McCarthy Roofing Blog

Terms and Conditions

McCarthy Roofing

GENERAL TERMS AND CONDITIONS

Contract Documents.

The “Contract Documents” [also collectively to referred as the “Agreement”] between Prodigal Enterprises LLC doing business as McCarthy Roofing (“McCarthy” or McCarthy Roofing”) shall consist of these General Terms and Conditions, any Special Conditions,  McCarthy Roofing’s Proposal, Contract, Warranties, Certificates, General Policies, and any Design Drawings, Specifications, Addenda and any subsequently executed Change Orders and shall govern the relationship between the parties for the construction services and materials described in the Agreement. Should any conflicting terms or conditions appear in any of the Contract Documents, the Terms and Conditions contained here shall take precedence over any others.

Nature and Performance of Contract Work.  

McCarthy Roofing shall furnish the labor and materials required to perform the work described herein or in the referenced Contract Documents.  All Work shall be performed (i) in a workmanlike fashion according to general industry standards, (ii) Contractor will do all work according to the current applicable Building Codes, (iii) the use of any subcontractor shall not relieve Contractor of full responsibility to Customer for the Work.

 

Time is of the Essence.

Time is of the essence in the performance of the obligations under this Agreement. Customer shall permit McCarthy to schedule and to begin the Work within ninety (90) days of the Customer’s signing this Agreement. The price quoted contemplates one mobilization of work force and continued operations (weather permitting) from the date of mobilization through completion. Any interruption or delays requested or caused by customer, site conditions, access to utilities, other contractors or subcontractors which require McCarthy’s work crews to demobilize or interrupt their normal flow of work in progress shall entitle McCarthy to a claim for additional delay and/or remobilization costs.

 

Roof Deck and Substructure. 

Customer warrants that the deck and structures on which McCarthy is to work are in sound condition and capable of withstanding roof construction, equipment and operations. McCarthy’s commencement of roof installation indicates only that McCarthy has visually inspected the surface of the roof deck.  McCarthy is not responsible for the structural sufficiency, quality of construction of the roof deck or substructure and unless specified in the Scope of Work, shall not be responsible for repairs or rebuilding of the deck or substructure. Any work required to replace rotten, missing or deteriorated decking shall be done on a labor and material or unit price basis as an extra cost unless specifically included in the scope of work details. Unforeseen conditions that may affect the work will be reported to Customer and authorization to complete will be requested prior to permanent repairs being performed.



Asbestos and Toxic Materials. 

McCarthy is not responsible for expenses, claims or damages arising out of the presence, disturbance or removal of Asbestos Containing Materials or other Toxic Materials or substances.  McCarthy shall be compensated for additional expenses resulting from the presence of Asbestos or Toxic Material. Customer agrees to indemnify McCarthy from and against any liability, damages, losses, claims, demands or citations arising out of the presence of Asbestos or Toxic Materials or substances.

 

Payment. 

Unless stated otherwise in writing, Customer shall pay the greater of a $1,000.00 or 10% initial down payment due upon execution of the contract and a further 40% upon delivery of materials. The balance of the contract price plus any additional charges for changed or extra work shall be due within 30 days of the date of invoice for completion.  If completion of the Work extends beyond 30 Days, McCarthy shall be entitled to monthly progress payments 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. If Customer defaults in any obligation contained herein, including but not limited to rendering payment in full to Contractor when due, Customer will be in default under this Agreement. Upon the occurrence of such default, Contractor shall have the right to cease work immediately, terminate this Agreement, and initiate any applicable legal proceeding to collect the full amount due under this Agreement. Customer agrees that, upon the occurrence of a Customer default, the unpaid indebtedness shall bear interest at a rate of (i) eighteen percent (18%) per annum or (ii) the highest rate allowed by law. McCarthy shall be entitled to recover from Customer all costs of collection incurred by McCarthy, including attorney’s fees, resulting from Customer’s failure to make proper payment when due. Collection matters may be processed through litigation or arbitration at the discretion of McCarthy.

Right to Stop Work. 

The failure of Customer to make proper payment to McCarthy when due shall, in addition to all other rights, constitute a material breach of contract and shall entitle McCarthy, at its discretion, to suspend all work and material deliveries, including furnishing warranty, until full payment is made. The time period in which McCarthy shall perform the work shall be extended for a period equal to the period during which the Work was suspended, and the contract sum to be paid McCarthy shall be increased by the amount of McCarthy’s reasonable additional costs of shut-down, delays, demobilization, remobilization and start-up costs.

Insurance. 

McCarthy shall carry worker’s compensation, general commercial liability and automobile and truck insurance.  McCarthy will furnish a Certificate of Insurance upon request. 

 

Builders Risk Policy.

Where required and during the course of installation, Customer shall purchase and maintain builder’s risk and property insurance, including coverage of labor and materials furnished by McCarthy for extended coverage, fire, vandalism and theft on the premises to protect against loss or damage to material and/or partially completed work until the job is completed and accepted. 

 

Interior and Adjacent Property Protection. 

Customer acknowledges that re-roofing of an existing building may cause disturbance, dust, debris to fall into the interior.  Customer agrees to remove or protect property directly below the roof in order to minimize potential interior damage. McCarthy shall not be responsible for 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. Prior to the start of the Work, Customer is responsible for removing or protecting any property from possible construction damage, including but not limited to, furniture, antennas, satellite dishes, screen enclosures, air conditioning and heating units, pool systems, decorative items, landscaping, vehicles, pets, and other household items. If premises are occupied by tenants, Customer shall be responsible to notify tenants of re-roofing and the need to provide protection underneath areas being re-roofed.  Customer agrees to hold McCarthy harmless from claims of tenants who were not so notified and did not provide protection.

Damages and Delays. 

McCarthy shall not be responsible for loss, damage or delay caused by circumstances beyond its reasonable control, including but not limited to acts of God, accidents, snow, fire, weather, vandalism, regulation, strikes, jurisdictional disputes, failure or delay of transportation, shortage of or inability to obtain materials, equipment or labor.  In the event of these occurrences, McCarthy’s time for performance under this proposal shall be extended. McCarthy will not be responsible for damage done to McCarthy’s work by others or for delays caused by others. McCarthy shall not be liable for liquidated or delay damages due to a delay in completion of the Project unless the delay was directly and solely caused by McCarthy.

 

Materials.  

McCarthy shall provide necessary labor, materials to complete the Work as specified. McCarthy shall not be responsible for an exact match of any materials, including but not limited to, roofing, siding, metal work, and shingle color or shading.  All materials shall remain the property and title of McCarthy until fully paid by Customer. All surplus materials shall remain the property of McCarthy unless, at McCarthy's option, are turned over to the Customer upon the completion of the Work. McCarthy is not responsible for replacement of any lumber, sheathing, trim or rotted wood, or replacement parts in excess of the agreed amount unless specified in this Agreement. McCarthy may, at its own discretion, substitute equal or similar materials to be used in the Work.

 

Material Cost Escalation. 

Steel, asphalt, and other roofing products are subject to unusual price volatility due to conditions beyond the control or anticipation of McCarthy.  If there is a substantial increase in these or other roofing products between the date of this proposal and the time when the work is to be performed, the amount of the contract may be increased to reflect the additional cost to McCarthy, upon submittal of written documentation and advance notice and approval by the Customer.

 

Back-charges. 

No back-charges or claims for payment of services rendered or materials and equipment furnished by Customer to McCarthy shall be valid unless previously authorized in writing by McCarthy and unless written notice is given to McCarthy within five (5) days of the event, act or omission that is the basis of the back-charge claim.

 

Site Conditions. 

McCarthy shall be provided with direct access to the work site for the passage of trucks and materials and direct access to the roof.  McCarthy shall not be required to begin work until underlying areas are ready and acceptable to receive McCarthy’s work and sufficient areas of roof deck are clear and available and free from obstructions or debris to allow for continuous full operation.  The expense of any extra trips by McCarthy to and from the job as a result of the job not being ready for the Work after McCarthy has been notified to proceed will be charged as an extra. The raising, disconnection, re-connection or relocation of any mechanical or telecommunications equipment on the roof that may be necessary for McCarthy to perform the roofing work shall be performed by others or treated as an extra.

 

Warranty. 

New roofing and re-roofing work will be warranted by McCarthy in accordance with its standard Certificate of Roof Workmanship Warranty (“Warranty”), which is made a part of this proposal and contract and incorporated by reference.  A facsimile of McCarthy’s Warranty will be furnished upon request. McCarthy shall not be liable for special, incidental or consequential damages. The acceptance of this proposal by the Customer signifies agreement that this Warranty shall be and is the exclusive remedy against McCarthy. A manufacturer’s warranty shall be furnished to Customer if a manufacturer’s warranty is called for on the face of this proposal.  It is expressly agreed that in the event of alleged defects in the materials furnished pursuant to this contract, Customer shall have recourse only against the manufacturer of such material. McCarthy is not responsible for leakage through the existing roof or other portions of the building that have not yet been reroofed by McCarthy. McCarthy shall not be responsible for damages or loss due to work done by others. All Warranties for any work performed by McCarthy shall be void and McCarthy shall not be responsible for damages or loss if anyone other than McCarthy employees or authorized representatives alters, repairs, removes, reinstalls, modifies, adds to or attaches to any work completed by McCarthy.

 

Mold. 

McCarthy and Customer are committed to acting promptly so that roof leaks are not a source of potential interior mold growth. Customer will make periodic inspections for signs of water intrusion and act promptly including prompt notice to McCarthy if Customer believes there are roof leaks or water intrusion and permit McCarthy to correct such conditions.  Customer is responsible for monitoring any leak areas and for indoor air quality.  McCarthy is not responsible for mold or indoor air quality.  Customer shall hold harmless and indemnify McCarthy from claims due to indoor air quality and resulting from a failure by Customer to maintain the building in a manner to avoid growth of mold or for delays or failure to timely provide notice of any suspect conditions.



Working Hours. 

This proposal is based upon the performance of all work during McCarthy’s regular working hours. Extra charges will be made for overtime and all premium time if required by Customer.

 

Dispute Resolution. 

If any dispute should arise between McCarthy and Customer with respect to any matters or questions arising out of or relating to the work performed, materials used, this Agreement or the breach thereof, McCarthy and Customer hereby agree to submit all disputes to mediation under the American Arbitration Association Construction Industry Rules of Mediation, or other similar rules in their absence. If mediation is not successful, arbitration shall be conducted in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association unless the parties mutually agree otherwise. This Agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law.  The award rendered by the arbitrators shall be final, and judgment may be entered upon it in any Court having jurisdiction thereof. Venue; Jurisdiction: This Agreement shall be governed by the laws of the State of California. Each party waives its rights to a trial by jury in any dispute about or involving this Agreement. Any litigation or other dispute resolution relating to this Agreement shall take place exclusively in Orange County, California, unless such condition is waived by Contractor in its sole discretion. Both parties hereby consent and waive all objections to the personal jurisdiction of, and venue in, the courts within County of Orange State of California with respect to this Agreement.  In the event of mediation, arbitration, enforcement proceedings and/or legal action arising out of or relating to this Agreement, the interpretation thereof, or the failure of any Party to perform the terms of the Agreement, the prevailing party in such action shall be, in addition to damages, injunctive relief or any other relief, entitled to reasonable costs and expenses not limited to actual attorneys’ fees and expert witness costs incurred in such an action.

 

Severability.  

If any provisions, paragraphs or sub-paragraphs of this Agreement are adjudged by any court to be void or unenforceable in whole or in part, this adjudication shall not affect the validity of the remainder of this Agreement.  Each provision of this Agreement is severable from every other provision, and constitutes a separate and distinct covenant.