– Dial One Roofing Contract –
Terms and Conditions
This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon. If for any reason any provision of this Agreement shall be determined to be invalid or inoperative, the validity and effect of the other provisions hereof shall not be affected, and will remain valid and in effect. This Agreement (including the documents and instruments referred to in this Agreement) constitutes the entire agreement and understanding of the parties with respect to the subject matter of this Agreement and supersedes all prior understandings and agreements, whether written or oral, among the parties with respect to such subject matter.
Nature of Work: Dial One Roofing of Oregon, Inc., AKA “DOR”, shall furnish the labor to install the materials the Owner and/or Customer has selected to complete the construction project, herein named the Project, also described herein as an ‘Agreement ’, ’this agreement ’ and/or any of the referenced Agreement and materials documents. The Project named herein specifically designates DOR to install construction products and accessories that the Owner and/or Customer has selected and specified or will be specifying. Deferred maintenance, improvements, repair items, and construction upgrades beyond the Project listed by DOR are solely the Owner and/or Customer and/or Customers responsibly. Improvements made as part of this project are at the request of the Owner and/or Customer and/or Customer, therefore Owner and/or Customer acknowledges, agrees, assumes all liability, and releases DOR from any and all liability related to any items preexisting, or will be existing at any point related to the Project.
Historical Designation: If the Project property or properties are designated as a Local Register of Historic Landmarks and Districts and/or the National Register of Historic Places, the Owner and/or the Customer agree to obtain all Project documents and permits required with such designation. Additionally, if the original plans for the project are altered due to accommodate the designation, the Owner and/or Customer agree to adjust the Project and pricing to comply with the required Historic Designation and promptly provide all documentation regarding changes to DOR. Owner and/or Customer agrees DOR is an installer only and has no responsibility for Historical Designation whatsoever, and Customer agrees to indemnify and release DOR of any and all liability for issues regarding any historical designation.
Working Hours: Agreement is based upon the performance of all work during DOR’s regular daylight work hours, M-F, 8 AM TO 5 PM. Extra charges will be made for any premium time if the Owner and/or Customer required such as abnormal, night time, weekend, or extended hours beyond normal workweek hours, unless agreed to in advance of this Agreement, and noted herein.
Insurance: DOR shall carry worker’s compensation, automobile, and commercial general liability insurance. Customer shall purchase and maintain builder’s risk and property insurance, including labor and materials furnished by DOR, covering fire, extended coverage, malicious mischief, vandalism, and theft on the premises to protect against loss or damage to material and partially completed work until the job is completed and accepted. Money owed to DOR shall not be withheld by reason of any damage or claim against DOR covered by liability, property, or builder’s risk insurance. If the Owner and/or Customer requires and DOR agrees to make the Owner and/or Customer or others additional insureds on DOR’s liability insurance policy, the Owner and/or Customer and DOR agree that the naming of the Owner and/or Customer or others as additional insureds is intended to apply to claims made against the additional insured to the extent the claim is due to the negligence of DOR and is not intended to make DOR’s insurer liable for claims that are due to the fault of the additional insured.
Material Cost Escalation: Roofing and construction products are subject to price volatility due to conditions beyond the control or anticipation of DOR. If there is a substantial increase in these or other roofing products between the date of Agreement commencement and the time when the materials are purchased and /or work is to be performed, the amount of the Agreement may be reasonably increased to reflect the additional cost to DOR, upon written submittal and approval of documentation provided to Owner and/or Customer by DOR. The Project price and products can only be partially guaranteed by signature and substantial down payment, therefore, the customer agrees that any substantial price escalation in any materials during the course of the Project will be paid in addition to the Agreement price during Project for any materials not previously purchased for the Project.
Cancellation After Commencement: The Owner and/or Customer may cancel this Agreement without any penalty, cancellation fee, or other financial obligation by mailing a cancellation notice to DOR by midnight of the 3rd calendar day following of Agreement commencement. The notice must be in writing, and mailed or delivered to offices. If the Owner and/or Customer required and received labor, materials, equipment, and services due to an emergency prior to the end of the Right of Rescission period, and DOR has substantially performed services prior to notice of cancellation, then Owner and/or Customer waives the Right of Rescission period and is responsible for the costs of all labor, materials, equipment, and services provided as specified in the original Agreement. If Owner and/or Customer terminates this Agreement for any reason after the Right of Rescission period and prior to Project start, then Owner and/or Customer agrees to pay DOR twenty percent (20%) of the full Agreement amount, plus the cost of any materials purchased as of the date of termination. There is no refund for installed materials of any kind.
Limited Scope of Work: Owner and/or Customer agree DOR’s scope of work is limited to the actual installation of products installed. Owner and/or Customer agrees that scope of work, except as further defined in this Agreement, does not include any work on gas pipes, plumbing pipes, and fixtures, electrical wires or fixtures of any kind, mechanical (HVAC) units, or ducting of any kind, non-mechanical ventilation, Cable TV or Satellite lines, or any general contractor work, and Owner and/or Customer hereby agrees to indemnify DOR from and against any liability, damages, losses, claims, demands, or citations arising out of the presence of, or work around such issues. Unless otherwise specified, existing gutters, bathroom fan venting tubes, kitchen vent connection tubes, soffits, all siding, all paintwork, rafters, purlins, and trusses, are specifically excluded from the scope of work.
Manufacturer Specifications: In the event, the manufacturer-required installation specifications do not readily fit the existing building currently attached appendages (flashing, counter flashings, riglets, pipe collars, HVAC parts, etc.,) the Owner and/or Customer agrees to accept installation as acceptable without alteration. If Owner and/or Customer and /or manufacturer requires further work to warranty the job, Owner and/or Customer agrees to pay DOR for additional work necessary to install required flashings according to Section B Section A1 in addition to this Agreement.
Building Plans and permits: DOR does not provide design, engineering, consulting, or architectural services. For any plans, architectural drawings, or engineering, the Owner and/or Customer is solely responsible for and shall pay the costs of all such fees, permits, drawings, and/ or inspections required for the Project. All responsibility for specifications of Project specifications, materials, installation methods, and product ventilation lies with the Owner and/or Customer and/ or the design professional for the job. All Owner and/or Customer’s plans must comply with local building codes, wind-load design, structure use, ventilation, fastener types and methods, vapor or air retarder, etc., for the project. For use of structure, including changes in the use of structure, Owner and/or Customer warrants that the plans are sufficient and conform to all applicable laws and building codes, and ventilation calculations are provided and adequate. If provided plans differ from original Agreement terms and specifications, Owner and/or Customer agrees to pay DOR for materials and labor to install for new plans, based on (Section B, A1) of this Agreement. Owner and/or Customer agrees DOR is not responsible for any loss, damage or expense due to lack of written plans, defects in plans or specifications, or building code violations. If the Owner and/or Customer requests DOR to obtain permits for such planned work, Owner and/or Customer agrees to pay per (Section B, A2) for service of obtaining permits, plus any associated costs required. Additions to the Project not shown on the plans provided to DOR prior to this Agreement, or required after installation of roofing shall be considered an order for extra work, and DOR shall be compensated at rates for performing such additional work according to (Section B, A1) of this Agreement. The Owner and/or Customer and/or Customer’s Design Professional is responsible to provide DOR Specifications, drawing, and plans to specify or show the changes to the Project that is to be performed. DOR is not responsible for the actual verification of technical specifications of product manufacturers; (i.e., R-values, ventilation, insulation thickness and/or products, or ASTM or UL compliance, etc.) If DOR representatives suggest or propose any materials to be used on the project, either written or verbally at any point, they are to be considered suggestions only, and Owner and/or the Customer are required to verify material usage with a Design professional. Owner and/or Customer releases DOR from any and all liability from product recommendations, or any materials specified for the job.
Pre-inspections: DOR conducts a cursory inspection before and during roof removal. DOR does not warrant or guarantee that the inspection will discover any issues with the roof deck or structures. It is exclusively the Owner and/or Customer and/or Customer‘s responsibility to inspect and disclose to DOR any defects in roof deck and /or structure prior to Project initiation. Owner and/or Customer warrants that the roof deck and structures on which DOR is to work are in sound condition are capable of withstanding roof construction, equipment, and operations. Further, Owner and/or Customer warrants that the roof deck has no defects including but not limited to roof deck holes, gaps greater than 1/4-inch, areas of condensation or mold, areas of inadequate drainage and/or ponding water on the roof, rot, or any structural conditions, or any damage to the roof deck on which DOR’s roofing work is to be installed. If at any phase of the Project the Owner and/or Customer or DOR representatives discover issues with the roof deck that need to be addressed to repair, work on, or provide a warranty, the Owner and/or Customer and/or Customer‘s agrees to pay DOR for any corrections necessary, including removal of already installed new products by DOR, and re-installation of new products necessary to correct roofing deck or structural deficiency, according to Section B, A1, attached. In the event that the Owner and/or Customer cannot be contacted for approval in a timely manner to approve of such a change order, the Owner and/or Customer hereby gives DOR advanced approval to correct and agrees to pay for all required repairs and materials necessary to allow for work to continue so that the Project can continue without delay. Owner and/or Customer agrees to release DOR of any and all liability for any alleged missed issues of any inspection, structural sufficiency, testing of moisture content, unforeseen conditions, mold or microscopic organisms, quality of construction, undulations, fastening or moisture content of the roof deck, the direction of water flow, or work by other trades on the Project at any point before, during, or after construction Project is completed.
Mold, Asbestos, and Toxic Materials: This Agreement does not include a provision for coming into contact with mold, asbestos-containing, or toxic materials (“MATM”). If toxic materials, rot, insects, microorganisms, or some other concealed or unknown condition are discovered which alters the Scope of Work, then the Owner and/or Customer agrees that DOR may adjust the Scope of Work, costs of such work, and /or decline the MATM work. In the event DOR is requested by Owner and/or Customer to remove such materials, DOR shall be compensated for additional expenses resulting from the presence of MATM. Customer agrees to indemnify and release all liability related to, or in any way connected with MATM, before, during, or after completion of the project. Changes required for items outside of the scope of work, or beyond the control of DOR shall be charged at current hazardous materials charges, to be determined at the time of the incident, based on known hazard. DOR is not responsible for expenses, claims, or damages arising out of the presence, disturbance, areas missed during removal, or removal of MATM. Pricing for such removal and reconstruction are for different materials, and therefore will be estimated prior to commencement.
Customer insurance: Owner and/or Customer agrees that DOR is not responsible for any interior or exterior damage to the Property, or tenant’s property, that would otherwise be covered by Owner and/or Customer’s insurance, during or after the warranty period. Owner and/or Customer will notify tenants of the Project, and the need for the tenant to provide protection underneath areas being re-roofed. This includes but is not limited to damages from rain, hail, snow, wind, fire, water, pest, mold or microorganisms, asbestos, toxic materials, or other perils. Owner and/or Customer acknowledges that re-roofing of an existing building may cause a disturbance, dust, debris, or fire-proofing to fall into the interior. Additionally, DOR is in no way responsible for the malfunction of the electrical system, any internet connections or wiring for internet, natural gas connections, plumbing or sewer, HVAC unit connections, ventilation of any kind, cable TV, or satellite dish operation at any phase of the project. Owner and/or Customer agrees to remove or protect property directly below the roof in order to minimize potential interior damage. DOR shall not be responsible for the disturbance, detachment of fireproofing or other materials from the underside of the deck, damage, clean up, or loss to interior property that Customer did not remove or protect prior to commencement of roofing operations. In regards to Tenants and/ or tenants’ claims, the Owner and/or the Customer hereby indemnifies, releases, and agrees to protect DOR of any and all claims brought by a tenant in regards to this project.
Other Work after completion: In the event that any work is to be undertaken by others, including maintenance, on any part of the same structure that DOR has previously completed work, if that work impacts or alters DOR’s completed Project in any way, the Owner and/or Customer must notify DOR of such work prior to commencement of work and obtain written warranty authorization from DOR. If authorization is not obtained by DOR prior to commencement, all warranties by DOR and/ or the product manufacturer for the entire structure and/or Project will be considered null and void. DOR is not in any way responsible for damage done by others to DOR’s work after the job is completed.
Roof Top Safety: The Owner and/or Customer warrants there will be no live power lines on or near the roof servicing the building where DOR will be working, and that Owner and/or Customer will turn off any such power supplies to avoid an electrocution risk to DOR employees. The Owner and/or Customer shall shut down roof located electronic equipment while the roofing Agreement or is to be working on the roof so that roofing personnel will not be subject to electrical exposure while working on the roof, and shall indemnify and hold DOR and it’s personnel harmless from any personal injury claims resulting from a failure by Owner and/or Customer to do so. DOR is not responsible for costs of repair or damages, including disruption of service, resulting from damage to undisclosed or concealed electrical or other utility lines.
Site Conditions: DOR shall be provided with direct access to the work site for the passage of trucks and materials and direct access to the roof. DOR shall not be required to begin work until underlying areas are ready and acceptable to receive DOR’s work and sufficient areas of the roof deck are clear and available and free from snow, water, or debris to allow for continuous full operation. The raising, disconnection, reconnection, or relocation of any mechanical equipment on the roof that may be necessary for DOR to perform the roofing work shall be performed by others. If DOR is required to perform its work out of sequence, to undertake multiple mobilization and demobilization, or to work around obstructions or equipment that were not shown on the original plans, DOR shall be entitled to additional compensation and time commensurate with the additional costs and time expended by DOR, as listed in Section B, A1. It is possible that the driveway, curbs, or walkways may be cracked or damaged because of the weight of the equipment or trucks during the loading of the roof. Accordingly, Owner and/or Customer releases liability for any cracks or damages caused to the driveway, curbs, or walkways.
Warranty: Roofing products, Skylights, Solar fans, Siding, Insulation, Venting products, etc., are warranted by the Materials Manufacturer(s) in accordance with their standard warranties. The acceptance of this Agreement by Owner and/or Customer signifies agreement that this warranty shall be and is the exclusive remedy against DOR. A copy of the manufacturer’s warranty shall be furnished to Owner and/or Customer upon request. It is also agreed that in the event of alleged defects in the materials furnished pursuant to this Agreement, the Owner and/or Customer shall have recourse only against the manufacturer of such material. DOR SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. Any applicable written manufacturer’s warranties for materials are by the manufacturer, and may or may not be transferable or assignable depending on the manufacturer’s written warranty. This agreement is specific to the named Owner and/or Customer attached, and Dial One Roofing labor warranties are not transferable or assignable to outside parties. Warranties will not be in effect unless payment is made in full and the Owner and/or Customer has received written warranties. Except as expressly stated in this Agreement, Owner and/or Customer expressly WAIVES ALL OTHER WARRANTIES, INCLUDING STATUTORY OR IMPLIED WARRANTIES.
Product performance, aesthetics, and function: Construction Products are made of many different types of materials, with different implied durations, implied warranties and guarantees, various colors, and materials types. An average job may contain thousands of separate parts. DOR has no control over the production of construction products, colors or color fading, effective duration life, potential product failure, thermal expansion and Agreement ion, metal ‘oil-canning’, warping, shrinkage, permeability, etc. In the event the Owner and/or Customer feels that the construction product (s) are not performing as expected, Owner and/or Customer agrees to notify DOR and the manufacturer of said products, and determine the course of action to correct products issues. In the event that that materials are to be replaced through no fault of DOR, Owner and/or Customer hereby accepts and agrees to pay DOR for replacement of materials and /or construction products, at scheduled pay rate as set forth in Section B, A1.
Material Substitution Provision– In the event that any specified material or equipment becomes unavailable either temporarily or permanently after the Agreement is executed, provided that such availability is a result of factors beyond DOR’s control, then in the event of temporary unavailability, the Agreement time shall be extended to reflect the duration of time that DOR is delayed by the unavailability, and in the case of permanent unavailability, DOR shall be excused from providing said material or equipment and allowed to provide an available substitute. To the extent an available substitute is provided by DOR under this provision, any increase in the cost between the originally specified material and equipment and the substitute shall be paid by the Owner and/or Customer to DOR.
Payment Provision: Payment to DOR is an absolute and independent obligation. Provided DOR has not materially breached the Agreement, Customer shall not withhold any part of the Agreement amount for which payment is due under the Agreement on account of alleged or existing insurance claims, unless previously authorized by Agreement or in writing. Unless stated otherwise in writing, Owner and/or Customer shall pay a 50% down payment due upon execution of the Agreement. The balance of the Agreement price plus any additional charges for changed or extra work shall be due upon completion of the Project and delivery of the invoice. If completion of the work extends beyond one month, Owner and/or Customer shall make monthly progress payments to DOR due within 30 days of the invoice date for the value of Work performed during the preceding month, plus the value of materials suitably stored for the project. All payments made by credit card will be assessed a 3% Fee in addition to the actual bill. All sums not paid when due shall earn interest at the rate of 2% per month, beginning from the initial date of the initial invoice. DOR shall be entitled to recover from the Customer all costs of collection incurred by DOR, including attorney’s fees, as a result of the Customer’s failure to make proper payment when due.
Additional work: Any clearly defined work required to accomplish the project that is not set forth within the Agreement terms by either the Owner and/or Customer or DOR will be considered an addition, as set forth by Schedule B, Section A, plus any materials required. For any additional or job-specific work need of attention, be it additional or alteration, job area size and scope to be defined by Owner and/or Customer and DOR in writing prior to execution.
- Roof Consultants, Observers, Representatives Agent: (RCORA) If Owner and/or Customer, Architect, Construction Manager or Agreement or intend to retain a Roof Consultant, observer, or Representative Agent to monitor or evaluate roofing Agreements work during construction, the roofing Agreement shall reflect such in writing prior to execution of the roofing Agreement. All RCORA personnel must be personally identified, listed in the Agreement. If the RCORA has concerns regarding the execution or quality of the work being performed, those concerns should be promptly communicated to DOR or so that all such concerns can be discussed and addressed in a timely manner. DOR shall be provided with copies of all daily, weekly, or other reports issued by the roof consultant or monitor as they are prepared and issued. DOR bears no liability for worksite injuries occurring to RCORA or other personnel assigned by Owner and/or the Customer.
Attorney Fees: Owner and/or Customer agrees to pay Dial One Roofing’s attorney fees, including collection fees, costs, and disbursements incurred without filing suit, which Dial One Roofing may incur to enforce or defend any right granted in this Agreement, or by Oregon Statute. In the event of suit, action or arbitration is instituted to enforce any right granted in this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees to be fixed by the arbitrator or court at trial or on appeal plus its costs and disbursements.
Section B Pay: (This section lists out separate hourly pay schedules for special or additional conditions. This is separate from the estimate provided for the job (the Project), and is added only in the event that extraordinary circumstances are listed above.)
- (A1) Additional Payment (Standard Hourly) $89.00 per employee hour, plus materials x 1.40
- (A2) Professional Pay (Professional Hourly) $275 per hour for service, plus any associated costs required
Owner and/or Customer acknowledges that Dial One Roofing provided them with the “Information Notice to Owner and/or Customer About Construction Liens,” “Consumer Protection Notice.” and “Notice of Procedure,” as required by the State of Oregon Construction Contractors Board.