Terms and Conditions
Terms and Conditions covering work proposals and contracts between Spartan Contracting LLC (“Contractor”) and Client(s).
Contract.
A client signed estimate along with required down payment is deemed a contract between the Client and the Contractor.
Any and all information necessary to complete the job must be provided to the Contractor in a timely fashion.
The Client must be the owner on title of the property.
An estimate is an approximate price that may change. An estimate is not a fixed price quotation.
No project timeline is inferred unless expressly stated by Contractor.
A project can only be changed by an agreement in writing signed by both the Client and the Contractor. No variations, alterations, deviations, deletions or extra work can be made unless both the Client and the Contractor specifically agree in writing.
Contractor status.
Contractor is an independent contractor, and neither Contractor nor Contractor's employees or contract personnel are, or shall be deemed, Client's employees. In its capacity as an independent contractor, Contractor agrees and represents, and Client agrees, as follows:
- Contractor has the right to perform services for others during the term of any project.
- Contractor has the sole right to control and direct the means, manner, and method by which the services required by a project will be performed. Contractor shall select the routes taken, starting and quitting times, days of work, and order the work is performed.
- Contractor has the right to hire assistants as subcontractors or to use employees to provide the services proposed or agreed upon.
- The services required shall be performed by Contractor, Contractor's employees, or contract personnel, and Client shall not hire, supervise, or pay any assistants to help Contractor.
- Neither Contractor nor Contractor's employees or contract personnel shall receive any training from Client in the professional skills necessary to perform the services required for the project.
- Neither Contractor nor Contractor's employees or contract personnel shall be required by Client to devote full time to the performance of the services required by the project.
- Contractor shall be allowed to terminate the contract for any reason at any time.
Materials.
The Contractor will provide the materials, supplies, equipment, services and labor necessary for the complete performance of the project. Unless otherwise agreed, all materials will be new and of good quality.
The Contractor will continue to own all materials delivered and work performed until paid for by the Client. The Contractor will have access to these materials and work at all reasonable times.
Insurance.
Client shall not provide insurance coverage of any kind for Contractor or Contractor's employees or contract personnel. Contractor shall obtain the following insurance coverage and maintain it during the entire term of the project:
- Automobile liability insurance for each vehicle used in the performance of the project-- including owned, non-owned (for example, owned by Contractor's employees), leased, or hired vehicles -- for bodily injury and property damage.
- Comprehensive or commercial general liability insurance coverage, including coverage for bodily injury, personal injury, broad form property damage, contractual liability, and cross-liability.
Compliance with Laws.
The Contractor will comply with all applicable Federal, State and local laws regarding work, materials and the safety of persons or property. The Client will not be responsible for any loss or damage to the work or any property of the Contractor.
Conditions.
The Client must provide timely access, adequate and hazard free working conditions, material storage and parking for the Contractor, Contractor’s employees and subcontractors.
The Client must remove any personal property of value from the affected work area prior to commencing work. If personal property is left it is deemed without value. If the Contractor, Contractor’s employees or subcontractors are asked or required to handle or remove any of the Client’s personal property, the Contractor is not liable for any damage incurred.
Damages.
The Client must notify the Contractor of any damages attributed to the Contractor or Contractor’s employees or subcontractors in writing within seven days of occurrence.
Failure to Pay Contractor.
The Contractor may stop work and terminate the project if the Client fails to pay the Contractor any sum within 15 days after the date fixed for payment. The Client must then pay for all work which has been completed, together with the Contractor’s reasonable profits and damages.
Term of Agreements
These terms and conditions become effective when the estimate is signed by both parties and will terminate on the earlier of:
-the date Contractor completes the services required by the project, or
-the date a party terminates the project
Resolving Disputes
If a dispute arises during the project, the parties agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Kent County, MI. Any costs and fees other than attorney fees associated with the mediation shall be shared equally by the parties. If it proves impossible to arrive at a mutually satisfactory solution through mediation, the parties agree to submit the dispute to a mutually agreed-upon arbitrator in Kent County, MI. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to do so. Costs of arbitration, including attorney fees, will be allocated by the arbitrator.