1 Smart Build, Inc can edit or change the Terms and Conditions at any time.
In the case of an emergency, please call 911 and update “1 Smart Build, Inc.”
Working hours are
Monday to Friday 9 a.m to 5 p.m – Pacific Standard time.
All work will be done up to code & according to design plans.
The contractor will do all city services. (Included permits and appointment, the customer will pay all fees)
All pricing includes construction materials, labor, and taxes.
Be advised days of inspections are days off.
All city inspections (appointments, Delays) will be deducted from the contractor’s working days.
Inclement weather will be deducted from the contractor’s working days.
Please be advised, that areas under construction are not inhabitable conditions!
FORCE MAJEURE If the performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party is unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such an event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm, pandemic, or other similar occurrence, orders, or acts of military or civil authority, or by national emergencies, insurrections, riots, wars, strikes, lockouts, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
1 Smart Build, Inc. will pull a permit under their license and the customer will reimburse permit fees.
If allowed, the contractor will install their sign in front of the house for the duration of the job.
If the City requires plans or permit corrections, the client will pay $150 for each
extra visit to the city.
1 Smart Build, Inc. will provide portable toilet/s during job time if possible.
Workdays are Monday-Friday, from 8 am-5 pm unless both sides agreed otherwise.
1 Smart Build, Inc. will leave a lockbox for the duration of the project and the client will provide a key to allow the crew to work during work hours.
The customer will provide all floor tiles, appliances, plumbing fixtures, and any light fixtures other than recessed lights.
The customer will make sure all finish materials are in-house prior to the start of the job.
Any missing items will cause a delay in the project.
The customer must purchase plumbing fixtures that are complied with California codes.
Any special Tile that requires special treatment (for example — Saltillo, Marble, glass, will require additional work at extra cost.
In case the client works and pays directly to vendors, 1 Smart Build, Inc. will do the coordination but are not responsible for the vendor’s work.
Any special custom tile design other than straight lines or brick patterns will require additional work at extra cost.
In the case of electrical dedicated lines are required for the existing electrical panel, an additional charge of $325 per line will apply.
In the case of Upgrading the Main Panel, if relocation of the panel is required, it will be quoted separately.
Any special outlets or switches, such as differences in color and style, are to be provided by the customer.
Job doesn’t include replacing or upgrading existing electrical panels.
In case of requirements from the city for an update of the smoke detector, shut off the gas valve, etc. contractor will quote it when it comes.
Any city requirement that was not agreed on in the agreement will be charged accordingly, including any Electrical, Plumbing, Mechanical, or Building. Any unforeseen structural, A/C ducts, gas lines, plumbing, or electrical issues that will need to be addressed after the opening walls, as well as lack of insulation will be quoted separately and accordingly.
1 Smart Build, Inc. will use standard paint (Dun Edwards, Behr, or similar). Allowance up to $45 per gallon.
Job does not include outside stucco work unless specified in the contract.
Interior paint will not include doors, casings, windows, shutters, or any other cabinets in the house unless specifically mentioned in the above specification.
Bathroom Remodeling — 1 Smart Build, Inc. will install pre-made assembled vanities. If vanity comes unassembled, it will require additional work at extra cost.
Installing a bathroom fan does not include running ducts to the exterior.
If the homeowner purchases a tub that is heavier than 300 pounds, it will require additional work at extra cost (carrying and floor reinforcement).
Kitchen Remodeling — Some ceilings in the kitchen are not even or level and therefore upper cabinets crown molding may have minor gaps. Leveling or redoing the existing ceiling will require additional work at extra cost.
The customer agrees not to talk directly to workers and only to the assigned project coordinator for us to control the job and to give the best customer
service.
The customer understands that our employees or subcontractors will not perform any side jobs and all additional jobs need to be directed to the office. If any lead,
asbestos and mold are found, they will be quoted separately by the licensed company.
The customer understands that the above specifications are the actual final agreement between the customer and 1 Smart Build, Inc. for work to be done. No other
verbal promises by the representative are included in this contract.
1 Smart Build, Inc. will do its best to keep the job site clean and protected and will cover the floors to avoid dirt and dust from spreading. 1 Smart Build, Inc. will pick up the big debris at the end of the job, but the final cleaning is to be done by the customer as 1 Smart Build, Inc. is not a cleaning company.
Payments will be collected on the first day of the job and then by every Stage payment, we have accomplished based on the stage payment as agreed in the contract.
Payments will be expected with Checks, same-day Wire transfers, Credit Card, or Cash only. Any delay in payment for an unjustified reason for the stage payments as agreed between 1 Smart Build, Inc. and Client will result in $250 per day additional charges.
If for any unrelated reason to this project scope of work as described in this agreement, a city inspector refuses to sign off the final inspection, the customer will release this payment with no delays.
1 Smart Build, Inc. is authorized to take pictures and videos of the project at any time, during and after work has been done.
Please read them carefully. You
may either accept or decline the Terms as indicated at the bottom of this page,
but to make payment using the Services you must accept the Terms by default.
All payments of 1 Smart Build, Inc. invoices using the online payment
facilities are subject to the following conditions. 1 Smart Build accepts the
following payments:
Debit cards. (*NOT TO EXCEED $5000.00)
Credit cards. (*NOT TO EXCEED $5000.00, Limited to visa, Mastercard, AMEX)
Electronic bank transfers.
Personal
Check.
Zelle.
Wire transfer.
All and every transaction with a credit/debit card will be charged an additional 5% fee for each transaction.
You are 18 years of age or over. You have the appropriate authority to validly accept the Online Payment Terms and can and will meet your obligations in relation to these Terms. The credit card used in connection with the Services is issued in your name or you are authorized to use the credit card. You will pay all with the credit card issuer
for all charges incurred in the use of the Services. The information supplied by you is true and correct. When you complete this payment form, funds will be
deducted from your credit card / Bank Account in USD currency. All payments are debited to 1 Smart Build Inc. Due to the way transactions are processed by the external banking sites, there may be delays of 1-3 business days in updating your payment in 1 Smart Build, Inc. records.
Credit card payments are secure: Payments will be processed using Secure Socket Layer (SSL) technology.
Credit card numbers are protected with a high level of encryption when transmitted over the Internet.
1 Smart Build, Inc. does not store in any way your credit card details.
If successful, you will receive a confirmation notice of your completed payment. If unsuccessful, you will be advised that your payment has failed. “1 Smart Build, Inc.” will not be advised why a payment has failed; therefore, you should contact your credit card/bank provider for details. If your payment fails, please use one of the other payment methods described on your invoice pay your invoice. Please arrange an alternative payment method promptly to ensure continuous use of 1 Smart Build, Inc. services and Internet resources.
1 Smart Build, Inc. will confirm your payment details via email.
By paying to 1 Smart Build, Inc. you accept and consent to your personal data being provided to the Service Provider for the sole purpose. We respect the privacy of every individual. The 1 Smart Build, Inc. payment system has security measures in place to protect the loss, misuse, and alteration of the information under our control.
1 Smart Build, Inc. Terms and Conditions for online payments are subject to change at any time. Each transaction shall be subject to the specific Terms and Conditions that were in place at the time of the transaction.
If you have any questions or concerns, please contact support by email at:
or
telephone at:1-866-419-8840
All contracts must include the agreed-to price. Any job costing $500 or more (combined material and labor) needs a written home improvement contract.
By law, the job must be completed for the agreed-upon contract price. If the contract price needs to be changed, it MUST be done with a written change order that becomes a part of the contract.
There are no exceptions for special order materials.
There is a down payment exception for about two dozen licensees who carry special bonds to protect consumers, known as blanket performance and payment bonds.
These exceptions are noted on
CSLB’s website.
A home improvement contract must include a payment schedule. It should show the amount of each payment and explain what work, materials, or services are to be
performed for that payment.
Payments to the contractor cannot exceed the value of the performed work. Swimming Pools – A final swimming pool contract payment may be made at the completion of the final plastering phase of construction (provided that any installation of equipment, decking, or fencing required by the contract also is completed).
If applicable, finance charges must be calculated and laid out in detail, separate from the contract amount.
If the contract provides for payment of a salesperson’s commission as part of the contract price, that payment must be made on a pro-rata basis in proportion to the schedule of payments made to the contractor.
A salesperson cannot legally sign a home improvement contract for the contractor unless he or she is a valid, CSLB-registered home improvement salesperson (HIS).
A construction or building permit is a required document in most jurisdictions for a large range of project types, including new construction or adding to pre-existing structures, major renovations, heating, and air-conditioning repairs, and installation of water heaters and swimming pools. Permits are issued by the local building department. Generally, the new construction must be inspected during construction and after completion to ensure compliance with national, regional, and local building codes.
can result in significant fines and penalties, and even demolition of unauthorized construction if it does not meet code requirements.
Does your contractor have employees? Workers’ compensation insurance is required by law if the contractor has employees or workers. Check the CSLB website, www.cslb.ca.gov or www.CheckTheLicenseFirst.com to make sure the workers’ comp policy is current. Although not required, it’s also a good idea to ask whether the contractor carries general liability insurance in case your property accidentally is damaged during the project. You might consider contacting your homeowner insurance carrier to find out if it would be advisable to take out a temporary “rider” to your insurance policy, which is extended coverage for a determined period or for a particular use.
Right to Cancel the Home Solicitation Sales Act requires a seller of home goods or services to give the buyer three (3) business days (Or five business days if the buyer is 65 or older) to think about whether to buy the offered goods or services. To cancel, the buyer need only give the contractor written notice of his or her intent not to be bound by the contract there is no penalty or obligation on the part of the buyer. Under state law, when the contract is canceled, the seller is required to return any money that was paid within 10 days of receiving the cancellation request. The consumer/buyer must return any materials to the contractor that were applied to the contract. The purpose of the right to cancel is to protect consumers from the pressure they often feel from in-home solicitors.
If the contract is negotiated at the contractor’s place of business, the three- or five-day right to cancel does not apply.
One major exception to the three- or five-day right to cancel is a “service and repair” contract that covers emergency repairs or services that are requested by the consumer on short notice. The right to a cancelation notice is automatically voided the moment the contract is signed and the contractor begins working on a service and repair contract.
Consumers are required to receive a “Notice to Owner” warning about property liens.
Anyone who helps improve the property, but is not paid, may place what is called a mechanics lien on the property. A mechanics lien is a claim made against the property by the person who was not paid and is recorded with the county. Even if the contractor is paid in full, unpaid subcontractors, suppliers, and laborers involved in the project may record a mechanics lien and sue the property owner in court to foreclose the lien. A property owner could be forced to pay twice or have the court sell the home to pay the lien. Liens also can affect a consumer’s personal credit rating and affect his or her ability to borrow and refinance. themselves from liens by getting a list from the contractor of all subcontractors and material suppliers who will work on the project, along with the dates they will start and finish the work. Material suppliers and subcontractors are required to give the property owner a “Preliminary Notice” of their right to file a lien within 20 days of delivering products/materials or 20 days of beginning the work. Have subcontractors sign lien releases when their portion of the work is completed. Another option for consumers is to pay with a joint check that is payable to both the contractor and the subcontractor or material supplier.
What warranty is a contractor required to provide under California Law? There are basically three warranties that are law in California. These warranties are defined in the CALIFORNIA BUSINESS AND PROFESSIONS CODES and in the CALIFORNIA CIVIL CODE.
The one-year warranty: for new construction & remodels the standard “one year expressed limited warranty” also known as the “Fit and Finish warranty” is an industry-standard and a California law [CALIFORNIA CIVIL CODE 900] and is considered an implied warranty. Even though the state has adopted a standard of warranty, a written warranty is always better. With a one-year written or implied warranty, you are required to file a complaint within the one-year period [CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTION 7091-c].
Four-year warranty: All contractors / all jobs A licensed contractor is required to give a warranty on items installed under his /her license to be free from defective installation including, but not limited to the local codes and manufacturer’s installation requirements for up to four years after the completion of a job. The claim may be made on any defect, either known or unknown, and discovered within the four-year period [CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTION 7091-a]. A licensed contractor can be held liable for repairs and damages caused by the defective installation. A licensed contractor who fails to meet the minimum installation requirements can be sued in a court of law and a complaint can be filed with the California State License Board.
Ten-year warranty: Structural defects A licensed contractor and/or the engineer on record is required to provide a warranty on certain engineered components that are to be free from engineering defects, miscalculation, or omissions. Such defects could be site stability, the integrity of the foundation, site retaining walls, roof framing, etc.… These defects may be considered Latent defects. Latent defects are defects that lay dormant and are undiscoverable without certain expertise or disaster. Such latent defects may include foundation settling, excessive sagging of beams or other framings which may be undersized, unusual site movement, etc.…
(a) A complaint against a
licensee alleging commission of any patent acts or omissions that may be
grounds for legal action shall be filed in writing with the registrar within
four years after the act or omission alleged as the ground for the disciplinary
action…
(b) A complaint against a
licensee alleging commission of any latent acts or omissions that may be
grounds for legal action pursuant to subdivision (a) of Section 7109 regarding
structural defects, as defined by regulation, shall be filed in writing with
the registrar within 10 years after the act or omission alleged as the ground
for the disciplinary action…Where can I file a complaint? First, you are
required to notify the contractor in writing and allow him to inspect, evaluate
and make an offer to repair or settle the claim [CALIFORNIA CIVIL CODE 917]. If
the contractor refuses to respond to your claim
or does not offer a reasonable
settlement or repair within a reasonable time frame, you may then consider
legal action [CALIFORNIA CIVIL CODE 915]. Legal action may include Small Claims
court if the amount is under the limit of ($5,000 to $7,500 depending on the
claim) or you may wish to contact a construction defect attorney to pursue
civil damages.
Another option is contacting
the Contractors State License Board, which is the state consumer protection
agency that licenses and regulates construction contractors. If you file a
complaint against a licensed contractor within the legal deadline, CSLB has the
authority to investigate the complaint. If you use an unlicensed contractor,
CSLB may not be able to help you resolve your complaint. Your only remedy may
be in civil court, and you may be liable for damages arising out of any
injuries to the unlicensed contractor or the unlicensed contractor’s employees.
For Information about filing a
complaint to the Contractors State License Board:
Visit CSLB’s website at: www.cslb.ca.gov Call CSLB at 800-321-CSLB (2752) Write
CSLB at P.O. Box 26000, Sacramento, CA 95826, Or if you would like to lookup
California Law regarding your rights go to: www.leginfo.ca.gov/index.html
What if a contractor fails to
repair the defect or pay the settlement once I get a judgment or order?
If a licensed contractor fails
to pay a civil penalty or to comply with an order of correction or an order to
pay a specified sum either by court order or by CLSB action, a suspension of
his license per the CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTION 7090.1 may
occur. Also, an attorney may be able to help collect on a judgment. What is a
“Contractor’s License Bond?”
A contractor’s
bond guarantees
both job completion and payment of all labor and material. All contractors are
required to have a minimum $10,000 bond. Some bonds are designed to protect you
from substandard work that does not comply with local building codes. Check
with the CSLB if you wish to file a complaint against a licensed contractor and
pursue a contractor’s bond for reimbursement of a judgment.
“1 Smart Build, Inc.” does NOT provide a warranty for the following:
Any cement work, Cracks, breaks, discoloration, etc.…
Any stucco work, Cracks, breaks, discoloration, etc.…
Any job that was not done and/or completed by “1 Smart Build, Inc.”
Any product that was not made by “1 Smart Build, Inc.”
We reserve the right to decline the acceptance of any type of payment. If your account is in the default for any reason. 1 Smart Build Inc. may also make
additions/deletions/alterations to the services offered, at its sole discretion. We reserve the right to refuse service /withdraw the service at any time at its discretion.
An escalation clause is a provision in a contract that calls for adjustments in fees, wages, or other payments to account for fluctuations in the costs of raw materials or labor. This clause shifts the burdens for increasing materials and labor costs from the contractor to the client.
