Contract Issues Summary: Service Agreement - Reconstruction - 4300 S. Alton Pl., Greenwood Village 80111-final.md¶
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No explicit obligation or risk clauses detected in this chunk.
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Potential obligations/risks: - Anatom Solutions, LLC doing business as Anatom Restoration (“Anatom”) Proposes to hereby to furnish material and labor – complete in accordance with the Scope of Work as described in the attached estimate which must be initialed and signed by Property Owner/Authorized Agent, for the sum of: $________(“Contract Amount”) plus any supplements or for insurance proceeds plus the deductible, Payment shall be due and paid to Anatom as follows: 25% upon commencement, 25% during the work, and the final 50% upon completion of the project.
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Potential obligations/risks: - Owner shall not negotiate with or retain any of Contractor’s employees or subcontractors without Contractor’s prior written consent. - Owner will not occupy or have any work performed on the Project until Substantial Completion (defined in Section 7 below), or termination of this Contract. - 2.6 Owner agrees, when applicable, that it shall be solely responsible for obtaining any necessary approval of the Work from a homeowner’s association, or similar entity. - 2.8 Owner shall not access, use, occupy , or take possession of the section of the Property where the Work is occurring until the Work is completed and final payment of the full Contract Amount has been made by the Owner to the Contractor unless the Parties agree in writing that certain specified Work is to be completed subsequent to occupancy by the Owner.
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Potential obligations/risks: - Contractor is not liable for any injuries or damages related in any way to Owner, or any guest, invitee, or licensee of Owner, accessing the Property where the Work is occurring prior to Substantial Completion, as defined in Section 7 and Owner signing a Certificate of Completion and Satisfaction. - 2.9 Owner shall purchase a liability insurance policy including fire and casualty insurance to the full insurable value of the Property and shall name the Contractor as an additional insured and provide proof of such prior to commencement of the Project. - Contractor shall not be liable for damage or theft of any materials delivered to the Property. - 3.1 Owner shall pay Contractor the Fifty Percent (50%) of the Contract Amount on the date this Contract is signed and the balance upon Substantial Completion. - 3.2 All amounts past due shall accrue interest at the rate of eighteen percent (18%) per annum.
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Potential obligations/risks: - 3.2 All amounts past due shall accrue interest at the rate of eighteen percent (18%) per annum. - Payment shall be due immediately after the relevant Work is approved by the governmental authority.
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Potential obligations/risks: - (ii) carry and maintain liability insurance in accordance with the Contract Documents; - However, final payment will not be due until Contractor has delivered to Owner a complete release of all liens arising out of the
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Potential obligations/risks: - However, final payment will not be due until Contractor has delivered to Owner a complete release of all liens arising out of the - Contractor shall assign to Owner all manufacturers’ warranties applicable to consumer products included within the Work and all subcontractor warranties related to the Work. - Contractor shall, at its expense, make all reasonably necessary repairs, replacements and corrections of any such defective work or materials if written notice of such defective work or materials is given by Owner to Contractor with one (1) year after the completion of the Work.
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Potential obligations/risks: - 9.3.1 Contractor shall not be responsible for damage to underground sprinkler systems, drains or other secondary utilities, or for unknown conditions that cannot be observed in a non-destructive inspection of the Property or conditions that differ materially from those that are indicated or referenced in the Contract Documents, or ordinarily encountered and generally recognized as inherent in the work of the character provided for in this Contract.
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Potential obligations/risks: - Contractor will not allow any condition to exist which creates a nuisance or fire hazard. - 11.1 Termination by Contractor: Contractor may terminate the Contract for the following reasons: 11.1.1 If the Work is stopped through no act or fault arising by, through or under Contractor for more than five (5) business days; - 11.2 Termination by Owner: If the Contractor fails or neglects to carry out the Work in accordance with the Contract Documents, the Owner shall give written notice to the Contractor specifying the nature of the default. - The Contractor shall have ten (10) days after written notice is given to the Contractor within which to cure such default, or if such default cannot be cured within ten (10) days, then the Contractor shall, within said ten (10) day period, commence correction of the default and continue diligently to correct the default.
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Potential obligations/risks: - or if such default cannot be cured within ten (10) days, then the Contractor shall, within said ten (10) day period, commence correction of the default and continue diligently to correct the default. - 11.3 Upon termination of this Contract, Contractor will be entitled to be paid the full cost of all Work properly done by Contractor to the date of termination not previously paid for, less sums already received by Contractor on account of the portions of the Work performed. - 12.2 Waiver of Jury Trial: The Parties irrevocably and unconditionally waive, to the fullest extent possible, their right to trial by jury in any legal proceeding arising out of or related to this Contract.
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Potential obligations/risks: - iver of Jury Trial: The Parties irrevocably and unconditionally waive, to the fullest extent possible, their right to trial by jury in any legal proceeding arising out of or related to this Contract. - 12.3 Choice of Law and Venue: This Contract shall be governed by the laws of the state of Colorado, and jurisdiction and venue for any dispute arising out or related to this Contract shall be appropriate only in Arapahoe County, Colorado. - 12.4 Attorney Fees and Costs: The prevailing Party in any dispute arising out or related to this Contract shall be fully reimbursed by the other Party for all costs, including reasonable attorneys’ fees, court costs, expert or consultant fees incurred by the prevailing Party. - 13.1.1 Worker’s Compensation Insurance with statutory limits and employers’ liability coverage as required under Colorado law. - 13.1.2 Commercial General Liability Insurance with limits of at least $1,000,000 combined single limit and an annual aggregate of not less than $1,000,000. - 14.2 This Contract shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, personal representatives, successors , and assigns .
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Potential obligations/risks: - 14.2 This Contract shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, personal representatives, successors , and assigns . - 14.4 The invalidity of any part or provision of the Contract Documents will not impair or affect in any manner whatsoever the validity, enforceability or effect of the remainder of the Contract Documents or this Contract.
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