HomeMy WebLinkAboutPermit Correspondence 2007-8-27
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Van ,Dorn,Construction, Inc.
Solid Ground Foundation Repair
541-510-3366 . CCB#165804
880 So. 45th Place, Springfield, OR 97478
Licensed and Bonded
PROPOSAL & CONTRACT
Date: 8/27/07
Submitted to: Jeff Towery
6883 Forsythia Street
Springfield, OR 97478
Site: Residence at 6883 Forsythia Street
SCOPE OF WORK
Contractor will:
I. Excavate drainage trench to extent along entire west side, route to city storm drain.
2. Haul excess material off site.
3. Saw cut approx. 12" wide by 9' long section of back patio.
4. Install grate drain into patio and pipe to west side of structure.
5. Construct drain as per engineer's plan.
6. Replace removed portion of back patio with exposed aggregate concrete.
)) Section of back patio to be matched as close as possible with new concrete.
'TOTAL PRICE: $5,000
>> If this proposal is not accepted within 30 days, price is subject to change.
The client understands and accepts that the contractor is not responsible for interior
plaster/drywall, exterior siding or landscaping damage caused by the normal course of mstallation
of F ASTEEL@ piers and cannot be held liable for same.
All material is guaranteed to be as specified, and the above work to be performed in accordance
with the drawings and specifications submitted for the work and completed in a substantial
workmanlike manner for the sum of exactly Five Thousand Dollars, to be tendered as scheduled
below:
% due upon acceptance
Balance due upon project completion
Van Dom Construction, Inc. certifies upon Client's final payment that material suppliers, labor &
sub-contractors used on this project have been paid in full.
Any alteration or deviation from the above specifications involving extra costs, will be executed
only upon Client's authorization, and will become an ';'AL.a. charge over the contract price, billable
on a Time & Materials basis at a labor rate of$35 per hour and material rate at cost plus (+) 10%.
Any deviation from the above mention "scope of work" involving additional pIers, shall be
defmed in a written "change of contract" to be signed and agreed upon by both parties before
additional work is completed. This agreement I~pl~sents the entire und~ll>l.anding of Client and
Contractor as to those matters contained herein. No prior oral or written understanding shall be of
force or effect, with respect to those matters covered hereunder. This agreement may not be
altered except in writing signed by both parties.
All disputes hereunder shall be resolved by binding arbitration in accordance with rules of the
American Arbitration Association.
ACCEPTED this;:2! day of ~A ff ,2007.
The above prices, specifications and ,conditions are satisfactory. You are authorized to do the
:yod~Will 00 rendered M :ri~~~~ C. J ~ 7L
F I Jeff Towery For Van Dom Construction, Inc.
Client:
Please initial below for receipt of "Information Notice", "Limitations", "Consumer
Notification" & "Owners Duty"
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CONSTRUCTION CONTRACTORS BOARD
700 Summer St NE SUite 300
PO Box 14140
Salem OR 97309-5052
Telephone 503-378-4621
Fax 503-373-2007
Web Address www ccb state or us
INFORMATION NOTICE
TO OWNER ABOUT CONSTRUCTION LIENS
(' This is not a lien. It is provided to you by your contractor to inform you about construction lien laws.
An Information Notice is not a reflection upon the integrity or credit standing of your contractor. This
Information Notice explains the construction lien law and steps you can take to protect your property
from a valid lien. As an owner, you should read this Information Notice carefully. This InformatIOn
Notice is required to be given if you contract for residentJal construction or remodeling or if you are
buying a new home, at any time the contract price exceeds $1,000.
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Under Oregon law, your contractor and others who provide labor, materials, equipment or services to your project may
be able to claim payment from your property if they have not been paid. That claim is a construction lien
If your contractor does not pay subcontractors, employees, or rental equipment or material suppliers or does not make
other legally required payments, those who are owed money may lien your property for payment. It is in your best
interest to verify that all bills are paid, even if you have paid your contractor in full.
If you occupy or will occupy your home, persons who supply materials, labor, equipment or services ordered by your
contractor are permitted by law to record a lien against your property only if they have sent you a timely Notice of
Right to Lien (which is different from this Information Notice) before or during construction. If you enter into a
contract to buy a newly-built, partially-built or newly-remodeled home, a lien may be claimed even though you have
not received a Notice of Right to a Lien. If you do not occupy the building, a Notice of Right to Lien is not required
prior to filing a lien.
Common Questions and Answers about Construction Liens
Can someone record a construction lien even if I pay my contractor? Yes. Anyone who has not been paid for
labor, material, equipment, or services on your project and has provided you with a valid Notice of Right to Lien
(where one is required) has the right to record a construction lien.
What is a Notice of Right to Lien? In certain circumstances persons with whom you do not have a contract are
required to send you a Notice of Right to a Lien if they intend to protect their construction lien rights against your
project. It is sent to you for your protection. It is not a construction lien.
What should I do when I receive a Notice of Right to Lien? Don't ignore it. Find out what arrangements your
contractor has made to pay the sender of the Notice of Right to Lien.
When do construction liens need to be recorded? In Oregon, construction liens generally need to be recorded
within 75 days from the date the project was substantially completed or 75 days from the date that the lien claimant
ceased to provide labor, material, equipment or services, whichever is earlier. To enforce a lien, the lien holder must
file a lawsuit in a proper court within 120 days of the date the lien was recorded.
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(Important information on other side)
How to Protect Yourself
. When you pay your contractor for materials, labor, equipment or services, you may wish to consider making your
checks payable jointly to the contractor and whoever sent you a Notice of Right to Lien.
. You can ask for a statement of the reasonable value of the materials, labor, equipment or services provided to your
project from everyone who sends you a Notice of Right to Lien. If the informatiOn is not provided in a timely
manner, the sender of the Notice of Right to Lien may still be able to record a construction lien, but is not entitled
to attorney fees.
. Consider using the services of an escrow agent to protect your interests. Consult your attorney to find out whether
your escrow agent will protect you against liens when disbursing payments.
. Contact a title company about obtaining a title pohcy that will protect you from construction lien claims.
. Ask your contractor, lending institution and architect what precautions, if any, they will take to protect your
project from construction liens.
. Get evidence that those who sent you a Notice of Right to Lien have been paid or have waived all their
construction lien rights.
. Have a written contract with your contractor. A written contract is required for projects greater than $2,500, and
highly recommended for projects less than that.
. Review the Consumer Notification form (ORS 701), which your contractor must provide to you when a bid or
proposal is made on a residential structure. ,
. Contact the Construction Contractors Board (CCB) and confirm that your contractor is licensed. The law requires
all construction contractors to be licensed with the CCB or landscape businesses licensed with the Landscape
Contractors Board (LCB). Contact the CCB at www.ccb.state or us or 503-378-4621 Call the LCB at 503-986-
6561. Should you have a dispute with your contractor, you may be able to file a claim with the CCB or LCB and
be reimbursed in whole or in part from the contractor's bond. For more details about help available through the
agency, write to the CCB at PO Box 14140, Salem, OR 97309-5052 or call 503-378-4621.
. Consult an attorney. If you do not have an attorney, consider contacting the Oregon State Bar referral service at
503-684-3763 or 1-800-452-7636.
Signing this Information Notice indicates only that you have received it. Your signature does not give your contractor
or those who provide material, labor, equipment, or services any additional rights to place a lien on your property.
Job site address 6g8 J (or)v+k~... r-l,) )PI;...~-r;---4'..) J 01'-
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Received by:
This Notice was furnished by:
_ J&J\ v- V~ 1" '" La \.-\ j+,,^ C <...... ) J'-1 c .
(Contractor)
16'fg-oY
(CCB #)
" ).2.. ,/ 0 1
(Date') ,
(Owner(s))
(Date)
The material in this Information Notice is not intended to be a complete analysis of the law in
ORS Chapters 87 and 70 1. You may request a more detailed description of Oregon lien law called:
"Required Residential Construction Notices" by calling 503-378-4621 to request the publication.
For more detailed information, consult an attorney.
(lnf~~tc2/f/06-01-04)
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Van Dorn Construction, Inc.-
Solid Ground Foundation Repair
LIMITATIONS OF THE WORK
LIMITATIONS OF REMEDY - The proposed remedies do not exclude the need for
additional work now or later on. The Work is not intended to be a "Fix-All".
PLUMBING - Separations in plumbing may exist prior to The Work and/or may occur
as a result of The Work. The owner releases Solid Ground Foundation Repair from all
responsibility for damage to plumbing as a result of The Work or consequential damages
to the structure caused by plumbing leaks.
PRE-EXISTING DEFECTS - The Owner releases Solid Ground Foundation Repair
from all responsibility for damages caused by pre-existing defects. Defects may include,
but are not limited to, insufficient steel reinforcement and weak concrete.
RECOVERY EXCLUSION - Solid Ground Foundation Repair will lift only what the
structural integrity will allow. The lift may be hindered by previous repairs.
CONCRETE REPLACEMENT - If The Work includes installing piers through
concrete, replacement concrete may not match existing concrete.
OBSTRUCTIONS - Should Solid Ground Foundation Repair encounter a rock or other
,obstacle that cannot be removed by normal procedures. Owner assumes responsibility for
additional charges and/or fees for the additional work. The fee and scope of additional
work to be approved in writing via change order by both parties before proceeding.
LANDSCAPING - Plants that are affected by excavation may not survive. No Warranty
of any kind is extended to plants. The Owner may opt to hire a qualified professional to
remove and replace plants.
UPHEAVAL - Solid Ground Foundation Repair uses piers that are not designed to
remedy or prevent upheaval of the foundation. Solid Ground Foundation Repair is not
liable for any damage as a result of upheaval of the foundation.
DAMAGE EXCLUSION - Solid Ground Foundation Repair will carefully perform The
Work. However, cracks may develop in concrete, brick, sheetrock, rock veneer or other
rigid materials during the course of The Work. Solid Ground Foundation Repair shall not
be liable for any such damages.
POSSIBLE FUTURE MOVEMENT - There is always potential for future movement
of the framing of the structure. Solid Ground Foundation Repair recommends waiting at
least one seasonal moisture cycle before making any cosmetic repairs.
Consumer No,tificatiQn
[ORS 701.055 (13)]
You can do more to protect yourself before hiring a contractor than the CCB can do to help you after problems
have developed. Here are some suggestions to prevent problems on construction projects.
Choose a licensed contractor
Check if your contractor is licensed with the General Contractor-All Structures ($15,000 bond,
CCB at www ccb state or us or 503-378-4621 $500,000 insurance)
uSing the contractor's license number or phone · General Contractor-Residential Only ($15,000
number. bond, $500,000 insurance)
· Specialty Contractor-All Structures ($10,000
bond, $500,000 Insurance)
· Specialty Contractor-Residential Only ($10,000
bond, $300,000 insurance)
· Limited Contractor ($5,000 bond, $100,000
insurance
· Inspector ($10,000 bond, $300,000 insurance
· Licensed Developer ($15,000 bond, $500,000
insurance)
A license means the contractor has a surety bond
and liabIlity and property damage insurance
Licensing IS not a guarantee of the contractor's
work.
Check the contractor's license category Each
category has different surety bond and liability
insurance reqUIrements for contractors'
Chec,k out your contractor
Ask for and check references. Get educated. Request a free brochure called 16
Ways to Avoid Repair, Remodeling and Construction
Don't automatically accept the lowest bid. Problems. Use the phone number or web address
below
Be smart during the project
Take your time and plan your project Do not pay the full cost of the job in cash before
work begins.
Have a signed, written contract before the work is
started or you pay any money. Only sign a contract
when you understand all the terms.
Keep good written records. Keep receipts,
change orders, a phone conversation log, etc.
Read your lien notice. The business you contract
with is required by law to gIve you a document
called "Information Notice to Owner about
Construction LIens" if the contract pnce IS more
than $1, 000 You can also get a copy by contacting
the CCB.
Make changes to the original contract in writing,
including any differences In cost and extensions pf
completion dates.
Read your EPA pamphlet Federal law requires
contractors to distribute the pamphlet "Protect Your
Family from Lead in Your Home" to homeowners
before beginning work on pre-1978 housing. You can
also get a copy by calling 800-424-LEAD or visit
www eoa aov/lead.
If you have a complaint
Contact the CCB. Phone 503-378-4621 or e-mail You can file a claim against a licensed contractor
ccb.info@state.or.us within one year of the work being substantially
completed.
(Infonnation in this brochure is not legal advice. For legal advice, consult with an attorney.)
ConstructIon Contractors Board
PO Box 14140, 700 Summer St NE SUite 300. Salem OR 97309-5052
phone 503-378-4621 www ccb state or us fax 503-373-2007
(f/cons-nfl -04)
Owner's Duty to Notify Contractor in the
Event of a Residential Construction Dispute
(ORS 701.560)
Oregon law contains important requirements you must follow before you may
start a court action or arbitration against any contractor, subcontractor or
supplier (materials or equipment) for construction defects.
Before you commence a court action or arbitration, you must do the
following:
1. Deliver a written notice of any conditions you allege are defective to the
contractor, subcontractor or supplier you believe is responsible for the
alleged defect.
2. Provide the contractor, subcontractor or supplier the opportunity to make
an offer to repair or pay for the defects. You are not obligated to accept
any offer made by the contractor, subcontractor or supplier.
There are strict deadlines and procedures that must be followed under Oregon
law. Failure to meet those deadlines or follow those procedures will affect
your ability to commence arbitration or a court action. You should contact an
attorney for information on deadlines and procedures required under Oregon
law.
Your contractor is supplying this notice to you to fulfill the requirements of ORS 701.560
enacted by the 2003 Oregon legislature.
F/ownersduty7-04