Terms and Conditions
Scope of Work
- The Contractor agrees to furnish all labor, materials, equipment, and supervision necessary to complete the Project in accordance with the agreed plans, specifications, and all applicable Hawai‘i state and county building codes.
Contract Price
- The total contract price or hourly price shall be stated in the primary agreement and is based on the scope of work at the time of execution. Any modifications to the scope shall be handled through written Change Orders.
Payment Terms
- Payments shall be made in accordance with the agreed payment schedule (e.g., deposit, progress payments, final payment).
- Progress payments may be tied to completed phases of work or percentage of completion.
- Failure to make timely payments may result in suspension of work and adjustment of the project schedule.
- The Contractor reserves the right to charge interest on overdue balances as allowed under Hawai‘i law.
Estimates & Pricing
- Prices listed are based on available information at the time of estimate. Final costs may vary due to actual site conditions, change orders, or material availability.
Change Orders
- All changes to the original scope of work must be documented in a written Change Order signed by both parties.
- Change Orders shall clearly state the change in scope, cost adjustment, and any extension of time.
- The Contractor shall not proceed with additional or changed work without a signed Change Order.
- Unforeseen conditions (e.g., lava rock excavation, subsurface instability, hidden utilities, rot or termite damage) will require a Change Order.
Project Delays
The Contractor shall not be held liable for delays caused by circumstances beyond their control, including but not limited to:
- Weather conditions (including heavy rain, high winds, hurricanes)
- Material shortages or shipping delays (including inter-island or mainland supply issues)
- Labor shortages
- Permit or inspection delays
- Acts of God
Such delays shall entitle the Contractor to a reasonable extension of time.
Site Conditions
- The Client shall provide reasonable access to the job site.
- The Contractor is not responsible for unknown or concealed conditions.
- Discovery of unforeseen site conditions may result in additional costs handled via Change Order.
Deposits and Refunds
- Deposits become non-refundable once materials are ordered or work has commenced.
- If the Client cancels prior to commencement, refunds may be issued minus administrative costs, design work, permits, and materials already purchased.
- If the Project is terminated after work begins, the Client shall pay for:
- All completed work
- Materials purchased or delivered
- Restocking or cancellation fees
- Any reasonable overhead and profit on work performed to date
- No refunds shall be provided for completed work that meets contract specifications.
Warranties
• The Contractor warrants that all work will be performed in a workmanlike manner consistent with industry standards.
• Manufacturer warranties on materials shall be passed on to the Client where applicable.
• Warranty does not cover damage due to misuse, neglect, normal wear and tear, or natural events.