1. LICENSING: All Point Construction is a building contractor licensed under the laws and statutes of the State of Michigan. The license number is 2102207793. All Point Construction is a Limited Liability Corporation.
  2. PERMITS: Contractor may obtain and pay for all permits if specified. Owner must specify if permits are desired. Owner shall be responsible for any and all fines for work contracted of which was instructed to be performed without required permits and waive the contractor of all and any imposed fines or fees. Owner shall pay for all variances of zoning changes, unless otherwise specified. Owner shall pay for any engineering required, unless otherwise specified.
  3. WORK: A reasonable allowance on all dimensions shall be allowed unless noted; all sizes are outside approximate sizes. In the event of any conflict between sketches, plans, blueprints, etc. and this contractual agreement then this agreement 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 owner may order extra work. The amount for such extra work shall be determined in advance if possible, or may be charged for at actual cost of labor and materials plus 20% for Contractor overhead and fee. 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, agreed 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: Owner acknowledges and agrees that the Contractor’s relationship with any and all subcontractors/employees is of critical nature to Contractor’s business. In that regard, Owner shall not solicit or otherwise deal directly with any subcontractor engaged to perform services pursuant to this agreement.
  9. ACCESS TO WORK: Owner shall grant free access to work areas for workmen and vehicles, and shall allow areas for storage of material and rubbish. Owner agrees to keep driveways clear and available for movement and parking of trucks during normal working hours. Contractor and workmen 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, men, 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 from an outside source and/or conditions or delays caused from extra work ordered.
  11. HAZARDOUS WASTE: This contract does not include any provision, neither monetary provisions nor time-schedule provisions, to cover the unforeseen hazards or additional work necessitated by removal of hazardous materials.
  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; all so as to pass building department specifications. Such labor and materials, guaranteed for a period of one (1) year when subject to normal use and care, and provided Owner 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 to be allowed by this Contractor, including painting or decorating. Assemblies or units purchased by Contractor for use by this contract are sold and installed subject to the manufacturers’ or processor’s guarantee or warranties, and not contractors. This guarantee is not transferable. Any obligations under this guarantee terminates when property is sold or transferred of ownership. Any request for service must be sent in writing to the Contractor’s office and repairs will be confined to the limit set forth in the above guarantee. THE CONTRACTOR cannot warrant any work done to repair any type of leak including roofs, chimneys, gutters and downspouts, skylights, doors, windows, plumbing fixtures, showers, tubs, foundations, and basements. THE CONTRACTOR will make every attempt to find and resolve the cause of the leak but will not be held liable if the attempt fails to correct the problem.
  13. CANCELLATION OF AGREEMENT: You, the buyer may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. Additionally, the seller is prohibited from having an independent courier service or other third party pick up your payment at your residence before the end of the 3 – business day period in which you can cancel the transaction. If Owner cancels this agreement without legal cause after the right to rescind period and before or after the commencement of construction, Owner shall pay Contractor the amount of expenses incurred to that date plus 15% of the price. If owner fails to pay said amounts and contractor files suit, it shall be entitled to recover all of its damage including its loss of net profits. To cancel this transaction, sign and date this form below and return a copy of this document to AllPoint Construction at 7420 Allen Rd. Allen Park, MI 48101.
  14. NOTICE: If a claim is placed on job, there will be a $500.00 fee billed to customer’s account for each job that requires any legal action to recover APC’s cost in the filing & discharge processes of the lien. Under the Mechanic’s Lien Law, any contractor, subcontractor, laborer, supplier or other person who helps to improve your property but it 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 Sections 570.1104 to 570.1305, as amended, of the Michigan Complied Laws annotated, more commonly known as the CONSTRUCTION LIEN ACT effective January 1, 1982. 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: Owner and Contractor acknowledge and agree that any dispute, claim or cause of action of any kind that they may maintain under this Contract shall be submitted to binding arbitration to be conducted by a single arbitrator to be agreed upon by Owner and Contractor in accordance with, at Contractor’s option, the
    Construction Industry Arbitration Rules of either the Better Business Bureau or the American Arbitration Association. A demand for arbitration shall be filed in writing with the other party to this Contract. Such demand for arbitrations shall be made within 90 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, Owner shall pay Contractor’s costs and actual attorneys’ fees. Pursuant to MCL 339.2411(5) (d), any complaint filed against Contractor regarding workmanship 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 under MCL 125.1501 et seq. Pursuant to MCL 339.2412, Owner’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 or the court shall select an arbitrator. The arbitrator shall have the authority to fashion a remedy to the full extend such remedy is available pursuant to Michigan’s arbitration statute. Such arbitration shall be conducted in accordance with the Michigan arbitration statute MCL600.500l et seq. (the “Act”), as amended from time-to-time. The proceedings shall be deemed an arbitration proceeding subject to the Act. The arbitrator shall have all powers granted to an arbitrator under the Act. The arbitration shall be governed by the following procedures, in addition to those determined by the arbitrator: evidentiary issues shall be resolved by the arbitrator and governed by the Michigan Rules of Evidence, which Rules shall be liberally construed in the spirit of arbitration. The arbitrator shall have authority to allow reasonable discovery. Contractor shall be entitled to inspect the Premises. Each party may submit a pre-arbitration statement, including a brief, to the arbitrator, no later than five (5) days prior to the arbitration hearing. Testimonial evidence may be introduced by way of deposition testimony and may be produced to the arbitrator with the pre-arbitration statement in advance of the hearing. Each party will be allowed to present its case, including opening statements, direct examination, cross examination, re-direct examination and re-cross examination as permitted by the arbitrator. Closing arguments shall also be permitted. Any award rendered in such arbitration shall be in writing and delivered to all parties and shall be binding upon the parties and a judgment on such award may be entered by the appropriate court of competent jurisdiction that shall have authority to enforce such award. Nothing herein shall be deemed a waiver of Contactor’s right to file a Claim of Lien under Michigan’s Construction Lien Act, MCLA 570.1101 et seq. 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 above and a judgment of foreclosure based upon the lien may enter the Premises in a court of appropriate jurisdiction.