HAWX Builder Client Agreement
This Client Agreement ("Agreement") is entered into as of the date of acceptance by HAWX Builder ("Company") and the Client ("Client"). This Agreement governs the terms and conditions under which the Company shall provide construction services to the Client.
Company:
HAWX Builder
750 S Main Street Ste 150
Keller, Texas 76248
(817) 793 - 8213
info@hawbuilder.com
1. Definitions
For the purposes of this Agreement, the following terms shall have the meanings ascribed to them:
"Work" refers to all services, labor, materials, and equipment necessary to complete the construction project as specified in the estimate provided to the Client.
"Estimate" refers to the written document detailing the scope, pricing, and timeline of the Work, which is incorporated herein by reference.
"Change Order" refers to a written modification to the scope of Work, which must be executed by both parties.
"Party" refers to either the Company or the Client, and "Parties" refers to both the Company and the Client collectively.
2. Beginning Timeline
The commencement date for the Work shall be established following the Company's receipt of the initial deposit. The Company shall schedule the beginning of the Work to occur no sooner than one (1) to two (2) weeks from the date the deposit is received. The Client shall be notified in writing of the confirmed start date. Delays in the payment of the deposit may result in a corresponding delay in the start date, with no liability incurred by the Company for such delays.
3. Scope of Work
The Company agrees to perform the Work as delineated in the Estimate provided to the Client. This Estimate is hereby incorporated into this Agreement and is an integral part of the contractual obligations of the Parties. The Work shall be executed in accordance with the specifications, drawings, and other documents mutually agreed upon by the Parties.
4. Contract Price
The total consideration for the Work shall follow as specified in the Estimate. The payment schedule shall be outlined in the Estimate. In the event that payment terms are not explicitly stated in the Estimate, the following standard payment schedule shall apply:
Forty Percent (40%) of the total contract price shall be due upon commencement of Work.
Twenty-Five Percent (25%) shall be due at the halfway point of the project, as determined by the Company.
Twenty-Five Percent (25%) shall be due upon completion of the project.
Ten Percent (10%) shall be due after the final walkthrough and the completion of the checklist, which must be mutually acknowledged by both Parties.
The Client's payment of the deposit, or any portion thereof, shall constitute an acknowledgment and acceptance of all terms and conditions set forth in this Agreement.
5. Timeline
The anticipated timeline for the completion of the Work shall be specified in the Estimate. The Company shall provide written notice to the Client of any delays or changes to the timeline, including, but not limited to, reasons for such delays. The Company shall use commercially reasonable efforts to adhere to the established timeline but shall not be liable for delays resulting from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, or labor disputes.
6. Permits and Licenses
In the cases where permitting is required, the Company shall be responsible for obtaining all necessary permits and licenses required to lawfully perform the Work. Unless, the client decides to obtain the permits on its own. This will be specified in the estimate provided. The Company shall comply with all applicable federal, state, and local laws, ordinances, regulations, and building codes. The Client agrees to provide any necessary assistance and documentation to facilitate the procurement of such permits and licenses. Delays could occur in the absence of paperwork, signatures, or city circumstances that delays approvals of permits. The Company will not be held accountable for these delays.
7. Change Orders
All changes to the scope of Work must be documented in a Change Order, which shall be signed by both Parties. In the event that the Parties cannot reach an agreement regarding a Change Order, the matter shall be resolved through binding arbitration as detailed in Section 13 of this Agreement. The Company shall not be obligated to commence work on any changes until a signed Change Order has been executed by both Parties.
8. Warranties
The Company warrants that the Work will be performed in a professional and workmanlike manner in accordance with industry standards. This warranty shall be limited to workmanship only and shall remain in effect for a period of one (1) year from the date of completion. This warranty does not extend to defects resulting from materials provided by the Client or any misuse or abuse of the Work. This warranty does not extend to work performed by unlicensed industry professionals. All warranties only apply if specifically stated in the estimate.
9. Insurance and Liability
The Company shall maintain general liability insurance. The Company agrees to furnish the Client with proof of such insurance upon written request.
The Company shall not be liable for any indirect, incidental, special, or consequential damages arising out of or relating to this Agreement, regardless of the form of action, whether in contract, tort, or otherwise. The Client agrees to indemnify, defend, and hold harmless the Company from any claims, damages, losses, and expenses arising from the Client’s negligence, willful misconduct, or violation of any laws.
10. Acts of God
The Company shall not be liable for any delays or damages caused by events outside its reasonable control, including but not limited to acts of God, natural disasters, severe weather, or other unforeseen circumstances. In the event of such delays, the Company shall have the right to extend the completion date by a duration equal to the delay experienced.
11. Lien Rights
The Company, along with any subcontractors or suppliers, shall retain the right to file a lien against the Client’s property for any unpaid amounts due under this Agreement.
The Client shall have a period of thirty (30) days from the date of written notice of intent to pay the amount due before a lien is established, except in situations where the property is scheduled for sale within thirty (30) days of project completion, in which case the lien may be filed immediately.
Should lien rights become unavailable or unenforceable for any reason, the Client agrees to compensate the Company for the outstanding amount due, including any legal fees or costs incurred in pursuit of payment.
Upon receipt of full payment, the Company shall provide the Client with a lien waiver.
12. Termination
Either Party may terminate this Agreement for cause upon providing written notice to the other Party if the other Party fails to perform its material obligations hereunder. Upon termination, the Client shall pay the Company for all Work performed and expenses incurred up to the date of termination, including reasonable costs related to the termination of the Work.
13. Dispute Resolution
In the event of any dispute arising under this Agreement, the Parties agree to first attempt to resolve the dispute through mediation. If mediation is unsuccessful, the dispute shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. The location of arbitration shall be in Tarrant County, Texas. The decision of the arbitrator(s) shall be final and binding upon both Parties.
14. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Any legal action arising from this Agreement shall be brought exclusively in the courts of Tarrant County, Texas.
15. Severability
If any provision of this Agreement is found to be invalid or unenforceable under applicable law, such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions of this Agreement shall continue in full force and effect.
16. Entire Agreement
This Agreement, together with any Estimates and Change Orders provided to the Client, constitutes the entire agreement between the Parties and supersedes any prior agreements or understandings, whether written or oral. No modification or amendment to this Agreement shall be valid unless made in writing and signed by both Parties.
17. Client Acknowledgment
The Client acknowledges that by signing this Agreement and/or by paying the deposit, they accept and agree to all terms and conditions set forth herein, as well as in any Estimates provided by the Company.
18. Notices
All notices required under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally or when sent by certified mail, return receipt requested, to the addresses set forth above.
19. Force Majeure
Neither Party shall be liable for any failure to perform its obligations under this Agreement if such failure results from any cause beyond such Party's reasonable control, including but not limited to acts of God, war, terrorism, labor disputes, governmental actions, or other events of force majeure.
ACCEPTANCE OF AGREEMENT
By accepting the terms outlined in this Agreement, the Client agrees to enter into a contractual relationship with HAWX Builder and affirms their understanding and acceptance of the terms set forth herein.
Copyright © 2024 Hawx Builder
Privacy Policy | Client Agreement | Site Credit