Remodeling agreement

This bathroom remodel construction Contract (hereinafter, the “Contract” or “Agreement”) is entered into by the Owner and NOMI (hereinafter, NOMI or “Contractor”) for the construction, remodel, or restoration of improvements at the project, in exchange for payment of Contract Price. The documents listed below are adopted and incorporated herein.

  1. Scope of Work

 

  • The scope of work is a document listing all services NOMI will provide to the owner and the total cost for those services. The total cost can be as part of the scope of work or as a separate attachment. 
  • Contract Documents. The Contract Documents consist of this Agreement, all exhibits to this Agreement, any other document specifically listed in this Agreement, and any modifications to any of the aforementioned documents issued in compliance with this Agreement. The terms of this Agreement shall supersede and control over any conflict or inconsistency in any other Contract Document.
  • Scope of Work. Except for items to be paid or provided directly by Owner, NOMI shall provide all labor, materials, equipment, and services necessary to perform all work as agreed in the scope of work. NOMI is responsible for the supervision and coordination of all the Work, including the construction means, methods, techniques, sequences and procedures utilized.
  • Permits. Contractor will only obtain licenses, permits, and similar authorizations to the extent required by any applicable governmental authorities. If Owner requests NOMI not to obtain a permit or license for any portion of its Scope of Work, then OWNER WAIVES AND RELEASES NOMI FROM ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES, ARISING OUT OF OR RELATING TO NOMI NOT OBTAINING A PERMIT OR LICENSE.
  • Any inconsistencies or conflicts within the Construction Documents shall be resolved by the Contractor in its reasonable discretion. If a detail of the construction is not specified within the Construction Documents, or should an alternative building practice be available in lieu of a specified procedure, the Contractor may select a construction procedure that complies with applicable building codes. Unless otherwise specified in writing, materials used by the Contractor in the construction of the Improvements shall be as prescribed in the Construction Documents, subject to substitution at Contractor’s election should an item not be reasonably available or if its procurement would cause undue delay of the Work. Any substitutions shall be of comparable grade and quality. The construction of the Improvements are subject to changes in the Construction Documents as required by any governmental authorities. Owner acknowledges that these changes may occur during construction and agrees that any such deviations will be accepted.
  • Exclusions; Unless provided otherwise in the scope of work, Contractor is not responsible for:
    • Any Homeowner’s Association or Subdivision fees, property tax costs, assessments, title fees, loan costs, bank inspection fees, appraisal fees, telephone service initiation fees, cable, satellite, or other television fees, internet service fees, and/or any non-direct construction costs. Contractor will notify Owner when to change over utility billing costs at substantial completion.
    • Any subdivision or HOA approvals, permissions, applications, or meetings, which are the responsibility of Owner.
    • For any latent or concealed conditions existing at the Property.
  1. Compensation, Payments, and Final Payment
    • Financing. If Owner is financing any portion of the Work, then Owner represents and agrees that Owner is responsible for all loan related costs, including without limitation closing costs, interest, filing and other fees. The terms of this Agreement shall control and supersede over any inconsistent term or provision of documents issued or requested by any Lender, even if dated after the execution of this Contract.
    • Progress Payments. According to milestones as presented above – due dates within 5 days of the payment request. Any change order to be paid in full and upfront – due date within 3 days of the payment request. Contractor shall not start any change order work before receiving written approval.
    • Final Payment. No later than three (3) business days of reaching Substantial Completion. Substantial completion: the project is fit for its intended use before any warranty or minor punch list.
    • Late Payments. Any payments not received by NOMI within five (5) calendar days of their due date are considered late. Late payments will bear interest at the rate of eighteen percent (18%) per annum, or at the highest rate allowed by law, whichever is lower. In the event payment is not timely made by Owner, NOMI shall be entitled to suspend performance of the Work.

In the event the suspension lasts for more than thirty (30) days, then NOMI shall have the option of terminating this Contract. In the event of termination, Owner waives and releases NOMI from any and all liability arising out of this Contract and shall remain liable to NOMI for the value of all work completed, interest thereon, consequential damages suffered by NOMI, lost anticipated profit on unperformed work, and any attorney fees or costs incurred by NOMI.

  • Subcontractor Payments. Owner acknowledges that NOMI shall only be obligated to pay its subcontractors and/or suppliers for work performed and materials supplied if, and only if, Owner has paid NOMI all amounts due under this Agreement. If Owner receives a notice from one of NOMI’s subcontractors and suppliers pursuant to Chapter 53 of the Texas Property Code and has previously remitted all payments due under this Agreement on time, then Owner may withhold from any upcoming draw request only that amount allegedly unpaid to that particular subcontractor or supplier. Under no circumstance shall Owner be able to remit payment to the subcontractor or supplier unless it provides written notice to NOMI of its intentions and NOMI does not dispute the subcontractor’s claim. Any amount withheld by Owner pursuant to this paragraph shall be paid to NOMI immediately following the earlier of: (1) Owner’s receipt of a waiver of mechanic’s lien rights from the subcontractor and/or supplier who tendered such notice; (2) if a lien has been filed, then the filing of a Bond to Indemnify against the lien; or (3) if no lien has been filed, then the 16th day of the 3rd month following the subcontractor’s last performance of work at the Property.
  1. Changes in the Work
    • The owner, may request changes in the Work after the execution of this contract (hereinafter referred to as a “Change”).
    • Extra Work. In the event the Change calls for additional work not expressly provided in the Scope of Work (hereinafter “Extra Work”), or not contained in NOMI’s estimate for this Project, which is adopted and incorporated herein, then NOMI may submit a proposed written or electronically change order to, detailing the estimated cost to perform the Extra Work and any extensions needed to any Construction Schedule. If NOMI submits a proposed written change order, then Owner agrees to promptly review and accept or deny the Change Order, which may be accepted verbally, or by executing the change order, or electronically by email, text, or other electronic message. The Construction Schedule shall be extended for any delays incurred as a result of the Owner’s delay in approving or denying a change order. NOMI shall be under no obligation to begin the Extra Work until a change order is approved by Owner.
    • Credits. Credits for any portion of the Work not performed as a result of a modification to NOMI’s Scope of Work shall be calculated as the amount specified for that Work in NOMI’s estimate for this Project. If there is no such specification, then the adjustment shall be calculated by NOMI’s reasonable estimation of the cost of the deleted work. Credit should be paid as part of the final payment balance.
    • Changes from Third Parties. Owner understands and agrees that Building Code requirements are often changed, modified and interpreted differently by the governmental agencies, lenders, review boards, officials, and inspectors. Any changes required by any of the foregoing people or other third parties that require changes to the Plans and Specifications will result in an increase in the Contract Price equal to the cost of the change plus profit and overhead.
  2. Time and Schedule
    • Construction Schedule. NOMI shall use its best efforts to achieve substantial completion of the work within a reasonable time based on the scope of work (generally 1-4 months) of the issuance of a permit or if none, then when Work is first initiated at the Property, subject to modifications in accordance with the terms of this Agreement (hereinafter the “Construction Schedule”). It is expressly agreed that Time is NOT of the essence in this Contract. In this regard, any completion dates in the Construction Schedule are estimates and are subject to change during the course of construction. Substantial Completion occurs on the date when NOMI’s obligations are sufficiently complete so that the Owner may occupy or utilize the Project for the use of which it is intended.
    • Delays and Extensions of Time. The estimated completion date shall be extended by the period of any delay encountered by NOMI in the commencement or progress of the Work that is caused by something beyond NOMI’s control, including but not limited to any of the following: (1) an act or omission of the Owner, Owner’s landlord or tenant, any architect, engineer or other design professional retained by Owner, or anyone retained by those parties or under their control; (2) Owner’s delay in choosing materials, approving change orders, submittals, or other documents submitted by NOMI; (3) Owner’s delay in making payments due hereunder; (4) Extra Work requested by Owner; (5) labor disputes; (6) a force mejuere; (7) encountering hazardous materials; (8) adverse weather conditions, including without limitation Rain Days; (10) concealed or unknown conditions at the Property; (11) delays in obtaining information from the Owner or other design professional with respect to plans and designs for the project; or (12) delays for pending dispute resolution. A force majeure includes without limitation any acts of God: epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts; strikes, lockouts, material shortages, industrial disturbances, acts of public enemies or terrorists, orders of any kind of government of the United States, the State of Texas, or any civil or military authority, insurrections, riots, arrests, restraints of government and people, civil disturbances, explosions; breakage or accidents to machinery, pipelines, pumps, canals, or other facilities, partial or entire failure of necessary utilities, or any other causes not reasonably within NOMI’s control. A “Rain Day” is any day during which NOMI had planned to work, but is prevented from working due to rain or any impact of rain including without limitation flooding, standing water, and soggy soils. In addition to the extension of NOMI’s time for performance, if any act or omission of Owner re-sequences the order of NOMI’s work, accelerates the rate NOMI must perform its work, or forces NOMI to demobilize and remobilize its forces, then NOMI shall be entitled to recover from Owner its verifiable increased costs incurred as a result of the act or neglect, including without limitation its demobilizing/remobilizing costs, plus applicable profit and overhead.
  3. General Provisions
    • No Third-Party Beneficiaries. This Agreement is solely for the benefit of the parties hereto, represents the entire and integrated agreement between the parties, and supersedes all prior negotiations, representations, or agreements, either written or oral. The Owner and NOMI agree to look solely to each other with respect to the performance of the Contract. The Contract and each and every provision thereof is for the exclusive benefit of the Owner and NOMI and not for the benefit of any third party nor any third-party beneficiary thereof.
    • Owner Supplied Materials. In the event the Scope of Work includes installation of materials or equipment furnished by the Owner or others not retained by NOMI, NOMI shall in no way be responsible for the ordering, delivery, acceptance, storage, or the quality of such Owner provided materials. In the event that such materials are not provided to NOMI in a timely manner or in an unexpected condition which causes NOMI to be delayed on the Project or incur additional costs, then NOMI shall be entitled to an extension to the Construction Schedule and reimbursement of any additional costs incurred by NOMI. Owner acknowledges that NOMI shall not be liable for, required to warrant, or otherwise be responsible for defects in, or damages caused by, used, or antique materials requested by Owner to be incorporated into the Project.
    • Owner Chosen Materials or Suppliers. If the Contract Documents permit the Owner to direct that a particular manufacturer or a particular supplier of materials be utilized by NOMI in connection with the Project, Owner shall assume all liability for such specific direction and NOMI shall be entitled to an extension of the Contract Schedule equal to the period of any delays caused by such selection and an increase in the Contract Price equal to the extra costs incurred by NOMI as a result of the selection.
    • SUBCONTRACTORS & SUPPLIERS. NOMI is entitled to select and use subcontractors and suppliers to complete any portion of the Work. Pursuant to Texas Property Code § 53.256, NOMI is required to furnish Owner with a written list of the name, address, and telephone number of each subcontractor and supplier NOMI intends to use in the work to be performed and to provide Owner with an updated list of subcontractors and suppliers not later than the 15th day after the date a subcontractor or supplier is added or deleted. However, Owner can waive this right, and in for this Agreement Owner hereby chooses to waive this requirement. OWNER UNDERSTANDS AND ACKNOWLEDGES THAT HE/SHE/THEY ARE NOT REQUIRED TO WAIVE THE RIGHT GRANTED BY SECTION 53.256 OF THE TEXAS PROPERTY CODE TO RECEIVE AN ORIGINAL OR UPDATED LIST OF SUBCONTRACTORS AND SUPPLIERS THAT CONTRACTOR INTENDS TO USE TO COMPLETE THE WORK (THE “LIST”), BUT NONETHELESS CONSENT(S) TO WAIVE HIS/HER/THEIR RIGHT TO THE LIST BY SIGNING THIS CONTRACT. IN THIS REGARD, OWNER WAIVES THE RIGHT TO RECEIVE THE LIST AND HEREBY RELEASES CONTRACTOR FROM ALL OBLIGATIONS TO FURNISH AN ORIGINAL OR UPDATED LIST OR ANY LIABILITY RESULTING FROM THE FAILURE TO PROVIDE THE LIST. OWNER FURTHER UNDERSTANDS AND ACKNOWLEDGES THAT, AFTER SIGNING THIS DOCUMENT, THIS WAIVER MAY NOT BE CANCELLED AT A LATER DATE. OWNER HAS VOLUNTARILY CONSENTED TO THIS WAIVER.
    • Owner Cannot Communicate with Subcontractors. Owner shall not communicate with any of NOMI’s subcontractors or suppliers directly or request that the subcontractors perform any work during pendency of the Project. Owner shall only communicate with NOMI. NOMI shall not be liable for any charges for work that Owner requests directly from NOMI’s subcontractors and suppliers and OWNER SHALL INDEMNIFY CONTRACTOR FROM ANY DAMAGES THAT CONTRACTOR INCURS AS A RESULT OF THE OWNER’S DIRECT COMMUNICATIONS WITH CONTRACTOR’S SUBCONTRACTORS.
    • Owner shall make available to NOMI, water, electricity, gas, and storm and sanitary sewer at the Property as required by NOMI. All expenses incurred during construction for such utilities shall be paid by Owner..
    • Owner’s Obligation to Ensure Compliance. Owner shall be solely responsible for ensuring that the plans, specifications, and/or designs for the Project comply with any applicable covenants, conditions, and/or restrictions of any governmental authority, deed restrictions, architectural review committee, or homeowners association. Any time spent in an effort to correct or plan around violations of any of the foregoing will result in an increase in the Contract Price at the rate of $85.00 per hour spent with a minimum of one hour.
    • Owner’s Performance of Work on the Property. The Owner may not perform other work at the Property while NOMI performs the Work, unless agreed between the parties.
    • Hazardous Materials. A Hazardous Material is any substance or material identified now or in the future as hazardous under any federal, state or local law or regulation, or any other substance material which may be considered hazardous or otherwise subject to statutory or regulatory requirement governing handling, disposal and/or clean-up. If Hazardous Material is discovered at the project site, NOMI shall be entitled to immediately stop and/or not commence Work in the affected area. NOMI shall report the condition to the Owner and, if required, the government agency with jurisdiction. NOMI shall not be obligated to commence or continue work until the Owner has either removed the Hazardous Material, or rendered or determined the Hazardous Material to be harmless, as certified by an independent testing laboratory and approved by the appropriate government agency. Once this has been completed, NOMI will restart work in the area where the Hazardous Material was encountered. The Owner shall be responsible for retaining an independent testing laboratory to determine the nature of the material encountered and whether it is a Hazardous Material requiring corrective measures and/or remedial action. Such measures shall be the sole responsibility of the Owner, and shall be performed in a manner minimizing any adverse effects upon the work of NOMI. If NOMI incurs additional costs and/or is delayed due to the presence or remediation of Hazardous Material, the Owner shall be liable to NOMI for all additional costs incurred as a result of the Hazardous Material, plus NOMI’s general overhead costs and profit, and the Construction Schedule shall be extended by the period of the delay. THE OWNER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE CONTRACTOR, ITS SUBCONTRACTORS AND SUBSUBCONTRACTORS, AND THE AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES OF EACH OF THEM, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES, ARISING OUT OF OR RELATING TO THE PERFORMANCE OF THE WORK IN ANY AREA AFFECTED BY HAZARDOUS MATERIAL. TO THE FULLEST EXTENT PERMITTED BY LAW, SUCH INDEMNIFICATION SHALL APPLY REGARDLESS OF THE FAULT, NEGLIGENCE, BREACH OF WARRANTY OR CONTRACT, OR STRICT LIABILITY OF THE CONTRACTOR AND ITS AGENTS. The terms of this Paragraph shall survive the completion of the Work under this Contract and/or any termination of this Contract.
    • Concealed or Unknown Site Conditions. In the event NOMI encounters concealed, unusual, unknown, subsurface, or concealed conditions at the project site which will materially affect its ability to complete the Work in accordance with the Construction Schedule or the Contract Price, then NOMI shall immediately cease all Work at the project site and provide notice to Owner. The Contract Price may be increased for any additional costs NOMI will incur as a result of the condition and the Construction Schedule extended as necessary to complete the Project in light of the condition. In the event Owner refuses to increase the Contract Price and/or extend the Construction Schedule, then NOMI shall be entitled to terminate this Contract and receive payment for all Work completed up until the termination, including overhead and profit, and demobilization/close-out costs.
    • Construction Hazards. Owner agrees not to enter the construction site during pendency of the Work and not to permit its relatives, subcontractors, suppliers, invitees, or agents to enter the construction site either. In the event that Owner and/or Owner’s relatives, subcontractors, suppliers, invitees, or agents (collectively referred to as the “Owner Parties”) enter the Property, they do so at their own risk and the OWNER SHALL, TO THE EXTENT PERMITTED BY LAW, INDEMNIFY, RELEASE, DEFEND (USING ATTORNEYS APPROVED BY CONTRACTOR), AND HOLD HARMLESS CONTRACTOR, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, SUBCONTRACTORS, SUPPLIERS, INVITTEES, EMPLOYEES, REPRESENTATIVES, AND AGENTS (collectively referred to as the “CONTRACTOR PARTIES”) FROM ANY AND ALL CLAIMS, ATTORNEYS’ FEES, OR CAUSES OF ACTION BELONGING TO THE OWNER PARTIES DUE TO PERSONAL PROPERTY DAMAGE OR BODILY INJURY (INCLUDING DEATH) RELATED, DIRECTLY OR INDIRECTLY, TO THE PROJECT, PROPERTY, AND/OR THE OWNER PARTIES ENTRY ONTO THE PROPERTY.
    • Vegetation. Construction of the Project will cause stress to existing vegetation and trees on the Property and can damage the existing vegetation. The survivability of such vegetation during and after Substantial Completion cannot be guaranteed. THEREFORE, OWNER RELEASES CONTRACTOR FROM ANY CLAIMS OR DAMAGES TO LAWNS, TREES, SHRUBS, AND VEGETATION THAT OCCUR ALL OR IN PART AS A RESULT OF THE CONTRACTOR PARTIES’ NEGLIGENCE OR GROSS NEGLIGENCE.
    • Confirmation of Ownership. Upon executing this Contract, Owner shall furnish NOMI with evidence of Owner’s title to the Property. If such evidence is not furnished as required, NOMI may terminate this Contract at any point if it is discovered that Owner does not have title to the Property. IN THE EVENT THAT OWNER IS EXECUTING THIS CONTRACT INDIVIDUALLY, AND WITHOUT A SPOUSE’S SIGNATURE, THEN OWNER WARRANTS AND REPRESENTS TO CONTRACTOR THAT OWNER IS NOT MARRIED AND HAS SOLE OWNERSHIP OF THE PROPERTY.
    • Insurance. Owner shall obtain and maintain property insurance for the Project written as equal to the full cost of replacement. This insurance policy shall list as named insureds the Owner and NOMI. This insurance policy shall be written as a Builder’s risk, “all risk” or equivalent form to cover all risks or physical loss except those specifically excluded by the policy, and shall insure at least against the perils of fire, lightning, floods, explosion, windstorm, hail, smoke, aircraft (except aircraft, including helicopter, operated by or on behalf of NOMI) and vehicles, riot and civil commotion, theft, vandalism, malicious mischief, debris removal, flood, earthquake, earth movement, water damage, wind, testing if applicable, collapse however caused, and damage resulting from defective design, workmanship or material. This insurance shall remain in effect until final payment has been made. NOMI will provide general liability insurance to protect its interests and the interests of its subcontractors and lower-tier subcontractors in performing the Work.
    • Additional Owner Responsibilities. Owner shall do the following to the extent applicable:
      • Remove all belongings prior to work starting. Any furniture or other items that must be removed by NOMI will be subject to service fees and the schedule extended by any delays as a result of belongings not being removed.
      • Make timely decisions on finish out materials required to complete the project.
      • Make necessary room for NOMI to complete project including material storage and trailer or dumpster placement for construction debris.
  1. Warranty
    • Except as is otherwise provided herein, NOMI warrants all Work performed on and materials installed at the Project will be free from any defects for a period of two (2) years from the date of Substantial Completion (the “Warranty Period”). NOMI agrees to repair or replace any defect covered by this warranty, subject to the limitations described herein. This warranty is expressly conditioned upon the receipt of all payments due to NOMI under this Contract. This warranty does not extend to and NOMI shall not be under any responsibility or liability whatsoever to make repairs for items caused in whole or in part by: (1) windstorms, sun, tornado, lightning, hail, freezes, floods, drought, or other Act of God; (2) the negligence or intentional act of a party not retained by or through NOMI; (3) a modification or repair, attempted or completed, by someone other than NOMI or a party retained NOMI; (4) ordinary wear and tear; (5) a failure in the substrate or subsurface of the Property or foundation movement, unless NOMI’s scope of work included preparation of the substrate or subsurface area; (6) a defect in the design, plans, or specifications for the Project, unless provided by NOMI; (7) any hairline cracks in concrete installed by NOMI that are within industry custom or standards; (8) over or under watering of plant material; (9) vandalism, theft, animals, pets, insecticides, fertilizer, chemicals, transplants, or insecticides; or (10) defective products manufactured by a third party that are not caused by workmanship in installation. This warranty shall be voidable at NOMI’s option if any party other than NOMI performs or attempts to perform any repairs to NOMI’s Work prior to NOMI being given a reasonable opportunity to inspect and/or repair the alleged defective work. NOMI shall not be liable for any incidental or consequential damages resulting from any defect covered by this warranty, and in no event shall NOMI’s liability to Owner exceed the cost of correcting or replacing the defective Work. This warranty is non-transferrable. Any obligation set forth in this warranty terminates if the Owner ceases to occupy the Property.
    • Manufacturer’s Warranty. NOMI will pass on to Owner any manufacturer’s warranty on products installed by NOMI or its subcontractor, but NOMI does not independently warrant the actual product. In the event a product is defective, Owner will need to make a warranty claim with the product manufacturer instead of NOMI. Owner agrees that any warranty claim against a product manufacturer is not the responsibility of NOMI and is not grounds to withhold payment from NOMI. Further if NOMI is requested to install any replacement products, Owner understands and agrees that there will be an additional charge for the labor costs NOMI incurs plus reasonable overhead and profit. Owner understands that a manufacturer may not still be in business in the future, but nevertheless waives and releases NOMI from any product warranty claims.
    • If within the Warranty Period, any portion of the Work is found to be defective, the Owner shall promptly notify NOMI in writing. NOMI shall have a reasonable opportunity to test and/or inspect the alleged defective Work. If the Work is confirmed to be covered by NOMI’s Warranty, then NOMI shall have a reasonable opportunity to repair or replace the defective Work. If Owner discovers and does not promptly notify NOMI or give NOMI a reasonable opportunity to test and/or correct defective work, then Owner waives NOMI’s obligation to correct the defective work as well as the Owner’s right to claim a breach of the warranty with respect to that defect.
    • THE WARRANTY DESCRIBED HEREIN CONSTITUTES THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO OWNER FOR ANY LOSS, COST, EXPENSE, LIABILITY OR DAMAGE, WHETHER DIRECT OR INDIRECT, RESULTING FROM A DEFECT IN CONTRACTOR’S WORK. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE FACE HEREOF. CONTRACTOR AND OWNER EXPRESSLY WAIVE ANY ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, GOOD AND WORKMANLIKE PERFORMANCE, HABITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
    • Mold/Mildew. Molds, mildew and bacteria exist everywhere and are a naturally occurring life form. Owner understands that certain materials encourage the environment to support growth of molds and mildews, such as water, air and cellulose (paper) as that in drywall board facings. Prevention of mold and mildew growth is a maintenance item for the Owner. There is no contractor warranty that guarantees prevention of mold and mildew growth. Any structure should be visually and physically inspected for mold growth on a monthly basis, at both interior and exterior surfaces. Common Sources of Mold/Mildew include Water leaks, humid conditions and lack of cleaning. Interior areas with water use, such as bathrooms, kitchens, laundries, wet bars, etc. should be well ventilated, kept clean and controlled for on-going humid conditions. To resolve any mold/mildew, Owner should reduce the humidity level and force the area to dry out (ventilation, fans, airing out, etc.). Areas that show signs of mold growth can usually be remedied with household bleach applied by a mist setting from a spray bottle. Other mold and mildew agents can be purchased at the local hardware store. Take steps to remove or repair the cause or source contributing or generating the wet condition. Other tips and suggestions to reduce the presence of mold/mildew are:
      • Air out the structure by opening all windows and doors for a brief period (15 minutes) monthly.
      • Change furnace and air conditioner system filters monthly.
      • Use bath fans to ventilate bathrooms during and after showers and bathing.
      • Keep crawlspace vents open always. Air flow and exchange is important.
      • Ventilate basement and attic areas as you would household areas.
      • Keep rain gutters, downspouts and exterior drains clean and functioning.
      • Exterior areas and grades adjacent to the house should be kept in such condition that water does not puddle for periods longer than 24 hours and that water flows away from the structure.
      • Do not use humidifiers. All glass, glazing and window surfaces covered with film or other polymeric tints, films, adhesives or appliques, will void glazing warranty.
  1. Termination
    • NOMI’s Right to Terminate for Convenience. Notwithstanding anything herein to the contrary, NOMI may terminate this Contract for convenience and without regard to fault or breach by providing written notice to Owner and, except as otherwise provided for in this paragraph, neither party shall have any further rights, obligations, or liabilities to the other under this Contract. It being the intent of the parties that upon termination of the Contract pursuant to this paragraph, the only claim and/or cause of action Owner will have against NOMI shall arise out of the Limited Warranty provided herein. Notwithstanding the foregoing, Owner shall remain liable to NOMI for all Work performed and materials purchased prior to Termination. Following termination, NOMI shall submit a final invoice/pay application to Owner, requesting payment for all unreimbursed materials purchased and/or ordered, all work performed through the date of termination, and that amount representing NOMI’s fee which shall be proportionate to the work performed. NOMI reserves the right to convert any termination for cause under this Contract into a termination for convenience. NOMI is not obligated to provide notice prior to terminating the Contract pursuant to this paragraph.
    • NOMI’s Right to Terminate for Cause. Upon five (5) days’ written notice to the Owner, NOMI may terminate this Agreement for cause if: (1) the Work has been stopped for thirty (30) days through no fault of NOMI; (2) the Owner fails to furnish reasonable evidence that sufficient funds are available and committed for the entire cost of the Project; (3) the Owner files for bankruptcy or has a receiver appointed for it; (4) the Owner assigns this Agreement over NOMI’s objection; (5) the Owner fails to pay NOMI in accordance with this Agreement; (6) the Owner otherwise materially breaches this Agreement; or (7) the Owner becomes argumentative. In the event of termination, Owner waives and releases NOMI from any all liability arising out of this Contract and shall remain liable to NOMI for all work completed, outstanding payment applications, interest thereon, and consequential damages suffered by NOMI, as well as costs of cancellation of material orders, costs of cancellation of subcontracts, all demobilization costs, general overhead costs, profit, and attorneys’ fees incurred in connection with the termination. Following termination under this provision, NOMI shall submit a final invoice/pay application to Owner, requesting payment of the foregoing damages.
    • Owner’s Right to Terminate. OWNER MAY CANCEL THIS TRANSACTION AT ANY TIME IN WRITING PRIOR TO MIDNIGHT OF THE THIRD DAY AFTER EXCUTING THIS CONTRACT WITHOUT PENALTY.
  2. Dispute Resolution
    • Dispute Resolution. IF A DISPUTE ARISES OUT OF OR RELATES TO THIS AGREEMENT, THE PARTIES SHALL ENDEAVOR TO SETTLE THE DISPUTE FIRST THROUGH DIRECT DISCUSSIONS. IF THE DISPUTE CANNOT BE SETTLED THROUGH DIRECT DISCUSSIONS, THE PARTIES SHALL ENDEAVOR TO SETTLE THE DISPUTE BY MEDIATION BEFORE A MUTUALLY AGREEABLE MEDIATOR. IF THE PARTIES CANNOT RESOLVE THEIR DISPUTE THROUGH MEDIATION OR ONE PARTY REFUSES TO ATTEND MEDIATION, THEN NOMI SHALL HAVE THE OPTION TO REQUIRE THAT THE DISPUTE BE SUBMITTED TO BINDING ARBITRATION, THE INITIATION AND FILING FEES FOR WHICH SHALL BE PAID BY THE CLAIMANT. SUCH ARBITRATION SHALL BE CONDUCTED PURSUANT TO THE CONSTRUCTION INDUSTRY RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE VENUE OF ANY LAWSUIT OR ARBITRATION SHALL BE IN DALLAS, DENTON, TARRANT, COLLIN COUNTY, TEXAS. ANY ARBITRATION AWARD SHALL BE FINAL. THIS AGREEMENT TO ARBITRATE SHALL BE GOVERNED BY THE TEXAS ARBITRATION ACT AND JUDGMENT UPON THE AWARD MAY BE CONFIRMED IN ANY COURT HAVING JURISDICTION.
    • Attorneys’ Fees. The prevailing party in any dispute arising out of or relating to this Agreement shall be entitled to recover from the other party reasonable and necessary attorney’s fees, and the costs and expenses incurred by the prevailing party in connection with such dispute.
  3. Miscellaneous Provisions
    • Photographs of Property. Owner agrees and consents to NOMI’s use of any photograph, video, or other graphic depiction or rendition of NOMI’s Work at the Property for marketing purposes. NOMI promises and agrees to keep the Property address and Owner’s name and contact information confidential and will not use any photographs that depict any residents of the Property.
    • Waiver of Subrogation. The Parties waive all rights against each other and their insurers, agents, representatives, and employees for recovery or damages caused by fire or other causes of loss to the extent covered by property insurance applicable to the Project. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged.
    • Casualty Loss. If any part of the Property is damaged or destroyed by fire, Owner shall remain obligated to pay NOMI for all work performed, materials supplied and that amount representing NOMI’s profit, which shall be proportionate to the amount of work performed. If Owner decides to rebuild the Project following the casualty loss, such election shall be communicated to NOMI in writing within thirty calendar days of such casualty and Owner and NOMI shall execute a separate agreement setting forth the terms therefore. NOMI shall have no liability to Owner for any expenses or damages resulting from any delay in completion due to such casualty.
    • Governing Law. This Agreement shall be governed by the laws of the State of Texas.
    • Severability. The partial or complete invalidity of any one or more provisions of this Agreement shall not affect the validity or continuing force and effect of any other provisions, which shall remain in full force and effect.
    • No Waiver. The failure of either party to insist, in any one or more instances, on the performance of any of the terms, covenants or conditions of this Agreement, or to exercise any of its rights, shall not be construed as a waiver or relinquishment of such term, covenant, condition or right with respect to further performance. The terms and conditions contained herein and any attachments hereto may be waived only by written instrument executed by the party waiving compliance. Any such waiver shall only be effective in the specific instance and for the specific purpose for which it is given and shall not be deemed a waiver of any other provision hereof.
    • Titles and Groupings. Any title or heading in this Agreement are for ease of reference only and shall not be relied upon or cited for any other purpose. The grouping of the articles in this Agreement under the various headings is solely for the purpose of convenient organization and in no event will the grouping of provisions, the use of paragraphs or the use of headings be construed to limit or alter the meaning of any provisions.
    • Joint Drafting. The parties hereto expressly agree that this Agreement was jointly drafted, and that they both had opportunity to negotiate its terms and to obtain the assistance of counsel in reviewing its terms prior to execution. Therefore, this Agreement shall be construed neither against nor in favor or either party, but shall be construed in a neutral manner.
    • Rights and Remedies. The parties’ rights, liabilities, responsibilities and remedies with respect to this Agreement, whether in contract, tort, negligence or otherwise shall be exclusively those expressly set forth in this Agreement.
    • Precedence. If any provision of this Agreement conflicts with or is inconsistent with any other provision of other Contract Documents, the provision of this Agreement governs.
    • Construction Mortgage & Contract Filing. This Contract constitutes a Construction Mortgage pursuant to Tex. Bus. & Comm. Code § 9.313. NOMI may record this document in the real property records of the county in which the Property is located as permitted thereby.
    • Texas Property Code. Section 27.007. The Contract is subject to Chapter 27 of the Texas Property Code. The provisions of that chapter may affect your right to recover damages arising from the performance of this Contract. If you have a complaint concerning a construction defect arising from the performance of this Contract and that defect has not been corrected through normal warranty service, you must provide notice required by Chapter 27 of the Texas Property Code to the Contractor by certified mail, return receipt requested, not later than the 60th day before the date you file suit to recover damages in a court of law or initiate arbitration. The notice must refer to Chapter 27 of the Texas Property Code, and must describe the construction defect. If requested by the Contractor, you must provide the Contractor an opportunity to inspect and cure the defect as provided by Section 27.004 of the Texas Property Code.

IMPORTANT DISCLOSURES

                                                                                                                         

IMPORTANT NOTICE: YOU AND YOUR CONTRACTOR ARE RESPONSIBLE FOR MEETING THE TERMS AND CONDITIONS OF THIS CONTRACT. IF YOU SIGN THIS CONTRACT AND YOU FAIL TO MEET THE TERMS AND CONDITIONS OF THIS CONTRACT, YOU MAY LOSE YOUR LEGAL OWNERSHIP RIGHTS IN YOUR HOME. KNOW YOUR RIGHTS AND DUTIES UNDER THE LAW.

 

Exhibit “A” - Texas Property Code Section 53.255 Disclosure Statement

KNOW YOUR RIGHTS AND RESPONSIBILITIES UNDER THE LAW. You are about to enter into a transaction to build a new home or remodel existing residential property. Texas law requires your contractor to provide you with this brief overview of some of your rights, responsibilities, and risks in this transaction.

CONVEYANCE TO CONTRACTOR NOT REQUIRED. Your contractor may not require you to convey your real property to your contractor as a condition to the agreement for the construction of Project on your property.

KNOW YOUR CONTRACTOR. Before you enter into your agreement for the construction of Project to your real property, make sure that you have investigated your contractor. Obtain and verify references from other people who have used the contractor for the type and size of construction project on your property.

GET IT IN WRITING. Make sure that you have a written agreement with your contractor that includes: (1) a description of the work the contractor is to perform; (2) the required or estimated time for completion of the work; (3) the cost of the work or how the cost will be determined; and (4) the procedure and method of payment, including provisions for statutory retainage and conditions for final payment. If your contractor made a promise, warranty, or representation to you concerning the work the contractor is to perform, make sure that promise, warranty, or representation is specified in the written agreement. An oral promise that is not included in the written agreement may not be enforceable under Texas law.

READ BEFORE YOU SIGN. Do not sign any document before you have read and understood it.

NEVER SIGN A DOCUMENT THAT INCLUDES AN UNTRUE STATEMENT. Take your time in reviewing documents. If you borrow money from a lender to pay for the Project, you are entitled to have the loan closing documents furnished to you for review at least one business day before the closing. Do not waive this requirement unless a bona fide emergency or another good cause exists, and make sure you understand the documents before you sign them. If you fail to comply with the terms of the documents, you could lose your property. You are entitled to have your own attorney review any documents. If you have any question about the meaning of a document, consult an attorney.

GET A LIST OF SUBCONTRACTORS AND SUPPLIERS. Before construction commences, your contractor is required to provide you with a list of the subcontractors and suppliers the contractor intends to use on your project. Your contractor is required to supply updated information on any subcontractors and suppliers added after the list is provided. Your contractor is not required to supply this information if you sign a written waiver of your rights to receive this information.

MONITOR THE WORK. Lenders and governmental authorities may inspect the work in progress from time to time for their own purposes. These inspections are not intended as quality control inspections. Quality control is a matter for you and your contractor. To ensure that your home is being constructed in accordance with your wishes and specifications, you should inspect the work yourself or have your own independent inspector review the work in progress.

MONITOR PAYMENTS. If you use a lender, your lender is required to provide you with a periodic statement showing the money disbursed by the lender from the proceeds of your loan. Each time your contractor requests payment from you or your lender for work performed, your contractor is also required to furnish you with a disbursement statement that lists the name and address of each subcontractor or supplier that the contractor intends to pay from the requested funds. Review these statements and make sure that the money is being properly disbursed.

CLAIMS BY SUBCONTRACTORS AND SUPPLIERS. Under Texas law, if a subcontractor or supplier who furnishes labor or materials for the construction of Project on your property is not paid, you may become liable and your property may be subject to a lien for the unpaid amount, even if you have not contracted directly with the subcontractor or supplier. To avoid liability, you should take the following actions:

(1) If you receive a written notice from a subcontractor or supplier, you should withhold payment from your contractor for the amount of the claim stated in the notice until the dispute between your contractor and the subcontractor or supplier is resolved. If your lender is disbursing money directly to your contractor, you should immediately provide a copy of the notice to your lender and instruct the lender to withhold payment in the amount of the claim stated in the notice. If you continue to pay the contractor after receiving the written notice without withholding the amount of the claim, you may be liable and your property may be subject to a lien for the amount you failed to withhold.

(2) During construction and for 30 days after final completion, termination, or abandonment of the contract by the contractor, you should withhold or cause your lender to withhold 10 percent of the amount of payments made for the work performed by your contractor. This is sometimes referred to as ‘statutory retainage.’ If you choose not to withhold the 10 percent for at least 30 days after final completion, termination, or abandonment of the contract by the contractor and if a valid claim is timely made by a claimant and your contractor fails to pay the claim, you may be personally liable and your property may be subject to a lien up to the amount that you failed to withhold.

If a claim is not paid within a certain time period, the claimant is required to file a mechanic’s lien affidavit in the real property records in the county where the property is located. A mechanic’s lien affidavit is not a lien on your property, but the filing of the affidavit could result in a court imposing a lien on your property if the claimant is successful in litigation to enforce the lien claim.

SOME CLAIMS MAY NOT BE VALID. When you receive a written notice of a claim or when a mechanic’s lien affidavit is filed on your property, you should know your legal rights and responsibilities regarding the claim. Not all claims are valid. A notice of a claim by a subcontractor or supplier is required to be sent, and the mechanic’s lien affidavit is required to be filed, within strict time periods. The notice and the affidavit must contain certain information. All claimants may not fully comply with the legal requirements to collect on a claim. If you have paid the contractor in full before receiving a notice of a claim and have fully complied with the law regarding statutory retainage, you may not be liable for that claim. Accordingly, you should consult your attorney when you receive a written notice of a claim to determine the true extent of your liability or potential liability for that claim.

OBTAIN A LIEN RELEASE AND A BILLS-PAID AFFIDAVIT. When you receive a notice of claim, do not release withheld funds without obtaining a signed and notarized release of lien and claim from the claimant. You can also reduce the risk of having a claim filed by a subcontractor or supplier by requiring as a condition of each payment made by you or your lender that your contractor furnish you with an affidavit stating that all bills have been paid. Under Texas law, on final completion of the work and before final payment, the contractor is required to furnish you with an affidavit stating that all bills have been paid. If the contractor discloses any unpaid bill in the affidavit, you should withhold payment in the amount of the unpaid bill until you receive a waiver of lien or release from that subcontractor or supplier.

OBTAIN TITLE INSURANCE PROTECTION. You may be able to obtain a title insurance policy to insure that the title to your property and the existing Project on your property are free from liens claimed by subcontractors and suppliers. If your policy is issued before the Project is completed and covers the value of the Project to be completed, you should obtain, on the completion of the Project and as a condition of your final payment, a ‘completion of Project’ policy endorsement. This endorsement will protect your property from liens claimed by subcontractors and suppliers that may arise from the date the original title policy is issued to the date of the endorsement.

Exhibit . "B" - NOTICE OF CANCELLATION

YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM EXECUTING THE CONTRACT TO WHICH THIS APPLIES.

IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE MERCHANT OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.

IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE MERCHANT AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE MERCHANT REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE MERCHANT’S EXPENSE AND RISK.

IF YOU DO NOT AGREE TO RETURN THE GOODS TO THE MERCHANT OR IF THE MERCHANT DOES NOT PICK THEM UP WITHIN 20 DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION.

TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM, TO NOMI AT THE ADDRESS ABOVE BY NOT LATER THAN MIDNIGHT OF THE 3RD DAY AFTER THE EXECUTION OF THIS CONTRACT. 

I HEREBY CANCEL THIS TRANSACTION.

FOR OUR COMMUNITY

NÖMI is socially obligated to give back the community that is constantly helping us grow.

If you know a great cause or a family in a need of home improvement, that we might be able to help, we’ll be happy to reach out with one of our home remodeling specialists and change others’ lives.

Let’s make Dallas greater than it is.

Dallas STRONG!

ANGELS IN WHITE – COVID-19, DFW

The COVID-19 is a war, and the soldiers in the front lines are the medical teams that fight for each one of us. Those days, we create “Thank you boxes” with small things that might make their days a little bit sweeter. We would love to give each one of our boxes with a personal thank you note – thank you note from you and your family. Email us your thank you note, and we will attach it to our boxes. have your kids decorate it and help us spread the love.

Email: Joseph@nomicustomhome.com

COVID-10 JOSEPH & BERRY DALLAS

OUR MONTHLY COMMITMENT

One a month our team stop it all and join our friends at the bridge of Dallas to help the people in our community to stand back on their feet.

FOR OUR NEIGHBORS

Bathroom Remodeling, Plano Tx

Meet Kelly, our heroine, who battles cancer at the age of 12.

NÖMI Remodel Design Build had the privilege to be part of changing Kelly’s life by remodeling her master bathroom and making it more comfortable and easier for her to keep her day-to-day routine after released from the hospital.

Hurricane Harvey, Tx

Our hearts go out to see the picture and read the information on the media. We are humble and thankful for the opportunity to donate vital products and money to varies organizations in order to help south Tx.

Please join us in that extremely important cause and help change other’s lives.

LATEST AWARDS