Terms & Conditions

Construction Contract

This Construction Contract (the “Contract” or “Agreement”) is made as of the date approved in the House call pro app (the “Effective Date”) by and between the owner of the approved party and Mission Home Solutions Inc.

By Accepting and Clicking the APPROVE or ACCEPT button you are verifying you are the owner and are agreeing to anything listed in this contract as listed under owner.

Mission Home Solutions Inc. desires to provide Construction services to the owner and the owner desires to obtain such services from Mission Home Solutions Inc.

By Clicking APPROVE on the estimate, you agree to these terms.

THEREFORE, in consideration of the mutual promises set forth below, the parties agree as follows:

1.   DESCRIPTION OF SERVICES. Beginning on TBD and no later than TBD, Mission Home Solutions Inc. will provide to the owner the following services (collectively, the “Services”):

Repair and Replacement of Damaged Roof

2.   SCOPE OF WORK.  Mission Home Solutions Inc. will provide all services, materials and labor for the repair and replacement of the roof described above at the property of the owner hereinafter referred to as (“Worksite”).

This includes building and construction materials, necessary labor and site security, and all required tools and machinery needed for completion of construction.

Mission Home Solutions Inc. is only responsible for furnishing any building improvements related to construction of the structure, but not related to landscaping, grading, walkways, painting, sewer or water systems, steps, driveways, patios and aprons, etc., unless they are specifically agreed to in writing.

3. PLANS, SPECIFICATIONS AND CONSTRUCTION DOCUMENTS. The owner will make available to Mission Home Solutions Inc. all plans, specifications, drawings, blueprints, and similar construction documents necessary for Mission Home Solutions Inc. to provide the Services described herein. Any such materials shall remain the property of The Owner, Mission Home Solutions Inc. will promptly return all such materials to The Owner upon completion of the Services.

4. COMPLIANCE WITH LAWS. Mission Home Solutions Inc. shall provide the Services in a workmanlike manner, and in compliance with all applicable federal, state and local laws and regulations, including, but not limited to all provisions of the Fair Labor Standards Act, the Americans with Disabilities Act, and the Federal Family and Medical Leave Act.

 5. WORK SITE. The owner warrants that the owner owns the property herein described and is authorized to enter into this contract.  Prior to the start of construction, The owner shall provide an easily accessible building site, which meets all zoning requirements for the structure, and in which the boundaries of the owner property will be clearly identified by stakes at all corners of the property. The owner shall maintain these stakes in proper position throughout construction.

6. MATERIALS AND/OR LABOR PROVIDED. Mission Home Solutions Inc. shall provide all materials and labor for the project.

7. PAYMENT.  Payment shall be made to Mission Home Solutions Inc.

In addition to any other right or remedy provided by law, if The Owner fails to pay for the Services when due, Mission Home Solutions Inc. has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Agreement and/or seek legal remedies in which the debtor will be charged for in addition to any unpaid balance.

8. OTHER PAYMENT PROVISIONS.  Change orders that increase labor time more than 5 days will be due 5 days after order has been submitted. Each change order has a fee of $250.

9. TERM.  Mission Home Solutions Inc. shall commence the work to be performed within 90 days (unless a specified date has been given) of deposit.

Upon completion of the project, The Owner agrees to sign a Notice of Completion within ten (10) days after the completion of the contract. If the project passes its final inspection and The Owner does not provide the Notice, Mission Home Solutions Inc. may sign the Notice of Completion on behalf of The Owner.

10. PERMITS. (When Required) The Owner shall obtain all necessary building permits. Mission Home Solutions Inc. shall apply for and obtain any other necessary permits and licenses required by the local municipal/county government to do the work; the cost thereof shall be included as part of the Payment to Mission Home Solutions Inc. under this Contract.

11. INSURANCE. Before work begins under this Contract, Mission Home Solutions Inc. shall furnish certificates of insurance upon request.

12. CONFIDENTIALITY. Mission Home Solutions Inc., and its employees, agents or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Mission Home Solutions Inc., or divulge, disclose, or communicate in any manner, any information that is proprietary to The Owner. Mission Home Solutions Inc. and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract.

Upon termination of this Contract, Mission Home Solutions Inc. will return to The Owner all records, notes, documentation and other items that were used, created, or controlled by Mission Home Solutions Inc. during the term of this Contract.

13. WARRANTY.  Mission Home Solutions Inc. shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Mission Home Solutions Inc.’s community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Mission Home Solutions Inc. on similar projects. Mission Home Solutions Inc. shall construct the structure in conformance with the plans, specifications, and any breakdown and binder receipt signed by Mission Home Solutions Inc. and The Owner.

14. FREE ACCESS TO WORKSITE.  The Owner will allow free access to work areas for workers and vehicles and will allow areas for the storage of materials and debris. Driveways will be kept clear for the movement of vehicles during work hours. Mission Home Solutions Inc. will make reasonable efforts to protect driveways, lawns, shrubs, and other vegetation. Mission Home Solutions Inc. also agrees to keep the Worksite clean and orderly and to remove all debris as needed during the hours of work in order to maintain work conditions which do not cause health or safety hazards.

15. UTILITIES. The Owner shall provide and maintain water and electrical service, connect permanent electrical service, gas service or oil service, whichever is applicable, and tanks and lines to the building constructed under this Agreement after and acceptable cover inspection has been completed, and prior to the installation of any inside wall cover. The Owner shall, at The Owner expense, connect sewage disposal and water lines to said building prior to the start of construction and at all times maintain sewage disposal and water lines during construction as applicable. The Owner shall permit Mission Home Solutions Inc. to use, at no cost, any electrical power and water use necessary to carry out and complete the work.

16. INSPECTION. The Owner shall have the right to inspect all work performed under this Contract. All defects and uncompleted items shall be reported immediately.

17. DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:

a. The failure of The Owner to make a required payment when due.

b.  The insolvency of either party or if either party shall, either voluntarily or involuntarily, become a debtor or seek protection under Title 11 of the United States Bankruptcy Code.

c. A lawsuit is brought on any claim, seizure, lien or levy for labor performed or materials used on or furnished to the project by either party, or there is a general assignment for the benefit of creditors, application or sale for or by any creditor or government agency brought against either party.

d.  The failure of The Owner to make the building site available or failure of Mission Home Solutions Inc. to deliver the Services in the time and manner provided for in this Agreement.

18. REMEDIES. In addition to any and all other rights a party may have available according to law of the State of Illinois, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving said notice shall have 5 days from the effective date of said notice to cure the default(s) or begin substantial completion if completion cannot be made in 5 days. Unless waived by a party providing notice, the failure to cure or begin curing the default(s) within such time period shall result in the automatic termination of this Contract.

19. FORCE MAJEURE. If performance of this Contract or any obligation thereunder is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, but not be limited to, acts of God, fire, explosion, vandalism, storm, casualty, illness, injury, general unavailability of materials or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or other labor disputes, or supplier failures.  The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

20. ENTIRE AGREEMENT. This Contract contains the entire Agreement of the parties, and there are no other promises or conditions in any other contract or agreement whether oral or written concerning the subject matter of this Agreement. Any amendments must be in writing and signed by each party. This Agreement supersedes any prior written or oral agreements between the parties.

21. SEVERABILITY. If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

22. AMENDMENT. This Agreement may be modified or amended in writing, if the writing is signed by each party.

23. GOVERNING LAW.  This Agreement shall be construed in accordance with, and governed by the laws of the State of Illinois, without regard to any choice of law provisions of Illinois or any other jurisdiction.

24. NOTICE.  Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.

25. WAIVER OF CONTRACTUAL RIGHT.  The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.

26. ASSIGNMENT.  Neither party may assign or transfer this Agreement without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.

27. SIGNATORIES.  This Agreement shall be signed by The Owner and by Mission Home Solutions Inc. and shall be effective as of the date first written above.

28. FAILURE TO PAY. The owner will be responsible for any fees incurred to collect any outstanding debt including but not limited to Lien filing costs and Legal fees to collect on said debt to this project plus interest of 5% per totaled owed per week late.

29. Estimate Approve Button. By clicking on the Approve Estimate button, the owner has agreed (as stated on the estimate) to all the above terms in this contract. It is the owners obligation to read said contract before clicking approve.

Owner:

By:   ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­________________________________________________________

             The Owner

Contractor:  Mission Home Solutions Inc.

By:______________________________________________________

             Brian Lamprecht and/or Doug Conner