1. LICENSING: AllPoint Construction is a building contractor licensed under the laws and statutes of the State of Michigan. The license number is 2102207793. AllPoint Construction is a Limited Liability Corporation.
2. PERMITS: Customer is responsible for obtaining and paying for all required permits and for compliance with all zoning regulations. Contractor may obtain and pay for certain permits if specifically agreed to between the parties. Customer shall be responsible for any and all fines, fees and costs related to any work contracted for and performed without required permits and/or that has been performed in violation of any local, state or federal law. Customer releases, waives and shall indemnify the Contractor from any and all liability and costs/expenses incurred as a result of any work performed without obtaining the necessary permits. and/or otherwise performed in violation of any local, state, or federal law, code or regulation. Customer shall pay for any engineering required for performance of the work requested, unless otherwise specified.
3. WORK: A reasonable allowance on all dimensions specified shall be allowed unless otherwise noted; all sizes referenced are approximate sizes. In the event of any conflict between sketches, plans, blueprints, etc. and this contract, then this contract shall take precedence. Contractor is not responsible for any existing illegal conditions or non-conforming prior work done by others.
4. EXTRA WORK (CHANGE ORDER POLICY): During the progress of construction the Customer may order extra work. The amount for such extra work shall be determined in advance if possible, or may be charged at the actual cost of labor and materials plus 20%. All sums for extras shall be due and payable in advance of the work being performed unless agreed in writing that it is payable at any other time.
5. UNDERGROUND PIPES: Contractor shall not be held responsible for damage to, or removing, or relocation, or placement of pipes, wiring, sprinkler lines, water or sewage disposal system, or conduits, in areas of excavation, grading, paving, or construction.
6. CONDUITS, PIPES, ELECTRICAL WIRING, and DUCTS: Unless specifically indicated, the agreed to price does not include rerouting of vents, pipes, ducts, conduits, or wiring that may be discovered in removal of walls or cutting of opening in walls.
7. FILLED GROUND OR ROCK: Excavation does not contemplate filled ground; or ground of inadequate bearing capacity, or  rock or any materials not removable by ordinary hand tools.
8. SOLICITATION OF SUBCONTRACTORS/EMPLOYEES: Customer acknowledges and agrees that the Contractor’s relationship with any and all subcontractors/employees is of critical importance to Contractor’s business. Customer shall not solicit or otherwise deal directly with any subcontractor engaged to perform services pursuant to this contract.
9. ACCESS TO WORK: Customer shall grant free access to work areas for workers and vehicles, and shall provide areas for storage of material and rubbish. Customer agrees to keep driveways clear and available for the movement and parking of trucks during normal working hours. Contractor and workers shall not be expected to keep gates closed for animals or children. Contractor shall not be held responsible for damage to driveways, walks, lawns, shrubs, or other vegetation, by movement of trucks, workers, equipment, materials, debris, etc., or otherwise.
10. EXTRA TIME: Contractor agrees to diligently pursue work through completion, but shall not be held responsible for delays caused by circumstances outside of Contractor’s control and/or conditions or delays caused by extra work ordered.
11. HAZARDOUS WASTE: This contract does not include any provisions, neither monetary provisions nor time-schedule provisions, to cover unforeseen hazards and/or additional work necessitated for the removal of hazardous materials. If any hazardous materials are encountered, there may be additional costs associated with the removal, storage and disposal of such materials, which is at all times the responsibility of the Customer.
12. GUARANTEE: Contractor guarantees that all materials furnished by it will be of standard quality free from defects, and will be installed or applied in a good and workmanship manner so as to pass building department specifications. Such labor and materials are guaranteed for a period of one (1) year when subject to normal use and care and provided Customer has complied in full with the terms and payments and other conditions of this contract. The liability of the Contractor for defective material or installation under this guarantee is hereby limited to the replacement or correction of said defective material and/or installation, and no other claims or demands whatsoever shall be made upon or required of the Contractor, including painting or decorating. Assemblies or units purchased by Contractor for use by this contract are sold and installed subject to the manufacturer’s or processor’s guarantee or warranties, and not Contractors. This guarantee is not transferable. All obligations under this guarantee terminate when property is sold or transferred. Any request for service must be made in writing to the Contractor’s office and repairs will be confined to the limit set forth in the above guarantee. The Contractor cannot guarantee or provide a warranty for any work done to repair any type of leak, including roofs, chimneys, gutters and down spouts, skylights, doors, windows, plumbing fixtures, showers, tubs, foundations, and basements. The Contractor will make every attempt to find and resolve the cause of a leak but will not be held responsible or liable if the attempted correction or repair fails to correct the problem.
13. CANCELLATION OF CONTRACT: The Customer may cancel this contract at any time prior to midnight of the third business day after the date of this contract. If Customer cancels this contract without legal cause after the right to cancel period and before or after the commencement of construction, Customer shall pay Contractor the amount of expenses incurred to date plus 15% of the contract price. If Customer fails to pay said amounts and Contractor needs to pursue its legal remedies, Contractor shall be entitled to recover all of its damages related to the cancelation including, but not limited to, loss of any profit and further shall be entitled to recover all legal fees and costs/expenses associated with enforcement of this contract. To cancel this contract, sign and date this form below and deliver it during normal business hours to AllPoint Construction at 7420 Allen Rd., Allen Park, MI 48101.
14. NOTICE: If a lien is filed related to the work performed pursuant to this contract, there will be a $500.00 fee assessed to the Customer’s account for each part of the project/work performed that requires any legal action to recover AllPoint Construction’s damages and fees associated with this contract. Pursuant to Michigan Law, any contractor, subcontractor, laborer, supplier or other person who helped to improve Customer’s property and was not paid for their work or supplies may have a right to enforce a claim on your property. Such enforcement must comply with the provisions of Michigan’s Construction Lien Act, MCL 570.1101, et. seq., as amended. This means that after a court hearing and proper notice and compliance, a court officer could sell your property and the proceeds of the sale used to satisfy the indebtedness.
15. ARBITRATION/DISPUTES/GOVERNING LAW: Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by binding arbitration in accordance with Michigan’s Uniform Arbitration Act, MCL 691.1681, as amended. An arbitration shall be conducted by a single arbitrator that is agreed upon by the Customer and Contractor, or at the Contractor’s sole option, the arbitration may be administered by the American Arbitration Association under its Construction Industry Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. A demand for arbitration shall be served in writing to the other party to this contract and must be made within 120 days after the claim or dispute has arisen. In no event shall the demand for the arbitration be made after the date when institution of legal or equitable proceedings based on such claim or dispute would have been barred by the applicable statute of limitations. In any proceeding where the award is in favor of Contractor, Customer shall pay Contractor’s costs and actual attorney’s fees and expenses. Any complaint filed pursuant to MCL 339.2411(4)(d) shall be resolved by binding arbitration as set forth in this section. Performance guidelines relating to workmanship shall be the National Association of Home Builders Performance Guidelines to the extent such guidelines are in effect at the time of execution of this Contract consistent with applicable uniform state construction code standards in accordance with Michigan’s Stille-DeRossett-Hale Single State Construction Code Act, MCL 125.1501 et. seq., as amended. Pursuant to MCL 339.2412, Customer’s failure to comply with these alternative dispute resolution procedures shall be an affirmative defense to an action brought in a State of Michigan court against a licensee under the Michigan Occupational Code. Either party may file a lawsuit solely for the purpose of enforcing this arbitration provision and/or the court may select an arbitrator. Nothing herein shall be deemed a waiver of Contractor’s right to file a Claim of Lien under Michigan’s Construction Lien Act, MCLA 570.1101 et. seq., as amended. In the event a lien is filed, the validity of the lien and the determination of the lien amount may be decided by arbitration as set forth in this section and a judgment of foreclosure based upon the lien may be entered against the property at issue in a court of competent jurisdiction. Michigan law shall apply to all disputes related to this contact.

To cancel this contract, sign and date this form below and deliver it during normal business hours to AllPoint
Construction at 7420 Allen Rd. Allen Park, Ml 48101