Residential Construction Agreement (Page 4 of 6) in pdf

with the work, nor cause additional work to be carried on without the written consent of the Builder. All of the

work shall be done by the Builder or subcontractors in direct contract with the Builder.

15.

Disputes.

Should any dispute arise relative to the performance of this contract that the parties cannot satisfactorily

resolve, then the parties agree that the dispute shall be resolved by binding arbitration conducted by the

American Arbitration Association. The party demanding arbitration shall give written notice to the opposite

party and the American Arbitration Association promptly after the matter in dispute arises. In no event,

however, shall a written notice of demand for arbitration be given after the date on which a legal action

concerning the matter in dispute would be barred by the appropriate statute of limitations.

16.

Termination.

If Builder fails to supply proper materials and skilled workers; make payments for materials, labor, and

subcontractors in accordance with their respective agreements; disregards ordinances, regulations, or orders

of a public authority; or fails to materially comply with the provisions of the contract, Owners may give Builder

written notice to terminate. After seven (7) days if Builder has failed to remedy the breach of contract, Owners

can give a second notice to terminate. If Builder still fails to cure the breach within three (3) days after the

second notice, Owners may terminate the contract.

17.

Warranties.

Builder agrees to promptly make good, without cost to Owners, any and all defects due to faulty

workmanship and/or materials which may appear within one (1) year from the date of completion and

acceptance of the work by Owners.

THIS LIMITED WARRANTY IS THE ONLY EXPRESS WARRANTY PROVIDED BY Builder.

IMPLIED WARRANTIES, INCLUDING (BUT

NOT

LIMITED TO) WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, HABITABILITY, AND GOOD

WORKMANSHIP ARE DISCLAIMED AND LIMITED TO THIS WARRANTY.

18.

Right to Cure. FLORIDA LAW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW

BEFORE YOU MAY FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST A CONTRACTOR,

SUBCONTRACTOR, SUPPLIER, OR DESIGN PROFESSIONAL FOR AN ALLEGED CONSTRUCTION

DEFECT IN YOUR HOME. SIXTY DAYS BEFORE YOU FILE YOUR LAWSUIT, YOU MUST DELIVER TO

THE CONTRACTOR, SUBCONTRACTOR, SUPPLIER, OR DESIGN PROFESSIONAL A WRITTEN

NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE YOUR

CONTRACTOR AND ANY SUBCONTRACTORS, SUPPLIERS, OR DESIGN PROFESSIONALS THE

OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND MAKE AN OFFER TO

REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO

ACCEPT ANY OFFER MADE BY THE CONTRACTOR OR ANY SUBCONTRACTORS, SUPPLIERS, OR

DESIGN PROFESSIONALS. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER FLORIDA

LAW.

19.

Representations.

This Agreement constitutes the entire agreement between Owners and Builder, and supersedes all prior

negotiations, representations, understandings and agreements, either written or oral. This Agreement may be

amended only by written instrument signed by both Owners and Builder. Owners acknowledge that Builder has

made no guarantees, warranties, understandings, nor representations (nor have any been made by any

representatives of Builder) that are not included in the contract documents.

CONSTRUCTION INDUSTRIES RECOVERY FUND

PAYMENT MAY BE AVAILABLE FROM THE CONSTRUCTION INDUSTRIES RECOVERY

FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE

THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A

STATE-LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND

238741.DOC

4 of 6

KCL 2004

Residential Construction Agreement Page 4

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