Warranties and Additional Terms and Conditions.

All terms listed within this HIC can be referenced in Webster’s dictionary. For specific terms listed herein, please reference all terms and definitions listed below for clarification.

• 1. Raw materials: refers to any disposable material used or necessary to properly install finished material. Such material includes nails, drywall, drywall mud, tape, caulking, mortar, thinset, saws and blades, rags, cleaning materials, etc.
• 2. Finished Material refers to the “final product Installed”. Such products include examples like faucets, tile, cabinetry, windows, etc.
• 3. Finish Trim: refers to plumbing fixtures and light fixtures such as wall sconces, chandeliers, and other non-recessed lights
• 4. The “Controller”: refers to the operating project manager representing the Client.
• 5. Custom Items: Anything that is not considered standard “in store pick up” order/purchasable item. Online items may not count. Only items which require fabrication or need to be cut or require a color that does not come standard with the purchase of an item are considered “Custom Items”

Much like a car, your home and the items being installed need maintenance. Products installed will only last longer if you treat them with proper care. If you would like an annual maintenance agreement or pricing to determine what the cost would be to maintain the look of what is being installed, please let us know.

BY SIGNING THIS CONTRACT, YOU AGREE TO NOT DISCUSS ANY CHANGES WITH ANY WORKERS OR SUB-CONTRACTORS ON THE JOBSITE. IF YOU DO, YOU WILL BE RESPONSIBLE FOR ALL DAMAGES, MISCOMMUNICATION NOTED AND COSTS RELATED TO CHANGES MADE. ALL COMMUNICATION MUST BE THROUGH YOUR DESIGNATED PROJECT COORDINATOR USING BUILDER TREND. ALL CHANGES TO THE CONTRACT MUST BE IN WRITING OR THEY ARE NOT TO BE PERFORMED. SHOULD A DESIGN QUESTION ARISE, YOU MUST REACH OUT TO YOUR DESIGN CONSULTANT. If YOU discuss a change order with a subcontractor or worker on the jobsite without speaking with or agreeing to the changes and price in writing with a signed change order, you will be fully responsible for the cost of that change, any legal fees related to that change (if applicable), and an invoice will be sent to the Client and is enforceable as work performed on the jobsite and payment for the change order will be due in full upon receipt of the invoice or change order.

It is anticipated that each change order may cause several weeks of delay in the schedule due to various possibilities. By signing change orders, Client acknowledgea that you are aware EDR may not finish the job (on time) and there is no guarantee on an exact completion date for their project. By ordering custom items or changing items not listed in the HIC or construction plans, You the Client are acknowledging that ED&R has no control over third party vendors and their abilities to ship items out on time or undamaged.

Stones, concrete, hand painted tile or material, ceramics, porcelain, quartz and related products are natural substances formed within the Earth, and vary in texture, color, thickness, density and durability. Each has its own capabilities for a particular use or purpose. Since these products may chip, peel, flake, bleed, oxidize or otherwise deteriorate over time, all these attributes should be considered when using these products, especially in any interior/exterior application subject to moisture.

By signing this agreement, you the Client acknowledge that these products will vary in color since each may have been quarried in a different place or made from a different die-lot so the consistency of the minerals and colors will vary based on where each was made or quarried.

You also acknowledge that EDR and any of its fabricators, vendors or suppliers have no control over your (the CLIENT) selection or use of any of these products, and that exposure to preservative measures used by you may affect the long-term performance and durability of any of these products.

You also accept the risks inherent in the use and installation of these products (summarized below) and waive any and all claims that may arise against EDR Designs and Remodeling, their fabricators, vendors and suppliers arising from the installation of these products as such claims relate to conditions described in this section of the HIC.

INHERENT VARIATIONS MAY EXIST IN THE FOLLOWING: Color, Shading, Finish, Hardness, Thickness, Density, Strength/resistance, slip resistance, Porosity, Ability to withstand staining.

EDR values- your feedback. If custom work is part of the scope and you feel uncertain as to how the product will look, please discuss this with us prior to us commencing with custom work. This means anything being hand or machine made, which is not a standard item purchased as the store, may not result in the exact finish you are expecting. Distressed items, epoxy resin, non-printed and artisan work, can vary in consistency. The look that was shown to you will not be the same as what you get. In the event you are unsatisfied with the outcome of the product delivered, EDR will do our best to (within reason) remedy the concerns you have. If the amount of work to re-do the product becomes excessive, EDR will be required to charge additional fees for work performed and the balance for the original work performed will be due prior to commencing. It is important to remember that if you are not certain as to what something is going to look like, please send us an email prior to production. All custom orders have a minimum lead time of 3-6 weeks and due to COVID-19, may have an additional lead time beyond that.

When EDR notifies the Client that items on the project under the HIC are completed and an invoice is sent out, Client shall provide a “punch list” of items Client feels need to be remedied within three (3) days. Once EDR has completed the punch list items, Client accepts that the bill will be due immediately. If punch list items are not provided within three (3) calendar days, and Client finds defective work, EDR is still obligated to remedy such work within the California CSLB warrantied timeframe as noted. If a product installed is defective due to manufactures fault, payment is still due and EDR may elect to bill for re-work if a new product requires installation.

Client shall provide, prior to commencement of work under this HIC, an “all-risk” form policy of insurance, including course of construction, vandalism, and malicious-mischief coverage with risks excluded as provided in the policy. The insurance must be in a sum at least equal to the HIC price with loss payable to the owner. The insurance will name the EDR as additional insureds. In the event of substantial damage to the Project by fire, flood, earthquake, or other such risk, whether insured or not, the EDR shall be excused from further performance under this HIC, and will be paid the prorate value of the work performed within thirty-five (35) days after recording of a notice of cessation of work. If the damage to the work is insubstantial, EDR shall repair the damage and the HIC Price will be increased by a reasonable value of the repairs. If damage to the work is substantial, Client will process their claims with their insurance carrier and Client, and EDR will negotiate in good faith for a change order that will make appropriate adjustments to the HIC price and the schedule for performance. If parties are unable to agree to the terms of a Change Order, then EDR will not be obligated to continue performance of the work.

It’s important that you do your research on the health concerns related to “Asbestos”. If there is any interior demolition that is being done in your home, you are required by law and the city in which you live in, to have asbestos testing done on the areas being demolished. This notice is to inform you, that you are responsible for the cost of Asbestos testing which is done by a third-party company. a separate fee is issued for testing and if greater than 1% asbestos is found in the area being demolished, EDR are required to follow state and city guidelines. This means the cost to properly abate Asbestos will automatically increase the cost of your project. By signing below, you acknowledge and accept that EDR will charge an additional rate of up to $6.50 per SF of the room in which demolition is occurring to properly abate asbestos in accordance to state and city disposal and recycling guidelines.

In other words, if the wall is 10ft long by 8ft tall, and the room is 10×10 (which is 100 sf), the additional cost to abate the asbestos on top of the previous demolition price would be up to $650, plus the third parties fees to produce the report and test the areas being demolished.

EDR shall have the right to stop work if any payment is not made to the EDR when due. Reference Payment Schedule /payments being made timely. EDR may keep the job idle until all payments due are received. if EDR is being told to perform illegal or unethical requests EDR may elect to stop the project. If Client is overly hostile or abusive to EDR, it’s employees or subcontractors, EDR may elect to request mediation or stop the project. If project is halted for non-payment or conflict, the timeline of the project will be extended automatically as needed by EDR and Client accepts the delay may extend the project completion date. As a building EDR, EDR is heavily regulated by the State of California. If EDR is told to perform illegal or unethical requests, EDR may elect to stop the project.

During repairs or tear off of existing roofing projects, there may be additional damage that is uncovered when removing the existing layer of a roof. Pre-existing damage would be considered unforeseen and EDR may need to stop the job and notify the Client in the event there is an increase in cost to the job. EDR is not liable for any debris collecting in the attic. If there are additional costs associated with cleaning out your attic, from debris falling down during the repair or removal of any existing roof, EDR will assess the cost of this and if Client wishes for abatement, a change order will be drafted to clean out the attic. During the tear off phase, EDR ask that you keep all doors and windows closed and keep your HVAC system turned off to prevent dust from collecting inside the home. EDR cannot guarantee wood grain, texture or paint color will match the existing in the event EDR need make repairs.

In this section, you will find the allowances allocated for several categories. Unless otherwise stated, in the HIC, the pricing listed below contains your budget for items per scope of work listed therein.

New Construction Includes (this paragraph only applies to ground up non-HIC agreements): There is a minimum charge of $42,000 for new construction. Pricing is for labor and rough material to build the new structure and attach to the existing home, demolition, site cleanup, haul off, Porta John, scaffolding and fencing as needed. Includes standard EDR Grade Finish Material. Budget for finish material is $150 per door, $45 per door handle and hardware, does not include the cost of utilities, city fees, plans, permits, vaulting existing ceilings, building ceilings over 9′ in height, stairs, multi-story structures, custom doors, major foundation work. Feature walls, Kitchen areas, Bathroom areas, Closets areas, Pocket Doors, Laundry rooms, Fireplaces, LED Strip Lighting, Free standing bathtubs, water closets, upgraded electrical, Low Voltage and dual vanities, will be priced at an additional rate. Please review you HIC carefully to see what budgets are allocated for Kitchens, Bathrooms, Closets and Laundry room materials

Standard Kitchen Remodel Includes: Demolition, Clean-up and Haul off. 6″ countertop backsplash or tile installed. Tile material budget is within $1,200 budget. New plumbing hook ups with a faucet budget up to $350. New garbage disposal within $200 budget will be provided by EDR.  Sink budget is up to $450. Electrical outlets and switches will be updated. Drywall and paint repairs as needed. New EDR grade recessed lighting to be installed and provided by EDR. Granite, Concrete, or Quartz countertops are included in budget within a $1,000 cost per slab. Wall sconces and appliances are not included in this price, nor is delivery or labor to install. Standard solid core non-custom or pre-manufacture grade cabinetry is included in pricing with soft close hardware (unless otherwise stated). Installation for mechanical items that require duct work or ventilation is included in this cost. Budget for knobs and pulls are up to $5 per item.  Any custom modifications to standard cabinetry or material needed will be charged at an additional $150 per SF. Pricing covers the cost of one 24″x24″ pantry. If additional pantry is needed, cost will be an additional $150 per SF of pantry area being added. Flooring, permits, and plan fees are excluded in this cost. Any costs associated with material outside this scope or cost listed above will be covered by Client and will be signed off on a change order if needed.

Custom Kitchen Remodel Includes: Demolition, Clean-up and Haul off.  6″ countertop backsplash or tile installed. Tile material budget is within $2,400 budget. New plumbing hook ups with a faucet budget up to $900. New garbage disposal within $200 budget will be provided by EDR.  Sink budget is up to $900. Electrical outlets and switches will be updated. Drywall and paint repairs as needed. New EDR grade recessed lighting to be installed and provided by EDR. Granite, Concrete, or Quartz countertops are included in budget within a $1,000 cost per slab. Wall sconces and appliances are not included in this price, nor is delivery or labor to install. Standard solid core material “Made to Order “will be used to build cabinetry and is included in pricing with soft close hardware (unless otherwise stated). Installation for mechanical items that require duct work or ventilation is included in this cost. Budget for knobs and pulls are up to $15 per item.  Any custom modifications to standard cabinetry drawers, shelving, hardware (examples would be hidden drawers, adding outlets, custom “Lazy Susan”, custom pantry or drawer pullouts), or material needed will be charged at an additional $200 per SF. Pricing covers the cost of one 24″x24” pantry. If additional pantry is needed, cost will be an additional $150 per SF of pantry area being added. Flooring, permits, and plan fees are excluded in this cost. Any costs associated with material outside this scope or cost listed above will be covered by Client and will be signed off on a change order if needed.

Standard Bathroom Remodel Includes:. Demolition, Clean-up and Haul off. Budget average for all tile is $7 a sf, shower glass with frameless hardware or similar thereto, Budget for toilet is $350, Rough plumbing is included, hot mop/waterproofing is included, floating walls to ensure they are level is included, shower niches and non-floating bench is included if Client desires, budget for vanity is $650 per LF  (for the entire vanity), Budget for fixtures is up to $150 each, Sink budget is up to $80, Labor to install tile on flooring is included. If flooring requires to be leveled, an additional charge of $75 per bag will be charged to level floors after EDR determined how many bags are needed. Any custom modifications to standard cabinetry drawers, shelving, hardware (examples would be hidden drawers, adding outlets, custom accessory drawers, custom pantry or drawer pullouts), or material needed will be charged at an additional $200 per SF Labor and material to repair drywall as needed, prime and paint is included. Labor and material to install recessed lighting is included (wall sconces to be provided by Client). Wall mounted bathtub or standing shower is included in pricing. Mirrors are to be supplied by Client.

Pricing for materials purchased is good for up to 30 days from the date of this signed HIC. Due to supply and demand, material availability is fluctuating on a weekly and in some cases bi-weekly basis. EDR cannot guarantee anything will be delivered on time nor can EDR guarantee that some product will ever be delivered, or the same price as listed in this HIC beyond 30 days from the signed HIC. If pricing changes, you agree to pay the difference in cost. This may result in a change order or an invoiced amount for the difference. EDR Designs and Remodeling will not be responsible for the difference in cost.

For the purposes of all warranties, the use of the words “Buyer” and “Client” hold the same meaning with relation to any work orders, purchase orders, HICs signed by the “Buyer” or “Client” listed therein. The words “EDR”, “EDR”, “EDR Designs and Remodeling” may be interchangeable and contain the same meaning as defined in your Purchase Order or EDR signed by both parties.

ELITE DESIGNS AND REMODELING CHOOSES TO HOLD THE HIGHEST WARRANTY STANDARDS IN THE INDUSTRY. WE OFFER A 25-YEAR STRUCTURAL WARRANTY ON OUR BUILDINGS, BBQS, BENCHES AND POOLS AND 10X THE INDUSTRY STANDARD ON REMODELS. PLEASE READ BELOW TO MAKE SURE YOU UNDERSTAND OR WARRANTIES AND THE VALUE WE BRING WHEN WORKING WITH US. WE OFFER AN EXTENDED WARRANTY OPTION FOR CLIENTS THAT WISH TO TRANSFER THE OWNERSHIP OF THEIR PRODUCT AS LISTED BELOW.

Pool Warranty – Limited 25-YEAR Structural Warranty
The EDR warrants that the pool shell will remain “structurally sound” for as long as the Buyer owns the pool. “Structurally Sound” is defined as “retaining water”. In the event of a failure in the structure, EDR will repair the structure to the point that it will again retain water. This warranty does not extend to or cover any other component of the swimming pool (i.e., Decking, Coping, Tile, Etc.), and is void if pool has been replastered by someone other than the original EDR. EDR does not warranty against damage to the pool shell caused by failure to maintain proper water levels, ground water rising above the lowest point of the pool, damage caused by surrounding landscaping or irrigation systems installed after the completion of the pool, earthquake, acts of God, or acts of others. Steel rebar rust migration is specifically excluded as part of this lifetime warranty.

POOL WARRANTY IS SUBJECT TO THE BUYER/CLIENT COMPLYING WITH THE FOLLOWING CONDITIONS:
The swimming pool shall always be kept full of water except for the purposes of repair or maintenance not to exceed five (5) days. The swimming pool shall be used in a normal and reasonable manner and shall be operated in accordance with all provided owner’s manuals.

Handcrafted EDR Concrete BBQs, Benches and Handmade Tiles – Limited 25 -YEAR Structural Warranty
The EDR warrants that the structural integrity of concrete BBQs (excluding appliances), Benches, Tiles, and Vanities, manufactured by EDR; will remain “structurally sound” for 25 years from the date of the purchased product, so long as it was installed by EDR. “Structurally Sound” is defined as “holding structural integrity to which industry standards would expect GFRC 3,500 PSI Concrete to reasonably withstand”. In the event of a failure in the structure or item purchased, EDR will repair the structure or item to the point that it will again perform at the expected industry standard of GFRC 3,500 PSI concrete. This warranty does not extend to, or cover any finishes on top of such items (custom painted finishes or unsealed surfaces), nor does it extend to cover fading or natural wear and tear. EDR does not warranty against damage to any product caused by failure to maintain the surface, negligence, chips caused by impacts from dropped items, earthquake, acts of God, or acts of others.

EDR ADUS – Limited 25-YEAR Structural Warranty
The EDR warrants that the structural integrity of “EDR ADUs” manufactured or installed by EDR; will remain “structurally sound” for as long as the Buyer owns the purchased product, so long as it was installed by EDR. “Structurally Sound” is defined as “holding structural integrity to which industry standards would expect from a newly built home in the jurisdiction the property was built on. The term of the EDR’s warranty will be for 25 years against termite damage and structural integrity. Industry standard is 10 years just for the frame and rough work (termite damage is exempt). The EDR will guarantee a minimum of 2*hour fire rating on the structure itself (windows and doors are exempt from this clause unless specifically upgraded to fire rated doors and windows).

EDR does not warranty any items or persons; animals or biodegradable materials will be safe from harm of any kind. If there is a fire, flood, earthquake or any other act of God, you must seek shelter. Do not stay in the structure to prevent harm or protect your life.

Bullet Proof Warranty: EDR is not advocating the release of ammunition into, directly at or around our buildings, nor are EDR claiming that it will save your life if you stand behind it while it’s being fired upon. Our structure has been ballistically tested by Oregon Ballistic Laboratories to withstand five (5) individual shots of 7.62x51mm 147gr. M80 Ball Copper Jacket (at 15 ft), and (5) individual shots of 7.62x51mm 147gr. M80 Ball Copper Jacket (at 15 ft), to receive a pass rating. EDR will not cover the loss or cause of any bodily harm, nor will promote negligence of a firearm. A bullet will can penetrate our structures under specific circumstances or greater strength than that listed above. In the event of a failure in the structure or item purchased, EDR will repair the structure or item to the point that it will again perform. This warranty does not extend to or cover any finishes on top of such items (custom painted finishes or unsealed surfaces), or protection of the foam insulation inside of the structure. EDR does not warranty against damage to any product caused by failure to maintain the surface, negligence, chips caused by impacts from dropped items, earthquake, acts of God, or acts of others.

New Construction EDR Panel Structures – 30-YEAR Structural Warranty
EDR warrants that the structural integrity of “Panel Systems” manufactured or installed by ED: Will remain “structurally sound” for as long as the Buyer owns the purchased product, so long as it was installed by EDR. “Structurally Sound” is defined as “holding structural integrity to which industry standards would expect from a newly built home in the jurisdiction the property was built on. The term of the EDR’s warranty will be for 25 years against termite damage and structural integrity. Industry standard is 10 years just for the frame and rough work (termite damage is exempt). The EDR will guarantee a minimum of 2*hour fire rating on the structure itself (windows and doors are exempt from this clause unless specifically upgraded to fire rated doors and windows).

EDR do not warranty any items or persons; animals or biodegradable materials will be safe from harm of any kind. If there is a fire, flood, earthquake or any other act of God, you must seek shelter. Do not stay in the structure to prevent harm or protect your life.

Bullet Proof Warranty: EDR are not advocating the release of ammunition into, directly at or around our buildings, nor are EDR claiming that it will save your life if you stand behind it while it’s being fired upon. Our structure has been ballistically tested by Oregon Ballistic Laboratories to withstand five (5) individual shots of 7.62x51mm 147gr. M80 Ball Copper Jacket (at 15 ft), and (5) individual shots of 7.62x51mm 147gr. M80 Ball Copper Jacket (at 15 ft), to receive a pass rating. EDR will not cover the loss or cause of any bodily harm, nor will promote negligence of a firearm. A bullet will can penetrate our structures under specific circumstances or greater strength than that listed above. In the event of a failure in the structure or item purchased, EDR will repair the structure or item to the point that it will again perform. This warranty does not extend to or cover any finishes on top of such items (custom painted finishes or unsealed surfaces), or protection of the foam insulation inside of the structure. EDR does not warranty against damage to any product caused by failure to maintain the surface, negligence, chips caused by impacts from dropped items, earthquake, acts of God, or acts of others.

New Construction (industry standard stick or steal framed buildings) – Limited Lifetime Structural Warranty EDR offers a 15-year warranty on a new construction building that is comparable to the industry standard in California standard of 10-year warranty. This applies to rough construction only. Finishes, appliances, third party material and fixtures are exemption from this warranty. All acts of God or damages caused by negligence / neglect will void this warranty.

Remodel Construction – 10 years (1 year on fixtures)
EDR offers a 10-year warranty on a new construction building that is comparable to the industry standard in California standard of 1 year warranty. This applies to rough construction only. Finishes, appliances, third party material and fixtures are exempt from this warranty. All acts of God or damages caused by negligence / neglect will void this warranty.

Extended AND Transferable Warranties – EDR offers extended and transferable warranties to the buyer or holder of the property for $2,000 per year once an inspection and signed off has been completed by an EDR certified representative. If any repairs are required prior to signing off the transfer of warranty, EDR will provide a cost for such repairs to be done by EDR and will be required to be completed by EDR prior to transfer or extension of warranty to be signed off.

All Finishes and Fixtures – 1 year on labor
All finishes and fixtures are warranted for 1 year on labor. If a product fails to perform as the manufacturer recommends, EDR is not required to replace or repair, and Client is aware that EDR reserves the right to bill for Labor required to remove and replace such item.

Cleaning Methods for ALL PRODUCTS INSTALLED – a mild detergent or water and rag are recommended unless otherwise specified in the manufacturer’s instructions. If degreasers harsh cleaners are used, EDR cannot guarantee any finishes on a product. Please refer to manufactures recommendations prior to cleaning third party products not manufactured by ERD.

Sealing Products – 1 year. EDR recommends sealing all exterior products every two years and will not warranty product from yellowing or fading if a sealer is used. To prevent yellowing, EDR recommend a “polyaspartic” sealer instead of a “Polyurethane” sealer. Applying various sealers or finishes can cause a different result in the look of the product installed. EDR cannot guarantee that you will like the finish result. A sample of the sealer is recommended to be applied for you to approve. Typically, sealers should last around 2-5 years (or as claimed by manufacturer), but this is based on various weather conditions and for this reason, EDR cannot blanket any warranties for more than 1 year. EDR recommends refinishing exterior sealers every 2 years and interior finishes every 5 years unless exposed to direct sunlight for more than 6 hours per day.

If at any point you the Client elect to have a product installed in a manner that goes against a manufacturer’s warranty, suggested guidelines, this may affect our ability or the manufacture’s ability to supply a warranty to the product. An example would be if EDR recommends leveling the floors prior to installing flooring, and you the Client do not wish to pay the additional cost to level the floors, this may cause the product to, bow, crack, or fail over time due to install on an uneven surface.

You may be required to sign a notice that states you do not want to proceed with the manufacturers’ installation recommendations and are going against our recommended suggestions. In any case EDR cannot be held liable for knowing what the entire scope of work is on a job until the surface of the project is lifted any inspected regardless of the terms herein.

Limited Warranties – EDR warrants its work to be free from defects in material and workmanship for a period of one year from the date the interior finish is installed.

In the event EDR installs walkways and decking, said walkways and decking are not warranted against cracking, chipping, raising, settling, or discolorations. Plaster is not warranted against discoloration, staining, chipping, or cracking since such plaster defects generally result from local water conditions, improper use of chemicals, or improper cleaning.

Client shall notify EDR in writing, of any alleged defects or breach of the above warranty within a reasonable time after discovery, in no event later than 10 days after discovery; such notice shall be sent to EDR at its place of business set forth on the other side of this HIC.

The above warranties are effective only if Client has complied with all terms and conditions, payments and other provisions of the HIC. The warranties become void if: by reason of any earth or fill ground movement, acts of God, war, riots or other civil disturbances, acts of others; or if there was a transfer or change of ownership of the real property on which the “Home Improvement” project is located.

Defects or failures resulting from mistreatment or neglect by “Client” will be repaired or serviced at the Client’s expense. If Client has work performed by others that is not provided for in this HIC, such as, but not limited to, electrical panel changes, landscaping, erection of fences and retaining walls, EDR does not warrant such work, and EDR shall not be held liable for such work or for loss or damages which may result there from, or for delays to EDR caused by such work.

The sole and exclusive remedy of the Client and the obligation of EDR for the matters set forth herein whether on warranty, HIC, negligence or strict liability, is the repair of the defect. EDR shall in no event be liable for special or consequential damages.

It is important to note that EDR may elect to stop work completely until payment is received for work performed if an invoice has been submitted for work performed and has not been paid within 3 business days from receipt of the invoice. Client payment amounts and dates are set forth in the Schedule of Payments (Addendum “B). This will cause a delay on the job and will extend the duration of the time needed to complete the job by a minimum of 3 additional days before a late payment is processed.

It is important to note that EDR may elect to stop work completely until payment is received for work performed if an invoice has been submitted for work performed and has not been paid within 3 business days from receipt of the invoice. Client payment amounts and dates are set forth in the Schedule of Payments (Addendum “B). This will cause a delay on the job and will extend the duration of the time needed to complete the job by a minimum of 3 additional days before a late payment is processed.

• l. NSF or Canceled Check Fees: $300.
• 2. Late Fees: Payments made after 10 business days from date of invoice $300.
• 3. Administrative Fees: If Client begins to request the same documents which EDR provided more than times, EDR will bill an hourly rate of $175 per hour.
• 4. Lien Related Fees: In the event EDR files a lien on your property for non-payment, you will be responsible for all related legal and attorneys’ fees. EDR will charge a $500 fee to file the lien or any pre-lien notice and 10% interest accrued monthly on the principal balance owed.
• 5. Stop Work Notice Fee:  If EDR is required to send out a “Stop Work Notice” due to non-payment, EDR will charge $250 for recording, mailing, and posting the document on the property.
• 6. Additional Samples on “Custom Items”: When working with custom items, EDR allows up to two samples made per customer request, up to three if the samples invoice paint or staining a product. Wall paint samples are to be provided by Client if the colors chosen at the beginning of the job are not the color the Client wishes to proceed with. The cost of each sample is broken down below:

• A. Wood samples/steps/trim/molding or casing of any kinds $350 for each sample beyond two;
• B. Paint or staining wood/metal $350 for each sample beyond two; and
• C. Metal Fabrication samples $350 for all samples.

EDR is not responsible for damage to improvements and appurtenances located in or reasonably adjacent to the access routes or the pool sites, including but not limited to such items as curbs, sidewalks, driveways, patios, lawns, shrubs, and sprinkler systems. EDR is not responsible for damages caused by ground compaction by excavation equipment.

All dimensions are approximate with reasonable tolerance either way. The parties agree that EDR shall have substantially completed performance in a good and workmanlike manner in all final surface dimensions are within 5% of the specified surface dimensions, and all final vertical dimensions are within 5% of the specified vertical dimensions. Client and EDR agree that It Is difficult and Impractical to compute the actual damages in the event of a deviation In dimensions.

If Client authorizes access to adjacent properties for EDR’s use during construction, Client is required to obtain permission from the owner(s) of adjacent properties for such use, and Client agrees to be responsible and to hold EDR harmless from any risks thereof. 
Client is required at their expense to do all construction and other acts necessary, and to meet all conditions necessary to allow EDR to complete the work as provided in this HIC.
Unless otherwise specifically provided in the plans and specifications of this HIC, EDR has entered into this HIC based upon the following assumptions of facts:

1. That Client will provide adequate access to Client’s own property or through adjacent property for Client’s normal construction equipment to do the work, at no cost and with no liability to EDR.

2. That there are no rock formations, hard pan conditions, boulders, cesspools, septic tanks, gas lines, water pipes, sewer pipes, drainpipes, irrigation pipes, underground electrical conduit, or other underground obstructions, which would require blasting, jack-hammer work, larger than normal excavation equipment or which would otherwise require work and give rise to costs in excess of what would normally be required. Normal excavation time is six (6) hours within pool site. If any of the foregoing assumptions of fact are not true, EDR may, at its option, terminate this HIC with no further liability to either Client or EDR, except that Client agrees to pay to EDR the actual cost of all labor, materials, equipment, and permits already furnished and required to restore the premises. It is understood, however, that the parties may, by mutual agreement in writing, amend this HIC to deal with such an event.

3. Damage to Work. In the event work already performed is damaged by any cause beyond EDR’s control and Client elects to cancel the work or the work is ordered terminated by public authority, EDR shall be paid for such work, the amount agreed to in writing for such work, or if not so agreed, the cost price for such labor and materials plus 30% of such price cost. If the work is not canceled or terminated, all work necessary to replace work already performed shall be considered additional work to be paid for by the Client in accordance with the preceding sentence. EDR may assign or sub-contract all or any portion of the work to be done.

Acknowledgment pursuant to Magnuson-Moss Federal Warranty Act: Client acknowledges that the sales representative for EDR Designs and Remodeling has orally Informed Client that he has copies In a binder of the warranties for the warranted products being offered for sale. Client also acknowledges that they have been given the opportunity to Inspect the warranties at any time during the sales presentation. “Each Client/Buyer acknowledge that: (1) Before signing this HIC they received and read a legible, completely filled-in copy of this HIC; (2) Upon signing, his copy was also signed by the parties hereto; (3) They received a copy of every other document he signed during the HIC negotiations, including the attached any drawing, prior to commencement of any work; (4) They have read all two pages herein and any attached plans and specifications and agrees to be bound by all the terms and conditions herein contained; (5) Client further acknowledges that they have read and received an attached duplicate notice of cancellation, and had been told verbally of their right to cancel this HIC.

Client will locate and point out the property lines to EDR and will engage a licensed land surveyor to provide boundary stakes if Client is in doubt as to property boundaries. Client assumes all responsibility for the accuracy of the boundary markers. Client shall give copies of any restrictions, easements, or rights of way to EDR before work is commenced.

1.  Client agrees that the project shall be considered complete upon the installation of the finished products.  Any outstanding items shall be handled as “punch-list” items and will be resolved in a timely manner.  Client agrees to sign the Completion Certificate, if applicable upon material being installed.

2.  During construction, your backyard shall be considered a jobsite and anyone entering the backyard does so at their own risk and assumes all liability for doing so. The only exception to this is any EDR Designs and Remodeling representative which is covered under EDR Designs & Remodeling’s corporate worker’s compensation policy.

3.  Requests for modifications to this HIC or existing design must be confirmed in writing and will delay construction; associated costs must be paid immediately.

4.  Client is aware that they are responsible for watering their finished concrete 2-3 times a day for 7-10 days.

5.  Client is aware that it is their responsibility to be home for the inspections to allow the inspector to access their home.  Typically, the inspector will not provide a specific time for the inspection and as such, the Client may need to be home all day.  EDR realize this is an inconvenience, however, it is completely out of EDR’s control.  Your local permitting jurisdiction may also require smoke alarms, as well as carbon monoxide detectors.

6. Client is aware that they will receive, by certified mail, a Preliminary Lien Notice.  This is NOT a lien on the Client’s property.  The State of California requires this notice be filed in order to inform the Client of any parties that would potentially have the ability to place a lien in the event they were not paid.  You will receive Lien Release from any party that files a Preliminary Lien Notice.

7. EDR pricing assumes a cash discount. This is reflected in the price of this agreement.  This includes payments made by personal check, cashier’s check, cash or escrow financing.  EDR Designs and Remodeling accepts payments by both credit card, however, under such payment method, the cash discount will be forfeited. (EDR does not accept American Express.)

8. Client is familiar with the term “Rock/Water/Hard Pan” dig and understands that if their digs hits either rock or water or hard pan soil there will be an additional, minimum 4-hour, charge at the Excavator’s rate to complete the excavation.  There will also be an additional charge for any sand and/or gravel, if required, which must be installed to accommodate these conditions.  This will apply to any rock or water presence which prevents EDR Designs and Remodeling from completing the excavation in the time it would have taken had these conditions not existed.

9.  Client is responsible for any damage to existing underground utilities – this includes but is not limited to sprinkler lines, cable lines, water lines, electrical lines and drainage lines for the yard.  In some cases, EDR can repair these items for an additional fee if EDR requires.

10.  Concrete decking cannot be guaranteed for evenness of color and may not be the exact shade requested.  These items are not covered under warranty.

11.  As the ground moves and shifts, it will inevitably crack your concrete decking.  EDR will make every effort to ensure the sub-base is properly prepared and compacted, however, this will only help minimize cracking and not eliminate the cracks altogether.  Cracks are not considered a defect and thus not covered under warranty.

12. CONCRETE AGREEMENT: SHADE AND COLOR:
Concrete decks cannot be guaranteed against mottling or discoloring. Shade variations can and do occur and are not considered defects. Mottling, discoloring and shade variations are not covered by warranty.

Why is this? Concrete goes through a natural curing process. As it “cures”, many of the shade variations and uneven deck appearances tend to improve. However, not all concrete cures evenly. Concrete, a product with natural (not manufactured) ingredients, will inherently lack the degree of color and texture consistencies which are possible with man-made products in a tightly-controlled manufacturing process. Concrete will not “cure” (i.e., dry) evenly as paint will, resulting in shade variations in the surface color due to water entrapment during dehydration. Also, naturally occurring effervescence will be more visible on the surface of colored concrete. When color has been added, due to the uneven process by which concrete releases moisture during curing, color irregularities or “shading” (referred to as mottling) may develop, the degree of which is affected by numerous variables which cannot be effectively controlled. Soil moisture, humidity, temperature, and water-to-mix ratio, all of which change with the season, are a few of these variables. The use of curing agents, which may be necessary during various time of the year, may also effect the degree of shading that results. Additionally, deck projects greater than 10 cu. Yds. (~800 sq. ft.) will necessitate the use of several cement trucks, each with the color individually added, which may result in slight differences in the batch coloring. All color additives will fade and lighten in a relatively short period of time, making a perfect match with color “chips/samples” difficult at best. In fact, most earth-tone shades will appear with heavier gray tones when freshly poured due to the Portland cement matrix, lightening over time to a shade closer to that of the sample color you selected.

Can anything be done to improve the appearance of concrete that does not cure evenly? Yes. Concrete decks can be sealed or treated to improve such a condition, but this work is not part of our construction agreement. EDR Designs and Remodeling can apply a sealer to the deck at a cost of $4.75 per square foot.

13. HAIRLINE CRACKS:
Rigid concrete placed on a non-rigid base (the shifting earth) will indeed flex, resulting in the development of cracks. Although EDR will make every effort to prepare the sub base to minimize the possibility of cracking in the deck “hairline cracks are not considered a defect and are not part of your warranty”.

The process of pulling a permit involves creating a detail set of construction plans, ordering and obtaining the correct engineering specific to the design, possible soils reports, and submitting a permit application to the City or County in which the pool is to be built. All of these processes have to take place in a specific order, and all have different timelines of completion based on various circumstances. EDR will make every reasonable effort to complete these tasks as quickly as possible, however, they have no control over the City or County building departments with regards to the time that they take to issue the permit. Due to the recent Pandemic, as of March 1st, 2020, the permit process has notably taken longer. The process in most Jurisdictions has changed entirely. Not only has the pandemic limited the day-to-day operations of these building official offices, but the demand for permits has substantially increased causing an influx of additional work. Please be aware that EDR Designs and Remodeling does not have control of the permit issuance process. Additional delays in the permit process will impact the start date of construction. Once the permits have been issued, any changes to the plan may result in substantial delays with construction and possibly increased costs in construction which EDR may elect to charge for. Plan changes that require permit resubmittals may take weeks or months to have the permits changed to reflect the new plans. These changes will delay and substantially increase the length and or costs of construction. Plan changes and permit resubmittals will also add additional costs. The construction timeline starts the first day of site preparation and not the date of the HIC.