IMPORTANT/URGENT DISCLOSURE ATTACHED TO ALL PALMIERI CONSTRUCTION CONTRACTS 

This disclosure applies for all Palmieri Construction, LLC contracts.  Please read this disclosure in its entirety.  It is a part of your Palmieri Construction, LLC contract / estimate (should you choose to proceed with work) and is very important to know and understand prior to commencement of work. It will be the responsibility of the customer to read these disclosures prior to authorizing work on customer's property. If you require a paper copy of these disclosures please click here and/or contact our office at info@palmiericontractors.com or by faxing our office at (888) 591-2117 to request a paper copy prior to authorizing the work. If you have no access to a computer or electronic disclosures such as this it is noted on your estimate that you have the right to a paper copy of these disclosures delivered to you prior to the commencement of work. However, it is the responsibility of the customer to make the contractor aware of such a contingency prior to authorizing/signing the estimate. If you fail to make such a request prior to authorizing the work and change your mind you are still subject to these terms and conditions.


* Disclosures for any Estimate, Proposal for Work, and or Contract:

DISCLOSURE TO ALL PALMIERI CONSTRUCTION CONTRACTS

This disclosure applies for all Palmieri Construction, LLC contracts, estimates, and projects. Please read this disclosure in its entirety prior to signing or proceeding with your estimate, contract, or project. It is a part of your Palmieri Construction, LLC contract.

RESOLVED it is agreed that throughout this disclosure the word “contract” is defined as any agreement, estimate, proposal, work order or authorization (verbally or written) to start work on customer’s property.

You are entitled to a paper copy of this disclosure if you ask our company for a paper copy at info@palmiericontractor.com

or via fax at (888) 591-2117 PRIOR to signing your contract, estimate, disclosure or commencement of either. You may also contact us at (855) 842-3746 Ext. 4 and leave a message that you would like a copy of this disclosure as well. We must have a message, fax, or email record of your request for a paper copy of this, if applicable and required by you. You may also access a paper version of these disclosures as well as a right of recission and change order modifications by clicking here. Otherwise, it is understood and agreed that this electronic version is acceptable and accessible to you.

DISCLOSURE

Customer agrees contractor’s notification for all pending balances/costs associated with customer’s contract shall be made via email to customer‘s email of record, but contractor is not required to and this does not supplement customer‘s obligation to keep track of and meet all contractual balances and progress payments owed as customer‘s project(s) proceed independently. Customer is to keep track of customer’s balances owed and pay all payments/balances owed without demand time being of the essence. What this implies is that if your contract states you owe $30 on the 3rd day since start of work - you must pay $30 since the 3rd day since start of work regardless of whether or not you are reminded and on time.

*All payments are due contractor as noted on customer‘s contract and/or estimate, without notice or demand or additional customer terms and conditions imposed at such time, time being of the essence hereof the day work is completed

In the event of customer defaults in the payment of any of the said installments when due as herein provided on customer‘s contract or estimate or agreement, with time being of the essence hereof, contractor may, without notice or demand, declare the entire principal sum then unpaid immediately due and payable for such materials and labor due at such time. At contractor’s discretion and as a courtesy contractor may choose to provide customer with a detail of such charges. Warranties, if applicable, and if applicable as noted on the customer‘s contract, shall be contingent upon customer’s timely payments as stipulated in customer‘s contract. It is further agreed that any default in payments or in customer’s contractual obligations and contractor will be under no obligation to honor any warranties as a result.

** / * Any quotes for materials and labor does not include plywood or plywood overages and labor associated with such overages, if necessary. Special order materials are non-refundable and customer shall be responsible for any and all costs associated with special order materials, if applicable. All contracts do not include labor and materials for repair of latent material defects, if applicable, at time of proposal/estimate or material and associated labor charges / overages or material upgrades and labor necessary to complete the targeted work or permit fee(s) or increases in the cost of materials/permit fees, if applicable. By signature on customer’s contract and/or below you agree to all of these potential charges regarding (as just an example) plywood and material necessary for successful completion of said repair(s) as noted above. In example (but not limited to such example), some roof repairs require additional framing, plywood, and other elements than initially anticipated once the contractor has had the opportunity to remove old layers and expose underlaying layers -- repairs which were otherwise not visible yet latent and those of which must be repaired to complete contract objectives. By your signature on your contract you agree to pay for any such repairs that are necessary (including materials and labor overage costs as a result) to do so. This is why the homeowners’ thorough disclosure as per your roof’s exact age, amount of layers existing, and all other factors you know (leaks, etc.) regarding your repair are critical to disclose in the proposal stages. All promotions and warranties, if applicable, are valid only upon fulfillment of customers’ entire contractual obligations in full including all material and labor overage charges, if applicable and, at any time contractor may choose to cease working at any given time if customer falls behind in the payment schedule noted on this contract or with respect to these charges. Customer agrees that if customer defaults this contract contractor has no obligation to customer furthermore whatsoever at the time of default.

In advance of commencement of work it is agreed that Customer must remove all personal belongings (e.g.: patio furniture, fixtures, potted plants, windows should be shut, etc.) and protect all garden areas / bushes - contractor not responsible for damages to these items if customer fails to protect and/or remove items. If customer fails to remove such items and contractor removes or protects such items to give him access to work zones contractor is to be held harmless of any damages claimed as a result of such and may charge customer reasonable rates to do so. This is why we strongly encourage customers to take all measures to be sure contractor has full access without having to move items or protect all areas. Customers understand that all areas must be kept free of persons and items while work is in progress for safety reasons. Any people or items left in/crossing into areas of work zones must proceed at their own risk and hold contractor harmless if they choose to do so.

*+All promotional terms (e.g.: gutter promotions) and conditions are located on our website at www.PalmieriContractors.com/promotions. By signing your Palmieri Construction, LLC estimate/ contract customer verifies having read completely, understands, and agrees to these terms and conditions.

Please note: Any alteration from this contract’s specifications involving extra costs, inclusive of but not limited to existing latent damage discovered (e.g. if a wall is discovered to have framing issues, etc.) subsequent to commencement of work and execution of this contract preventing above repair objectives unless remedied and that of which would add further cost above and beyond the scope of this contract’s objectives and agreed upon price for time in labor and materials to repair may, at the discretion of the contractor, become an extra charge over and above the charges detailed in this contract and final payment of which is due immediately upon notification of such charges being incurred. By signing this contract you agree to these charges, if applicable.

CONTRACT CHANGE MODIFICATIONS

All customer requested change modifications (blank copy attached to this contract and also available on our website at PalmieriContractors.com/forms) to this contract must be in writing with the signature and approval of contractor.

All agreements contingent upon strikes, accidents, illnesses, inclimate weather and/or delays beyond our company’s control. Your proposal /estimate may be withdrawn without notice within five (5) days from receipt unless extended in writing by the contractor. If you accept your proposal / estimate please sign estimate and return it to our office within this time period. No changes to this contract will be valid unless contractor agrees to such changes in writing.

****Contractor reserves the right to charge reasonable late fees and/or collection/attorneys fees and interest in the event contractor is not paid as agreed in this contract and no warranties shall apply until customer pays for all contractual obligations to the satisfaction of the contractor, as agreed under the terms of customer’s contract and this disclosure. All payments customer is required to make must be made on a time is of the essence payment basis without demand and without prejudice as specified in this contract. Late payments may be subject to late fee(s) allowed by law - the amount of which may be subject to change from time to time.

If this proposal is acceptable all owners of the property may sign below. ^ Use and cost of custom products that exceed and are to replace allocated costs for other products within this contract to match existing product(s) may be charged to customer above and beyond this contract’s price. No guarantees can be made on exact matches if customer agrees to use products supplied by contractor within the scope of this contract, by signature below. If applicable (e.g.: Group homes, commercial projects, etc.) , no lien waivers will be provided until all payments have been made under the terms of this contract to the contractor’s satisfaction.

All personal items must be removed prior to commencement of work by the homeowner(s) and/or tenants. Palmieri Construction, LLC is not responsible for items left in work zone after commencement of work nor do we move items for customers. Please Note: Please do not enter work zones or areas adjacent to work zones within a safe radius distance (e.g.: 50 ‘) while work is in progress and please notify (homeowners to notify and/or property managers and/or association members) all persons located on the premises that work will be in progress prior to commencement of work and to stay clear of all work zones in this capacity. In the event that Palmieri Construction, LLC must leave work equipment in work area while work is in progress, under no circumstance is anyone permitted to use, move, or operate equipment and/or tools belonging to the construction company including dumpsters (please no unauthorized throwing of items in our dumpsters - if unauthorized items are thrown in our dumpsters we reserve the right to take them out and/or charge for their removal in addition to this contract’s price. By your signatures on your estimate / proposal / contract you confirm that you agree to these terms and conditions and understand them completely.

By signature(s) contained in your contract you acknowledge your receipt of the EPA’s “Protect Your Family From Lead in Your Home” Pamphlet available at http://www.epa.gov/lead/pubs/leadprot.htm. If you require a paper copy please notify us before signing this contract and we will provide you with a pamphlet - please ask for one at info@palmiericontracors.com PRIOR to signing your agreement with our company and prior to the start of work if you require one. Palmieri Construction is an EPA approved renovator pursuant to Section 402 of TSCA*** - EPA Certification # NAT-80343-1. You also certify, by your signature on your contract, you have received a copy of this contract. Unless indicated otherwise, you will receive your contract via email copy to the email you have indicated on file for your contract.

(if applicable)

Terms and Conditions of all Warranties, if applicable as noted on your contract:

Qualifying contract(s) must be agreed upon and signed by both customer and contractor.

Customer must keep all contractual promises - without notice or demand - this is very important. If you fail to pay your progress payments on time this will be considered a breech of your contractual promises.

If applicable, any and all warranties may be withdrawn without any obligation to customer should customer fail to keep contract agreement and/or fail to remit contract balance(s) owed as per contract to contractor over the duration of the contract and upon completion of any qualifying contract.

all warranty approvals are at discretion of contractor utilizing these basic guidelines

Contractor will notify customer upon “completion” of objectives of contract

In the event customer falls behind in progress payments (or any payments) mentioned in this contract -- contractor reserves the right to follow procedures above and/or install free gutters only after “all” balances due under this contract’s terms (including late fees) are paid to contractor’s satisfaction.

Please be advised as prescribed by Sate Law we request all owners of the property must sign this contract. If you need additional space for more signature lines please use margins of paper. If you are a property manager, construction manager, or agent on behalf of a property owner, please attach the authorization you have signed by the property owners (e.g., power of attorney and/or a property manager’s authorization by a board of directors to act on behalf of a condo complex), etc.

Thank you.

You may print this form and fax it to us at (888) 591-2117 or via email to info@palmiericontractors.com

. By signing this you are promising and representing to our company that you are the legal owner(s) of this property.

I/We have read and understand all the terms and conditions of this proposal/contract and this Proposal/contract Is Accepted,Sign Name: X__________________________________Print Name: X__________________________________

Date: X__________________________________

Please be advised that you have a legal three (3) day right of rescission to cancel your contract. If you cancel this contract within 3 days from acceptance (the date you sign it) you agree to be responsible for any balances due for labor and materials.

Owner 2 (or legally authorized representative - please attach authorization): I have read all the terms and conditions of this proposal and this Proposal Is Accepted,Sign Name: X_________________________________Print Name: X_________________________________ Date: X_________________________________

All owners of property must sign. Please use margins if more than two owners - sign, print name, and date for each

Please be advised that you have a legal three (3) day right of rescission to cancel this contract. If you cancel this contract within 3 days you agree to be responsible for any balances due for labor and materials. Thank you for considering Palmieri Construction. If you should have any questions or need further clarification regarding this proposal please do not hesitate to contact our office at (860) 349-7085.

This Proposal, Respectfully Submitted,

Douglas Palmieri, President
Palmieri Construction, LLC

Licensed and Insured in Connecticut

License # HIC.0618926

Federal EPA Certification # NAT-80343-1***

6 Way Road
Middlefield, CT 06455
PalmieriContractors.com

Info@PalmieriContractors.com
Office (860) 349-7084
Fax (866) 519-1511

Please be advised that some towns/cities require written authorization of all owner(s) to commence work prior to obtaining a permit. Please sign authorization below and use margins if more than one owner to place add‘l owner‘s name, signature, and date.

Written Authorization to Commence Work

By signing your estimate / proposal / contract you agree that the above disclosures, and the prices contained in your contract, specifications, and conditions are satisfactory and are hereby accepted. Please be advised that by your signature on your contract you are authorizing Palmieri Construction to do the work as specified in your entire bid / estimate / contrat proposal.

Please be advised that you have a three (3) day right of rescission to cancel this contract. If you cancel this contract within 3 days you agree to be responsible for any balances due for labor and materials.

(or legally authorized representative - please attach authorization):

Date: X_______________________________________

Signature: X________________________________________

Print Name: X________________________________________

Date: X________________________________________

Signature: X________________________________________

Print Name: X_______________________________________

Please sign on margins if more space is needed. You may fax your executed estimate / contract to: Palmieri Construction, llc @ (888) 591-2117 (no cover sheet is necessary), scan it as a PDF and email it to DouglasPalmieri@PalmieriConstruction.com, or mail or deliver original contract to (you may drop it off with one of our receptionists from 9 a.m. to 4 p.m. Monday through Friday): Palmieri Construction, llc, 6 Way Road, Middlefield, CT 06455. After your contract has been received our office will deliver a copy to you via email, fax, or mail. Please indicate your email address or fax number to deliver a copy of this contract to here:

Email address and/or fax no: ___________________________________________

Licensed In CT

NOTICE OF CANCELLATION

This notice is required by state law to be included with all construction contracts

In the event of cancellation as described in this contract please Fax to (888) 591-2117

(no cover sheet is necessary)

Date of Transaction printed here: _____________________

Address of Transaction: _____________________________

Name(s) of Owner(s): ______________________________

YOU MAY CANCEL THIS TRANSACTION WITHOUT ANY PENALTY OR OBLIGATION* WITHIN THREE (3) BUSINESS DAYS FROM THE DATE WHICH YOU AND THE CONTRACTOR, PALMIERI CONSTRUCTION, LLC, EXECUTED YOUR CONTRACT. *If you cancel this contract within 3 days you agree to be responsible for any balances due at such time for labor and materials.

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 TEN BUSINESS DAYS FOLLOWIING RECEIPT BY THE SELLER /CONTRACTOR AT FAX NUMBER (866) 519-1511 OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST OUT OF THE TRANSACTION WILL BE CANCELLED.

IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE CONTRACTOR OR SELLER AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN IT WAS RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY, IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE CONTRACTOR / SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE CONTRACTOR / SELLER’S EXPENSE AND RISK. IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER / CONTRACTOR AND THE SELLER /CONTRACTOR DOES NOT PICK THEM UP WITHIN TWENTY DAYS (20) OF THE DATE OF THIS CANCELLATION MADE IN WRITING TO FAX NUMBER (866) 519-1511, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER / CONTRACTOR OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER / CONTRACTOR AND FAIL TO DO SO THEN YOU REMAIN LIABLE FOR THE PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT. TO CANCEL THIS TRANSACTION FAX OR SEND BY CERTIFIED U.S. MAIL THIS CANCELLATION OR ANY OTHER WRITTEN NOTICE TO FAX NUMBER (866) 519-1511 OR (VIA CERTIFIED US MAIL) TO ADDRESS: PALMIERI CONSTRUCTION, LLC 6 WAY ROAD, MIDDLEFIELD, CT 06455 NOT LATER THAN THE THIRD DAY AT MIDNIGHT SUBSEQUENT TO EXECUTION OF YOUR CONTRACT. I (WE) HEREBY CANCEL THIS TRANSACTION (PLEASE ALL OWNERS TO SIGN).

__________________________________ _____________________

NAME - OWNER 1 DATE

__________________________________ _____________________

NAME - OWNER 2 DATE

Change Order Modification - THIS FORM MUST BE APPROVED AND SIGNED BY CONTRACTOR AND/OR CONTRACTOR’S AUTHORIZED REPRESENTATIVE

The below detailed Change Order Modification and any additional costs (if applicable) is agreed by both Contractor and Owner as detailed below and is attached to the original contract:

 

Please detail proposed changes/additions and cost(s) to contract here:

Name of Contract (date and owners’ names and addresses):

______________________________________________________________________

______________________________________________________________________

 

 

 

 

 

 

 

Agreed this _____ day of _________, 2011.

 

___________________________________________________________

Contractor, Palmieri Construction

_________________

Date

___________________________________________________________

 

To be agreed upon and signed by contractor for change order to be valid. No changes to this contract will be valid unless contractor agrees to such changes in writing.