- Services Covered / Not Covered
Unless specifically stated in this Agreement, Contractor will not perform any work other than the plumbing, heating, ventilation, and air conditioning services described in the estimate or invoice. Excluded work includes (but is not limited to): carpentry, plaster, drywall, painting, tile, masonry, roofing, landscaping, paving, and other trades. Restoration of surfaces (walls, floors, landscaping, driveways, etc.) following service is not included unless expressly listed in writing. - Changes in the Work & Concealed Conditions
Any changes, modifications, or additions to the agreed scope of work must be documented in a written Change Order signed by both parties. The change in contract price shall be as agreed to in writing, or if no agreement is reached, shall equal Contractor’s actual cost of labor, materials, equipment, and subcontractors plus 15% for overhead and profit. If required by a building department, inspector, or governing body, Contractor may perform necessary changes prior to receiving written approval, with costs to be negotiated thereafter. Owner shall pay for any additional costs caused by concealed or unforeseen site conditions (e.g., hidden damage, pre-existing code violations, or hazardous substances). - Owner’s Responsibilities
Owner shall provide reasonable access to the property, and adequate water, gas, sewer, and electricity as needed. Owner must secure and protect personal property, furniture, flooring, landscaping, and pets during the work. Contractor is not liable for damage to items not removed or protected by Owner. Owner warrants sufficient funds to comply with this Agreement. - Fees, Taxes, and Permits
Owner shall pay for all permits, utility company fees, assessments, and inspection costs unless otherwise stated in writing. Contractor will obtain required building permits on Owner’s behalf, at Owner’s expense. Owner shall also be responsible for all applicable taxes. - Insurance & Risk of Loss
Owner is responsible for maintaining “all-risk” property insurance covering the premises during the work. Such policy should include fire, theft, vandalism, and natural disaster coverage. Contractor shall maintain Worker’s Compensation Insurance for its employees. Contractor shall not be responsible for damage caused by events beyond its control (e.g., weather, natural disaster, or pre-existing conditions). - Payment Terms & Right to Stop Work
Payment Due: All invoices are due upon completion unless otherwise agreed in writing.
Interest: Any unpaid balance shall accrue interest at 1.5% per month (18% per annum) until paid in full.
Collections: Owner shall pay all costs of collection, including attorney’s fees and lien enforcement.
Right to Stop Work: Contractor may suspend or terminate work if payment is not received when due. Failure to pay is a material breach of this Agreement. - Mechanic’s Lien Rights (California Notice)
CA Civil Code Notice: “Under California law, anyone who helps improve your property and who is not paid may record a claim against your property (called a mechanic’s lien). A lien may be recorded even if you have paid your contractor in full, if subcontractors or suppliers remain unpaid.”
Owner acknowledges and agrees that Contractor reserves the right to record and enforce a mechanic’s lien against the property if payment is not received in accordance with this Agreement. Liens may remain until payment is made in full and may result in foreclosure of the property to satisfy unpaid debt. - Cleanup
Contractor will remove debris and surplus materials created by its work and leave the premises in a broom-clean condition. - Warranties
Contractor warrants its workmanship for 12 months from completion. Manufacturer warranties apply to all materials and equipment supplied. This warranty does not cover misuse, neglect, alterations by others, normal wear and tear, or pre-existing conditions. Contractor shall not be liable for incidental or consequential damages, including water damage, mold, loss of use, or lost profits. - Hazardous Substances
Unless specifically stated, this Agreement does not include the removal or handling of asbestos, mold, lead paint, or other hazardous materials. If such substances are discovered, Contractor will stop work until Owner arranges for proper removal by a licensed abatement contractor. Contractor shall not be liable for recurrence or damages related to mold or microbial growth. - Delays
Contractor shall not be liable for delays caused by acts of God, weather, strikes, governmental actions, utility company delays, material shortages, or any condition beyond its reasonable control. - Limitation of Claims
No action arising out of this Agreement may be brought by either party more than two (2) years after substantial completion of the work. - Subcontracts
Contractor may subcontract portions of the work to licensed and qualified subcontractors. - Governing Law
This Agreement shall be governed by the laws of the State of California. Venue for any dispute shall be in the courts of the county where the work is completed.
3-Day Right to Cancel
NOTICE OF CANCELLATION
You, the customer, have the right to cancel this contract within three (3) business days after you sign it, without any penalty or obligation. If you cancel, any payments made by you under this contract will be returned within ten (10) business days after the contractor receives your cancellation notice, and any goods traded in, leased, or otherwise given will be returned in substantially as good condition as when received.
To cancel this contract, mail or deliver a signed and dated copy of this cancellation notice, or any other written notice, to:
Airtime Plumbing, Heating & Air, Inc.
38340 Innovation CT G707
Murrieta, CA, 92563
No later than midnight of the third business day after you signed the contract.