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Pre -Lien Notice
<br />A) Any person or company supplying .labor or
<br />naterials for this improvernent to your property may
<br />ile a lien against your property if that person or
<br />:ompany is not paid for the contributions;
<br />B) Linder Minnesota law,. you .have: the right to
<br />)ay persons who supplied labor or materials for this
<br />mprovement directly and deduct this amount from
<br />3u.r contract price, or withhold the amounts due
<br />hem from us until 120 days after completion of the
<br />mprovements unless we give you a lien waiver
<br />.igned by persons who. supplied any labor or
<br />material for the improvement and who gave you
<br />imely notice.
<br />1.. Warranty: 'All Work is to be completed in a. workmanlike
<br />manner, acco.rding:to.standard industry practices in Minnesota.
<br />Unless otherwise required by law, Cor6actor.provides. a warranty
<br />n all labor related to th.e. Work for a period. of one year from the
<br />date Contractor ceases work on the Property. All materials
<br />provided to the Property .are covered only by manufacturers'
<br />and/or suppliers' warranties, if.any. Unless otherwise specified all
<br />materials will be standard stock materials and other products and
<br />materials may be substituted for .equivalent products due to
<br />availability. Some. variation in color and texture of materials is
<br />acceptable: Contractor does not warrant or guarantee any
<br />materials or labor that Contractor did not 'originally provide,
<br />Contractor.does not warrant labor and materials related to Owner -
<br />Direct Work and Owner -Direct Work may void Contractor's
<br />arranty. Contractor shall not be responsible for Work required as
<br />result of the acts or errors: of .others or for latent defects in
<br />materials or products.
<br />2. Access to Property. The Price is based upon completion of
<br />the Work during normal working hours: and Owner agrees to
<br />provide Contractor clear and continuous access to the Property
<br />as requiredfor the Work. Owner will be. responsible. for Pride
<br />increases if any failure to provide. reasonable access interrupts
<br />Contractor's: Work. Owner shall make toilet facilities available to
<br />all workers. or. compensate .Contractor for the cost of rented units
<br />plus 10% for:.averiiead, which shall increase the Price. Owner
<br />shall furnish electric, water, and other utilities for the Work:at no
<br />expense to Contractor. Owner shall .arrange. for any necessary
<br />identification -of underground utilities prior to any digging.
<br />3. Hidden or Hazardous Conditions: A"Hidden Condition" shall
<br />(mean a concealed or unforeseeable condition not readily
<br />observable when inspecting the Property for purposes of
<br />estimating the Price.. A "Hazardous" Condition shall mean
<br />hazardous materials, asbestos-containingmaterials, mold; insect
<br />or rodent infestation, or similar conditions.. Contractor has no
<br />responsibility to determine the presence or absence of any Hidden
<br />or Hazardous Conditions affecting the Work. The Price does not
<br />include and. Contractor shall not lie. required .to remove,. protect
<br />against, dispose of or remedy. Hidden or Hazardous Conditions.
<br />Owner acknowledges receipt of aMold Notice/Waiver and
<br />l=ormaldehyde..Disclosure as required by Minnesota law. Any
<br />alteration or deviation from the :scope of the Work, including
<br />hidden damage, additional work'. required by .government
<br />inspectors, out of square or out of plumb conditions, or discovery.
<br />of Hidden or Hazardous Conditions, shall .entitle Contractor to
<br />immediately stop the Work, require a written Change. Order signed
<br />by the parties, and may result in extra. charges beyond the Price
<br />which .Owner agrees. to pay.
<br />4- .Use. of Property. Contractor may a) place an advertising.yard
<br />sign at the Property for promotion and to identify the Property for
<br />workers: and :suppliers. and b) .store materials and rubbish at the
<br />Property. .Owner inay be charged additional fees for items other
<br />5. Substantial Completion. Substantial Completion shall be the
<br />date on which Contractor's .Work is substantialty .finished so that
<br />the Work may be Used for: its intended purpose (as.distinguished
<br />from the date :of Owner's acceptance. thereof), or the. date of
<br />Contractor's last. item .of work atthe Property, whichever is earlier,
<br />6. Delays. Contractor shall not be responsiblefor delay damage
<br />arising from 'stoppage of the Work due to a) Owner's breach o
<br />contract, b) Owner's failure to provide access to the Property, c)
<br />as a result of inclement weather, strikes, fires, accidents, labor
<br />shortages, :delays in delivery of materials, or d). any causes
<br />beyond Contractor's reasonable control.
<br />7_ Owner -Direct Work. Contractor is not responsible for timely
<br />deliveryor performance of any labor or materials for Which. Owner
<br />is directly responsible ('Owner -direct. Work'). Owner shall not
<br />give instructions to: or directly request any work from Contractor's
<br />workers:. Delays caused by Owner -Direct Work may result in extra
<br />charges beyond the Price 'which. Owner agrees to. pay and. for
<br />which a Change Order shall be signed, including but not:.l.imited to
<br />a $200 per trip service charge.
<br />8. Payments and Collection. If Owner fails to make payment. as
<br />required by this Agreement. Contractor may stop work on forty-
<br />eight (48) hours notice. The Price shall be increased by
<br />Contractor's reasonable costs to. stop and/or resume. Work, :and
<br />Owner agrees to pay any such costs. Owner agrees to pay a
<br />service charge of :8°]o per annum or the maximum amount
<br />permitted by law on:all balances.30 days or more past due. Owner
<br />shall also pay for all collection costs, including employee time.and
<br />expense and all attorneys' fees and costs Contractor incursin
<br />collection. of and/or protection of its interests.. in Owners' past due
<br />account or.other enforcement of this Agreement.
<br />9: Personal. Pro.perty., Except as .specifically called for by this
<br />Agreement Contractor shall not be responsible. for protection .af
<br />Owner's vehicles or other personal property. ('Personal Property").
<br />Ownershall manage and be responsib efor protection of Personal
<br />Property and Contractor shall not be responsible for the theft. or
<br />disappearance. of ..or damage .to Personal Prope.rty.. Contractor
<br />shall not be responsible for locking or closing doors: or.gates,
<br />10. Liquidated Damages. Owner acknowledges that itwould be
<br />difficult to determine. Contractor's precise damages .if Own
<br />breaches. this Agreement' or if Owner terminates this agreemon
<br />without a legal basis.. Therefore, in the event Owner terminates
<br />after any applicable cancelatio..n period or otherwise breaches this
<br />Agreement; Owner still agrees to pay Contractor: ($) in full on a
<br />time and material basis for all services Contractor; its
<br />subcontractors and material suppliers have provided to Owner or
<br />the Property, and (2) lost profitequal to...25% of th.e.Price, Change
<br />Order amounts, and additional services Contractor and its
<br />subcontractors and material suppliers have provided to Owner or
<br />to the Prope rty.as of 1ke date of such termination ar.breach, which
<br />fee represents the industry .standard for reasonable. profit and
<br />overhead. Owner agrees that the described damages in this
<br />Section are a'reasonable estimate.. of the -damages that Contractor
<br />would incurdue to Owner's breach of the Agreement.
<br />11. Limitation on Claims. Any civil action alleging - Contractor's
<br />breach of. this. Agreement, negligence, fraud, misrepresentation,
<br />or any other :claim by Owner must be initiated no later than one
<br />(1) year after the earlier of (0) the date. -Contractor ceases work on
<br />the Property, .:or (b) .the. date Contractor's building permit is
<br />finalized or otherwise closed.. Contractor shall not be responsible
<br />for any damage to the. Property related to the' we1ght.or delivery of
<br />dumpsters, equipment or materials. Owner agrees that Owner's
<br />maximum claim for damages against Contractor, and Contractor's
<br />maximum liability to Owner, shall be limited tothe: amount Owner
<br />has paid to Contractor,
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