YOUR RIGHT TO CANCEL BEFORE WORK BEGINS
You, the buyer, have the right to cancel this contract within three days of the execution date, unless services rendered are an emergency.
NOTE ABOUT EXTRA WORK AND CHANGE ORDERS
Buyer may not require a contractor to perform extra or change order work without providing written authorization prior to the commencement of any work covered by the new change order. Extra work or a change order is not enforceable against a buyer unless the change order also identifies all of the following in writing prior to the commencement of any work covered by the new change order:
- The scope of work encompassed by the order.
- The amount to be added or subtracted from the contract.
- The effect the change order will make in the progress payments or the completion date.
The contractor’s failure to comply with the requirements of this paragraph does not preclude the recovery of compensation for work performed based upon legal or equitable remedies designed to prevent unjust enrichment.
MECHANICS LIEN WARNING
Anyone who helps improve your property, but who is not paid, may record what is called a mechanics lien on your property. A mechanics lien is a claim, like a mortgage or home equity loan against your property and recorded with the county recorder. Even if you pay your contractor in full, unpaid subcontractors, suppliers, and laborers who helped improve your property may record a mechanics lien and sue you in court to foreclose the lien. If a court finds the lien is valid, you could be forced to pay twice or have a court officer sell your home to pay the liens. Liens can also affect your credit. To preserve their right to record a lien, each subcontractor and material supplier must provide you with a document called a “20 Day Preliminary Notice” This notice is note a lien. The purpose of this notice is to let you know that the person sending the notice has the right to record a lien on your property if he or she is not paid.
The preliminary Notice can be sent up to 20 days after the subcontractor starts work or when the supplier provides materials. This can be a big problem if you pay your contractor before you have received the Preliminary Notices. You will not get Preliminary Notices from your prime contractor or from laborers who work on your project. The Law assumes that you already know they are improving your property.
PROTECT YOURSELF FROM LIENS
You can protect yourself from liens by getting a list from your contractor of all the subcontractors and material suppliers that work on your project. Find out from your contractor when these subcontractors started work and when these suppliers delivered goods or materials. Then wait 20 days, paying attention to the Preliminary Notices you receive.
REMEMBER, IF YOU DO NOT PAY THE BILL, YOU RISK HAVING A LIEN PLACED ON YOUR HOME!
Mold or Mildew
It is expressly agreed that the Contractor will be excused, in whole from any obligation, damage, loss, or liability for mold growth or contamination. Homes built prior to 1978 may contain Asbestos & Lead. It is the homeowner’s responsibility to notify us and arrange for proper abatement.
WARRANTY – Contractor must be given the opportunity to correct any labor defects.
Contractor Warranties all labor 1 year unless specified. Contractor does not warranty materials, manufacturer specifies warranty on materials. Warranty exception, we do not warranty any drain cleaning beyond 30 days unless specified.
COMMERCIAL GENERAL LIABILITY INSURANCE
This contractor does carry commercial general liability insurance. Proof of insurance will be provided upon request.
INFORMATION ABOUT THE CONTRACTORS STATE LICENSE BOARD (CSLB)
CSLB is the state consumer protection agency that licenses and regulates construction contractors. Contact CSLB for information about the licensed contractor you are considering, including information about complaints, disciplinary actions and civil judgments that are reported to CSLB. Use only licensed contractors. If you file a complaint against a licensed contractor within the legal deadline (usually four years), CSLB has the authority to investigate the complaint. If you use an unlicensed contractor, CSLB may not be able to help you resolve your complaint. Your only reedy may be civil court, and you may be liable for damages arising out of any injuries to the unlicensed contractor or the unlicensed contractors employees.
For More information:
- Visit CSLB’s Website at www.cslb.ca.gov
- Call CSLB at 800-321-CSLB (2752)
- Write CSLB at P.O. Box 26000, Sacramento, CA 95826