The price quoted is based on cost of goods on the date the estimate is issued. All prices quoted herein are valid through 15 days. Costs and other charges are subject to escalation after 15 days unless Heartland Wood Flooring, Inc. (“Heartland”) already placed its order for specific quantities and colors.
Material availability is subject to change based on fluctuations in the marketplace, manufacturer and production schedule at anytime.
Installation does not include any additional trim, molding or sub-floor preparation. Baseboard and toe kicks on built-ins; are to be removed and re-installed by others, unless otherwise stated.
Permits, special permits, special city laws, privilege, licenses, etc., shall be secured, applied for and purchased by the General Contractor and/or Owner, as applicable.
Sub-floor preparation, leveling, moisture abatement or control, as well as waxing, buffing, and final preparation of the subfloor will be determined by Heartland Wood Flooring, Inc. (“Heartland”) technicians and priced at the rate of $75.00 per hour, plus materials if needed.
Heartland will make every effort to protect all finished surfaces as reasonably required and consistent with the industry standards. Notwithstanding, any surface or item that Heartland cannot protect, such as interior walls, ceilings, adjoining floors, furnishings, and/or items affixed thereto, and/or driveways, walkways, lawns, outside furniture, vehicles, landscaping, etc., shall be the responsibility of Client to protect as deemed fit. All areas that Heartland must access for loading of materials, equipment, or trash, are the responsibility of Client. Heartland is likewise not responsible for paying any fees associated with homeowners’ or condominium association.
During the installation, and until the installation is completed, inspected and approved by the client,no one except Heartland’s employees shall be allowed on the floor and/or materials being installed. Once Heartland’s material and labor have been incorporated into the improvement, the risk of loss or damage thereto by third-parties or acts of God and/or nature, shall shift to the Contractor or Owner, as applicable. The Contractor and/or client shall be responsible for damage caused to the work by other trades.
Heartland shall not be liable for damages or delays due to the inability to obtain materials from our regular sources of supply or other causes beyond our reasonable control, including but not limited to Acts of public utilities or Associations, extra work or acts of Client including, preventing access, failure by Client to make progress payments in a timely manner, transportation difficulty, and/or improper endorsements on checks. Any time for performance, if stated hereunder, shall be extended for the time of delay by reason of any said causes.
All materials are guaranteed to be as specified and will be installed as per industry standards. Any alteration or deviation from the agreed Scope of Work, requiring an increase or decrease in the Scope of Work and attendant contract amount, will be performed only upon written orders executed by an authorized party and will, if applicable, become an extra charge over and above the price set forth in the proposal. However, should Heartland be required or directed to perform extra or changed work, payment for the reasonable value of said work shall not be refused on the grounds that a Change Order was not executed at the time the work was performed. All change orders for extra work will be invoiced separately and are due upon receipt unless otherwise noted.
Price quoted is based on work being performed during normal business hours of Monday thru Friday
from 8:00 AM to 5:00 PM. Heartland shall not be required to increase manpower or work overtime shifts without an additive change order that includes all additional costs, including insurance and overhead, unless such is necessary to cure a breach by Heartland.
Heartland has the right to terminate for convenience any part of this Contract by providing Client with a written notice of termination, to be effective upon receipt by Client. Client shall owe all sums due as provided for by this Contract to the effective date of such termination for convenience.
The terms of payment are as follows: 50% upon execution of this Agreement, 30% upon material delivery and the remaining balance upon completion of contract (unless otherwise specified on estimate). Payment in full of all amounts hereunder shall be a condition precedent to any warranty obligation. This term shall survive as a contractual obligation. Further, Heartland has the right to stop the work if any payments are not timely made. Past due balances shall accrue interest at the rate of 1.5% per month from the date due set forth on any unpaid invoice, and Client agrees to pay all costs of collection, including reasonable attorneys’ fees.
This agreement supersedes all prior representations, negotiations or agreements, whether written or oral, and any representations, statements, or other communications not written in this agreement are non-binding and do not survive the execution of this contract.
At Heartland’s sole election, all controversies arising out of this Project and this Agreement shall be resolved through mandatory, binding arbitration, which shall be in accordance with the Construction Industry rules of the American Arbitration Association existing at the time the request for arbitration is filed. The arbitrator shall have the authority to award reasonable attorneys fees. Heartland, in its discretion, may elect litigation instead of arbitration. Venue for any litigation shall be in Broward County, Florida. Notwithstanding the foregoing, nothing in this Agreement shall limit any rights under construction lien laws
As required by §713.015, Fla.Stat., the following is added to the Contract:
ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS OR NEGLECTS TO MAKE OTHER LEGALLY REQUIRED PAYMENTS, THE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX AND IT IS RECOMMENDED THAT WHENEVER A SPECIFIC PROBLEM ARISES, YOU CONSULT AN ATTORNEY.
ANY CLAIMS FOR DEFECTS ARISING OUT OF THE WORK PERFORMED BY HEARTLAND ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES
FLORIDA HOMEOWNERS CONSTRUCTION RECOVERY FUND: PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS: 1940 North Monroe Street, Tallahassee FL 32399-0783, Telephone 850-487-1395, Website www.myfloridalicense.com