CMH Standard Residential Agreement
UPDATED: OCT 1, 2021
This Statement of Work (SOW) is issued between the Homeowner or Construction Manager, Signature (“Client”) and CMH Concrete Pumping Inc. (“Contractor”), effective (INSERT DATE) (the “Agreement”). This SOW is subject to the terms and conditions contained in the Agreement between the parties and is made a part thereof. Any term not otherwise defined herein shall have the meaning specified in the Agreement. In the event of any conflict or inconsistency between the terms of this SOW and the terms of this Agreement, the terms of this SOW shall govern and prevail. This SOW (hereinafter called the “SOW”), effective as of (INSERT DATE) , is entered into by and between Contractor and Client, and is subject to the terms and conditions specified below. The Exhibit(s) to this SOW, if any, shall be deemed to be a part hereof. In the event of any inconsistencies between the terms of the body of this SOW and the terms of the Exhibit(s) hereto, the terms of the body of this SOW shall prevail. By signing this agreement you are also consenting to placement of a CMH Concrete yard sign during construction and the photo documentation of your project for CMH project management, marketing purposes, and use in verification documentation to city inspectors and licensed engineers and architects. The structural integrity of your concrete is guaranteed for one year from the date of installation, from cracks over one quarter inch in width. Thinner cracks are normal as it cures. There is no warranty for aesthetic outcomes such as color or texture or any other subjective aspect of your new concrete slab that is not related to the structural integrity of the concrete. IMPORTANT: Typically there is a time gap between when the estimator quotes your project and when the operations crew shows up to do the actual work. As the contractor or homeowner it is your responsibility to communicate directly with the on-site crew foreman once your job is started to ensure your project is done per specs and there is no ambiguity on what exactly is to be done. You should be present to review and approve the forms once they are set and well in advance of the arrival of the concrete so there is ample time to make any adjustments, if needed. Client acknowledges and understands that demolition and the installation of concrete is messy. This includes concrete that may splash on surrounding surfaces such as brick, painted boards, and basement windows, and surfaces where temp supports may show nail holes and minor damage. The contractor will power wash the immediate work area following construction to help clean sidewalks and curbs in front of building. Please note that small hairline cracks are not uncommon after concrete has dried. However, cracks over 1/4 inch wide are not normal. If you observe these cracks within the first month after you slab is poured, you must contact CMH immediately for inspection.
COMPLETION CRITERIA: Contractor shall have fulfilled its obligations when any one of the following first occurs: • Contractor accomplishes the Contractor activities described within this SOW. Homeowner / contractor shall not withhold payment unless there is gross negligence or a significant breach of contract. Upon completion, the remaining balance must be paid in full on the day of final backfill. Failure to pay at time of completion will result in a late payment fee of $200 or 5% of the total project fee, whichever is greater. This will be added to the total invoice. Delinquent accounts more than 30 days will incur an 18.95% APR charged and compounded monthly prior to filing a workman’s lien on the property. These fees are necessary becasuse we have to pay our suppliers (concrete companies) and payroll for workers weekly. Delays in your payment increases our costs for your project. Non payment after 3 months will result in further actions, including but not limited to workmen’s lien placed on your property and legal action to ensure collection for work done, including any legal fees, court costs, and any other delinquent fees and penalties.
WARRANTY: Helical/Push pier installations come with a lifetime transferrable warranty against further vertical movement in the areas where the piers were installed. We always recommend piering the entire structure. We are not responsible for movement in the areas where we did not do work. •We are not responsible for any interior/exterior concrete slab movement. •We do not guarantee lift when stabilizing structures but attempting to lift or adjust the foundation can be done at the discretion of the customer and engineer. •We can’t guarantee the straightening of doors/windows and we can’t guarantee all cracks will close. •We are not responsible for any cosmetic damages that occur to the home during a lifting/lowering process. In rare cases, light drywall cracks can happen when stabilizing the foundation. We are not responsible for those cracks. •It is always recommended to have a third-party engineering design and inspect the work that is being done. |