Home Improvement Contract

ARTICLE 1. CONTRACT DOCUMENTS

1.1 The contract documents consist of this Home Improvement Contract, the accepted Estimate, general conditions, specifications, finish schedules, construction draw schedule (if applicable), information disclosure statement, all addenda issued prior to execution of this agreement, and all change orders or modifications agreed to in writing by both parties. These documents represent the entire agreement between the parties and supersede any prior oral or written agreements.

ARTICLE 2. SCOPE OF WORK

2.1 Owner agrees to purchase and Contractor agrees to furnish and install the products and/or perform the work described in the accepted Estimate, including all materials, labor, and incidentals necessary to complete the installation in a workmanlike manner.

ARTICLE 3. TIME OF COMMENCEMENT AND COMPLETION

3.1 Estimated commencement dates after acceptance of the Estimate depend on manufacturer production schedules, material availability, and delivery timelines. Estimated lead times are as follows:

• Security Screen Doors: approximately 4-16 weeks
• Security Screen Windows: approximately 4-16 weeks
• Storm Doors: approximately 4-16 weeks

3.2 Contractor shall not be responsible for delays caused by manufacturer delays, material shortages, acts of God, weather conditions, change orders, or Owner-caused delays.

ARTICLE 4. CONTRACT PRICE, DEPOSITS, AND MATERIAL ADVANCES

4.1 The Contract Price shall be the total amount stated in the accepted Estimate, subject to adjustments for approved change orders.

4.2 Standard Deposit Limitation. Except as expressly provided in Section 4.3 below, any deposit collected at the time of contract signing shall not exceed ten percent (10%) of the Contract Price or One Thousand Dollars ($1,000), whichever is less, in compliance with California Business & Professions Code §7159.

4.3 Custom or Special-Order Materials / Material Advance. Owner acknowledges that certain products sold by Contractor are custom-manufactured, special-order, or non-returnable and must be ordered specifically for Owner’s project. Where such materials are required, Owner agrees to pay a material advance toward the actual cost of those materials. Any such material advance: (a) shall be limited to the documented cost invoiced by the manufacturer or supplier for the custom or special-order materials; (b) may be required prior to Contractor placing the order for such materials; and (c) is intended solely to cover the cost of custom or special-order materials and is not a general down payment for labor.

4.4 If third-party financing is approved for the full Contract Price, no deposit or material advance shall be required unless otherwise required by the financing provider.

ARTICLE 5. PAYMENT TERMS – NO BILLING

5.1 Contractor does not offer billing, invoicing after completion, or deferred payment terms for installation projects. Payment in full is due immediately upon completion of the installation or delivery of the product, unless otherwise stated in a written financing agreement executed by Owner and a third-party financing provider.

5.2 Third-Party Financing Responsibility and Timing. If Owner elects to pay any portion of the Contract Price through a third-party financing provider, Owner is solely responsible for completing all required financing applications, documentation, and approvals. Owner agrees to submit all required financing paperwork and obtain financing approval within ten (10) calendar days of contract signing, unless a different timeframe is expressly agreed to in writing by Contractor.

5.3 If Owner fails to timely complete financing requirements or obtain approval within the required timeframe, Contractor may, at its option: (a) suspend ordering of materials or scheduling of installation; (b) treat the delay as an Owner-caused delay affecting project timelines; or (c) require payment in full by other means prior to proceeding with the work.

5.4 Failure to remit payment at the time of completion, or failure to timely secure financing as required herein, constitutes a material breach of this Agreement. Contractor may pursue all remedies available by law, including suspension of warranty services, collection efforts, and recording of a mechanics’ lien where permitted by law.

ARTICLE 6. PROGRESS PAYMENTS (WHEN APPLICABLE)

6.1 For projects requiring progress payments, Contractor shall provide Owner with a written construction draw schedule prior to commencement of work. Payments are due within three (3) calendar days of Contractor’s request once the applicable milestone is completed.

ARTICLE 7. DUTIES OF THE CONTRACTOR

7.1 Contractor shall perform all work in a good and workmanlike manner and in compliance with applicable state and local codes.

7.2 Contractor shall maintain all insurance required by law.

7.3 Upon receipt of payment for any portion of the work, Contractor shall provide an unconditional lien release for that portion of the work upon request.

ARTICLE 8. OWNER RESPONSIBILITIES

8.1 Owner shall provide access to the property and shall communicate with subcontractors only through Contractor.

8.2 Owner shall pay all amounts due under this Agreement at the time required.

ARTICLE 9. CHANGE ORDERS

9.1 All changes to the Scope of Work must be documented in a written Change Order signed by both parties prior to commencement of the changed work. Change Orders shall specify cost adjustments and any impact on the completion timeline.

ARTICLE 10. COLOR SELECTION ACKNOWLEDGMENT

10.1 Owner acknowledges that all color selections are final once approved and submitted for manufacturing or ordering.

10.2 Owner understands and agrees that online images, printed materials, brochures, photographs, and digital renderings may not accurately represent final product colors due to lighting conditions, screen calibration, printing limitations, and material differences.

10.3 Owner agrees that physical color samples must be viewed in person prior to final approval. Contractor shall not be responsible for dissatisfaction or disputes arising from color selections approved without review of physical samples. Color selections may not be changed after approval.

ARTICLE 11. WARRANTY

11.1 Contractor provides workmanship warranties as described in the Estimate. Manufacturer warranties apply where applicable and may differ in scope and duration.

ARTICLE 12. MECHANICS’ LIEN WARNING

MECHANICS’ LIEN WARNING
Anyone who helps improve your property but who is not paid may record what is called a mechanics’ lien on your property. A mechanics’ lien is a claim, like a mortgage or home equity loan, made against your property and recorded with the county recorder.

Even if you pay your contractor in full, unpaid subcontractors, suppliers, or laborers may record a mechanics’ lien and foreclose the lien, which could result in the loss of your home.

To preserve your rights and protect your property, you may wish to:

• Require your contractor to provide you with lien releases from all subcontractors and suppliers for work performed and materials supplied.
• Make checks payable jointly to your contractor and the subcontractor or supplier.
• Use a payment service or escrow service to ensure that all parties are paid properly.

This notice is required by law and is provided for your protection.

ARTICLE 13. RIGHT TO CANCEL

13.1 You, the Buyer, have the right to cancel this contract without penalty or obligation within three (3) business days from the date you sign it.

13.2 If you are 65 years of age or older, you have the right to cancel this contract within five (5) business days from the date you sign it.

13.3 To cancel, Buyer must deliver written notice of cancellation to Contractor at Contractor’s place of business before midnight of the applicable cancellation period.

13.4 If Buyer cancels, Contractor shall return all payments made by Buyer within ten (10) days of receipt of the cancellation notice, and any security interest arising from this transaction shall be cancelled.

ARTICLE 14. ARBITRATION OF DISPUTES

14.1 Any controversy or claim arising out of or relating to this Contract, the performance of the work, or the interpretation of this Contract shall be resolved by binding arbitration in accordance with the California Arbitration Act (Code of Civil Procedure §1281 et seq.).

14.2 The arbitration shall be conducted in the county where the Project is located unless the parties agree otherwise in writing. Judgment upon the arbitration award may be entered in any court having jurisdiction.

14.3 The arbitrator shall have the authority to award any remedy permitted by law. The prevailing party shall be entitled to recover reasonable attorney’s fees, costs, and expenses incurred in connection with the arbitration.

14.4 By initialing this section, Owner and Contractor acknowledge that they are waiving the right to a jury trial and agree that arbitration shall be the exclusive forum for resolving disputes arising under this Contract, except where provisional remedies or mechanics’ lien rights are pursued as permitted by law.

ARTICLE 15. CONTRACTOR’S LICENSE NOTICE

15.1 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board (CSLB). Any questions concerning a contractor may be referred to the CSLB at P.O. Box 26000, Sacramento, CA 95826 or www.cslb.ca.gov.

ARTICLE 15. ACCEPTANCE

By signing below, Owner acknowledges receipt of this Home Improvement Contract, including the Mechanics’ Lien Warning and Three-Day Right to Cancel Notice, and agrees to all terms herein.