THORBURG CONTRACT - Rupp Contract Edit
THORBURG CONTRACT - Rupp Contract Edit
THORBURG CONTRACT - Rupp Contract Edit
Construction Contract
The Contractor agrees to perform services and supply materials for the Client as described set forth
in more detail in the “Scope of Work", "Approved Drawings", "Change Orders", which is/are
hereby incorporated into this Contract. The Client shall pay the Contractor a base contract sum of :
$ 727,721.02 [as specified in more detail in Scope of Work],
as may be amended by the parties, for the Contractor’s performance of the Contract.
Client Initial______
Page 1 Date______
Project Cost, Payment Summary & Project Time Line
Design Work $ 17,849.00
Site Utilities $ 63,700.00
Site Development $ 64,320.00
General Conditions $ 10,778.16
Concrete $ 53,031.60
Rough Carpentry $ 115,897.98
Mechanical, Electrical & Plumbing $ 67,173.00
Windows $ 46,500.00
Roofing $ 34,050.00
Exterior Sliding $ 23,828.40
Insulation $ 12,924.00
Wall Covering $ 17,651.28
Wall Tile $ 8,802.00
Interior Trim $ 26,581.20
Painting $ 15,960.00
* Allowances (See Definition of Terms) $ 46,025.00
Flooring $ 20,520.00
Miscellaneous Labor & Materials $ 6,600.00
Administration $ 46,400.00
Sub Total $ 698,591.62
Tax: Pinal County Adjusted Tax Rate (4.355%) $ 29,129.40
Progress Payments
Progress billings will be issued in accordance with Section 4 of this Contract for (i) Completed
Work and (ii) deposits required of Contractor for materials or services ordered and will be detailed
via payment terms and schedule provided through BuilderTrend
Total of Progress payments (Input the amount here)
**Payment schedule will be listed in BuilderTrend once the project commences
Client Initial______
Page 2 Date______
Definitions. As used in this Contract
"Client." – Means Dawn Thornburg
"Contractor." – Means Dolson Construction
"Allowances." – The Scope of Work includes items whereby the final cost has not yet been
deteremined and thus a cost estimate known as an "Allowance" has been provided for the item to
arrive at a total project cost subject to Client's reasonable approval. If the Contractors actual cost
incurred for the item is greater or less than the Allowance, the Clients project cost will increase or
decrease accordingly, by the delta between the Allowance and the actual cost of the item.
Contractor to update the Client on the Allowance totals as they are approved.
"Options" – Options are included in the Scope of Work and represent items that are outside the
cost of this contract. The Client must select an Option for completion and all Options are billed
consistent with the terms of this Contract. The Clients election of an Option will be documented in
writing through a Change Order signed by both the Client and Contractor. The $250.00 Change
Order fee does not apply to Options.
"Work Product" - Refers to all of the works of authorship, products, or services furnished or
provided by the Contractor and its employees, on behalf of the Client during the term of this
Contract and more fully described in the Project Totals Report(s), Approved Drawings and
Change Order(s).
"Scope of Work or SOW" – The document attached herein that describes all the work that is
included to be completed under this contract and the total cost of said work.
“Change Order” – Refers to changes to the project as described in the SOW and Approved
Drawings. Changes to the project that effect, one or all of, the materials, labor, and time schedule
of an existing SOW item may result in increased or decreased costs. All Change Orders shall be
signed by both the Contractor and Client, prior to commencement of said work by the Contractor.
See the Change Order Contract.
“Major Completion” – Refers to the major completion of all the Work Product of the SOW,
Approved Drawings and Change Order(s), and only minor finish items remain. The area is fully
functional and only lacking minor cosmetic items such as (but not limited to): touch up paint,
minor hardware items, punch list items. Major completion approval from the Client will not be
reasonably withheld.
Client Initial______
Page 3 Date______
“Major Completion Date” – The date upon which the Contractor warrants Major Completion of
the SOW, Approved Drawings and Change Order(s) will be completed to industry tolerances.
Contractor and Client to perform a walk through in review of Major Completion for Client Approval
and sign off of completion.
“Full Completion” – Refers to 100% completion of the SOW, Approved Drawings and Change
Order(s) to the Clients satisfaction, including minor finish items, minor hardware items, cosmetic
items and punch list items.
“Full Completion Date” – The date upon which the Contractor warrants Full Completion of the
SOW, Approved Drawings and Change Order(s) will be completed to industry tolerances.
“Completed Work” – Refers to having completed the work described in the SOW. Work can be
both partially and fully complete.
“Substantial Work” – Refers to work performed on the job site by one or more trades that leads
to the completion of the project. The work must have taken place in three out of the last five
consecutive business days.
“Project Timeline” – Details the project Commencement Date, Major Completion Date, and Full
Completion Date.
Client Initial______
Page 4 Date______
Terms and Conditions
1. Contractor Commitment
1.1 The Contractor agrees to provide all the labor, materials, services and tools necessary to complete the
SOW and Approved Drawings included herein, except to the extent specifically indicated in this Contract
to be the responsibility of others.
2. Warranty
2.1 The Contractor warrants that in carrying out the services described in this Contract,Contractor will use
the highest degree of workmanship, technical practices, skills, procedures, care and judgment in
accordance with industry standards as set forth by the , Residential Construction Performance Guidlines,
NAHB. The assignments will be performed in an expeditious and economical manner consistent with the
project’s best interests, and the Contractor will at all times cooperate with the Client so as to further the
project’s best interests.
2.2 The Contractor warrants to provide the Work Product as more fully described in the SOW, Approved
Drawings and Change Order(s) to the specifications mutually agreed upon between the Client and the
Contractor.
2.3 The Contractor warrants to providing the project services in a timely fashion. Time is of the essence. The
Contractor is not responsible for project delays caused by Force Majeure, and/or Client caused delays.
2.4 The Contractor warrants all Work Product(s) for one year from the date of Major Completion. All
manufactured products installed by the Contractor are warranted by their respective manufactures with
no express or implied liability for product malfunction made by Contactor. Other than as specified in this
Section 2.4, Contractor makes no other warranty, representation or guarantee, whether express or
implied, and such are expressly disclaimed unless investigation otherwise determines the Contractors
responsibility. Contractor's warranty period does not limit the manufacturer or supplier warranties.
2.5 The Contractor agrees to cure any manufactured product malfunction that occurs within the product
warranty period that is a result of faulty or improper installation of said product.
2.6 The one year warranty period specifed in section 2.4 is not applicable to any structural or other
construction defects and Oregon Law will apply in such cases.
2.7 This warranty is non-transferable and only exists between the Contractor and the original Client as
signed and dated herein. Furthermore, this warranty covers only the work performed described in the
attached SOW, Approved Drawings, and/or Change Orders.
3. Approvals
The Contractor can and, upon the Client’s request, will submit a preliminary and/or a final draft of any
Work Product for approval to the Client before construction (or a portion of the construction); this
includes any changes or substitutions. The Client will approve the final draft in writing. Once the final
draft is approved by the Client, the Client then assumes the responsibility that the contents of the final
draft are correct and accurate as production or construction begins. Client's review constitutes full
acceptance and approval by the Client of materials to be used and all associated costs if such exist.
Provided, however, Client's review and approval for payment of any Work Product or Change Order shall
not relieve Contractor of its responsibilities to fully and properly perform the Scope of Work in
accordance with the standards of care set forth this Contract and Oregon Law
Client Initial______
Page 5 Date______
4. Compensation/ Payments
4.1 Compensation is based solely on the Scope of Work and any subsequent Change Orders.
4.2 Contractor shall provide a payment schedule congruant with the project start and end dates (Project
Duration) set forth in this contract and reasonable with the time and work to be completed. The payment
schedule is typically posted during the first week of on site work, Client has no obligation to make further
payments in the absence of a payment schedule being posted.
4.3 Client shall remit payment to the Contractor within 3 business day of the scheudled date as set forth in
the payment schedule
4.4 All payments must be made when due, time being of the essence. Late payments shall be subject to
interest at a rate of .75% a month (9% per annum). Payments will be halted if production is delayed for
any reason and will then resume the week that production resumes.
4.5 Client’s failure to make timely payments, when due, constitutes a material breach under this Contract
which permits Contractor, without waiving any other rights or remedies under this Contract or at law, to
suspend Work until all payments due have been received less any amounts reasonably withheld by the
Client for items not yet delievered or complete.
4.6 Final payment shall not be due, and released by Client, until the Contractor submits to the Client: a)
executed unconditional releases and waivers of liens for which payments have been made; b) conditional
releases for payments not yet received, data establishing payment or satisfaction of all obligations arising
out of this Contract; and c) the following requirements have been met:
i. Contractor has completed the entire Scope of Work and any Change Orders;
ii. All punchlist items have been completed to the Client's satisfaction;
iii. All required inspections have been passed and completed;
iv. the Certificate of Occupancy (if required) has been obtained;
v. Contractor has delivered all materials and manufacturer warranties;
vi. Contractor has delivered a final set of as-built plans, OEM manuals, and any other closeout
documents;
vii. Client agrees in writing that Full Completion has been met.
4.7 The Parties agree to waive any requirements for ORS 701.420 (regarding establishing interest-bearing
escrow accounts on contracts over $500,000) as between themselves that would otherwise apply.
5. Change Orders & Additional Work Authorization. (see Change Order Contract)
Client Initial______
Page 6 Date______
7. Full Disclosure Agreement
Contractor is bound by law to full disclosure. Any materials found to be defective by any agent/employee
of Contractor during the work process will be reported to all the individuals that have interest in the Work
Product. “The Individuals” may include, but are not limited to, Client, product owners, product buyers,
seller’s agents, buyer’s agents, and/or brokers.
8. Delays
8.1 Client Caused Delays. A Client caused delay is when the Client makes a decision or is in control of a job
item that halts the Contractors progress. This can include, but is not limited to inaccuracy/incompatibility
in Client provided material. This does not include, Client rejection of Contractor work that does not
conform to Section 15 Conformance with SOW, Approved Drawings and Change Order(s).
8.2 For Client caused delays, Client agrees to pay Contractor liquidated damages; to be negotiated at the
time of the delay if needed at all. "Occurance" shall mean a separate event resulting in a Client caused
delay. In the event that Client provides Contractor with five (5) days notice of a Client caused delay to
Contractor, there shall be no liquidated damages paid to Contractor.
8.3 If a Client caused delay results in a delay of the completion dates of the project then the Major and/or
Full Completion Dates will be amended accordingly (in writing and signed by Client and Contractor)
based on the delay at no cost to the Contractor
8.4 Contractor Caused Delays. A contractor caused delay is when the Contractor makes a decision or is in
control of a job item that halts progress. This can include, but is not limited to inaccuracy/incompatibility
in Contractor provided material.
8.5 Contractor shall complete the project in accordance with the date/schedule set forth in the Project
Timeline labeled as the Full Completion Date, subject to time extensions as permitted under this
Contract, including without limitation Force Majeure events and Client caused delays.
8.6 If the project as described in the SOW(s), Approved Drawings and Change Order(s) is not completed
within seven (7) working days of the Final Completion Date, the Contractor agrees to pay liquidated
damages to the Client. The liquidated damages will be the Clients quantifiable incremental costs related
to the delayed project completion and negotiated at the time of the delay
8.7 Rain Delays (Applies to Exposed Construction Only). In the event of excessive rain Contractor will
maintain wood moisture content no greater 20% prior to installation of insulation and drywall. Contractor
will be responsible for returning the moisture levels by any reasonable means. Rain, as a natural act, will
not constitute any additional expenses, fines or penalties on the part of the Contractor over and above
the cost of maintaining the moisture levels.
Client Initial______
Page 7 Date______
11. Pre- Existing Condition Clause
Contractor is not responsible for any damage that is a result of a pre-existing condition. All materials and
structures present before construction are not the responsibility of the Contractor in integrity or
compatibility with new materials and structures to the extent such pre-existing conditions were not known
to Contractor and could not have been reasonably discovered by Contractor prior to performing the, and
are not contained in, the SOW. Such things may include, but are not limited to: Concrete cracks due to
materials staging or vehicle parking, damage to existing plumbing and electrical caused by new systems
wearing out the old, stress damage to old drywall, etc. In addition, Contractor shall not be responsible for
any pre-existing hazardous materials and Client shall indemnify and hold Contractor harmless from and
against any claims, liability and damages arising out of or in connection with any pre-existing hazardous
materials. Pre-existing hazardous materials shall be those existing at the Project site prior to
Contractor’s commencing work at the site. Moreover, Contractor shall not be responsible for any
subsurface or otherwise concealed physical conditions and shall be entitled to a change order adjusting
the cost and time for performance relating to same.
13.3 If Contractor wishes to terminate the Contract due to Client’s failure to make timely payment when due
for work performed, the Client shall have 7 days to cure such failure to pay following Contractor’s written
notice specifying such failure.
13.4 The Client may terminate the Contract if the Contractor: 1) refuses or fails to supply properly skilled
workers or the proper materials; 2) fails to make proper or timely payment to subcontractors for materials
or labor; 3) disregards applicable laws, statutes, ordinances, codes, rules or regulations, or lawful orders
of a public authority. When any of the foregoing reasons exists, the Client may without prejudice to any
other rights or remedies of the Client, may terminate the employment of the Contractor afer its failure to
13.5 Costs of Litigation. In the event any action is brought to enforce this Contract, the substantially
prevailing party will be entitled to recover its costs of enforcement including, without limitation, reasonable
attorneys' fees and court costs, and damages in the form of lost wages or other expenses incurred as
proved with justifiable evidence (Receipts, Time Journals, etc.)
Client Initial______
Page 8 Date______
13.8 Force Majure. Neither party will be responsible for delays or failure of performance resulting from acts
beyond the reasonable control of such party. Such acts will include, but not be limited to, acts of God,
strikes, walkouts, riots, acts of war, epidemics, power failure(s), earthquakes, or any other natural
disaster.
13.9 Entire Agreement. This document, the Intent to Work Agreement, SOW(s), Approved Drawings and
Change Orders, constitutes the Entire Contract between the Contractor and the Client concerning this
project, and replaces all previous or contemporaneous communications, representations,
understandings, and agreements, whether verbal or written between the parties to this contract or their
representatives. No representations or statements of any kind made by either party, which are not
expressly stated in the Entire Contract, will be binding on such parties.
14.0 Survey, Permits, Taxes, and Regulations. The Client shall provide and pay for an adequate survey and
plot plan of the property if required by Contractor. The Contractor shall obtain, on behalf of the Client, all
permits and approvals necessary to commence and complete construction. The Client shall reimburse
the Contractor for any fees, permit fees, special taxes, and/or assessments assumed by the Contractor
for working in the Client’s municipality or jurisdiction.
15.2 The Client understands that the SOW(s), Approved Drawings and Change Order(s) are the best
representation of the Work Product. However, the Client also understands that the final Work Product
may vary in: methods of attachment, dimensions within a tolerance of +or- 1 inch, connection details
and/or specific finish details, from these plans. Any variation of the final Work Product from the SOW(s),
Approved Drawings and Change Order(s), that is substantial or beyond industry standards, will be
brought to the attention of the client prior to final installation. Any changes to the SOW(s), Approved
Drawings or Change Order(s), will require a signed Change Order.
15.3 All workmanship shall conform to the guidelines found in the publication Residential Construction
Performance Guidelines for Professional Builders and Remodeler's, National Association of Home
Builders, 2005 . If an item is not covered in that publication, standard industry practice shall govern. All
local, County, and State Codes shall have precedent over any publication on standards of installation or
quality.
15.4 Contractor will, at Client’s expense, provide Client with a copy of this booklet upon request or Client
may purchase one at www.buildersbooks.com
15.5 Client is responsible for removal of any landscaping that is required for the setting up of scaffolding and
the framing and finish of this project. Although all possible care will be taken not to damage any existing
landscaping or plants Contractor shall not be responsible for such damage.
15.6 The Contractor shall be solely responsible for constructing or performing the work in accordance with the
SOW(s), Approved Drawings and Change Order(s). Any deviations from the SOW(s), Approved
Drawings and Change Order(s) that was not approved with the Contractor prior to commencement will
require Change Orders described in Section 5.
15.7 Any deviations from the SOW(s), Approved Drawings and Change Order(s) arising from Client error will
be corrected at the expense of the Client and require a signed Change Order.
15.8 Any deviations from the SOW(s), Approved Drawings and Change Order(s) arising from Contractor error
will be corrected at the expense of the Contractor and require a signed Change Order.
Client Initial______
Page 9 Date______
16.0 Client Provided Materials Clause. Contractor is not responsible for any job outcomes or charges due to
Client provided materials. This can include but is not limited to changes in layout, color, design, etc that
result in an unfavorable outcome or additional job charges. The Client accepts full responsibility for any
results or final costs that Client’s materials may produce.
17. Insurance
Contractor will maintain typical general liability, vehicle, and workers compensation insurance to perform
work at the project address. Standard coverage includes insurance (including ongoing and completed
operations coverage) in amounts of not less than $1,000,000 occurrence / $2,000,000 aggregate. The
Client recognizes the need that for their own protection of their proprty they need to notify their insurance
carrier of the work to be completed and to increase all policies to include the size and value of the work
that is to be completed in amounts required by Oregon law. Contractor shall maintain its general liability
coverages through the duration of the applicable period of repose.
18. Licensing
Contractor represents and warrants that it is properly licensed and endorsed for the work described in the
SOW and will maintain such licensure and any necessary endorsements throughout the course of its
work and any warranty or correction work at the site. Contractor shall cure any licensing laps immediately
upon discovery.
19. Mold
Whether or not you as a Client experience mold growth depends largely on how you manage and
maintain your home. The Contractor’s responsibility is limited to things we can control. As explained in
our written warranty in the above section, we will repair or replace defects in our work for a period of one
year from Full Completion. Contractor will not be responsible for any damages caused by mold that may
be associated with defects in construction or design to include but not be limited to property damage,
personal injury, loss of income, emotional distress, death, loss of use, loss of value, and adverse health
effects or any other effects. To the extent not caused by Client’s failure to properly maintain the
project/home, Contractor will repair and/or replace only construction related elements in the event of
mold damage; sheetrock, flooring, structural members, etc.
20.1 Smoking will be done across the street or at the personal vehicle of the sub-contractor or employee.
20.3 There will be no illegal drugs or alcoholic beverages of any kind in or around the jobsite. No individual
shall perform work while under the influence of drugs (whether legal or illegal) or alcohol. Violation of this
will result in immediate dismissal of the offending employee or sub-contractor and may be grounds for
termination of the contract by the Client.
20.4 All utilities that are available at the site that may be needed for construction may be used by the
Contractor at the Client’s expense. In the event that a generator is needed for construction, the
Contractor will provide one until the set time that permanent utilities are available in the Client’s name.
Client Initial______
Page 10 Date______
20.5 The Contractor and Client waive the right to make claims against each other for consequential damages
arising out of or relating to this Agreement. Provided, however, this limitation shall not apply to limit
Client's claims for loss of use damages and repair costs arising from construction defects, to Owner
indemnity claims, or to any damages (consequential or not) covered under the terms of any insurance
policy.
Client Initial______
Page 11 Date______
CCB Notifications
Client Initial______
Page 12 Date______
CONTRACTOR: CCB#: 201773
CLIENT:
Steve Boender
(As signed by the Client Representative) (Date Signed on Final Page)
Signature Date
Client Initial______
Page 13 Date______
Client Initial______
Page 14 Date______
Job Site Address: 399 NW Brynwood Lane
Portland OR 97229
PROPERTY OWNER:
Steve Boender
(As signed by the Client Representative) (Date Signed on Final Page)
Signature Date
Client Initial______
Page 15 Date______
CONTRACTOR: CCB: 201773
Rupp Family Builders Inc.
(As signed by the Contractor Representative) (Date Signed on Final Page)
Contractor Signiture Date
PROPERTY OWNER:
Steve Boender
(As signed by the Client Representative) (Date Signed on Final Page)
Client Signiture Date
Client Initial______
Page 16 Date______
NOTICE OF RIGHT TO LIEN
(ORS 87.021)
Garage/Shop Addition
A lien may be claimed for all materials, equipment, labor, and services furnished after a date that
is eight days, not including Saturdays, Sundays, and holidays, as defined in ORS 187.010, before
this notice was mailed or given to you. Even if you or your mortgage lender has made full payment
to the contractor who ordered these materials or services, your property may still be subject to a
lien unless the supplier providing notice is paid.
THIS IS NOT A LIEN, it is notice sent or given to you for your protection in compliance with the construction lien
laws of the State of Oregon.
Client Initial______
Page 17 Date______
Client Initial______
Page 18 Date______
Scope of Work
Also See BuilderTrend For Electronic Copy
Client Initial______
Page 19 Date______
Change Order Contract
Client, without invalidating the Contract, may order changes in the Scope of Work of the Contract, consisting of
additions, deletions or other revisions, and the Contract Sum and Contract Time shall be adjusted accordingly, in
writing. The Client and Contractor shall acknowledge and agree on the terms and conditions of each Change
Order in BuilderTrend prior to the changed work commencing.
Potential Change Orders. The parties may utilize Potential Change Orders prepared by the Contractor
and signed by the Client and Contractor to expedite and facilitate performance of a change in the Scope
of Work within the general scope of the Contract, consisting of additions, deletions, or other revisions,
prior to incorporation into a Change Order. The following requirements apply to Potential Change Orders:
1.0 Client-Initiated Change Order Request. From time to time during the course of the work,
Client may request that the Contractor prepare a Potential Change Order for changes in the
Work. In such cases, Contractor shall provide Client and Consultant with a written Potential
Change Order within seven (7) days of Client's request (and in any case prior to Contractor
performing any such work or incurring any costs with respect to such changed work).
2.0 Contractor-Initiated Potential Change Order. Contractor further has an ongoing obligation
to monitor the Scope of Work and conditions of the project, and anticipate potential changes in
the Scope of Work. In such case, and to the extent Contractor reasonably believes a change in
the Work is warranted, Contractor shall prepare a written Potential Change Order within seven (7)
days of discovering the conditions giving rise to the change (and in any case prior to Contractor
performing any such work or incurring any costs with respect to such changed work).
3.0 Whether initiated by Client or initiated by Contractor, Contractor’s Potential Change Order
shall include detailed SOW changes, pricing or credits, and include proposed additions or
reductions to the Contract Time, in sufficient detail to allow Client (and any consultants) to fully
evaluate the potential costs and potential impact on the project and schedule.
4.0 In all cases, fully executed Potential Change Orders must be incorporated into a fully
executed Change Order to be included in Contractor's application for payment. Unless otherwise
approved by Client in the Change Order, fully executed Change Orders shall be billed according
to the progress of the specified work and will not be paid in advance.
5.0 Client and Contractor shall promptly process and execute Change Orders, provided a proper
Potential Change Order or Change Order Request has first been made in compliance with the
Contract Documents and approved by Client and Contractor.
Every Change Order may include multiple changes covered by the same change order fee
Client Initial______
Page 20 Date______
Time and materials rates are as follows:
O All labor, field and administrative: $95.00 per carpentry man hour
O All material costs
O All service costs. In house Plumbing rate of $125.00 an hour,
In house Electrician rate of $125.00 an hour
O All applicable engineering and jurisdictional fee’s that apply
Client and Contractor agree to the Change Order Contract which is incorporated in and made part of the
Contract documents for the project
(As signed by the Client Representative) (Date Signed on Final Page) Dawn Thornburg
Client Signature Date Print Name
(As signed by the Client Representative) (Date Signed on Final Page) Robert Dolson
Contractor Representative Signature Date Print Name
In witness of this, the parties in this Agreement, by their respective dually authorized
officers or representatives, have each executed this Agreement, effective as of the date
signed below. This packet represents the entire agreement and supersedes all other
conversations, notes, or claims.
This Proposal may be withdrawn by the Contractor if not accepted within 15 days.
CONTRACTOR:
DOLSON CONSTRUCTION
[X Date:
(Contractor Representative)
CLIENT:
DAWN THORNBURG
[X Date:
(Client Representative)
Client Initial______
Page 21 Date______