Alternative Residential Contract Provisions by ReadyBuiltForms

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									ALTERNATIVE RESIDENTIAL CONTRACT PROVISIONS
A. ALLOWANCES: Owner shall pay any and all costs in excess of the allowances set forth in this Agreement. Owner shall pay all such costs to Contractor and shall additionally provide Contractor with written authorization and consent in form and substance satisfactory to Contractor before Contractor shall order the material and/or commence with labor relating to work/ improvements for which costs exceed allowance(s). Owner shall not be charged an additional charge by Contractor for handling unless Owner's total charges for allowance items exceed twenty percent (20%) of the amount of the Owner allowances set forth herein. In the event that Owner's total cost for all allowance items exceed twenty percent (20%) of that amount then Owner shall pay Contractor a sum equal to fifteen percent (15%) of the amount in excess of the allowance amount. B. SITE PREPARATION: Owner assumes sole responsibility for the compliance with set back and property use restrictions and location of the structures on the premises and shall indemnify and hold Contractor harmless for any and all damages and attorney's fees arising therefrom. Owner acknowledges that if it becomes necessary to remove trees from the premises as part of the construction process, Owner shall be responsible for the cost of tree removal. All site preparation is to be handled by Owner unless stated otherwise in the SPECIFICATIONS. C. OWNER'S USE OF ARCHITECT/DESIGNER OR ENGINEER: In the event Owner retains (or has retained) an architect, or designer to provide or modify the plans and/or an engineer to seal or certify the plans, Contractor assumes no responsibility to assure that the plans are drawn or written by the architect, or as sealed or certified by the engineer (as applicable) in accordance with good industry standards, applicable laws, statutes or local building code requirements or regulations. Notwithstanding any terms or conditions of this Agreement to the contrary, Contractor shall not be liable for any costs, expenses or damages arising to Owner in the event such plans fail to comply with applicable laws, ordinances, codes or regulations. In the event of any such problem, Owner shall indemnify Contractor as provided for in paragraph __, and shall be wholly responsible to Contractor for any and all labor, expenses and costs plus twenty percent (20%) to correct any such problems. D. CONSTRUCTION EFFECT ON OWNER: Owner hereby acknowledges and agrees construction and/or remodeling of a home is a time-consuming and, at times, stressful process. Therefore, Owner hereby agrees that Contractor shall not be responsible for, and hereby waives and releases Contractor from any claims, damages, actions, costs or other liabilities, whether direct or indirect, that relate in any manner whatsoever to Owner's personal injury, loss of income, emotional distress, anxiety, embarrassment, humiliation, mental anguish, death, loss of use, loss of value, and/or adverse health effect, or any other personal effect such home construction/remodeling shall have on Owner and/or Owner('s) family, friends or invitees. E. CONCRETE: Cracks, chips, spalling, scaling and pitting in the concrete due to weather, salt damage, shrinkage, or any other

cause are not the responsibility of Contractor. F. PAINTING: Contractor should not be liable for cracks and other defects caused by the expansion and contraction of joints in the woodworking and trim resulting from seasonal changes in the weather. G. CLEAN UP
								
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