Fidler on the Roof KC Contract Terms

STANDARD TERMS FOR RESIDENTIAL & COMMERCIAL ROOFING CONTRACTS

Fidler on the Roof, KC (“CONTRACTOR”) and OWNER agree that the following Standard Terms are incorporated into CONTRACTOR’s Estimate and cover all services to be performed by CONTRACTOR or its subcontractors:

1. Late Payment. If Owner fails to pay Contractor any invoiced amounts due, Contractor retains the right upon providing written notice to the Owner to stop providing Services until the amounts due have been received. If the amounts due remain unpaid following 5 calendar days, the amounts due shall accrue interest at the rate of 10% per annum from the date payment was due until paid.  Owner agrees to pay all reasonable collection-related costs that Contractor incurs, including attorney fees.

2. Indemnification. Contractor and Owner shall defend, indemnify, and hold harmless the other, their agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by their negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and Owner, they shall be borne by each party in proportion to its own negligence under comparative fault principles.

3.  Subrogation Waiver.  Owner and Contractor waive all rights against each other, and any subcontractors, agents and employees of each other, for damages caused by fire or other perils to the extent covered by property insurance applicable to the services described in the Estimate, except such rights as each may have to proceeds of such insurance. 

4.  Consequential Damages. Neither party shall be liable to the other for loss of profits or revenue; loss of use or opportunity; loss of good will; cost of substitute facilities, goods, or services; cost of capital; or for any special, consequential, indirect, punitive, or exemplary damages.

5.  Limitation Of Liability. Owner and contractor have evaluated the risks and rewards associated with the services to be provided, including contractor’s fee relative to the risks assumed, and agree to allocate certain of the risks so, to the fullest extent permitted by law, the total aggregate liability of contractor to owner and third parties granted reliance is limited to the greater of $10,000 or the esteem amount for any and all injuries, damages, claims, losses, or expenses (including attorney and expert fees) arising out of contractor’s services or this agreement regardless of cause(s) or the theory of liability, including negligence, indemnity, or other recovery.

6.  Severability. If any provision of this Agreement is determined to be unenforceable, then such provision shall be deemed amended to conform to applicable laws or otherwise stricken.  

7. Notice to Owner: Failure of this contractor to pay those persons supplying material or services to complete this contract can result in the filing of a mechanic’s lien on the property, which is the subject of this contract pursuant to Chapter 429, RSMO. To avoid this result, you may ask this contractor for “Lien Waivers” from all persons supplying material or services for the work described in this contract. Failure to secure lien waivers may result in your paying for labor and materials twice.