Residential services agreement.

1. The parties and the project

This agreement is between JayJe, of 6749 Fulton St E, Ste A #2333, Ada, MI 49301, United States, and the owner or authorized occupant of the property where the work is to be done, named on the signature page as the Owner. The property, the Owner's contact details, the scope of work, the price, the payment schedule and the planned dates are set out on the signature page and the attached scope, which form part of this agreement.

Where Michigan's Occupational Code requires a residential builder or maintenance-and-alteration contractor license for the work, JayJe's license number is printed on the signature page. A residential builder in Michigan cannot bring a claim for compensation without a written contract signed by the parties that carries that number, which is one reason this agreement exists.

2. What the work includes

JayJe will perform the work described in the attached scope, in a workmanlike manner, in accordance with the building codes and ordinances that apply where the property sits.

Unless the scope says otherwise, the price includes:

• All labor needed to carry out the described work, including supervision and the coordination of any trades JayJe brings in.
• The materials, fittings and equipment listed in the scope, of the grade named there, delivered to the property.
• Ordinary tools, ladders, scaffolding, power and consumables used to do the work.
• Protection of floors, surfaces and finishes in and around the work area for the duration of the work.
• Daily tidying, removal of JayJe's own debris and off-site disposal of the material JayJe removes.
• Applying for the permits named in the scope and meeting the inspector on site for the inspections those permits require.
• A final walkthrough with the Owner and the correction of items identified on it.
• The workmanship warranty in section 13.

3. What the work excludes

Unless an item is written into the scope or added by a signed change order, the price does not include:

• Conditions that could not be seen before work began: rot, insect damage, failed framing, mold, corroded or undersized supply and waste lines, wiring that does not meet code, missing insulation, or anything else concealed behind a finished surface or below grade. Section 6 covers these.
• Removal, encapsulation or disposal of asbestos, lead paint, mold or other hazardous material. Section 11 covers these.
• Work required by an inspector to bring an existing part of the property up to current code, where that part was not in the scope.
• Engineering, architectural or design drawings, surveys, soil tests, energy calculations and anything else a permit office asks to be prepared by a licensed design professional.
• Permit, plan review, impact and inspection fees charged by the municipality, unless the scope states they are included. These are charged at the amount the authority charges, with no markup.
• Association, historic district or deed-restriction approvals, and any fee or condition attached to them.
• Moving, storing or protecting the Owner's belongings, furniture, appliances, window treatments, wall hangings and vehicles.
• Restoring landscaping, lawn, irrigation, driveways and walks disturbed by necessary access or by excavation.
• Relocating utility services, meters, or lines owned by a utility company, and any charge that utility makes.
• Repair of pre-existing defects, settlement, or damage that is not part of the described work.
• Matching existing finishes, paint colours, tile lots, trim profiles, brick, siding or flooring that is discontinued or no longer available. JayJe will offer the nearest available match for the Owner's approval.
• Cosmetic settlement cracking in drywall, plaster, grout and caulk that appears after completion as a building moves with the seasons.
• Work on a structure the Owner does not own or is not authorized to alter.
• Items the Owner supplies, beyond installing them. Section 10 covers Owner-supplied material.
• Warranty, service or monitoring plans offered by a manufacturer or a third party.
• Overtime, weekend or holiday working, unless the scope prices it.
• Final cleaning beyond the removal of JayJe's own debris.

Nothing in this section prevents any of it being done. It sets out what is not paid for by the price on the signature page, so that a change is priced and agreed rather than assumed.

4. Price and payment

The price, and whether it is a fixed sum, a sum against listed allowances, or work charged at time and materials, is stated on the signature page along with the payment schedule.

• A deposit becomes due on signing and is applied against the price.
• Progress payments become due as the stages named in the schedule are reached, and are payable within the number of days stated there.
• The closing payment becomes due on substantial completion, once the work is usable for its purpose, less any amount the parties agree to hold for outstanding items on the walkthrough list.
• Time and materials work is charged at the labor rates on the signature page plus the documented cost of materials and the stated markup, supported by records made available to the Owner on request.
• An allowance is an estimated sum for an item the Owner has yet to choose. Where the chosen item costs more or less than the allowance, the difference is added to or taken off the price by change order.

Payment is made through the JayJe account portal, where each invoice and its receipt are kept. Late payment is dealt with in the terms of service. JayJe may suspend work on written notice while an undisputed amount remains unpaid past its due date, and the schedule extends by the length of that suspension.

5. Changes to the work

Either party may propose a change. A change becomes part of this agreement only when it is written down, priced, and signed or accepted in the account portal by both parties before the work is carried out.

A change order states what is being added or removed, what it does to the price, and what it does to the schedule. Once it is signed, the price and the dates in it replace the earlier ones for that part of the work.

JayJe will not perform extra work on a verbal instruction and will not invoice for extra work that has no signed change order behind it. This protects both parties: the Owner is never billed for something they did not approve, and JayJe is never asked to absorb work it was told to do.

6. Conditions that could not be seen

Work in an existing building sometimes uncovers something nobody could have known about. If JayJe finds a concealed condition that differs materially from what the scope assumed, JayJe will stop that part of the work, tell the Owner promptly, and describe what has been found and what it will take to put right.

The Owner then decides how to proceed. Any correction is priced and agreed as a change order under section 5 before it is carried out. The schedule extends by the time the stoppage and the corrective work take. If the Owner chooses not to proceed, JayJe will make the area safe, and the parties will deal with the remainder of the work or with termination under section 17.

7. Permits and inspections

JayJe applies for the permits named in the scope in JayJe's name where the law requires the contractor to hold them, and meets the inspector for the inspections those permits call for. The Owner signs anything the authority requires from the property owner and gives the inspector access.

Permit and inspection fees are the Owner's, at cost, unless the scope states otherwise. JayJe is not answerable for how long an authority takes to issue a permit or to inspect, and the schedule extends by any delay that causes. Where the work needs a design professional's drawings, the Owner engages them unless the scope prices that engagement.

8. The Owner’s responsibilities

• Give JayJe and its trades safe access to the work area during the agreed working hours, and to electricity and water where the work needs them.
• Clear the work area of belongings, furniture, window treatments and vehicles before work begins, and keep children and pets out of it while work is under way.
• Point out, in writing before work begins, anything on the property JayJe would not otherwise know: buried utilities, private wells, septic fields, irrigation lines, invisible fencing, alarm and camera systems, and any known defect.
• Make choices and approvals, and answer questions, within the time the schedule allows, so that work is not held up.
• Tell JayJe if the property is owned by anyone else, is subject to an association or historic district, or is a rental, and obtain any permission that requires.
• Keep property insurance in force on the building throughout the work.

Where a delay or a cost is caused by one of these not being done, the schedule extends accordingly and the cost is added by change order.

9. Schedule and delay

JayJe will start and finish within the dates on the signature page, working continuously in a manner suited to the size of the job. Those dates assume ordinary conditions.

Neither party is in breach for a delay caused by something outside its control: weather that makes the work unsafe or unsound, a supplier's failure to deliver, a shortage of material, an authority's delay, a strike, a fire or flood, an act of government, or an epidemic. The party affected tells the other promptly and the schedule extends by a fair period. Extended delay is dealt with under section 17.

10. Materials, substitutions and Owner-supplied items

Materials are new and of the grade named in the scope unless the scope says otherwise. Where a named material is unavailable or its lead time would hold up the work, JayJe may propose a substitute of the same or better quality; the Owner's written approval is needed before it is used, and any price difference goes through a change order.

Material delivered to the property and paid for becomes the Owner's, though JayJe keeps the risk in it until it is installed. Title to material not yet paid for stays with JayJe.

Where the Owner supplies an item, the Owner is answerable for it being suitable, complete, undamaged, code-compliant and on site when the schedule needs it. JayJe warrants its installation but gives no warranty on the item itself, and time spent waiting for it, collecting it, returning it or working around a fault in it is charged as a change.

11. Hazardous material and older homes

JayJe does not carry out asbestos, lead or mold abatement. If JayJe encounters or suspects any of them, JayJe will stop work in that area, leave it undisturbed, and tell the Owner at once. The Owner engages a qualified abatement contractor at the Owner's cost. Work resumes when the area is cleared and, where the law requires it, documented as cleared. The schedule extends by that period.

Where the work disturbs painted surfaces in housing or a child-occupied facility built before 1978, the federal lead paint renovation, repair and painting rule applies. JayJe follows the lead-safe work practices that rule requires and gives the Owner the pamphlet it requires before work begins. Where the rule calls for a certified firm and a certified renovator, JayJe performs the work through one.

12. The work area and the property

JayJe protects floors, surfaces and finishes in and around the work area, keeps the area in reasonable order day to day, and removes its own debris. On completion JayJe leaves the area broom clean and takes away surplus material, packaging and equipment.

JayJe is answerable for damage to the property caused by JayJe or its trades and will repair it or make it good. JayJe is not answerable for damage that follows unavoidably from the work described in the scope, such as marks where a wall had to be opened, or for wear to access routes that the work makes necessary and that the scope does not price restoring.

13. Workmanship warranty

JayJe warrants its workmanship for one year from substantial completion, or for the longer period stated on the signature page. If a defect in JayJe's workmanship appears in that period, tell JayJe in writing; JayJe will inspect and, where the claim is good, repair or replace the defective work at no charge.

Manufacturer warranties on equipment, fittings and materials pass to the Owner and are honoured by the manufacturer on its own terms and for its own period. JayJe will help the Owner make a manufacturer claim but does not stand behind the product itself.

The warranty does not cover:

• Ordinary wear, or damage from misuse, accident, or lack of the maintenance the manufacturer specifies.
• Work altered, repaired or added to by anyone other than JayJe.
• Cosmetic settlement cracking in drywall, plaster, grout and caulk, and the shrinkage, expansion and movement natural to wood and other materials.
• Items the Owner supplied, other than JayJe's installation of them.
• Damage caused by a condition JayJe was not engaged to correct, by a failure elsewhere in the building, or by weather, flood or other casualty.
• Work for which JayJe has not been paid in full.

This warranty is given to the Owner named on the signature page and is not transferable unless JayJe agrees in writing. It does not reduce any right the Owner has under Michigan law that cannot be waived.

14. License, insurance and trades

JayJe holds the license its work requires under Michigan's Occupational Code, and the license number is printed on the signature page where a license applies. JayJe carries general liability insurance, and workers' compensation cover where Michigan law requires it; the carrier and limits are stated on the signature page, and a certificate is provided on request.

JayJe may bring in licensed trades for parts of the work. JayJe remains answerable to the Owner for their work and pays them; the Owner has no separate contract with them and should direct every instruction and question through JayJe.

15. Construction lien notice

Michigan's Construction Lien Act gives a contractor, subcontractor, supplier or laborer who provides an improvement to a property a right to place a lien on that property if they are not paid. The Act requires a residential building contract to carry a notice of that right, in the form the Act sets out, and that notice is printed in full on the signature copy of this agreement above the signature block.

In practical terms: keep the record of what you pay, ask JayJe for a sworn statement listing the trades and suppliers on your job before a progress payment, and ask for waivers of lien from each of them as they are paid. JayJe supplies both on request. Paying JayJe in accordance with this agreement, and collecting those waivers, is how an owner protects the property against a lien from someone further down the chain.

16. Your right to cancel

If the Owner signs this agreement at the Owner's home rather than at JayJe's place of business, Michigan's Home Solicitation Sales Act gives the Owner three business days to cancel it, without cost and without giving a reason. The signature copy carries the notice of that right and a dated cancellation form to send back. Cancelling within that window ends the agreement, and any deposit is returned.

The Owner may ask JayJe in writing to begin work inside the three days. Where the Owner does, and then cancels, the Owner pays for the work performed and the material committed up to the cancellation.

17. Suspension and ending the agreement

The Owner may stop the work at any time by written notice. Where the Owner does, the Owner pays for the work performed to that point, for material ordered or delivered for the project, for charges JayJe cannot cancel, and for the profit and overhead on the completed portion at the rate the price implies.

JayJe may stop the work on seven days' written notice if an undisputed payment is more than fifteen days late, if the Owner prevents access or refuses to make a decision the schedule needs, if the work area is unsafe, or if a concealed condition or hazardous material makes the described work impracticable and no change order is agreed. Either party may end the agreement if a delay under section 9 runs beyond sixty days.

On ending, JayJe leaves the work in a safe and weather-resistant condition, issues a closing invoice on the basis above, and hands over permits, approvals and warranty documents for the completed work.

18. Limits on liability

Nothing in this agreement excludes liability for death or personal injury caused by negligence, for fraud, or for anything else Michigan law does not permit to be excluded.

Beyond that, neither party is answerable to the other for indirect or consequential loss, for loss of income, or for loss of use. JayJe's total liability under this agreement is limited to the price stated on the signature page. The Owner's remedy for defective workmanship is the warranty in section 13.

19. Disagreements

If something goes wrong, tell JayJe in writing what it is and what you want done. JayJe will respond within seven days and will meet the Owner at the property if that helps. Most things end here.

If it does not, the parties will try mediation with a mediator they both accept in Kent County, Michigan, sharing the mediator's fee, before either of them files anything. Either party may still apply to a court for an urgent order, and either may bring a claim in small claims court. Anything filed is filed in the state or federal courts sitting in Kent County, Michigan, and this agreement is governed by Michigan law.

20. The whole agreement

This agreement, the signature page, the attached scope, the notices the law requires, and any signed change order are the whole of what is agreed, and they replace every earlier estimate, proposal, drawing, message and conversation. Where they conflict, a signed change order comes first, then the signature page, then the scope, then this text.

A change to this agreement is effective only in writing signed or accepted in the portal by both parties. If a court finds part of it unenforceable, the rest continues. Neither party may assign it without the other's written agreement, except that JayJe may bring in trades under section 14. Notices go to the addresses on the signature page and to JayJe at 6749 Fulton St E, Ste A #2333, Ada, MI 49301, United States.