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Terms

1. Agreement

This Agreement governs all remodeling services performed by Rare Gem Construction (\"Contractor\") for the homeowner (\"Client\").

By approving the estimate and submitting the required deposit, the Client confirms they have read, understood, and agreed to these terms and conditions.

2. Project Scope

The approved estimate defines the exact scope of work to be performed.

Unless specifically listed in the estimate, work is not included.

Work outside the agreed scope requires a written Change Order signed by both parties before additional work begins.

Opening walls, ceilings, floors, or other concealed areas does not automatically expand the project scope.

3. Pricing

The approved estimate is valid for 30 days from the date issued.

Pricing may change after that period due to:

Material price increases
Manufacturer pricing changes
Supplier cost increases
Labor cost adjustments
Market conditions

4. Deposits

A deposit is required before scheduling any project.

Once the deposit is received, Rare Gem Construction immediately begins:

Project scheduling
Design preparation
Material coordination
Supplier scheduling
Labor scheduling
Project management
Administrative preparation

Deposits are applied toward the total contract amount.

Because these services begin immediately, deposits become non-refundable once project preparation has begun.

If the Client cancels after materials have been ordered or labor has been scheduled, the Client is responsible for all costs incurred.

5. Design & Material Selection

proposed broader introductory wording: After the deposit is received, Rare Gem Construction will begin the design and material selection process for the approved scope. Depending on the project, selections may include bathroom fixtures, vanities, cabinetry, countertops, flooring, tile, lighting, wall finishes, paint colors, trim, doors, hardware, and accessories. Only selections and work included in the approved estimate are part of the contracted project.

6. Material Availability

Material availability cannot be guaranteed.

Manufacturers discontinue products.

Products become backordered.

Shipping delays occur.

Building supply shortages occur.

If a selected product becomes unavailable, Rare Gem Construction will present available alternatives.

Product shortages or manufacturer delays shall not constitute a breach of this Agreement.

7. Customer Requested Changes

The Client may request changes at any time.

However:

All changes must be approved in writing before work begins.

Customer requested changes may result in:

Additional labor
Additional materials
Restocking fees
Shipping costs
Project delays
Rework charges

If materials have already been purchased, fabricated, cut, or ordered specifically for the Client's project, those materials remain the responsibility of the Client regardless of whether the Client later changes their mind.

Many suppliers do not accept returns on special-order materials.

Rare Gem Construction cannot absorb these costs.

8. Project Schedule

Rare Gem Construction schedules projects based upon:

Deposit date
Material availability
Crew availability
Existing project schedule

Any projected start date, completion date, or project duration is an estimate only.

The Client understands that remodeling is unpredictable and agrees that delays do not constitute breach of contract.

Projects may be delayed due to, including but not limited to:

Hidden damage
Structural issues
Plumbing corrections
Electrical corrections
Mold
Water damage
Permit delays
Inspection delays
Weather
Employee illness
Subcontractor availability
Manufacturer delays
Shipping delays
Product shortages
Customer selection delays
Customer requested changes
Acts of God
Any event beyond the Contractor's reasonable control

These events automatically extend the project schedule.

Such delays do not relieve the Client of payment obligations or give the Client the right to cancel this Agreement.

Rare Gem Construction will communicate scheduling updates whenever practical.

9. Hidden Conditions

Existing homes frequently contain concealed conditions that cannot be discovered until demolition begins.

Examples include:

Rot
Mold
Water damage
Improper framing
Plumbing defects
Electrical deficiencies
Previous code violations

Rare Gem Construction will notify the Client upon discovery.

Work outside the original project scope requires a written Change Order.

10. Worry-Free Construction Guarantee

Within the interior project area being remodeled, Rare Gem Construction will make reasonable repairs necessary to safely complete the contracted work.

This guarantee applies only to hidden conditions located within the contracted remodeling area.

It does not apply to unrelated areas of the home or exterior conditions.

11. Customer Responsibilities

The Client agrees to:

Provide safe access to the project.
Remove personal belongings from the work area.
Secure pets.
Make timely material selections.
Respond promptly to requests for approval.
Make scheduled payments when due.

Failure to do so may delay the project and may result in additional charges.

12. Suspension of Work

Rare Gem Construction may suspend work for:

Non-payment
Unsafe conditions
Denied access
Customer interference
Failure to approve required Change Orders
Material shortages beyond Contractor control

Suspending work shall not be considered abandonment of the project.

13. Property Protection

Reasonable care will be taken to protect the home.

However, remodeling involves:

Dust
Noise
Vibrations
Demolition
Power tools
Construction traffic

Temporary inconvenience is considered a normal part of remodeling.

14. Warranty

Rare Gem Construction provides a limited workmanship warranty covering labor performed by the company.

Manufacturer warranties apply separately to products and fixtures.

The warranty does not cover:

Normal wear
Abuse
Neglect
Damage caused by others
Unauthorized modifications

15. Substantial Completion

Final payment becomes due upon Substantial Completion.

Substantial Completion means the project is usable for its intended purpose even if minor punch-list items remain.

Minor items such as:

Paint touch-ups
Caulking
Hardware adjustments
Warranty work

shall not delay final payment.

16. Final Payment & Construction Lien Rights

Payment is due immediately upon Substantial Completion unless otherwise agreed in writing.

Failure to make final payment constitutes a material breach of this Agreement.

If payment is not received, Rare Gem Construction reserves all rights available under Michigan law, including but not limited to:

Suspending work
Charging any applicable late fees or interest as provided by law or this Agreement
Pursuing collections
Filing a lawsuit
Recording a Construction Lien under the Michigan Construction Lien Act, where applicable
Seeking court costs and any attorney's fees if recoverable under the contract or applicable law

The Client acknowledges that failure to pay for labor and materials may result in a lien being placed against the property.

17. Right to Complete the Project

Once construction begins, the Client agrees to allow Rare Gem Construction reasonable access to complete the contracted work.

The Client may not prevent completion while simultaneously withholding payment.

If the Client denies access before the project is complete, Rare Gem Construction may declare the project substantially complete for payment purposes and pursue all legal remedies available under this Agreement and Michigan law.

18. Limitation of Liability

Rare Gem Construction's liability is limited to the value of the contracted work performed.

The Contractor shall not be liable for indirect, incidental, consequential, or special damages arising from the project to the extent permitted by law.

19. Entire Agreement

This Agreement, together with the approved estimate, written Change Orders, and any signed attachments, constitutes the complete agreement between the parties.

No verbal statements, promises, or representations shall modify this Agreement unless confirmed in writing and signed by both parties.

20. Governing Law

This Agreement shall be governed by the laws of the State of Michigan.

Any legal action arising from this Agreement shall be brought in a court of competent jurisdiction located in the State of Michigan, unless otherwise required by law.

21. Agreement Acceptance

By approving the estimate and submitting the required deposit, the Client acknowledges that they have read, understood, and voluntarily agreed to these terms and conditions.

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