specifications and credits to the basic price stated above: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ TOTAL DELETION CREDITS APPLIED AT CONTRACT SIGNING $ ________ _________________________________________________________________________. TOTAL PRICE OF BUILDING, ADDITIONS/EXTRAS, DELETIONS/CREDITS:$ ________ 16 SITE COND ITION ALLOWA NCE 6. Buyer agrees to pay for the following items in addition to the above and agrees that the following amounts are allowance estimates. Builder agrees that these estimates were compiled in a formal process from actual subcontractor quotes, or based on professional experience. Builder agrees that these allowance estimates represent the specifications, style, materials, and completion state of the building and property that have been discussed with buyer: Building Permits & Additional Fees (ALLOWANCE): $ ________ State and County sanitation permits (ALLOWANCE): $ ________ Excavation, Rough Grading, Topsoil Stripping & Rough Spreading, Driveway Cutting & Driveway Stone, Backfill Stone, (ALLOWANCE): $ _______ WE Energies Electric Service Installation, (ALLOWANCE): $ ________ OTHER ALLOWA NCE ALLOWA NCE DEFINED De-Watering of Foundation: None is included; any charges will be passed-along at cost + Any listed above as “Allowance or “Allowance Included” Site Preperation: Nothing is included in this agreement for the removal of trees, brush or debris currently on the site. Buyer is to remove all necessary trees and brush prior to commencement of construction related work Frost Charges or Cold-Weather Charges: None have been included in this agreement Easement Road/Drive: Nothing is included in this agreement for the improvement of the easement road/drive. Allowance amounts are estimates for the completion of the above-referenced items and are not guaranteed. All Permit costs are not marked up but rather passed on at actual cost. All allowances will be charged at Builder’s total cost plus X% for Builder’s markup. Estimates above are inclusive of the markup. Allowances provided for in this Contract are subject to adjustment upon completion of the particular work involved. Builder agrees to notify Buyer in writing as soon as he is aware that actual cost will substantially exceed allowance. For the term of this contract “substantially” will be interpreted as any overage of $500 or more. Written notification to Buyer must document the allowance category, the specific items or work contributing to the overage, and a revised estimate of cost. When the final costs, including Builder’s markup, for allowance items exceed the total allowance, Buyer shall pay the difference, including mark-up on the overage. Allowance items are estimates and may be affected by unknown and unforeseen conditions which are not under the control of the Builder; therefore, they are difficult to measure. Some allowance items are affected by Buyer’s choices. _________________________________________________________________________ TOTAL ALLOWANCES: $ _____________ CONTRA CT PRICE DOWN PAYMEN TOTAL CONTRACT PRICE: $ _____________ 7. Total Contract Price of: $_______________ 17 TS Down payments shall be made in the following manner: _______________________ Dollars ($ ____________ ) at Contract signing. WORK CRED ITS 8. Buyer shall receive work credits against the total Contract price for the following labor and/or materials to be performed and/or supplied: None have been identified or confirmed TOTAL WORK CREDITS ($ 0.00 ) ($ 0.00 ) Buyer agrees to perform the labor and/or furnish materials as set forth within a reasonable time after notice from the Builder that such work must be performed or materials furnished or to provide a cash escrow for such work or materials. Work and/or materials shall be acceptable to the Builder and appropriate inspection authorities. Buyer is responsible for determining that any party other than Builder who performs work and/or supplies material carries worker’s compensation insurance to the extent required by law and also liability insurance covering operations at the building site in the amount Builder is required to carry under Paragraph 16 hereof. Buyer agrees to hold Builder harmless from any and all claims, demands, actions, liabilities, losses, and damages to person or property arising out of or related to any act or omission of Buyer or any agent, contractor, or subcontractor of Buyer in, on, or about the building site, in connection with the performance of work or the furnishing of materials for the construction of the building. Buyer is responsible for the protection of, and/or repair of, damage to any materials or labor supplied by Buyer or Buyer’s Agent. Buyer or Buyer’s subcontractor’s work may void the Builder’s warranty. CONSTR UCTI ON PAYM ENTS 9. The balance due (contract price, less down payment and work credit) is $____________ Said balance shall be paid as construction progresses. Builder shall be entitled to 5 draws from the lender or escrow agent and the parties shall enter an escrow agreement reflecting the draw procedures. We request the use of Landmark Title Services, 5W Walworth St. Elkhorn, WI 53105 with phone # 262-743-1515 as the title company to handle inspections and draws. Builder shall accompany each payment request with a statement of progress. The format of the statement of progress shall be mutually agreed to by Builder and Buyer. Builder shall notify Buyer of payment/draw request at least 3 business days in advance of submitting the request. The Buyer shall make or authorize payment to the Builder within 3 business days after the receipt of each payment/draw request provided for above. Builder shall furnish proper waivers of lien to the escrow agent or lender. If required, to the extent of the progress payment authorized. If timely payment is not received, Builder shall be entitled to stop work and/or extend Contract time, which shall be treated as a delay to which Paragraph 19 applies. Buyer will be responsible for all progress payments not authorized and received and shall, in addition thereto, be responsible for all costs of collection including actual attorney’s fees. Buyer is responsible for payment in full prior to taking occupancy. 18 CHANGE S& EXTRAS 10. All changes in the plans or specifications will be made upon written order in the form at Exhibit A attached hereto prior to a change being made. Written changes shall be signed by Buyer and shall set forth a description of the change, addition or deletion and the cost or credit. Any changes or extras shall extend the time to complete the construction as provided in the Change Order. Changes requested by the Buyer during the process shall, at the sole discretion of the Builder, be subject to a surcharge of $150.00 per individual change. CONTING ENCIE S 11.A. If financing is required, this offer is contingent upon the Buyer or Builder on Buyer’s behalf, securing a fixed mortgage commitment for at least the sum of $ ___________ for a term not less than 30 years, with payment amortized over a period of about 30 years, in monthly installments for principal and interest with interest computed at not more than an initial rate of 6% per annum, plus mortgage insurance premium, if any, plus 1/12 of the estimated real estate taxes and 1/12/ of one (1) year insurance premium. Upon execution of said mortgage, which may include a rate adjustment clause and prepayment clause, interest thereon shall be borne by the Buyer, in addition to all other necessary financing costs charged by the Lender, all of which shall be paid as required. Regardless of whether any delay was caused by Builder, Buyer, or a third-party, Builder cannot be held responsible for change of mortgage interest rate during the building process regardless of time it takes to complete construction. Buyer covenants to attempt to secure financing in good faith and with due diligence. A. FINAN CING B. CASH SALE B. N/A C. FINAN CING COMMIT MENT ESCR OW C. If a financing commitment or escrow agreement is not obtained within 30 days from the date hereof, then either party may rescind this Contract, in writing, and all monies paid hereunder shall be refunded to Buyer. However, Buyer shall pay Builder the expenses incurred by Building in carrying out Builder’s obligations hereunder, plus mark-up, including, but not limited to, the following: survey, building permits, erosion control, dumpsters, credit report, any required tests, and the cost of plans or specifications prepared for Buyer. Buyer agrees to sign all documents necessary to obtain a mortgage or establish an escrow and to authorize the disbursement of proceeds from same as provided in Paragraph 9 herein. D. SALE OF OTHER PROP ERTY D. This Contract is not contingent upon the sale of other property. E. OTHER E. This Contract is further contingent upon: N/A ESCROW 12. In the event no financing is required, the parties agree that the total contract price, less the aforementioned down payment (when paid), shall be deposited with an escrow agent selected mutually by Buyer and Builder naming Builder as escrow proceeds recipient. Buyer shall pay any fees or charges for said escrow and agrees to authorize the disbursement of withdrawals from the escrow as set forth in Paragraph 9. Construction shall not commence until Builder receives written verification, satisfactory 19 to Builder, that the escrow has been established. CLOSING DATE 13. Financing shall be closed, prior to the start of construction, at the office of the Buyer’s mortgagee, on or before the 15 day of February, 2009 or such time and place as may be mutually agreed upon by the parties hereto in writing. Time is hereby made of the essence. DEFAULT PRIO R TO START OF CONSTR UCTI ON 14. In the event Buyer fails to fulfill Buyer’s obligations under this Contract prior to the start of construction, all monies paid hereunder shall, at the option of the Builder, be forfeited as liquidated damages. This Section shall not apply if Buyer properly exercises one of its contingencies in Paragraph 11 above. FINANCIN G OR CLOSING DELA Y 15. The total Contract price provided for in the Contract shall remain in full force and effect only if the financing referred to above is closed as provided above, time being of the essence. In the event financing is not closed on or before the stated date, Builder reserves the right to revise such price to cover any increased material and labor costs. If such increase is not consented to by Buyer, Builder may, at its option, cancel this Contract and return Buyer’s funds, less amounts as provided in Paragraph 11. INSURAN CE 16. The Buyer shall, prior to commence of the work and until full payment is made to the Builder, keep the building insured by a Builders Risk Policy, and to deposit with Builder a Certificate of Insurance until Contract is fulfilled. If the Buyer fails to effect or maintain insurance as provided above or to deposit the Certificate of Insurance, the Buyer assumes any or all liability; however, the Builder may insure its interest in the construction and charge the cost thereof to the Buyer as a line item in this contract. The Builder shall maintain Comprehensive General Liability Insurance of not less than $1,000,000.00, Bodily Injury/Property Damage and Workers Compensation. Builder shall be not liable for uninsured damages or losses, or any other condition or occurrences which are not within the control of the Builder. Any loss in the amount of the deductible of a Builders Risk Policy hereunder will be paid by the Buyer VALIDITY OF LOT OWN ERSHI P 17. A Copy of the deed or tax bill (listed in the name of the buyer) shall suffice as proof of ownership. LIEN NOTI CE 18. As required by the Wisconsin Construction Lien Law, Builder hereby notifies Buyer that persons or companies furnishing labor or materials for the construction on Buyer’s land may have lien rights on Buyer’s land and buildings if not paid. Those entitled to lien rights, in addition to the undersigned Builder, are those who contract directly with the Buyer or those who give the Buyer notice within sixty (60 days after they first furnish labor or materials for the construction. Accordingly, Buyer will probably receive notice from those who furnish labor or materials for the construction and should give a copy of each notice received to 20 the mortgage lender, if any. Builder agrees to cooperate with the Buyer and lender to see that all potential lien claimants are duly paid. CONSTR UCTI ON SCHEDUL E AND STANDA RDS BUILDING SITE CONDITI ONS AND MATERIA L COSTS WEATHE R CONDITI ONS SUPERVI SION OF WORK 19. Builder agrees to commence excavation of said building within 30 working days after Builder’s receipt of down payment (weather and roads permitting), escrow verification, building permits, change orders, plan revisions or subcontractor agreements. The Builder shall be the authority for the proper usage, arrangements and placements of fixtures, equipment and materials in accordance with recognized standards. Said building shall be completed in a good workmanlike manner in quality equal to the standards of the industry as expressed in the Construction Industry Quality Standards published by the LBA (local Association). Construction shall be substantially completed within 150 calendar days after date of commencement except when Builder shall be prevented from commencing or completing such building by reason of change or delays requested by the Buyer or public authorities, other acts of the Buyer, shortage of labor and materials, abnormal building site conditions, strikes, weather conditions, storms, lightning, hail, flood or similar occurrences, damages caused by riot, civil commotion, vandalism, theft, ware, fire, or any other conditions or occurrences whether similar to the foregoing or not which are not within the control of the Builder. Buyer is cautioned that the failure of Buyer to make selections in a timely manner will extend the construction period. In the event commencement or completion of construction is delayed by reasons of any of the foregoing events occurring during the Contract period and by reason of such delay the costs of labor and materials are increased over original Contract price, the increased costs shall be charged as an extra subject to the terms of Paragraph 10. Builder shall notify Buyer of such increase at the time the increase occurs and upon Buyer’s request shall furnish the Buyer with copies of invoices or other documentary evidence to verify such increased costs. 20. In the event abnormal building site conditions are encountered in conjunction with the foundation, installation of sewer and water laterals or well and septic installation, Buyer agrees to pay the cost of any additional work or materials. This does not constitute change in plans and specifications as detailed in Paragraph 10. Buyer agrees to pay for the additional costs caused or resulting from site conditions including, but not limited to, the following: abnormal soil conditions, removal of trees, providing fill or cutting to grade, trucking excess fill, frost breaking, water pumping, concrete pumping, excavation cave-in corrections, snow removal, and any related costs. Any such extra costs shall be computed and documented as set forth in Paragraph 6. Builder will not be held responsible for unknown or unforeseen subsoil conditions that could affect the structure, well and septic, or laterals. 21. Buyer agrees to pay Builder all additional charges for additional work and materials which may be required due to weather conditions, including, but not limited to, service trips to hook up furnace before finish, haying footings and foundation, frost breaking, snow plowing, etc. Any such extra costs shall be computed and documented as set forth in Paragraph 6. 22. Buyer agrees that the direction and supervision of the working forces, including subcontractors, rest exclusively with the Builder, and Buyer agrees not to issue any instructions to, or otherwise interfere with the same. The Buyer shall at any reasonable time during working hours have the right to inspect the work. Buyer shall exercise all reasonable diligence in inspecting, discovering and reporting to Builder, as the work progresses, all materials and labor which are not satisfactory to Buyer, so as to avoid 21 unnecessary trouble and costs to Builder. Any objection by Buyer not raised upon inspection shall be deemed to have been waived. Builder shall not be responsible for any injury to Buyer during said inspections. The Buyer further agrees not to negotiate for additional work with the subcontractor nor to engage other builders or subcontractors except with the Builder’s prior consent and in such manner as will not interfere with the Builder’s completion of work under this Contract. Slight deviations from plans and specifications shall be construed as substantial compliance with the Contract. Builder shall retain exclusive control over all subcontractors, material providers and service providers to the construction site. Subcontractors shall not take direction from the Buyer. UTILITIES WORK STOPPA GE OR PAYMEN T DEFAULT POSSESS ION AND OCCUPA NCY WARRAN TY 23. Buyer agrees to promptly apply for and have water and electric meters installed in his name. Buyer agrees to pay for all utility and heating related costs during construction. 24. If the work shall be stopped by the order of the Buyer, any court or other public authority, or if the Buyer fails to make payments as herein agreed. Builder shall have the right to stop work or terminate this Contract and receive from the Buyer payment for all work performed and materials ordered or delivered, together with 15 % mark-up. If Builder elects to stop work only, stoppage shall be considered a delay, as set forth in Paragraph 19. 25. If, pursuant to written permission of Builder, Buyer should occupy the real estate prior to final payment, then Buyer and Builder shall amend the Escrow Agreement to include punchlist items to be completed by the Builder. The amendment shall provide that Buyer shall execute a final draw release and deposit it with the Escrow Holder. Upon completion of all of the items on the pointillist and proper verification and/or inspection or the Escrow Holder, the Escrow Holder shall release the final draw and all payments owing to the Builder. 26A. The home constructed under this Contract shall be warranted as follows (check one): (A) After completion of the home, final settlement and execution of the application for an insured warranty plan between Builder and Buyer, the home shall be covered by the provisions of the insured warranty plan as set forth in the applicable documents; or X (B) The home constructed under this Contract shall be warranted by a two-year warranty from completion or occupancy of the home, whichever occurs first. The warranty shall be governed pursuant to the Construction Industry Quality Standards (as applicable), published by the LBA. (Local Association). THERE SHALL BE NO OTHER WARRANTY BEYOND WHAT IS STATED HEREIN. Work performed by the Buyer or Buyer’s subcontractor may void any warranty identified herein. NOTICE OF DEFE CTS AND RIGH T TO 26B. Builder and Buyer acknowledge that their duties and rights under this Contract are subject to Section 895.07 of the Wisconsin Statutes, the “Right to Cure Law”, as more fully explained in the Notice Concerning Construction Defects attached to this Contract as Addendum A and the brochure prepared by the Wisconsin Department of Commerce titled “Wisconsin’s Framework for Successful Communications Between Consumers and Contractors.” BUYER ACKNOWLEDGES THAT A COPY OF THE BROCHURE HAS BEEN GIVEN TO THE BUYER PRIOR TO SIGNING THIS CONTRACT. INITIALS 26C. Builder shall not be obligated to replace or repair any Construction Defect, as defined below, or 22 CURE DISPUTE S pay for the replacement or repair of the same if such Construction Defect is caused, in whole or in part by: (i) Buyer’s improper or insufficient maintenance of the Building or improper or insufficient maintenance or operation of any of the Building’s systems; (ii) natural occurrences beyond Builder’s control; (iii) an act or omission of Buyer or any third parties not under Builder’s control, including, but not limited to, work performed by the Buyer or by Buyer’s subcontractors; or (iv) normal wear and tear and normal usage. The term “construction defect” shall have the meaning set forth under Section 897.07(1)(e) of the Wisconsin Statutes, as amended from time to time. 27. The following provisions apply should any dispute arise between the parties relating in any manner to this Contract, including, but not limited to: the meaning of this Contract; the enforceability of the Contract; the rights or obligations of any party under this Contract; the performance of any aspect of this Contract or the construction work, or any disagreements regarding charges for extras or changes. MEDIATI ON If either the Buyer or Builder requests, in writing, that a dispute be resolved by mediation, the other party must proceed to mediate the dispute(s). If mediation is requested, the mediation shall be conducted by the LBA. The parties agree, in the even the dispute proceeds to mediation, that they will make a good faith effort to resolve their dispute(s) through the mediation process. The parties agree that they will abide by the LBA policies and procedures. Proceeding to mediation does not waive or affect the obligation of the parties to resolve their dispute(s) by arbitration in the event mediation is not successful. ARBITRA TION INTERIOR CONDITI ONS Any dispute which is either not referred to mediation or is not resolved through mediation (other than enforcement of any insured warranty plan), shall be resolved by arbitration. The arbitration shall be conducted by Construction Arbitration Services under the rules then in effect. The decision of the arbitrator(s) shall be final and binding and may be enforced by any party in a court of competent jurisdiction in accordance with provisions of the Wisconsin Arbitration Act. Disputes arising under any warranty given in connection with the agreement shall be settled in accordance with the claims procedures and dispute settlement mechanism provided in that warranty, if any. The filing of the lien claim shall not be considered an election by the Builder to waive its rights under this provision. [The decision of the arbitrators shall be binding, final and may be enforced in accordance with the applicable provisions of Chapter 788 of the Wisconsin Statutes.] 28. WARNING: Energy efficiency in this home is achieved by construction methods which reduce air infiltration and air changes per hour. This may result in a concentration of water vapor from cooking, showering, etc., which, at excessive levels, can cause property damage. Likewise, concentration of mold, radon or chemical compounds released from soil, household furnishings, personal possessions, and building materials, at excessive levels, may create irritant effects or health hazards. Buyer can minimize adverse effects by proper utilization and maintenance of ventilation fans and/or other ventilation devices installed by the Builder and by opening doors and windows to increase ventilation. BUYER HEREBY ACKNOWLEDGES THAT BUYER HAS BEEN INFORMED OF SUCH HEALTH RISK AND BUYER ASSUMES ALL RISKS OF 23 DAMAGE OR INJURY WHICH MAY ARISE AS A RESULT OF, OR IN ANY WAY CONNECTED WITH SUCH CONSTRUCTION METHOD AND HEREBY FULLY, FINALLY AND FOREVER RELEASES AND DISCHARGES BUILDER, ITS OFFICERS, EMPLOYEES, SUBCONTRACTORS, AND AGENTS FROM AND AGAINST ALL CLAIMS, LIABILITIES AND EXPENSE AND DAMAGES THEREFROM WHATSOEVER, WHETHER NOW KNOWN OR HEREAFTER KNOWN, WHICH BUYER OR ITS ASSIGNS MAY HEREAFTER HAVE AGAINST BUILDER, ITS OFFICERS, EMPLOYEES, SUBCONTRACTORS, AND AGENTS REGARDING THE MATTER REFERRED TO IN THIS PARAGRAPH. AS IT RELATES TO THIS SECTION 28, BUILDER MAKES NO EXPRESS OR IMPLIED WARRANTY OF HABITABILITY, FITNESS OR GOOD WORKMANSHIP AS TO BUILDING MATERIALS AND/OR CONSTRUCTION METHODS. ENVIRON -MENTAL ISSUE S 29. Builder is not responsible for environmental conditions of the building site, including, but not limited to, stormwater and wetland issues affecting the site. Builder is not responsible for environmental site conditions including radon, existing lead paint, asbestos, molds, or unknown conditions at the site. SAFE DRIN KING WATER ACT 30. Unless otherwise expressly provided in writing, Builder does not warrant or guarantee compliance with the provisions of the Safe Drinking Water Act or similar laws or ordinances relating to drinking water. Compliance with any such law is Buyer’s responsibility. SPECIAL CONDITI ONS 31. Special Conditions: Currently, none have currently been identified by either party SIGNATU RES 32. The signature of either Buyer (if more than one) subsequent to the signing of this Contract shall be sufficient for all purposes under the Contract, including change orders, if any. ENFORC EABILITY 33. DEFAULT AND TERMINA TION 34. Builder may, on three (3) days written notice to Buyer, terminate this Contract before completion if: If any part of this Contract is found to be unenforceable, it shall not affect the enforceability of the remainder of this Contract. The failure of either party to enforce any term or condition of this Contract shall not be deemed to constitute a waiver of any other breach of any right, claim, term or condition of this Contract. A. Buyer is in default on any payment for a period of twenty (20) days or more; or, B. The work is stopped by the Order of the Buyer, Buyer’s architect or engineer, or any court or public authority. On such termination, Builder may recover payment for all work completed and for any loss sustained for materials, equipment, tools, labor or machinery to the extent of actual loss 24 thereon plus reasonable profit. All sums due and owing more than thirty (30) days from the due date shall bear interest at an annual rate of ten (10%) percent. Builder shall have the right to collect amounts due hereunder pursuant to all remedies available by law. To the extent not prohibited by law, Buyer shall pay all reasonable costs and expenses of collection, including attorney’s fees and other legal expenses, incurred by the Builder in the enforcement of this contract. COPYRIG HT NOTICE FINAL AGREEM ENT ACCEPTA NCES 35. N/A 36. This Contract expresses all agreements between the parties concerning the subject matter hereof, and shall be binding upon and shall inure to the benefit of the heirs, administrators, executors, successors and of the parties hereto. We have read this Contract carefully before signing and hereby acknowledge receipt of a copy hereof. Preservation Homes, Inc BUILDER BY: _____________________________ BUYER(S) BY: BY: Received of ___________________________: DOWN PAYM ENT RECEIPT __________________________ ($_________) Date: _________ INITIALS: __________ Copyright © 2001 by the Wisconsin Builders Association. All rights reserved. This document form is solely for use by the members of the Wisconsin Builders Association. WBA Contruction Contract 09-18-2006 25 CONSTRUCTION CONTRACT ADDENDUM A NOTICE CONCERNING CONSTRUCTION DEFECTS Wisconsin law contains important requirements you must follow before you may file a lawsuit for defective construction against the contractor who constructed your dwelling or completed your remodeling project or against a window or door supplier or manufacturer. Section 895.07 (2) and (3) of the Wisconsin statutes requires you to deliver to the contractor a written notice of any construction conditions you allege are defective before you file your lawsuit, and you must provide your contractor or window or door supplier the opportunity to make an offer to repair or remedy the alleged construction defects. You are not obligated to accept any offer made by the contractor or window or door supplier. All parties are bound by applicable warranty provisions. Buyer acknowledges receipt of the Notice Concerning Construction Defect and the brochure prepared by the Wisconsin Department of Commerce titled “Wisconsin’s Framework for Successful Communications Between Consumers and Contractors.” INITIALS 26
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