Introductory Text
Thank you for choosing Crone Construction!   Please take a moment to look over the contract provided.   

Approximate lead time to start this job is currently: 2 - 4  Weeks 
Approximate completion time is currently: (Business days: Monday-Friday) Completion time is based on workable days.  Inclement weather may play a factor in actual completion time.  120 - 180 Days 

Payment schedule is as follows: 20% Down with 20% Payments as the project progresses. We accept checks and credit cards for payment however we do add 3% on for processing fees for cards. If paying by check we can stop by to pick up. 

Closing Text
Terms and Conditions (Rights and Responsibilities)
1.) Prior to commencement of work, Client shall provide a clear accessible work site, properly excavated and correctly zoned for the improvement to be constructed.   If requested by Contractor, Client shall furnish all necessary surveys and a legal description of the site.  Client shall notify Contractor of all easements and/or protective covenants that affect the work site. 
    (a) Client shall obtain and pay for all necessary approvals, easements, assessments and charges unless otherwise noted herein. 
    (b) Contractor may, at its discretion, engage subcontractors to perform work pursuant to the Contract.
    (c) Contractor may use signage to be displayed onsite for the duration of the work and any collection period thereafter.
    (d) Contractor will use Sherwin-Williams paint unless stated/agreed otherwise. Contractor is not responsible for variations in pain color due to color mixing if Contractor provides correct color name or color formula to Sherwin-Williams.  Contractor is not responsible for variations in paint sheen if Contractor provides correct sheen to Sherwin-Williams.  Client is responsible for providing Contractor with the correct color name and/or formula and correct sheen. 
    (e) Cleanup: At the completion of work, Contractor shall remove its tools, equipment, machinery and surplus material, and shall properly dispose of waste materials.  
2.) Time: Time is of the essence to the Contract. *If Contractor is delayed at any time in progress of the work, by changes ordered in the work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties, natural disasters, acts of God, or other causes beyond Contractor's control, time limits shall be subject to equitable adjustment.  Client agrees that any delay or extension of time may result in adjustment to the contract price for additional field overhead (including, but not limited to temporary utilities, storage or dumpster rental, insurance, etc.)
3.) Insurance: Client shall provide property insurance to cover the value of the Client's property, including any work provided under this agreement.  Contractor is entitled to receive an increase in the contract sum equal to the insurance proceeds related to a loss for damage to the work covered by the Client's property insurance. Unless specifically precluded by the Client's property insurance policy,  Client and Contractor waive all rights against each other and any of their subcontractors, suppliers, agents and employees, each of the other, for damages caused by fire or other causes of loss to the extent covered by property insurance or other acceptable insurance. 
4.) Title to Materials:  Title to materials to be furnished by Contractor shall be and remain in and with Contractor until all sums of money called for are fully paid.  If Client fails to make any payment as provided by the terms of the Contract, Contractor is authorized to enter the site and all premises thereon and take possession of and remove such material at any time after the default.  Any excess materials after final completion of work remain property of the Contractor. 
5.) Destruction of Work or Site: If the work or work site is destroyed or damaged for any reason, except where such destruction or damage was caused by the sole negligence of Contractor or its subcontractors, Client shall pay Contractor for any additional work done by Contractor in rebuilding or restoring the project to its condition prior to such destruction or damage.  If the estimated cost of replacing work already accomplished by Contractor exceeds 20% of the contract price, either Contractor or Client may terminate this contract.  Upon termination by either party, Contractor shall be excused from further performance under this contract and Client shall pay Contractor for work actually completed prior to the destruction or damage, including reasonable overhead and profit.  Notwithstanding the foregoing, such cancellation by Client may only be made if all payments required pursuant to the Contract are current. 
6.) Limitation of Liability: In the event of Contractor's failure to adequately perform the work and a resulting loss to Client, Contractor's liability shall be limited to correction or replacement costs.  In no event shall Contractor be liable for special, incidental or consequential damages regardless of the claim or the form of action or suit and regardless of whether any such resulting loss results from any aspect of the work, including but not limited to demolition, installation, and /or cleanup. 
7.) Changes to the Scope of Work: 
    (a) Client may order changes to the Scope of Work within the general scope of the Contract. 
    (b) Changes may be made in writing. Once Contractor has taken action pursuant to an agreed upon change, Client is estopped from denying that the change was agreed upon.
    (c) Changes to the scope of work will result in changes to the Contract Price.  If Client and Contractor cannot agree upon the change in the Contract Price to result from a change in the work, Client shall, at a minimum, pay Contractor its actual cost, plus reasonable overhead and profit.  
    (d) If concealed or unknown physical conditions are encountered at the site that differ materially from those covered by the Contract, or from those conditions ordinarily found to exist, Contractor may order changes to the scope of work and contract price as necessary to complete work covered in the Contract. 
    (e) No subcontractor, workman, or materialman has the authority to complete the work covered in the Contract. 
8.) Termination of the Contract by Contractor: If Client materially breaches the terms of the Contract, by failure to make payment in accordance with the payment terms or otherwise, or is Client's actions have made it unreasonably difficult for Contractor to perform the work, Contractor may, upon seven days' written notice to Client, terminate the Contract.  Contractor shall be entitled to recover from Client payment for work executed, including reasonable overhead and profit, and costs incurred by reason of such termination, including attorney's fees. 
9.) Termination of the Contract by Client: If Contractor materially breaches the terms of the Contract, Client may, upon seven days' written notice to Contractor, terminate the Contract.  Contractor shall be entitled to recover from Client payment for Work executed, including reasonable overhead and profit.  Client may thereafter finish the work by any method Client deems expedient.  If Client has paid Contractor in advance for work not completed, Contractor shall refund Client any money paid for work not completed.  For roofing work to be paid by insurance:  If insurance claim is denied, Client may cancel the Contract within three (3) days after the denial of the claim. 
10.) Client's Financing (when applicable):
    (a) Client shall promptly complete the necessary requirements to obtain financing and to prepare the site for work to begin.
    (b) Contractor may request confirmation from Client's lender that there is sufficient funding to cover the contract price.  Contractor may again request such confirmation when a change affecting the contract price is proposed, to ensure adequate funds are available to cover the change.  
11.) Payment Default: 
    (a) Interest, at the rate of 10%, shall accrue on balances that are thirty (30) days past due. 
    (b) Client shall be responsible for all costs of collection and/or lien enforcement, including attorney's fees, in the event that payment is not made in accordance with the payment terms. 
    (c) Client understands and agrees that a dispute as to any item or change does not excuse Client from payment according to the payment terms.  

WARRANTY
12.) Workmanship Defects: Contractor's warranty shall be limited to defects in workmanship within the scope of work performed by the Contractor and which arise and become known within one year from the date hereof.  Client must notify Contractor of the defects within 15 days after discovery of such defects.  All said defects arising after one year and defects in material are not warranted by the Contractor.  Contractor hereby assigns the Client all warranties on materials as provided by the manufacturer thereof.  
13.) Exclusions: Contractor does not assume responsibility for the following at any time during the work or warranty period:
    (a) damage due to ordinary wear and tear, or abusive use;
    (b) defects that are the result of characteristics common to the materials used;
    (c) loss of injury caused in any way by the elements;
    (d) conditions resulting from condensation on, expansion or contraction of materials;
    (e) paint over newly-textured interior walls; or
    (f) damage, including leaks caused by excessive wind greater than 55 MPH, ice or hail.
14.) Warranty Void: All warranties are null and void if Contractor is not paid in full in accordance with the Contract terms.  

GENERAL PROVISIONS
15.) Offer Period: This proposed Contract may be withdrawn by Contractor if it is not accepted by Client within 30 days.  
16.) Entire Agreement:  This contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations or agreements, either written or oral.  Any representations, statement or other communication now specifically written in this Contract or made in writing pursuant to the terms of the contract, are agreed to be invalid, may not be relied upon by either party and do not survive the execution of this contract.  
17.) No waiver: The failure of either party to the contract to insist upon the performance of any of the terms or conditions of the Contract, or the waiver or breach of any of the terms or conditions of the Contract, shall not be construed as subsequently waiving any such terms and/or conditions.  
18.) Severability:  The invalidity of any portion of this contract will not and shall not be deemed to affect the validity of any other provision.  If any provision of this agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expunction of the invalid provision. 
19.) "Writing" Defined: The term "in writing" as used herein includes any written form of communication, including but not limited to printed or handwritten text, e-mail communication or text message.  
20.) Indemnification: To the fullest extent permitted by law, Client shall indemnify and hold harmless Contractor and any agents, employees, or subcontractors of Contractor from and against claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the work, provided that such claim, loss, damage, or expense is attributable to bodily injury, sickness, disease, or death, or to injury or destruction of tangible property (other than the work itself), but only to the extent caused by the negligent acts or omissions of Client or any apparent agent or employee of Client, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. 

REQUIRED NOTICE TO OWNER:
Contractor hereby gives notice to the owner of the property to be improved that Contractor is about to begin improving the property according to the terms and conditions of the Contract.  In accordance with the provisions of Tennessee state law. (T.C.A 66-11-101 through 66-11-141)
(1) There shall be a lien upon the real property and building for the improvements made in favor of the contractor, mechanic, laborer, or machinist who does the work or furnishes the materials for such improvements, effective as of the visible commencement of the improvements, whether or not the Contractor records said lien with the Recorder of Deeds. 
(2) Except as modified by 66-11-146, every person contracted with or employed by Contractor to work on the improvements or to furnish materials for same shall have a lien on the property for that person's work or material; provided that such person notify the owner in writing within ninety (90) days after the final completion of the improvement.  Except as modified in 66-11-146, these liens can be enforced even though Contractor has been paid in full if Contractor has not paid the persons who furnished the labor or materials for the improvement.