If you have or are having work done by OREGON CUSTOM FLOORING INCORPORATED, then this is a copy of your contract that has either been emailed to you or giving a hardcopy to you by hand. Any and all work that is or has been performed by OREGON CUSTOM FLOORING INCORPORATED is covered by this contract.
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PROPOSAL AND AGREEMENT OF WORK
This is a contract for WORK to be performed by OREGON CUSTOM FLOORING INCORPORATED hereinafter referred to as (“OCF”), and the other party _________________ hereinafter referred to as (“CUSTOMER”) made this day of _________________________.
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INFORMATION
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OREGON CUSTOM FLOORING is a construction company licensed by the Construction Contractor Board under license number # 246178 in Oregon.
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OREGON CUSTOM FLOORING MAILING is located at:
560 Ne F Street,
Suite A #331
Grants Pass Oregon, 97526
(541) 659-3976
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CUSTOMER’s name and address are:
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The work site is located at:
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SCOPE OF WORK
OCF shall perform the following work as identified and detailed below.
Description of the work:
Paying for materials: CUSTOMER is responsible for the entire value of the contract and shall furnish all materials, and if needed all permits required for the project. Materials include, but are not limited to the following list; tile, hardie backer board, floor padding, flooring, wood underlayment, screws, grout, thin set, stain, finish, dump runs, polyurethane, transition, threshold, baseboard, decking, or drywall.
If OCF buys any materials, OCF shall be compensated for in full plus 25% for all materials bought upon completion of the job.
Preparing for Installation: Remove everything, including but not limited to artwork, nick-naks, and anything and everything else from floors, walls, shelving, and cubbies in the work areas. Vibrations from the work being done can cause items to fall off the walls and shelves. Please move all furniture prior to date of work being performed. OCF cannot and will not be held liable for any damages due to non-compliance of request. OCF does not move furniture. In no case shall OCF have any liability to the CUSTOMER property and/or furniture before, during and after work.
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Price and Payment Terms
CUSTOMER shall pay OCF for the work on the following schedule:
CUSTOMER shall pay OCF the amount of __________to start work 00/00/0000
CUSTOMER shall pay OCF the amount of ______________ on completion of the job
*(estimated completion date is 00/00/2024)
-Subject to adjustment by any Change Order(s) or Materials purchased by OCF.
Final day of job worked is when the final payment is due to OCF
Job Site Address:
Contractor: OREGON CUSTOM FLOORING INCORPORATED CCB#246178
Customer: ______________________________________________
Customer Signature: _______________________________ Date________
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Contractor Signature: _______________________________ Date________
Any party signing this contract or making a deposit of any kind, a down payment of any kind, or payment of any kind, towards the job or materials, signifies that the “CUSTOMER” understands any and all the information and circumstances therein, and that this contract supersedes any and all prior orders and agreements between the parties, either verbal or written.
Any deposits, downpayment, payment of any kind is considered a signature and signifies that the "CUSTOMER" understands any and all information and circumstances therein. A signature also signifies that the “CUSTOMER” acknowledges and understands that they have received the state of Oregon required notices for residential construction projects including: consumer protection notice (page 4), information notice to owner about construction liens (page 5), and notice of procedure (page 7), also that they have read and understand this contract as well.
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*Your contractor is supplying this notice(s) to you as required by Oregon law.
EXPLANATION OF PROPERTY OWNER’S RIGHTS
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Consumers have the right to receive the products and services agreed to in the contract.
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Consumers have the right to resolve disputes through means outlined in the contract.
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Consumers have the right to file a complaint with the CCB. Any arbitration or mediation clauses in the contract may need to be complied with during the resolution of the CCB complaint.
Consumer Protection Notice
Actions to help make your project successful
(ORS 701.330 (1))
Oregon law requires contractors to provide the homeowner with this notice at the time of written contract, for work on a residential structure. This notice explains licensing, bond and insurance requirements, and steps that consumers can take to help protect their interests.
START OUT YOUR PROJECT RIGHT
Make sure your contractor is properly licensed before you sign a contract. Visit www.oregon.gov/ccb, and click on the link, check on a Contractor’s License, or call our offices at 503-378-4621. To be licensed in Oregon, contractors must take training and pass a test on business practices and law. Licensing is not a guarantee of the contractor’s work.
A license requires the contractor to maintain a surety bond and liability insurance -
The CCB surety bond provides a limited amount of financial security if the contractor is ordered to pay damages in contract disputes. It is not intended to be a safety net for consumer damages. Consumers with large projects may wish to look into performance bonds. Liability insurance coverage provides for property damage and bodily injury caused by the contractor. It does not cover contract disputes, including poor workmanship.
If your contractor is not licensed - the CCB bond and dispute resolution services will not be available to you.
What you should know about bids, contracts, and change orders:
Bids - Do not automatically accept the lowest bid - A low bid may make it necessary for the contractor to use lower quality materials and to cut corners in workmanship.
Contracts and Change Orders - Always get it in writing. Your contractor is required to provide a written contract if the contract price is more than $2000. The CCB recommends that all contracts be in writing.
Contracts should be as detailed as possible - Some items to include are materials and costs, permits, estimated start and completion dates, debris removal, and arbitration clauses. Make sure the contractor’s name, CCB number, and contact information is included in the contract.
Read and understand your contract before signing it - Don’t be pressured into signing your contract without taking the time needed to go through it. Make sure it includes enough details to avoid misunderstandings and to protect you and your property.
Additional contract information you should know:
A Payment Schedule - should be included in the contract. Stick to the schedule and never pay in full for a project before the work is complete.
Special Note on Liens - Subcontractors and material suppliers that work on your project are often paid by the general contractor. If a general contractor fails to pay, the subcontractor may file a lien on your property. For information on construction liens, visit the CCB’s Consumer Help Page at www.oregon.gov/ccb, or contact an attorney.
Warranty on new residential construction - Contractors must make an offer of a warranty when constructing a new residential structure. Consumers may accept or refuse the warranty.
If you should have a problem with your contractor - You can file a complaint with the CCB against a licensed contractor within one year of the substantial completion of work on your project. Contact the CCB office at 503-378-4621 for help.
Visit the CCB website at for more information on having a successful project.
Information Notice To Owner About
Construction Liens
(ORS 87.093)
This is not a lien. Your contractor is required by law to provide this notice to inform you about construction lien laws. This notice explains the construction lien law, and gives steps you can take to protect your property from a valid lien. As an owner, you should read this information notice carefully. This information notice is required to be given if you contract for residential construction or remodeling, if you are buying a new home, or at any time the contract price exceeds $2,000.
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Under Oregon law, your contractor and others who provide labor, materials, equipment, or services to your project may be able to claim payment from your property if they have not been paid. That claim is called a Construction Lien.
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If your contractor does not pay subcontractors, employees, rental equipment dealers, materials suppliers, or does not make other legally required payments, those who are owed money may place a lien against your property for payment. It is in your best interest to verify that all bills related to your contract are paid, even if you have paid your contractor in full.
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If you occupy or will occupy your home, persons who supply materials, labor, equipment,
or services ordered by your contractor are permitted by law to file a lien against your property only if they have sent you a timely Notice of Right to Lien (which is different from this Information Notice), before or during construction. If you enter into a contract to buy a newly-built, partially-built, or newly-remodeled home, a lien may be claimed even though you have not received a Notice of Right to a Lien. If you do not occupy the building, a Notice of Right to Lien is not required prior to filing a lien.
This notice is not intended to be a complete analysis of the law. You should consult an attorney for more information.
Common Questions and Answers about Construction Liens
Can someone record a construction lien even if I pay my contractor? Yes. Anyone who has not been paid for labor, material, equipment, or services on your project and has provided you with a valid Notice of Right to Lien has the right to record a construction lien.
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What is a Notice of Right to Lien? A Notice of a Right to Lien is sent to you by persons who have provided labor, materials, or equipment to your construction project. It protects their construction lien rights against your property.
What should I do when I receive a Notice of Right to Lien? Don’t ignore it. Find out what arrangements your contractor has made to pay the sender of the Notice of Right to Lien.
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When do construction liens need to be recorded? In Oregon, construction liens generally need to be recorded within 75 days from the date the project was substantially completed, or 75 days from the date that the lien claimant stopped providing labor, material, equipment, or services, whichever happened first. To enforce a lien, the lien holder must file a lawsuit in a proper court within 120 days of the date the lien was filed.
Steps That Consumers Can Take to Protect Themselves
Contact the Construction Contractors Board (CCB) and confirm that your contractor is licensed. The law requires all construction contractors to be licensed with the CCB. Check a contractor’s license online at the CCB consumer website: www.oregon.gov/ccb, or you can call 503-378-4621.
Review the Consumer Protection Notice (ORS 701.330(1)), which your contractor must provide to you at the time of contract on a residential structure.
Consider using the services of an escrow agent to protect your interests. Consult your attorney to find out whether your escrow agent will protect you against liens when making payments.
Contact a title company about obtaining a title policy that will protect you from construction lien claims.
Find out what precautions, if any, will be taken by your contractor, lending institution, and architect to protect your project from construction lien.
Ask the contractor to get lien waivers or lien releases from every subcontractor, materials provider, equipment provider, and anyone else the contractor is responsible for paying. Do this before you give your contractor a progress payment.
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Have a written contract with your contractor. A written contract is required for projects greater than $2,000. An original contractor that fails to provide a written contract as required by law may not place a construction lien against the owner’s property.
If you receive a Notice of Right to Lien, ask for a statement of the reasonable value of the materials, labor, equipment, or services provided to your project from everyone who sends you a Notice of Right to Lien. If the information is not provided in a timely manner, the sender of the Notice of Right to Lien may still be able to file a construction lien but will not be entitled to attorney fees.
When you pay your contractor, write checks made jointly payable to the contractor, subcontractors, materials, equipment, or services providers. The checks name both the contractor and the subcontractor, materials or equipment provider. The checks can only be cashed if both the contractor and the subcontractor, materials or equipment provider endorses it. Be aware that many banks will not accept checks made payable to multiple parties unless each party appears at the bank with government-issued identification at the time of deposit. Your contractor may wish to check with its bank and advise whether this is an option.
Should you have a dispute with your contractor, you may be able to file a complaint with the
CCB and be reimbursed in whole or in part from the contractor’s bond. For more details about help available through the agency, write to the CCB at PO Box 14140, Salem, OR 97309-5052 or call 503-378-4621.
Consult an attorney. If you do not have an attorney, consider contacting the Oregon State Bar
Referral Service at 503-684-3763 or 1-800-452-7636.
Notice of Procedure Regarding Residential Construction Arbitrations and Lawsuits (ORS 701.330)
Oregon law contains important requirements that homeowners must follow before starting an arbitration or court action against any contractor, subcontractor, or supplier (materials or equipment) for construction defects.
Before you start an arbitration or court action, you must do the following:
Deliver a written notice of any conditions that you believe are defective to the contractor, subcontractor, or supplier that you believe is responsible for the alleged defect.
Allow the contractor, subcontractor, supplier, or its agent, to visually inspect the possible defects and also allow the contractor, subcontractor, or supplier to do reasonable testing.
Provide the contractor, subcontractor, supplier, or its agent, the opportunity to make an offer to repair or pay for the defects. You are not obligated to accept any offer made.
There are strict procedures and deadlines that must be followed under Oregon law. Failure to follow those procedures or meet those deadlines will affect your right to start an arbitration or court action.
You should contact an attorney for information on the procedures and deadlines required under Oregon law.
ADDITIONAL TERMS AND CONDITIONS
Late Payment/Interest: In the event of non-payment of any sums due OCF as herein provided for, and/or in change orders, if any, relating to the project herein described, CUSTOMER agrees to pay interest on such sums from the date due as above described until paid to OCF, and clears OCF bank, at the rate of twenty eight percent 28% per day as well as any and all costs of collection incurred by OCF, including but not limited to, all attorney’s fees whether or not suit is brought to affect such collection.
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Limitation of OCF Liability: Except as specified in any separate writing between OCF and CUSTOMER, OCF’s total liability under this agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to the price of the contract. In no event will OCF be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. CUSTOMER also understands and agrees to forever release, waive, hold harmless and discharge OCF, its officers, agents and owners from any and all liability to you, CUSTOMER, your legal representatives, heirs and assigns for any and all claims arising from any damage, injury or effect related to or caused by mold and/or the negligence of OCF, its officers or agents.
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Exclusions: This contract excludes the following: (a) Any work not specifically listed in this proposal; or, (b) any additional work that may be ordered by the building department having jurisdiction over the site of the project.
Certificate of Substantial Completion: As part of consideration for the work of OCF on the project, CUSTOMER agrees, upon the request of OCF, to execute a Certificate of Substantial Completion in the form submitted by OCF upon substantial completion of the project.
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Force Majeure: No failure nor commission by OCF in the performance of any obligation pursuant to this acceptance shall be deemed a breach of this acceptance or create any liability if the same shall arise from any cause beyond the reasonable control OCF, including, but not restricted to, acts of God, fire, storm, flood, earthquake, riots, strikes or other work stoppage, war, difficulties from any energy shortage, raw material shortage or governmental acts or guidelines, or other causes beyond the control of OCF. OCF whose performance is affected by said conditions shall promptly inform the other of the details of such cause and shall endeavor to rapidly remedy the cause, if within their ability to do so, and resume its obligations as soon as possible after such cause shall have been removed.
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Remedies: If written notice of defects or non-performance by OCF of this contract or any part hereof has not been received by OCF within ONE day of the earlier of: (a) receipt by OCF of a certificate of substantial completion; or (b) OCF advises CUSTOMER it has completed the project/work described in the aforesaid contract, then the project and the work performed in conjunction therewith shall be deemed to have been unqualifiedly accepted by CUSTOMER, and the CUSTOMER has waived any and all claims with respect to said project/work and material and performance by OCF of this contract. No such claims against OCF of any kind shall be valid. On no account shall OCF be liable to CUSTOMER for consequential damages and liability of customer as to any claim for any loss or damages arising out of, connected with, or resulting from the project/work performed by OCF and in no case shall any liability of OCF exceed the price of the project to which the claim relates.
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Premise Availability: CUSTOMER will make the property upon which the work is to be performed available to OCF from 7:00 am until 5:00 pm. Monday thru Friday and any and all other agreed upon times as modified and agreed to in writing on the front of this contract. CUSTOMER understands that work activities result in elevated noise levels and debris. OCF will ensure that the work area will be cleaned up upon final completion of the work as outlined in this contract. CUSTOMER is responsible for all the “work site” safety and security while project is ongoing while OCF is not at the “work site”. OCF will not and cannot be responsible for any “events”, abuse, neglect, alterations or damages caused by others that may take place at the “work site” during construction activities.
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Permits: CUSTOMER will be responsible for payment and obtaining all necessary and required state, county, city and local building permits.
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Warranty: Warranties on materials furnished by the CUSTOMER, or materials furnished by OCF are limited to the manufacturer’s warranty and do not cover the following items which include but are not limited to abuse, neglect, alterations or damages caused by others. The manufacturer, not the contractor, provides a lifetime warranty if any applies. Others, not the contractor, will resolve any warranty issues. Once OCF has installed and finished work in an area, it then becomes CUSTOMERS responsibility. OCF will not, and cannot be held liable for any repairs that are required in that area before/during and forever after the job has been finished.
Materials: If materials for this project/work are ordered and cancelled before work on the project commences, CUSTOMER is responsible for any restocking costs and inbound and returned shipping charges to OCF plus 28% for OCF time, to be charged at an hourly rate of 225$, with a two-hour minimum to start. If materials are specially ordered to CUSTOMERS specifications, CUSTOMER is responsible for the entire value of the order as soon as production of said materials begins. OCF will retain title to any materials that may be furnished until final payment is made and if settlement is not made as agreed, OCF shall have the right to remove same and OCF will be held harmless for any damages resulting from the removal thereof. OCF cannot be held responsible for any claims, demands, actions or other legal rights claims for any loss or injury or failed products or defects or malfunctions in connection with the use of any products, during, and after the project forever.
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Assignment and Delegation: The CUSTOMER may not assign any rights or interest to this contract without the prior written consent and approval of OCF. No delegation of any obligation owed OCF nor the performance of any obligation of CUSTOMER to OCF shall be made without OCF’S prior written consent. The CUSTOMER agrees to release OCF from any such claims and demands.
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Indemnification: CUSTOMER agrees to indemnify and hold OCF harmless from any and all costs (including attorney’s fees), expenses and damages resulting from any claim brought against OCF by virtue of any negligence or fault of CUSTOMER including, but not limited to, claims for personal injury for any amount of time before, during and after the project work. As expressly set forth in this agreement, no member of OCF shall be personally liable for any debt, obligation or liability of the CUSTOMER, whether that debt, liability or obligation arises in contract, tort or otherwise for any amount of time before, during and after the project work.
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Waiver/Severability: Any delay, waiver or omission by either party to exercise any right or power arising from any breach or default by the other party of any of the terms, provisions or covenants of the acceptance shall not be construed, except as herein otherwise set forth, as a waiver by either party of any subsequent breach or default of the same or any other terms, provisions or covenants by the other party. Should any provision hereof be deemed contrary to the laws of Oregon, such provision shall be deemed severable from this acceptance and not affect the enforceability of the balance of this acceptance.
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Governing Law/Choice of Venue: This acceptance and the legal relations between OCF and CUSTOMER shall be construed in accordance with the laws of Oregon. CUSTOMER’S signature warrants that for purpose of determining venue for bringing any legal action on the account that venue shall be either in Josephine County or the City and County of Grants Pass at the election of OCF.
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Right of Rescission: CUSTOMER shall have until midnight on the date on which this contract is signed to cancel the contract. Said cancellation must be in writing and sent to OCF at the address listed in the terms of payment section of this contract.
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Entire Agreement/Amendments: This acceptance constitutes the entire final binding agreement between OCF and CUSTOMER with respect to the project (i.e. work) itemized on the front of this form and supersedes any and all prior orders and agreements between the parties, either verbal or written. Any alteration or deviation from the provisions on the front of this contract and this page will be valid only if made upon written change order signed on behalf of CUSTOMER and OCF and will be subject to extra charges over and above the amount set forth in the contract. Upon signature, or any payment of any kind from the CUSTOMER, the CUSTOMER acknowledges without any doubt, that the CUSTOMER has received all required paperwork/notices that the state of OREGON requires for OCF; and CUSTOMER acknowledges receipt of the following notices; consumer protection notice, information notices to owner about construction liens, notice of procedure. This Contract shall become a contract between OCF and CUSTOMER upon signature by the CUSTOMER and is subject to the force majeure provisions hereinabove set forth. Copies of this document disclosing signatures of the parties shall have the legal effect of an original. This contract may be executed in counterparts with the same force and effect as though all signatures appeared on one original document. Facsimile signatures are binding and enforceable.
NSF Checks: CUSTOMER is responsible for paying any and all fees, listed or not listed here, plus a 28% daily fee of the check amount, from first non-payment date. All project work stops immediately until payment is cleared through OCF bank. If default payment, OCF will require another $500.00 cash to start job again.
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Paint Touch Up: Great care will be taken in CUSTOMER home during work; however, scuffs or minor scratches may occur in work areas, OCF cannot and will not be held liable for any paint touch up. NOTE: CUSTOMER is responsible for all paint touch-ups.
Customer Toilet: OCF doesn’t remove or install toilets. If CUSTOMER has concerns, hire a plumber to remove or install CUSTOMER toilet.
Variances Not Accounted For: Great care is always taken when OCF bids to ensure no surprises. OCF shall not, and will not be held accountable or liable for issues such as: uneven stairs, subfloor issues, squeaks in subfloor, height differences in transitions, surprise underlayment’s under carpet or linoleum that is being removed, floors/walls that are not level, humps, dips, rise in floors/walls, mold issues, gas lines that are not placed under subfloor to industry standards, water lines for ice maker, or any other type of work listed or not listed that was not performed by a licensed contractor to the National Association of Home Builders Residential Construction Performance Guidelines Fifth Edition Contractor Reference..
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Variances in Material(s): OCF cannot be held accountable for variances in a product. Be confident OCF will do everything possible to achieve the essence of the product the CUSTOMER chooses from. All products will tend to have slight to average shade variation. This is the design and intent in most cases to add to the beauty of the new product. The selection that the CUSTOMER chooses from will be the essence captured in the work area. CUSTOMER is responsibility to verify product is correct. OCF will not and cannot be held liable for any cost or any other fees associated with the removal, repair, replacement or “fixing” the problem.
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Sealer/ Stain: Every attempt will be made to ensure an even look when it comes to stains and sealers. Due to wood having varying species the look may be hazy or splotchy in some instances.
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Punch List: 4 hours prior to the project being completed, CUSTOMER is required to do a job walk through to address and correct any issues that the CUSTOMER has if any. Once these issues have been addressed, if any, the CUSTOMER must sign off on any items if there are any. This walk through will be the only time that the CUSTOMER can point out work that needs to be addressed. All other items become warranty work only dealt with after final payment has deposited and clears CUSTOMER and OCF bank(s). If CUSTOMER does not notify OCF during the walk-through period, OCF can charge a minimum hourly rate of 225$ to finish the project.
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Cracks: Framing and or sub framing under the project will expand and contract based upon the seasonal climate, humidity, weather and temperature conditions. Repair of any cracks will be with the same color to the nearest edge, top, bottom of the area. Repair of these expansion voids is recommended to be with a flexible caulking compound such as dap flex 3000. OCF will repair any such crack in the finish grout for a period of 1 month after completion of the job.
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Squeaking and Clicking: Are the results of interactions among flooring, joists and subfloors when they move. Limiting the movements of the flooring system usually eliminates most of these noises. Sometimes, it is impossible to eliminate them completely and minor squeaking or clicking is a normal flooring phenomenon.
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Baseboard: If and only OCF is removing the CUSTOMER baseboard and installing it back, OCF will shoot it back on with finish nails. Great care will be taken to avoid breaking any baseboard, but at times this may occur. In most cases OCF can repair the CUSTOMER baseboard by gluing or nailing and reinstall with no deficiencies noticeable. If it is irreparable, the CUSTOMER is responsible for baseboard replacement. There may be paint touch-ups required for baseboard, the CUSTOMER is responsible for this. If OCF is staining CUSTOMER hardwood floor, the CUSTOMER may have to completely repaint the CUSTOMER wall and or baseboard.
Quality: OCF standard quality of work and performance are based on/from the: National Association of Home Builders Residential Construction Performance Guidelines Fifth Edition Contractor Reference.
Preparing for Installation: Remove everything, including but not limited to artwork, nick-naks, and anything and everything else from floors, walls, shelving, and cubbies in the work areas. Vibrations from the work being done can cause items to fall off the walls and shelves. Please move all the furniture prior to the date of work being performed. OCF cannot and will not be held liable for any damages due to non-compliance of request. OCF does not move furniture. In no case shall OCF have any liability to the CUSTOMER property and/or furniture before, during and after work.
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Certificate of Completion: By CUSTOMER submitting final payment they certify that OCF has successfully completed the construction project to CUSTOMER satisfaction and industries standards for the scope of the work within this contract.
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