CUSTOMER ADU AGREEMENT 

Simple Garage Conversions (818) 669-5174 info@simplegarageconversions.com

 

JOB ADDRESS: 

CLIENT / OWNER NAME: 

ESTIMATE / INVOICE REFERENCE:

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EXCLUSIVE AGREEMENT | This is the entire Agreement and may be modified if the Client and Contractor agree.

 

REPRESENTATIONS | Contractor represents and understands that employees and personnel will comply with State Law, Local Law, Licenses Law, Certificates, California Building Performance Guidelines, and the Buildings approved City Plan Set. Clients must inform themselves if any part of this Agreement is unclear or ask the Contractor to elaborate.

 

CONDITIONS | Neither party shall be held liable for failure to perform in whole or part if acts cause such loss, conditions, or circumstances beyond their control, including; war, strikes, fires, labor disturbances, civil acts or commotion, acts of Government, Government Agencies, unavoidable breakdowns, failure to transport facilities, failure to equipment, and significant force claused in general, an act of God. [The Owner or action of any other Contractor, subcontractor, or material man employed by Owner, or by anyone other than Contractor, repairs or replacement of any damaged work shall be at the Owner's expense.]

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RESOLVING DISPUTES | Any party may take the matter to a State Court if a dispute arises under this Agreement. If a dispute arises under the Agreement, the parties agree first to try to resolve the dispute with a mutually agreed-upon arbitrator or mediator in Los Angeles, CA. Any costs and fees other than attorney fees associated with the mediator shall be shared equally by the parties. Judgment upon the award rendered by the arbitrator may be entered in any court with jurisdiction. The arbitrator will allocate the cost of arbitration, including attorney fees.

 

DESIGN & ARCHITECTURAL (S.G.C.) | is a facilitator of Architectural, Designer, Engineering, and Drawing Plans for Building Construction abiding by current building Laws, Regulations, and codes. This Agreement doesn't bind the Contractor or any professional to build the project. The Homeowner or a Licensed Contractor can pull Permits, and the plan is the Client's property for Construction, Costs, Projections, Planning, and Contractor Solicitations. Building Permits and City Fees are not a part of this Agreement. In addition, the plans will not account for any city upgrades and costs related to pre, during, or after construction. We cover Onsite inspection by any agencies during construction if there is a signed Estimate to build the entire project; Deputy Inspections, Engineers for Site Inspections, and Certifications. S.G.C. hires licensed professionals with Liability and Bonding Insurance. P.E.s (Professional Engineers) may sign drawings in place of an Architect. Plans Builders-Set abiding by regulatory agencies and prepared as, As-Built or New-Construction without interior finish design unless contracted for finish designs. Submitting plans to the City and the plan-check process may typically take three months or more, depending on the complexities of the building. There are no penalties for start dates or end dates; S.G.C. has no control over City Departments, Inspectors, and Plan-Check Officers.

S.G.C. will facilitate plans with the City Planning Departments for permits, after which this Agreement ends unless structured in the (ESTIMATE). Structural Engineering and Calcs are included for the Framing, Foundation Footings, and T-24 Energy Compliance. Engineering Plans may require Exploration, for Example, Digging around the foundation to help better understand the existing conditions, etc. Exploratory work will not be restored to its original condition, only to be safe. If the Client requests the exploratory restored to its original condition, In that case, there will be extra charges. During construction, unforeseen circumstances are not a part of this Agreement, and S.G.C., its affiliates, will not be responsible for any additional engineering and related services unless contracted. Mechanical, Electrical, and Plumbing (Engineering Calculations) are typically not required by the City for small residential projects and are usually facilitated by the sub-contractor onsite. However, if the Client wishes, we can engineer at an extra cost. However, commercial projects with four or more units will require the M.E.P.s (Mechanical, Electrical, Plumbing). The following Engineering is not included and not usually needed for minor residential construction; Heavy Civil, Shoring, Erosion Control, Hydrology, Impact, Utility Wet (Sewer, Water, Gas), Utilities Dry (Electrical Conduit), Air Quality, Gas Detection, Geotechnical, Soils, Septic, Major Structural Steel, Survey, Boring Logs, Percolation, Fire Sprinkler (140' required), Security Systems, Pools, Retaining Walls, Slope Analysis, Network, CCTV, Shop Drawings and any Community Review Preparations (C.D.O. Designations) Community Design Office overview.

 

DESIGN ENGINEERING | When engineering is required for a project, An Engineering Firm can propose many different approaches. It is a marriage of design conformity. When designing a building and engineering is needed, we, as the designer, try to facilitate the design with the design to accomplish the intended look and a practical way to build the project, focusing on the most cost-effective and easy installation. We are not held liable for all probabilities and building differences.

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EASEMENTS & SURVEYS | There are occasions when property easements must be clearly defined and possibly require a property survey if there is no Record of the Survey.

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​PERMITS FOR THE JOB | You can put the permits as a homeowner if you choose, or you have a licensed contractor pull permits. The licensed Contractor will have, Liability Bond and Worker's Compensation Insurance. If the licensed Contractor with a "B - Building Certification" pulls the permit, the company has taken responsibility. If you choose the pull permits as a homeowner, all your trades should be Licensed and have all the insurances in place to protect your property. Otherwise, you are responsible for them. S.G.C. offers to pull permits as an "A - Engineer & B - Building" License Contractor through an affiliated company if contracted.

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CLIENT'S LEGAL RIGHTS | Property owners who enter into oral or written contracts for certain services for the repair, restoration, or improvement of a residence, or commercial property, including Home or Commercial Remodeling or Home or Commercial Improvement Contracts, for work on "residential or commercial" property, or certain other service and purchase contracts for other goods at their residence or commercial establishment, have legal rights to get out of those contracts during a short grace the period after signing or entering into the Contract. Those rights apply where the Contract is entered at some location other than The contractor's or seller's regular offices or sales facility, and the consumer may have been pressured into signing the Contract. California Civil Code requires that - when the Contract is entered into - the Contractor or Seller must give the property owner/purchaser/customer written notice of their Right To Cancel the Contract. The property owner must also be given a form to cancel the Contract. The Right To Cancel lasts for three (3) or seven (7) days from receipt of the written Notice of Right To Cancel, depending on whether or not the Contract is for ordinary remodeling work or work arising from a publicly declared catastrophe or states of emergency, such as after an earthquake or major fire, and the like. Suppose the Contractor or Seller does not provide the Notice of Right To Cancel. In that case, the Contract may be canceled at any time up until three (3) or seven (7) days after the property owner or the consumer receives the Notice of Right to Cancel, even if the work has already been completed! If the buyer/homeowner has not received the required Notice of their Three Day Right to Cancel, then the Contract may be canceled at any time until the required form of notice thereof is provided. "The buyer has the right to cancel a home solicitation contract written according to Section 7151.2 of the Business and Professions Code until midnight of the third business day after the buyer receives a signed and dated copy of the contract or offer to purchase that complies with Section 1689.7 of this code." Civil Code § 1689.6. See also, Handyman Connection of Sacramento, Inc. v. Sands, supra, 123 Cal. App. 4th at 882. "Because the instant contract did not contain the required notice giving the Buyer a right to cancel within three days, the statute technically extended] indefinitely (until the Seller complied with the notice requirement) the Buyer's right to cancel (Civ. Code, § 1689.7, subd. (e).)" Beley v. Municipal Court (1979) 100 Cal. App. 3d 5, 8. Once the Contract is timely canceled or rescinded per these statutes, the Contractor or "Seller" must return all money and other property that the property owner paid to him or her on the Contract and cancel any outstanding loan, note, or Deed of Trust: (a) . . . within 10 days after a home solicitation contract or offer has been canceled, the seller must tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness. (b) If the down payment includes goods traded, the goods must be tendered substantially in good condition as when received. (c) Until the seller has complied with the obligations imposed by Sections 1689.7 to 1689.11, inclusive, the buyer may retain possession of goods delivered to him by the seller and has a lien on the goods for any recovery to which he is entitled" Civil Code § 1689.10. Only AFTER the Contractor or Seller has returned all he or she received, only then must the property owner or homeowner (or the "buyer') return things provided by the Contractor per the terms of the Contract, such as removal equipment, appliances, etc., to the extent possible. A new concrete foundation or other permanent improvements could not reasonably be returned to the Contractor. "(a) . . . within 20 days after a home solicitation contract or offer has been canceled, the buyer, upon demand, must tender to the seller any goods delivered by the seller according to the sale or offer, but he is not obligated to tender at any place other than his address. If the seller fails to demand possession of goods within 20 days after Cancellation, the goods become the buyer's property without obligation to pay for them. (b) The buyer has to take reasonable care of the goods in his possession before Cancellation and the 20-day period following. The goods are at the seller's risk during the 20-day period after Cancellation, except for the buyer's duty of care." Civil Code § 1689.11. Suppose the Contractor performed work before Cancellation, where the Notice of Right To Cancel is received late or never received before the completion of some or all of the construction work. In that case, the Contractor is entitled to NO MONEY for performing that work!!! "(c) If the seller has performed any services according to a home solicitation contract or offers before its Cancellation, the seller is entitled to no compensation. If the seller's services result in the alteration of the property of the buyer, the seller shall restore the property to substantially as good condition as it was at the time the services were rendered." Civil Code § 1689.11. Thus, Contractors need to be aware of and abide by these Laws. And property owners and homeowners should also take note of these laws, which were designed for their protection, and allow them to think about getting out of contracts they might have entered into due to high-pressure sales tactics or other devious conduct. Certain other consumer contracts for goods and services. Because these laws are still being interpreted and explained by the Courts, legal advice should be immediately sought should you believe you might be subject to or benefit from one of these laws. An in-depth explanation of your legal rights can be reviewed at https://www.cslb.ca.gov/Consumers/. --- By signing this Agreement, the prime Contractor can place a lien on the property if work is being performed and has a right to collect. Suppose any material vendors or sub-contractors do work and provide you with notice (20-Day Preliminary Notice) and are licensed subs or material vendors. In that case, they can also place a lien on the property to collect money owed even if you paid the Prime Contractor on their behalf unless the servicing party has signed a Full Unconditional Release of Liability. You can ask for a release of liability or look at the "paid in full receipts." --- By initialing and dating this paragraph (Client's Initial & Date __________________________, the Client chooses to have the construction start right-away and declines right-of-rescission. If this paragraph is not initiated, there will be a delay of 10 business days minimum in construction until the recession period has elapsed. If the Client wants to get out of this Agreement, send this Agreement to; 9407 Reverie St., Tujunga, CA 91042, and email it to; info@simplegarageconversions.com and or call 818.669.5174.

 

Client signature on this document acknowledges they have read and understood their rights by signing, initialing, and dating each page. * Invoices that are established will abide.