HOME IMPROVEMENT
CONTRACT
Mr. Stephen Borgerding
BORGERDING CONSTRUCTION, INC.
850 N. 4th Street
El Cajon, CA 92019
Email • BCSTEVE@COX.NET
California License No. 519925 B
This Home Improvement Contract is entered into by and between Borgerding
Construction, Inc. (“Contractor”) and ______________ (“Owner”) whose residence
address is ______________________________________________, and whose
project address is _________________________________________________.
Legal Description of Project is ____________________________.
A.P.N.: ___________________.
Owner signed this Home Improvement Contract on ________________.
You, the Owner/buyer, may cancel this transaction at any time prior to midnight of the
third business day after the date of this transaction. The Notice of Cancellation may be
sent to the Contractor Borgerding Construction, Inc. at 850 N. 4th St., El Cajon, CA
92019. Owner/buyer may also use the Notice Of Right To Cancel contained within this
contract.
List of Documents Attached/Incorporated in the Home Improvement Contract:
The contract documents consist of the following documents:
1.
2.
3.
4.
This Home Improvement Contract.
Sample Change Order.
Mechanics Lien Warning.
Three-Day Right to Cancel Notice
Description of the Project and Description of the Significant Materials to be Used
and Equipment to be Installed:
Contractor will furnish all labor and materials to construct and complete in a good,
workmanlike and substantial manner: See Exhibit “A” (attached).
Contract Price:
The Contract Price is $_______________.
Page 1 of 14
BORGERDING CONSTRUCTION , INC.
850 n. 4TH St., El Cajon, CA 92019
(619) 504-0524
(619) 328-0316 Fax
Initial _____
_____
Down Payment:
The Down Payment is in the amount of $1,000.00. (10% or $1,000.00, whichever is less).
Schedule Of Progress Payments:
The schedule of progress payments is represented below.
No. Description of When Progress Payments Are Due
Amount
Total Contract Amount
1
*Down Payment (10% or $1,000.00, whichever is less)
Remaining Balance
2
3
4
5
6
7
After Completion of project
Total Payments
The schedule of progress payments must specifically describe each phase of work,
including the type and amount of work or services scheduled to be supplied in each
phase, along with the amount of each proposed progress payment. IT IS AGAINST
THE LAW FOR A CONTRACTOR TO COLLECT PAYMENT FOR WORK NOT YET
COMPLETED, OR FOR MATERIALS NOT YET DELIVERED.
HOWEVER, A
CONTRACTOR MAY REQUIRE A DOWN PAYMENT AS SET FORTH ABOVE.
Upon satisfactory payment being made for any portion of the work performed, the
Contractor shall, prior to any further payment being made, furnish the Customer a full
and unconditional release from any claim or mechanic’s lien pursuant to Section 3114 of
the Civil Code for that portion of the work for which payment has been made.
Any alteration or deviation from specifications herein involving extra cost of material,
labor, design, and/or permits will only be performed upon the execution of written
Change Orders for same and will become an extra charge over the sum referenced in
this contract. All agreements and changes must be in writing.
If Contractor furnishes a joint control, Contractor represents and warrants it does not
have any financial or other interest in the joint control.
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BORGERDING CONSTRUCTION , INC.
850 n. 4TH St., El Cajon, CA 92019
(619) 504-0524 (619) 328-0316 Fax
Initial _____
_____
Payments due and unpaid under the contract documents shall bear interest from the
date payment is due at the legal prevailing rate at the place of the project. There is a
$50 service charge for all returned checks.
All progress payments are required within one (1) day from date the work is completed.
If Owner fails to do so, Owner covenants to pay contractor the sum of ten (10%) percent
on the amount then due, as liquidated damages. The ten (10%) percent liquidated
damages is a sum equal to the additional bookkeeping, interest and administrative cost
contractor will incur and is agreed by Owner and contractor the ten (10%) percent is the
reasonable expense the contractor will incur for any and all late payments. Work will
also be halted until progress payments are made.
Acceptance of any late payment will not constitute a waiver on the part of the contractor
for any further payments and obligations of owner under this agreement.
Substantial Commencement of Work:
Substantial commencement of the work will occur when the physical demolition phase
of the work begins. Project as defined will require approximately ___ days to complete
from substantial commencement of work. Days to complete are business days and
exclude all federal and state holidays. Some work may be performed away from the
subject property. Substantial commencement of work will not occur until Owner has
obtained all necessary governmental approvals and building permits. Contractor shall
not be responsible for delays that take place due to third parties including material
suppliers. Contractor will not be responsible for delays due to Acts of God, natural
disasters, war, or any other event out of Contractor's control, whether or not it may be
foreseeable.
Approximate Start Date:
The approximate start date for this project is ___To Be Determined_____
Approximate Completion Date:
The approximate completion date for this project is _____________________________
Note About Extra Work and Change Orders:
Extra Work and Change Orders become part of the Home Improvement Contract once
the Change Order is prepared in writing and signed by the parties prior to the
commencement of any work covered by the new Change Order. The Change Order
must describe the scope of the extra work or change, the cost to be added or subtracted
from the Home Improvement Contract, and the effect the order will have on the
schedule of progress payments. A sample of Contractor’s Change Order is included
within this Home Improvement Contract.
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BORGERDING CONSTRUCTION , INC.
850 n. 4TH St., El Cajon, CA 92019
(619) 504-0524 (619) 328-0316 Fax
Initial _____
_____
Owner may not require Contractor to perform extra or change-order work without
providing written authorization prior to the commencement of any work covered by the
new Change Order.
Extra work or a Change Order is not enforceable against the Owner unless the Change
Order also identifies all of the following in writing prior to the commencement of any
work covered by the new Change Order:
(i) The scope of work encompassed by the order.
(ii) The amount to be added or subtracted from the contract.
(iii) The effect the order will make in the progress payments or the completion date.
Contractor's failure to comply with the requirements of this paragraph does not preclude
the recovery of compensation for work performed based upon legal or equitable
remedies designed to prevent unjust enrichment.
Changes in the Work:
Should the Owner, construction lender, or any public body or inspector direct any
modification or addition to the work covered by this contract, the contract price shall be
adjusted accordingly.
Contractor shall promptly notify Owner of (a) subsurface or latent physical conditions at
the site differing materially from those indicated in the contract, or (b) unknown physical
conditions differing materially from those ordinarily encountered and generally
recognized as inherent in work of the character provided for in this contract. Any
expense incurred due to such conditions shall be paid for by the Owner as added work.
Information about the Contractors State License Board:
1. CSLB is the state consumer protection agency that licenses and regulates
construction contractors.
2. Contact CSLB for information about the licensed contractor you are considering,
including information about disclosable complaints, disciplinary actions and civil
judgments that are reported to CSLB.
3. Use only licensed contractors. If you file a complaint against a licensed contractor
within the legal deadline (usually four years), CSLB has authority to investigate the
complaint. If you use an unlicensed contractor, CSLB may not be able to help you
resolve your complaint. Your only remedy may be in civil court, and you may be
liable for damages arising out of any injuries to the unlicensed contractor or the
unlicensed contractor's employees.
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BORGERDING CONSTRUCTION , INC.
850 n. 4TH St., El Cajon, CA 92019
(619) 504-0524 (619) 328-0316 Fax
Initial _____
_____
For more information: Visit CSLB's Web site at www.cslb.ca.gov
Call CSLB at 800-321-CSLB (2752)
Write CSLB at P.O. Box 26000, Sacramento, CA 95826.
4. Contractors are required by law to be licensed and regulated by the Contractors
State License Board, which has jurisdiction to investigate complaints against
contractors if a complaint regarding a patent act or omission is filed within 4 years of
the date of the alleged violation. A complaint regarding a latent act or omission
pertaining to structural defects must be filed within 10 years of the date of the
alleged violation. Any questions concerning the contractor may be referred to the
Registrar, Contractors State License Board, P.O. Box 26000, Sacramento, California
95826.
5. State law requires anyone who contracts to do construction work to be licensed by
the Contractors State License Board in the license category in which the contractor
is going to be working—if the total price of the job is $500 or more (including labor
and materials).
6. Licensed contractors are regulated by laws designed to protect the public. If you
contract with someone who does not have a license, the Contractors State License
Board may be unable to assist you with a complaint. Your only remedy against an
unlicensed contractor may be in civil court, and you may be liable for damages
arising out of any injuries to the contractor or his or her employees. You may
contact the Contractors State License Board to find out if this Contractor has a valid
license. The Board has complete information on the history of licensed contractors,
including any possible suspensions, revocations, judgments, and citations. The
Board has offices throughout California. Please check the government pages of the
White Pages for the office nearest you or call 1-800-321-CSLB for more information.
OWNER’S RESPONSIBILITIES:
The Owner is responsible to supply water, gas, sewer and electrical utilities unless
otherwise agreed to in writing. Electricity and water to the site is necessary. Owner
agrees to allow and provide Contractor and his equipment access to the property. The
Owner is responsible for having sufficient funds to comply with this agreement in full.
This is a cash transaction unless otherwise specified. The Owner is responsible to
remove or protect any personal property and Contractor is not responsible for same or
for any furniture, driveways, lawns, shrubs, etc. The Owner shall point out and warrant
the property lines to Contractor, and shall hold Contractor harmless for any disputes or
errors in the property line or setback locations.
Water, sewer, gas and electric utilities from the serving agency to the point of entry at
Owner’s property line or to metering device where such devices are required, are the
responsibility of Owner. In compliance with federal and state law, Owner agrees to
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BORGERDING CONSTRUCTION , INC.
850 n. 4TH St., El Cajon, CA 92019
(619) 504-0524 (619) 328-0316 Fax
Initial _____
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make drinking water and toilet facilities available to all workers, or compensate
contractor for cost to affect the work herein.
Owner shall grant free access to work areas for workman and vehicles, and shall allow
areas for storage of materials and debris. Owner agrees to keep driveways clear and
available for movement and parking of trucks during normal work hours. Contractor and
workmen are not expected to keep gates closed for animals or children. Owner
maintains full and sole responsibility for All animals and children. Contractor shall not
be held responsible for damage to driveways, walks, lawns, shrubs or other vegetation,
by movement of trucks, men, equipment, materials, and debris, etc. If owner arbitrarily
denies access to any workman during scheduled working hours, then the owner will be
assessed a minimum of $75.00 trip charge. It is the owner’s responsibility to have
someone available for all inspections.
Owner shall obtain and pay for all necessary building permits unless otherwise agreed
in writing. Owner will pay all governmental fees, assessments, taxes, etc. related to the
work.
Delays:
Contractor agrees to start and diligently pursue work through to completion, but shall
not be responsible for delays for any of the following reasons; failure of the issuance of
all necessary building permits, funding of loans, disbursement of funds into control or
escrow, acts of neglect or omission of Owner or Owner’s employees or Owner’s agent,
Acts of God, Acts of war or terrorism, stormy or inclement weather, strikes, lockouts,
boycotts or other labor commotion, inability to secure material through regular
recognized channels, imposition of Government priority or allocation of materials, failure
of Owner to make payments when due, or delays caused by inspection or changes
ordered by the inspectors of authorized Government bodies, or for acts of independent
Contractors, or other causes beyond Contractor’s reasonable control.
Plans and Specifications / Permits:
If plans and specifications are prepared for this job, they shall be attached to and
become a part of the Agreement. Owner will obtain and pay for all required building
permits. Owner will pay assessments and charges required by public bodies and
utilities for financing or repaying the cost of sewers, storm drains, water service, other
utilities, water hook-up charges and the like.
Subcontracts:
The Contractor may subcontract portions of this work to properly licensed and qualified
subcontractors.
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BORGERDING CONSTRUCTION , INC.
850 n. 4TH St., El Cajon, CA 92019
(619) 504-0524 (619) 328-0316 Fax
Initial _____
_____
Insurance and Deposits:
Owner will procure at his own expense and before the commencement of any work
hereunder, fire insurance with course of construction, vandalism and malicious mischief
clauses attached, such insurance to be a sum at least equal to the contract price with
loss, if any, payable to any beneficiary under any deed of trust covering the project,
such insurance to name the Contractor and its subcontractors as additional insured, and
to protect Owner, Contractor and its subcontractors and construction lender as their
interests may appear; should Owner fail to do so, Contractor may procure such
insurance as agent for and at the expense of Owner, but is not required to do so. If the
project is destroyed or damaged by disaster, accident or calamity, such as fire, storm
earthquake, flood, landslide, or by theft or vandalism, any work done by the Contractor
rebuilding or restoring the project shall be paid by the Owner as extra work.
Contractor shall carry Worker’s Compensation Insurance for the protection of
Contractor’s employees during the progress of the work. Owner shall obtain and pay for
insurance against injury to his own employees and persons under Owner’s discretion
and persons on the job site at Owner’s invitation.
Contractor maintains the following insurance:
1. Commercial General Liability Insurance:
2. Worker Compensation Insurance:
Owner may call Contractor’s insurance carries to verify insurance coverage.
Owner, by signing this Home Improvement Contract, acknowledges that Owner
received prior to the start of any work a copy of Contractors Certificate of Liability
Insurance and Certificate of Workers Compensation Insurance.
Right to Stop Work:
Contractor shall have the right to stop work if any payment shall not be made, when
due, to Contractor under this agreement; Contractor may keep the job idle until all
payments due are received in full. Failure by Owner to make payment, when due, is a
material breach of this Agreement.
Clean Up:
Contractor will remove from Owner’s property debris and surplus material created by his
operation and leave it in a neat and broom clean condition.
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BORGERDING CONSTRUCTION , INC.
850 n. 4TH St., El Cajon, CA 92019
(619) 504-0524 (619) 328-0316 Fax
Initial _____
_____
Limitations:
No action of any character arising from or related to this contract, or the performance
thereof, shall be commenced by either party against the other more than two years after
completion or cessation of work under this contract.
Validity and Damages:
In case one or more of the provisions of this Agreement or any application thereof shall
be invalid, unenforceable or illegal, the validity, enforceability and legality of the
remaining provisions and any other applications shall not in any way be impaired
thereby. Any damages for which Contractor may be liable to Owner shall not, in any
event, exceed the cash price of this contract. California law governs this Contract.
Asbestos, Lead, Mold, and other Hazardous Materials:
Owner hereby represents that Owner has not knowledge of the existence on or in any
portion of the premises affected by the Project of any asbestos, lead paint, mold
(including all types of microbial matter or microbiological contaminations, mildew or
fungus), or other hazardous materials. Testing for the existence of mold and other
hazardous materials shall only be performed as expressly stated in writing. Contractor
shall not be testing or performing any work whatsoever in an area that is not identified in
the Scope of Work.
Unless the contract specifically calls for the removal, disturbance, or transportation of
asbestos, polychlorinated biphenyl (PCB), mold, lead pint, or other hazardous
substances or materials, the parties acknowledge that such work requires special
procedures, precautions, and/or licenses. Therefore, unless the contract specifically
calls for same, if Contractor encounters such substances, Contractor shall immediately
stop work and allow the Owner to obtain a duly qualified asbestos and/or hazardous
material contractor to perform the work. The Contract Term setting forth the time for
completion of the project may be delayed, if so, the contract completion date will be
adjusted accordingly.
In the event that mold or microbial contamination is removed by Contractor, Owner
understands and agrees that due to the unpredictable characteristics of mold and
microbial contamination appearing in the same or any adjacent locations, subsequent to
the completion of the work performed by Contractor. Owner agrees to hold Contractor
harmless, and shall indemnify Contractor harmless for any recurrence of mold or
microbial contamination. Owner also agrees that Contractor shall not be responsible,
and agrees to hold Contractor harmless and indemnify Contractor, for the existence of
mold or microbial contamination in any area that Contractor was not contracted to test
and/or remediate. Further, Owner is hereby informed, and hereby acknowledges, that
most insurers expressly disclaim coverage for any actual or alleged damages arising
from mold or microbial contamination.
Contractor makes no representations
whatsoever as to coverage for mold contamination, though at Owner’s additional
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BORGERDING CONSTRUCTION , INC.
850 n. 4TH St., El Cajon, CA 92019
(619) 504-0524 (619) 328-0316 Fax
Initial _____
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expense, if requested in writing, Contractor will inquire as to the availability of additional
coverage for such contamination or remediation, and if available, will obtain such
coverage if the additional premium is paid for by Owner as an extra.
Standards of Materials and Workmanship:
Contractor shall use and install “standard grade” or “builder’s grade” materials on the
project unless otherwise stated in the Scope of Work, the plans and/or specifications
provided to Contractor prior to the execution of this Agreement. Unless expressly
stated in the Scope of Work, Contractor shall have no liability or responsibility to restore
or repair the whole or any part of the premises affected by the work of Contractor to be
performed herein or by any subsequently agreed-upon change order, including as an
illustration and not as a limitation, any landscaping, sprinkler system, flooring and
carpet, wall coverings, paint, tile, or decorator items.
Liens and Assessments:
Unless specifically included in this agreement, contractor shall not be held responsible
for any bonds, liens, or assessments on existing real estate, nor sewer or utility
assessment, sewer acreage, or use fees, not yet a lien on said property.
Plumbing and Electrical:
Unless specifically included: any and all rerouting, relocation, or replacement of
electrical, plumbing, gas, waste, irrigation, water lines, etc. encountered during
Contractor’s scope of work are not included in this Contract and are explicitly excluded.
Attorney’s Fees:
In the event that the Contractor or Owner should institute suit in court against the other
party in connection with any dispute or matter arising under this contract, the party
which prevails in such suit shall be entitled to recover from the other party its attorneys
fees in reason able amount, which shall be determined by the court, and included in the
judgment in said suit.
Entire Agreement:
The Contract Documents set forth in the List of Documents Attached/Incorporated in the
Home Improvement Contract, together with any revisions and modifications thereof that
may be permitted by the provision of this contract, form the entire agreement between
the Contractor and Owner and supersede any and all proposals, correspondence,
agreements representations, statements, writings, or preliminary communications of any
kind between the Contractor and Owner or any other party to the work to be performed
under this contract. No communication of any type except as explicitly provided for in
the Contract Documents shall modify, control, derogate, or otherwise change the rights
and liabilities of the parties hereto in any manner whatsoever.
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BORGERDING CONSTRUCTION , INC.
850 n. 4TH St., El Cajon, CA 92019
(619) 504-0524 (619) 328-0316 Fax
Initial _____
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Damage To Property:
Contractor shall not be held responsible for damage caused by owner or owner's agent
or owner's employees; or acts of god; soil slippage; subsidence, landslides, fire;
earthquake; stormy, inclement or abnormal weather conditions; rain or water damage to
owner's property, riot; or civil commotion or acts of public enemy; and all acts, events or
occurrences beyond the control of the contractor. Owner agrees to remove or to protect
any personal property, inside and out, but not limited to; furniture, shrubs, plantings,
irrigation and personal property and contractor shall not be held responsible for damage
or loss of said items. Owner agrees to defend and hold harmless Contractor for any
and all such damage not caused by the sole and willful negligence of Contractor.
Plaster/Stucco/Concrete/Pool Plaster:
Contractor calls attention of the owner to the limitations of plaster and stucco, concrete
and pool plaster and while contractor shall make every effort to match existing textures,
colors, and planes, exact duplication is not promised. Contractor does not warrant or
guarantee stucco, plaster, concrete or pool plaster from cracking.
Warranties:
Equipment, assemblies, or units, including slide sealants purchased by contractor
included in this contract are sold and installed subject to the manufacturers or
processor’s guarantee or warranties and not Contractor’s.
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BORGERDING CONSTRUCTION , INC.
850 n. 4TH St., El Cajon, CA 92019
(619) 504-0524 (619) 328-0316 Fax
Initial _____
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Your Rights:
The owner may cancel this agreement at any time prior to midnight of the third business
day after the date of execution of this agreement. See the attached notice of
cancellation form for an explanation of this right.
THE ABOVE SPECIFICATIONS, PRICES AND CONDITIONS ARE SATISFACTORY
AND ARE HEREBY ACCEPTED. BORGERDING CONSTRUCTION IS AUTHORIZED
TO PERFORM WORK AS SPECIFIED.
The Owner or tenant has the right to require the Contractor to have a performance and
payment bond.
You are entitled to a completely filled in copy of this Home Improvement Contract,
signed by both you and the Contractor, before any work may be started.
Lien Information
Lender Information
General Contractor: Stephen J. Borgerding
_________________________
License No.:
519925 B
Address:
850 N. 4th St
El Cajon, CA 92019
Telephone:
(619) 504-0524
Lender:
_________________________
Address _________________________
OWNER SIGNATURE
___________________________________
DATE__________________________
___________________________________
DATE__________________________
CONTRACTOR SIGNATURE
_______________________________________
___________________________________, Title
DATE__________________________
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BORGERDING CONSTRUCTION , INC.
850 n. 4TH St., El Cajon, CA 92019
(619) 504-0524 (619) 328-0316 Fax
Initial _____
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NOTICE OF RIGHT TO CANCEL
Notice of Cancellation
_______________________
(enter date of transaction)
You may cancel this transaction, without any penalty or obligation, within three business
days (Monday through Saturday) from the above date.
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 seller of your cancellation notice, and any security interest arising
out of the transaction will be canceled.
If you cancel, you must make available to the seller at your residence within 10 business
days, in substantially as good condition as when received, any goods, contracts, change
orders, documents, brochures, samples, etc. delivered to you under this contract or sale, or
you may, if you wish, comply with the instructions of the seller regarding the return shipment
of the goods at the seller’s expense and risk.
If you do make the goods available to the seller and the seller does not pick them up within
20 business days of the date of your notice of cancellation, you may retain or dispose of the
goods without any further obligation.
If you fail to make the goods available to the seller, or if you agree to return the goods to the
seller and fail to do so, then you remain liable for performance of all obligations under the
contract.
To cancel this transaction, mail or deliver a signed, dated, and certified copy of this
cancellation notice, or any other written notice to:
BORGERDING CONSTRUCTION, INC.
850 N. 4th St.
El Cajon, CA 92019
not later than midnight of _____________________
(date)
I hereby cancel this transaction _________________
(date)
___________________________________________
(Owner’s signature)
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BORGERDING CONSTRUCTION , INC.
850 n. 4TH St., El Cajon, CA 92019
(619) 504-0524 (619) 328-0316 Fax
Initial _____
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MECHANICS LIEN WARNING
Anyone who helps improve your property, but who is not paid, may record what is
called a mechanics’ lien on your property. A mechanics’ lien is a claim, like a
mortgage or home equity loan, made against your property and recorded with the
county recorder.
Even if you pay your contractor in full, unpaid subcontractors, suppliers, and laborers
who helped to improve your property may record mechanics’ liens and sue you in
court to foreclose the lien. If a court finds the lien is valid, you could be forced to pay
twice or have a court officer sell your home to pay the lien. Liens can also affect your
credit.
To preserve their right to record a lien, each subcontractor and material supplier must
provide you with a document called a ’20-day Preliminary Notice.’ This notice is not a
lien. The purpose of the notice is to let you know that the person who sends you the
notice has the right to record a lien on your property if he or she is not paid.
BE CAREFUL. The Preliminary Notice can be sent up to 20 days after the
subcontractor starts work or the supplier provides material. This can be a big problem
if you pay your contractor before you have received the Preliminary Notices.
You will not get Preliminary Notices from your prime contractor or from laborers who
work on your project. The law assumes that you already know they are improving
your property.
PROTECT YOURSELF FROM LIENS. You can protect yourself from liens by getting
a list from your contractor of all the subcontractors and material suppliers that work on
your project. Find out from your contractor when these subcontractors started work
and when these suppliers delivered goods or materials. Then wait 20 days, paying
attention to the Preliminary Notices you receive.
PAY WITH JOINT CHECKS. One way to protect yourself is to pay with a joint check.
When your contractor tells you it is time to pay for the work of the subcontractor or
supplier who has provided you with a Preliminary Notice, write a joint check payable
to both the contractor and the subcontractor or material supplier.
For other ways to prevent liens, visit CSLB’s Web site at wee.cslb.ca.gov or call CSLB
at 800-321-CSLB (2752).
REMEMBER, IF YOU DO NOTHING, YOU RISK HAVING A LIEN PLACED ON
YOUR HOME. This can mean that you may have to pay twice, or fact the forced sale
of your home to pay what you owe.
___________________________
Owner
________________________
Date
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BORGERDING CONSTRUCTION , INC.
850 n. 4TH St., El Cajon, CA 92019
(619) 504-0524 (619) 328-0316 Fax
Initial _____
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CONTRACT CHANGE ORDER NO: _____
PROJECT:________________________________.
Owner Name: _____________________________.
Project Address: ___________________________.
CONTRACTOR:
BORGERDING CONSTRUCTION, INC.
850 N. 4th St.
El Cajon, CA 92019
California Contractor’s License Number 519925 B
Telephone: 619-504-0524
Facsimile: 619-328-0316
The contract is hereby modified and amended as follows:
_____________________________________________
______________________________________________.
It is mutually agreed that the Contract Price for the Home
Improvement Contract dated __________ is increased/decreased
in the amount of $__________ . Payment is due and payable
immediately upon signing this change order.
As a result of this change order, the time for completion of the
above-mentioned contract is hereby extended by an additional
______. This Change Order is incorporated into and governed by
the above mentioned contract and is incorporated therein.
________________________________________
(Owner’s signature)
__________
(date)
________________________________________
(Contractor’s signature)
__________
(date)
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BORGERDING CONSTRUCTION , INC.
850 n. 4TH St., El Cajon, CA 92019
(619) 504-0524 (619) 328-0316 Fax
Initial _____
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Nevada Athletic Commission
MANAGEMENT AGREEMENT
THIS AGREEMENT, Made this
day of
, 20 by and between, MANAGERS
NAME, of CITY, STATE, (whether one or more, hereinafter referred to as the "Manager"), and
BOXERS/UNARMED COMBATANTS NAME, of CITY, STATE, professional unarmed combatant
("Contestant").
WITNESSETH:
In consideration of the mutual covenants and agreements hereinafter contained, the parties hereto
agree to and with each other as follows:
1. Definitions. In this agreement, the words and terms used herein, unless the context otherwise requires,
shall have the meanings ascribed to them in Nevada Revised Statutes ("NRS") and Nevada Administrative
Code ("NAC") Chapter 467.
2. Engagement. It is agreed and understood that Manager is engaging the sole professional services of
Contestant, to take part in all contests of unarmed combat, and also to give exhibitions of unarmed combat
and training exercises.
3. Duties of Contestant. Contestant will use his or her best skill and ability, at such times and places as
may be required by Manager. Contestant agrees to place himself or herself under the management of
Manager, and, also agrees to take part in such contest of unarmed combat and also give exhibitions of
unarmed combat, training and training exercises, whenever and wherever required by Manager, in such
places of public entertainment and/or amusement, and in such cities, towns and other places, without
limitation, where Manager may from time to time request or direct. Contestant binds himself or herself and
agrees to faithfully fulfill, and live up to any agreement entered into on his or her behalf by the Manager,
during the term of this agreement. Contestant agrees that he or she shall not, during the continuance of this
agreement, take part in any contests or exhibitions of unarmed combat, or act or perform or otherwise
exercise Contestant's talent in any manner, or place, how or whatsoever, without having first obtained the
written permission of Manager. Contestant shall attend all rehearsals and attend to all training and
exercising as Manager shall require, and shall proceed and travel, by any means of conveyance as and when
required by Manager for the purposes of this agreement.
4. Duties of Manager. Manager binds themselves and agree to use their best efforts to secure
remunerative contests and exhibitions of unarmed combat for Contestant.
5. Term. In consideration of this agreement, the parties hereto mutually bind themselves for a period of
MAXIMUM OF 4
YEARS, with no extension option, for which period this agreement shall remain in full
force and effect.
6. Distribution of Earnings. It is agreed by the parties that the earnings from all contests, exhibitions
and performances of unarmed combat herein mentioned in this agreement shall be divided as follows:
MAXIMUM OF THIRTY THREE AND ONE THIRD PERCENT (33 1/3 %) to Manager,
MANAGERS NAME, MINIMUM OF SIXTY SIX AND TWO THIRDS PERCENT (66 2/3%) to
BOXERS/UNARMED COMBATANTS NAME, Contestant..
7. Suspension of Manager. In the event that Manager shall be suspended by the Nevada Athletic
Commission (the "Commission"), and such suspension shall be permanent, this agreement, insofar as it
relates to contests and exhibitions of unarmed combat in the State of Nevada, at the option of Contestant,
shall forthwith terminate. In the event that such suspension is not permanent, then during the period of such
suspension Contestant may contract individually for his or her services and during such period of suspension
Manager shall not be entitled to any percentage of the earnings of any contests or exhibitions of unarmed
combat engaged in by said Contestant.
8. Arbitration. Pursuant to NAC 467.102, controversies arising between the parties hereto shall be
referred and submitted to arbitration in the following manner: Within thirty (30) days after the origin of
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such dispute or controversy, either or both of the parties hereto may notify the Executive Director of the
Commission of the existence of such dispute and of his, her, or their desire and willingness to refer such
dispute to arbitration, whereupon, in a duly authorized meeting of the Commission, the Chairman of the
Commission shall appoint a representative of the Commission (the "Arbitrator") to conduct a hearing at such
time and place as may, in the opinion the Arbitrator, be convenient to all interested parties and witnesses.
Notification of the time and place of such hearing shall be given to all interested persons by mail at their
last known address. The parties hereto agree in the event of submission of any such controversy to
arbitration that the decision of the Arbitrator shall be final and binding upon the parties hereto and each of
them agree to be bound thereby.
9 Applicable Law. It is understood and agreed that the rights and obligations of the parties hereto shall
be governed by, and construed according to the laws of the State of Nevada. The terms of this agreement
shall in all respects be in conformity with the laws of the State of Nevada, and the rules and Regulations now
or hereafter adopted by the Commission, which laws and rules are hereby made a part of and incorporated
into this agreement. It is agreed by all of the parties that action arising out of this agreement, shall be
commenced in the State of Nevada.
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10 Assumption of the Risk. The Contestant understands that by participating in a contest or exhibition of
unarmed combat, that the Contestant is engaging in an abnormally dangerous activity. The Contestant further
understands that this participation subjects the Contestant to a risk of severe injury or death. The Contestant,
with full knowledge of this risk, nonetheless, agrees to enter into this agreement and hereby waives any claim
that the Contestant or Contestant's heirs may have against the Commission and/or the State of Nevada as the
result of any injury the Contestant may suffer as a result of Contestant's participation in any contest or
exhibition of unarmed combat in the State of Nevada.
INITIALS OF CONTESTANT
.
11 Release. The parties to this agreement, for themselves, their heirs, executors, administrators, successors,
and assigns, hereby release and forever discharge the State of Nevada and the Commission and each of their
members, agents, and employees in their individual, personal and representative capacities, from any and
all manner of actions, causes of action, suits, debts, judgments, executions, claims, and demands whatsoever
known or unknown, in law or equity, that the parties ever had, now have, may have, or claim to have against
any and all of the persons or entities named in this paragraph arising out of, or by reason of this agreement,
or any other matter.
12 Indemnification. The parties to this agreement, jointly and severally hereby indemnify and holds
harmless the State of Nevada and the Commission, and each of their members, agents, and employees in
their individual, personal and representative capacities against any and all claims, suits and actions, brought
against the persons named in this paragraph by reason of this agreement and all other matters relating
thereto, and against any and all expenses, damages, charges and costs, including court costs and attorney
fees which may be incurred by the persons and entities named in this paragraph as a result of said claims,
suits and actions.
13 Original and copies of Agreement. The original of this agreement shall be kept on file by the
Commission and a copy of this fully executed agreement will be provided to each party.
14 Entire Agreement and Modification. This agreement and its attachments constitute the entire
agreement of the parties and as such are intended as a complete and exclusive statement of the promises,
representations, negotiations, discussions, and other agreements that may have been made in connection
with the specific subject matter hereof. All prior agreements are superseded and excluded with regard to
the specific terms contained herein. Unless otherwise expressly authorized by the terms of this agreement,
no modification or amendment to this agreement shall be binding upon the parties unless the same is in
writing, signed by the respective parties hereto, and filed with the Commission.
15 Proper authority. The parties hereto represent and warrant that the person executing this agreement
on behalf of another party, if applicable, has the full power and authority to enter into this agreement.
16 Severability. If any provision in this agreement is held to be unenforceable by a court of law or equity,
this agreement shall be construed as if such provision did not exist and the nonenforceability of such
provision shall not be held to render any other provision or provisions of this agreement unenforceable.
17 Notices. All notices or other communications required or permitted to be given under this agreement
shall be in writing and shall be deemed to have been duly given if delivered personally in hand, by telephonic
facsimile or mailed regular or certified mail to the appropriate party at the last known address on record with
the Commission. It is understood by the parties that it is the responsibility of each party to notify the
Commission of any change of address.
18 Waiver of Breach. Failure to declare a breach or the actual waiver of any particular breach of the
agreement or its material or nonmaterial terms by either party shall not operate as a waiver by such party of
any of its rights or remedies as to any other breach.
19 Assignment. Neither party shall assign, transfer nor delegate any rights, obligations or duties under this
agreement without the prior verbal or written consent of the Commission or the Executive Director of the
Commission.
Page 3 of 2
Sale of Goods Agreement
Agreement made _____________ (date), between _________________________, of
_________________________________ (address), _____________________ (city), ______________ (county),
________________ (state), in this agreement referred to as seller, and ___________________, of
____________________________ (address), __________________ (city), __________________ (county),
_____________ (state), in this agreement referred to as buyer.
SECTION ONE: SALE OF GOODS
Seller shall sell, transfer and deliver to buyer on or before ____________________ (date), the following personal
property: ____________________________________________________________
____________________________________________________________
____________________________________________________________ (description of goods).
SECTION TWO: PURCHASE OF GOODS
Buyer shall accept the goods and pay ________________________________________ Dollars ($ ________ ) for
the goods.
SECTION THREE: IDENTIFICATION OF GOODS
Identification of the goods to this agreement shall not be deemed to have been made until both buyer and seller
have specified that the goods in question are to be appropriated to the performance of this agreement.
SECTION FOUR: PAYMENT ON RECEIPT
Buyer shall make payment for the goods at the time when, and at the place where, the goods are received by
buyer.
SECTION FIVE: RECEIPT CONSTRUED AS DELIVERY
Goods shall be deemed received by buyer when delivered to buyer at
________________________________________ (address), __________ (city), __________ (county),
__________ (state).
SECTION SIX: RISK OF LOSS
The risk of loss from any casualty to the goods, regardless of the cause, shall be the responsibility of the seller
until the goods have been accepted by the buyer.
SECTION SEVEN: WARRANTY OF NO ENCUMBRANCES
Seller warrants that the goods are now free, and that at the time of delivery shall be free from any security interest
or other lien or encumbrance.
SECTION EIGHT: WARRANTY OF TITLE
Furthermore, seller warrants that at the time of signing this agreement, seller neither knows nor has reason to
know of the existence of any outstanding title or claim of title hostile to the rights of seller in the goods.
SECTION NINE: RIGHT OF INSPECTION
Buyer shall have the right to inspect the goods on arrival and, within _______ business days after delivery, buyer
must give notice to seller of any claim for damages on account of condition, quality or grade of the goods, and
buyer must specify the basis of the claim of buyer in detail. The failure of buyer to comply with these conditions
shall constitute irrevocable acceptance of the goods by buyer.
In witness whereof, the parties have executed this agreement at ________________________________________
(designate place of execution) the day and year first above written.
_________________________
Signature
_________________________
Signature
Michael Weller
Professor Mary Sessom
Business 125
30 November 2014
Contract
The contract I will be discussing is dated June 30, 2000, and is between a professional wrestler
and World Wrestling Federation Entertainment Inc. (WWE). The date in which this contract is
deemed effective is August 27, 2000. The wrestler, Scott Levy, wrestled under the ring name
Raven. The contract states that Scott Levy will be providing his wrestling services to the WWE
as an independent contractor. This contract is called a booking contract in which the WWE
books matches, appearances, etc. and Scott Levy agrees to fulfil the obligations. Scott Levy was
to be paid no less than $425,000 over the course of this three year contract. He also had an option
for an additional year worth at least $200,000. This contract covers the standard legal issues
involved with the professional wrestling industry. Some of these issues that need to be specified
in a written contract involve the use of intellectual property, payments and royalties, and breach
of contract.
The first clause I will discuss from article 3 is an intellectual property clause. According to the
text, “Intellectual property is any property resulting from intellectual, creative processes.” (Miller
80) Scott Levy was a successful wrestler for several years with other wrestling companies before
he signed this contract. He strategically created and developed the Raven character and thus
owned the rights to this character. Historically, any successful wrestling character developed by
the WWE became the intellectual property of the WWE. In article 3.1 the intellectual property
clause states, “WRESTLER hereby assigns, for Term of this Agreement, in good faith to
PROMOTER and PROMOTER hereby accepts all worldwide right, title and interest in and to
WRESTLER’s Original Intellectual Property.” The text states, “In a licensing agreement, the
owner of the intellectual property gives another certain rights in the property.” (Miller 88) Scott
Levy gave the WWE the right to use his original intellectual property. The WWE was now
legally able to use the Raven character for any commercial purpose.
The next clause I will discuss is from article 12, breach of contract. According to the text, breach
of contract is defined as, “Failure, without legal excuse, of a promisor to perform the obligations
of a contract.” (Miller 202) The clause clearly states that the WWE reserves the right to,
“immediately suspend or terminate the operation of this Agreement, both as to services and
compensation,” in the event of a breach. One of the potential causes of a breach of contract is a
failed drug test. According to the text, “Many states have statutes that allow drug testing by
private employers but put restrictions on when and how the testing is performed.” (Miller 367)
Some of the other acts listed that would constitute a breach on behalf of the wrestler include
habitual tardiness or absenteeism, failed physicals, and failure to obtain necessary athletic
licensure. If Scott Levy failed a drug test or failed to make several scheduled appearances he
could have been charged with breach of contract. The clause goes on to mention that the WWE
may recover damages resulting from a breach of contract.
The last clause I will discuss is the assignment clause mentioned in 13.5. The contract states,
“PROMOTER shall have the right to assign, license or transfer any or all of the rights…provided
that such assignee has the financial ability to meet the PROMOTER’s obligations.” The clause
also mentions that in the event of a transfer, “PROMOTER shall have no further obligations to
WRESTLER.” The text defines an assignment as, “The act of transferring to another all or part
of one’s rights arising under a contract.” (Miller 189) This clause permits the WWE to assign
their obligations of this contract to a third party. One example of how this may occur would be in
the event that the WWE made an agreement with a different wrestling company to exchange
wrestlers. Two promotions utilizing one another’s talent roster is uncommon but has happened.
The clause also states that Scott Levy is not permitted to assign his obligations of the contract.
His skills are unique and necessary to successfully portray the Raven character. An assignment
of his responsibilities of the contract would be detrimental.
Contract Assignment
Bus. Law 125 (0048)
Prof. Sessom
07-12-2013
I have chosen to analyze an engagement agreement that I have with Lexington Law, which is a
credit repair company. The beginning of the contract defines certain words that are used throughout the
contract such as: bureaus, communications, content, furnishers, service interval, and websites. This is
done to ensure that the client fully understands the language used in the contract. The contract then
describes the different service levels that are offered as well as the service level that is being engaged at
the time of the agreement. Next is the payment and fees clause; this gives an explanation of the
different fees for the various service levels being offered, late fees, and the dates that payments shall be
made. It also mentions that the client will never be charged before any services are fully performed.
After that is the term and cancellation clause which outlines when the client can suspend or cancel the
contract, and the different ways to do so. The next clause is the client responsibilities and
communications clause. This clause covers all of the agreements and acknowledgements made between
Lexington Law and the client. Use of content for personal benefit, and not for commercial purposes is
one example under this clause. The clause that follows is the clause labeled: Lexington Law will not do
any of the following; this clause is self-explanatory. Then there is the staffing clause, which will be
discussed later in this assignment. The general clause is next; it has many sub-clauses such as:
arbitration, severability, conflict in terms, force majeure, copyrights and trademarks, privacy notice,
entire agreement, and service of process. Finally, we have the limited designation of agency clause
followed by a signature line for the client to sign providing they agree with the contract.
The first clause I will further analyze is the term and cancellation clause, which explains when
the client may cancel the contract as well as when Lexington Law may cancel the contract. This clause
states that “You may cancel this Contract at any time and in a number of ways....” Therefore, there is no
penalty if the contract is cancelled on behalf of the client, for any reason. But, this clause also mentions
that “Lexington reserves the right to withdraw from representing you if you have breached this Contract
for any reason under applicable professional rules of conduct.” The clause then states that “In the event
Lexington withdraws, you agree to pay Lexington for the services rendered by Lexington previous to the
date of withdrawal.” In chapter 13, on page 258, section 10 of the textbook, a breach of contract is
defined as “When one of the parties to a contract fails to perform as promised, a breach of contract may
have occurred.” Lexington Law has the right to withdraw from the contract if the client does not uphold
any one of the numerous client responsibilities mentioned in this bilateral contract. Since the contract
mentions that the client agrees to pay Lexington for services previously rendered prior to the
withdrawal date, there will be compensatory damages awarded to Lexington Law if the client decides to
cancel the contract, but fails to pay for previously rendered services. A compensatory damage, as
described in chapter 13, on page 258, section 12 of the textbook, is defined as “the amount of money
awarded to the non-breaching party to provide that party with the benefit of the contractual bargain.”
Once again, if this case were to end up in court, Lexington Law would be awarded the amount of money
owed for all unpaid services prior to the date of withdrawal from the contract.
The next clause I will further analyze is the staffing clause. This clause mentions that “Lexington
may ask various attorneys, paralegals, clerical staff, or others to assist in handling your case”, but there
is no additional charge to the client for work performed by any of the third parties listed above. In
chapter 20, on page 394, section 5 of the textbook, it is said that there are contracts involving personal
rights or personal duties which may not be transferred without the consent of the non-assigning party.
In this contract the non-assigning party is the client and the assigning party is Lexington Law. Lexington
Law has mentioned in this clause that a third party may be assigned to assist in the service(s) being
performed; therefore, If the client agrees to the contract, there would be no breach of contract on
behalf of Lexington Law if they were to assign a third party to assist in the handling of the services. Also,
a personal right or duty is defined in chapter 20, on page 394, section 5 of the textbook as “one in which
personal trust and confidences are involved or one in which skill, knowledge, or experience of one of the
parties is important.” Since the skill, knowledge, and experience of Lexington Law is involved, Lexington
Law must assign a third party that has the equivalent knowledge, skills, and experience in order for this
clause of the contract to stand true.
The last clause I will further analyze is the arbitration clause. Arbitration is defined in chapter 4,
on page 65, section 3 of the textbook as “the procedure used, as an alternative to litigation, to submit a
dispute to one or more third parties who have authority to impose a resolution to the dispute.” The
contract states that the client agrees to arbitrate all claims and disputes between the client and
Lexington Law on an individual basis only and not as part of any class. This means that the client cannot
claim that they are being unfairly treated due to race, religion, gender, marital status, etc. Also, the
contract mentions that the client waives the right to a trial by jury and waives all rights to participate in
a class action lawsuit, or class action arbitration. Also in chapter 4, on Page 65, section 4, we can see
that arbitration is described as being recognized by common law. It states that “Arbitration in common
law was not a matter of right but was based on an agreement to arbitrate.” By agreeing to the entirety
of the contract, the client recognizes that they can only individually arbitrate any claim against Lexington
Law because it is clearly stated under this clause.
Purchase answer to see full
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