Workmanship and Quality

    Mosby Building Arts, Ltd. (MBA) agrees to provide the labor and materials described in this Agreement. MBA will meet or exceed the NAHB Residential Construction Performance Guidelines, Fourth Edition, published nationally by the NAHB. MBA will use local industry standards and practices unless otherwise directed in writing and signed by Owner and MBA prior to work commencing. While MBA will make every effort to blend existing texture, color, and planes, EXACT DUPLICATION IS NOT LIKELY AND IS NOT GUARANTEED due to inherent limitations of materials and circumstances. Any drawings and documents produced by MBA are the copyrighted property of MBA.

    Warranty

    MBA will warrant workmanship for one year from the date of substantial completion of the work pursuant to this agreement, in lieu of all other warranties, expressed or implied, but only upon payment in full of the Agreement price. There are no warranties from MBA on fixtures, equipment, machinery, millwork, or material; Owners shall only have such warranties on equipment or material as may be provided by the manufacturer. THERE ARE NO OTHER EXPRESSED OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, HABITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. MBA’s methods to correct warranty items are to repair or replace or refund related costs, at its discretion. OWNER MUST NOTIFY MBA OF DEFECT IN WRITING DURING WARRANTY PERIOD AND WITHIN 45 DAYS OF DISCOVERY.

    Exclusions from Warranty

    • Defective design or specification prepared by or work performed by persons other than MBA.
    • Materials supplied by Owner or installed under Owner’s direction.
    • Normal wear, rot, or deterioration; damage caused by termites or other pests.
    • Alterations or additions to MBA’s work by parties other than MBA.
    • Loss or damage due to Owner’s failure to protect, keep, and/or maintain the Work in good repair and condition.
    • Consequential or incidental damage.
    • Peeling, cracking, pitting, and textural variations of concrete work, drywall, plaster, and grout.
    • Damage due to ground settling, frost heave, road salts, unusual loads, corrosive elements, or other conditions beyond MBA’s control.
    • Expendable items such as filters, batteries, gaskets, etc., that are typically replaced during usage.
    • Dimensional changes, appearance of joinery lines, and the darkening of wood products caused by natural environmental factors.

    Property Title and Access

    The Owner who has signed this Agreement is the owner and/or authorized agent for all owner(s) of the subject property and all such owners are the purchasers of the described labor and materials and agree to all terms of this Agreement. Owner shall grant free access to work areas for MBA’s workers, vehicles, and agents and will allow sufficient areas for performance of work. Owner agrees to keep walks and driveways providing access to the work site clear and available to workers and the parking of vehicles near the work site during normal business hours. Elevators to work sites must remain operating, free, and available for use by MBA’s personnel. Reserved or locked-out elevators may result in additional charges.

    Media Use

    Owner grants MBA permission to take and have exclusive ownership of photographs, pictures, and videos before, during, and after the project and to use them at its discretion. MBA may place advertisement signs on the property when allowed by applicable ordinances. Owner grants MBA and its affiliates permission to use royalty-free any and all photos, images, and likenesses of work in promotional material and agrees to hold MBA harmless for any claims or damages resulting from such use.

    Mediation and Arbitration

    All disputes, claims, and/or controversies of every kind and nature between the parties to this Agreement arising out of or in connection with this Agreement as to the existence, construction, validity, interpretation, meaning, performance, enforcement, operation, breach, continuance, termination, or measure of damages thereof shall be submitted to mediation and/or arbitration by a single non-attorney arbitrator experienced in residential construction before the American Arbitration Association in accordance with its procedures. The resulting mediated Agreement or arbitrated award shall be final, binding, and enforceable by court judgment. The demand for arbitration must be filed within six months after the dispute has arisen. In addition to agreeing to binding arbitration, the parties waive any and all rights to a jury trial regarding resolution of any dispute between them. ILLINOIS RESIDENTS MAY ACCEPT OR REJECT THIS SECTION BY CHECKING THE BOX WHEN SIGNING UP FOR THE PLAN.

    Unusual Events

    MBA is not liable for unusual events or costs incurred such as, but not limited to, any loss, damage, or delay caused by strikes, lockouts, fire, explosion, theft, flood, riot, earthquake, civil commotion, war, malicious mischief, acts of God, soil slippage, existing building movement or shift for any reason, rain or water damage to Owner’s property including interior ceilings or walls, actions of Owner and Owner’s employees and family and pets, subdivision trustees, neighbors, city officials, and all acts, events, or occurrences beyond MBA’s reasonable control. Loss or damage to any artwork is not covered under any circumstances.

    Concealed or Unknown Conditions

    This Agreement does not include the cost of repairing or removing any concealed conditions. MBA shall not be required to identify, evaluate, abate, or remove any hidden hazards or hazardous materials, including, but not limited to radon, asbestos, lead, fungus, mold, rot or dry rot, electromagnetic radiation, fiberglass, termites, or other pests. MBA is not liable for and shall be held harmless by Owner from liability arising out of any such concealed conditions.

    Hazardous Material Removal

    Owner hereby authorizes MBA to serve only as an agent of Owner regarding any Hazardous Materials located on the site in this Agreement…

    Lead-Safe Work Practices

    The Project to be completed pursuant to this Agreement will be performed in compliance with all applicable Environmental Protection Agency (EPA) requirements regarding lead-safe work practices. Such practices DO NOT involve lead abatement or elimination…

    Quick Response Conditions

    MBA may elect to commence extra work without a Change Order when conditions create a need for a quick response for extra work and the Owner is not conveniently available to approve extra work…

    Financial Arrangements and Payment

    The Owner will furnish a credit card to be used for all payments of this Agreement. This credit card will be kept securely on file by the credit card processor, not MBA. The payments will be automatically charged per the Payment Schedule. Owner is responsible for updating credit card information.

    MBA Insurance

    MBA will carry worker’s compensation and liability insurance to protect the Work and MBA’s employees during the progress of the Work…

    Termination of Agreement

    Owner may terminate the Agreement with thirty (30) days written notice delivered via MBA’s online platform…

    Amendments

    Upon notice to Owner, MBA may amend these Terms and Conditions at any time to comply with applicable law, as well as in conjunction with the commencement of a renewal term.

    Notice to Owner

    FAILURE OF THIS CONTRACTOR TO PAY THOSE PERSONS SUPPLYING MATERIALS OR SERVICES TO COMPLETE THIS CONTRACT CAN RESULT IN THE FILING OF A MECHANIC’S LIEN…