Terms of service

1. Nature of Work. Andino Construction LLC shall furnish the labor and material to perform the work described herein or in the referenced contract documents.  Andino Construction LLC does not provide design, engineering, consulting or architectural services.  It is the Owner’s responsibility to retain a licensed architect or engineer to determine proper design and code compliance, including a determination as to whether and what type of a vapor or air retarder is needed.  If plans, specifications or other design documents have been furnished to Andino Construction LLC, Customer warrants that they are sufficient and conform to all applicable laws and building codes.  Andino Construction LLC is not responsible for any loss, damage or expense due to defects in plans or specifications or building code violations unless such damage results from a deviation by Andino Construction LLC from what is specified. Andino Construction LLC is not responsible for condensation, moisture migration from the building interior, roof deck or other building components, location or size of roof drains, adequacy of drainage, ponding on the roof, structural conditions or the properties of the roof deck or substrate on which Andino Construction LLC’s roofing work is installed.

2. Deck. Customer warrants that the deck and structures on which Andino Construction LLC is to work are in sound condition and capable of withstanding roof construction, equipment and operations. Andino Construction LLC’s commencement of roof installation indicates only that Andino Construction LLC has visually inspected the surface of the roof deck for visible defects.  Andino Construction LLC is not responsible for the structural sufficiency, quality of construction (including compliance with FMG criteria), undulations, fastening or moisture content of the roof deck or other trades’ work or design. Andino Construction LLC is not responsible to test or assess moisture content of the deck or substrate.

3. Asbestos and Toxic Materials. This proposal is based on Andino Construction LLC’s not coming into contact with asbestos-containing or toxic materials (“ACM”).  Andino Construction LLC is not responsible for expenses, claims or damages arising out of the presence, disturbance or removal of ACM.  Andino Construction LLC shall be compensated for additional expenses resulting from the presence of ACM. Customer agrees to indemnify Andino Construction LLC from and against any liability, damages, losses, claims, demands or citations arising out of the presence of ACM.

4. Payment. Unless stated otherwise in writing, Customer shall pay a 50% down payment due upon execution of the contract.  The balance of the contract price plus any additional charges for changed or extra work shall be due within 10 days of the invoice date.  If completion of the Work extends beyond one month, Customer shall make monthly progress payments to Andino Construction LLC due within 30 days of the invoice date for the value of Work performed during the preceding month, plus the value of materials suitably stored for the project.  All payments made by credit card will be assessed a 2% Fee.  All sums not paid when due shall earn interest at the rate of 1% per month.  Andino Construction LLC shall be entitled to recover from Customer all costs of collection incurred by Andino Construction LLC, including attorney’s fees, resulting from Customer’s failure to make proper payment when due.  Andino Construction LLC’s entitlement to payment is not dependent upon criteria promulgated by Factory Mutual Global, including wind uplift testing.

5. Right to Stop Work. The failure of Customer to make proper payment to Andino Construction LLC when due shall, in addition to all other rights, constitute a material breach of contract and shall entitle Andino Construction LLC, at its discretion, to suspend all work and shipments, including furnishing warranty, until full payment is made. The time period in which Andino Construction LLC shall perform the work shall be extended for a period equal to the period during which the Work was suspended, and the contract sum to be paid Andino Construction LLC shall be increased by the amount of Andino Construction LLC’s reasonable costs of shut-down, delay and start-up.

6. Insurance. Andino Construction LLC shall carry worker’s compensation, automobile and commercial general liability insurance.  Andino Construction LLC will furnish a Certificate of Insurance upon request.  Customer shall purchase and maintain builder’s risk and property insurance, including labor and materials furnished by Andino Construction LLC, covering fire, extended coverage, malicious mischief, vandalism and theft on the premises to protect against loss or damage to material and partially completed work until the job is completed and accepted.  Moneys owed to Andino Construction LLC shall not be withheld by reason of any damage or claim against Andino Construction LLC covered by liability, property or builder’s risk insurance.

7. Additional Insured. If Customer requires and Andino Construction LLC agrees to make Customer or others additional insureds on Andino Construction LLC’s liability insurance policy, Customer and Andino Construction LLC agree that the naming of Customer or others as additional insureds is intended to apply to claims made against the additional insured to the extent the claim is due to the negligence of Andino Construction LLC and is not intended to make Andino Construction LLC’s insurer liable for claims that are due to the fault of the additional insured.

8. Interior Protection. Customer acknowledges that re-roofing of an existing building may cause disturbance, dust, debris or fireproofing to fall into the interior.  Customer agrees to remove or protect property directly below the roof in order to minimize potential interior damage. Andino Construction LLC shall not be responsible for disturbance, detachment of fireproofing or other materials from the underside of the deck, damage, clean up or loss to interior property that Customer did not remove or protect prior to commencement of roofing operations.  Customer shall notify tenants of re-roofing and the need to provide protection underneath areas being re-roofed.  Customer agrees to hold Andino Construction LLC harmless from claims of tenants who were not so notified and did not provide protection.

9. Deck Repairs, Insulation Replacement and Unforeseen Conditions. Any work required to replace rotten, missing or deteriorated, rusted or crumbling decking shall be done on a labor and material or unit price basis as an extra unless specifically included in the scope of work. When re-roofing an existing roof, replacement of visible wet or deteriorated insulation shall be an extra or billed at unit prices unless otherwise stated on the face of this proposal. Unforeseen conditions that may affect the work will be reported to Owner and authorization requested prior to permanent repairs being performed.

10. Damages and Delays. Andino Construction LLC will not be responsible for damage done to Andino Construction LLC’s work by others, including damage to temporary tie-ins. Any repairing of the same by Andino Construction LLC will be charged as an extra.  Andino Construction LLC shall not be liable for liquidated or delay damages due to a delay in completion of the Project unless the delay was caused by Andino Construction LLC.  Andino Construction LLC shall not be responsible for loss, damage or delay caused by circumstances beyond its reasonable control, including but not limited to acts of God, accidents, snow, fire, weather, vandalism, regulation, strikes, jurisdictional disputes, failure or delay of transportation, shortage of or inability to obtain materials, equipment or labor.  In the event of these occurrences, Andino Construction LLC’s time for performance under this proposal shall be extended.

11. Limitation of Liability – Inspections. Andino Construction LLC conducts inspections of Customer’s roof and issues inspection reports as a courtesy to Customer and at a nominal fee. Customer and Andino Construction LLC agree that Andino Construction LLC does not warrant or guarantee that the inspection will discover every potential source of roof failure or leak. Andino Construction LLC also does not warrant or guarantee that the inspection will cause the roof to last for the full life of the manufacturer’s warranty or as long as noted in the inspection report. Should the roof experience a leak or failure that Customer alleges Andino Construction LLC should have discovered during the inspection, Customer and Andino Construction LLC agree that Andino Construction LLC’s maximum liability arising out of the alleged missed failure will be Andino Construction LLC’s fee for the inspection. Customer’s exclusive remedy against Andino Construction LLC, its owners, agents, and employees for any claimed failure or leak that Customer alleges Andino Construction LLC did not discover is to claim for return of Andino Construction LLC’s fee for the inspection and report. Customer and Andino Construction LLC agree that Andino Construction LLC is not liable for any consequential damages arising out of any claimed roof failure or leak that Andino Construction LLC did not discover during the inspection or note on Andino Construction LLC’s inspection report.

12. Roof Projections. Andino Construction LLC will flash roof projections that are in place prior to installation of roofing or shown on the architectural plans provided to Andino Construction LLC.  Penetrations not shown on the plans provided to Andino Construction LLC prior to submittal of this proposal or required after installation of roofing shall be considered an order for extra work, and Andino Construction LLC shall be compensated at its customary time and material rates for performing such additional work.

13. Wind Loads or Uplift Pressures. Design Professional is responsible to design the work to be in compliance with applicable codes and regulations and to specify or show the work that is to be performed.  Andino Construction LLC is not responsible for design, including calculation or verification of wind-load design.  To the extent minimum wind loads or uplift pressures are required, Andino Construction LLC’s bid is based solely on manufacturer’s printed test results.  Andino Construction LLC itself makes no representation regarding wind uplift capacity and assumes no liability for wind uplift.

14. Tolerances. All labor and materials shall be furnished in accordance with normal industry standards and industry tolerances for uniformity, color, variation, thickness, size, weight, finish and texture. Specified quantities are intended to represent an average over the entire roof area.

15. Fumes and Emissions. Customer acknowledges that odors and emissions from roofing products will be released as part of the roofing operations to be performed by Andino Construction LLC. Customer shall be responsible for interior air quality, including controlling mechanical equipment, HVAC units, intake vents, wall vents, windows, doors and other openings to prevent fumes and odors from entering the building.  Customer is aware that roofing products emit fumes, vapors and odors during the application process.  Some people are more sensitive to these emissions than others. Customer shall hold Andino Construction LLC harmless from claims from third parties relating to fumes and odors that are emitted during the normal roofing process.

16. Cost Escalation. Roofing materials and equipment are sometimes subject to unusual price volatility due to conditions beyond the control or anticipation of Andino Construction LLC.  If there is an increase in the actual cost or shipping and receiving of materials or equipment between the date of this proposal and the time when the work is to be performed, the amount of the contract may be increased to reflect the additional cost to Andino Construction LLC, upon submittal of written documentation.

17. Material Substitution. In the event that any specified material or equipment becomes unavailable either temporarily or permanently after the contract is executed, Andino Construction LLC may need to provide an “equal” substitute.  Any substitution will not affect the overall performance or warranty of the project.  Additionally, material delays may cause an overall project delay.  In the event of temporary material unavailability, the contract time shall be extended to reflect the duration of time that the contractor is delayed by the unavailability. To the extent an available substitute is provided by Contractor under this provision, any increase in the cost between the originally specified material and equipment and the substitute shall be paid by the Owner to the Contractor, upon prior approval.

18. Backcharges. No backcharges or claims for payment of services rendered or materials and equipment furnished by Customer to Andino Construction LLC shall be valid unless previously authorized in writing by Andino Construction LLC and unless written notice is given to Andino Construction LLC within five (5) days of the event, act or omission that is the basis of the backcharge.

19. Roof Top Safety. Owner warrants there will be no live power lines on or near the roof servicing the building where Andino Construction LLC will be working and that Owner will turn off any such power supplies to avoid an electrocution risk to Andino Construction LLC employees. Andino Construction LLC’s price is based upon there not being electrical conduit, cables, wires or other materials embedded within the roof assembly or attached directly to the underside or topside of the roof deck upon which Andino Construction LLC will be installing the new roof.  Owner will indemnify Andino Construction LLC from personal injury and other claims and expenses if Owner fails to turn-off power so as to avoid injury to Andino Construction LLC personnel or resulting from the presence of electrical conduit and live electrical power.  Andino Construction LLC is not responsible for costs of repair or damages, including disruption of service, resulting from damage to undisclosed or concealed electrical or other utility lines. Owner shall shut down roof located electronic equipment that emits or receives radio frequency waves while roofing contractor is to be working on the roof so that roofing personnel will not be subject to radio frequency waves or electromagnetic radiation while working on the roof and shall indemnify and hold Andino Construction LLC and its personnel harmless from any personal injury claims resulting from a failure by Owner to do so. Andino Construction LLC is not responsible for the safety of persons on the roof other than its own employees.  Owner and general contractor agree to indemnify and hold Andino Construction LLC harmless, including attorney’s fees, from claims for personal injury by persons or entities whom owner or general contractor have allowed or authorized to be on the roof.

20. Site Conditions. Andino Construction LLC shall be provided with direct access to the work site for the passage of trucks and materials and direct access to the roof.  Andino Construction LLC shall not be required to begin work until underlying areas are ready and acceptable to receive Andino Construction LLC’s work and sufficient areas of roof deck are clear and available and free from snow, water or debris to allow for continuous full operation. If Andino Construction LLC is required to perform its work out of sequence, to undertake multiple mobilization and demobilization, or to work around obstructions or equipment that were not shown on the original plans, Andino Construction LLC shall be entitled to additional compensation and time commensurate with the additional costs and time expended by Andino Construction LLC.  The raising, disconnection, re-connection or relocation of any mechanical equipment on the roof that may be necessary for Andino Construction LLC to perform the roofing work shall be performed by others or treated as an extra.

21. Warranty. New roofing and re-roofing work will be warranted by Andino Construction LLC in accordance with its standard warranty, which is made a part of this proposal and contract and incorporated by reference.  A facsimile of Andino Construction LLC’s standard warranty is attached or, if not, will be furnished upon request. Andino Construction LLC SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.  The acceptance of this proposal by the Customer signifies his agreement that this warranty shall be and is the exclusive remedy against Andino Construction LLC. A manufacturer’s warranty shall be furnished to Customer if a manufacturer’s warranty is called for on the face of this proposal.  It is expressly agreed that in the event of alleged defects in the materials furnished pursuant to this contract, Customer shall have recourse only against the manufacturer of such material.

22. Existing Conditions. Andino Construction LLC is not responsible for leakage through the existing roof or other portions of the building that have not yet been reroofed by Andino Construction LLC.  Andino Construction LLC is not responsible for satellite dish recalibration unless specifically stated in the scope of work.

23. Mold. Andino Construction LLC and Owner are committed to acting promptly so that roof leaks are not a source of potential interior mold growth.  Owner will make periodic inspections for signs of water intrusion and act promptly including prompt notice to Andino Construction LLC if Owner believes there are roof leaks, to correct the condition.  Upon receiving notice, Andino Construction LLC will make roof repairs. Owner is responsible for monitoring any leak areas and for indoor air quality.  Andino Construction LLC is not responsible for mold or indoor air quality.  Owner shall hold harmless and indemnify Andino Construction LLC from claims due to indoor air quality and resulting from a failure by Owner to maintain the building in a manner to avoid growth of mold.

24. Material References. Andino Construction LLC is not responsible for the actual verification of technical specifications of product manufacturers; i.e., R-value or ASTM or UL compliance, but rather the materials used are represented as such by the material manufacturer.

25. Oil-canning. Metal roofing and especially lengthy flat-span sheet-metal panels often will exhibit waviness, commonly referred to as “oil-canning.”  The degree of oil-canning and the appearance of the panels will vary depending on factors such as the length and color of the panels, alloy, gauge, galvanizing process, substrate condition, and exposure to sunlight.  Oil-canning pertains to aesthetics and not the performance of the panels.  The type of metal roofing panels specified can affect the degree of oil-canning.  Andino Construction LLC is not responsible for oil-canning or aesthetics.   Oil-canning shall not be grounds to withhold payment or reject panels of the type specified.

26. Working Hours. This proposal is based upon the performance of all work during Andino Construction LLC’s regular work hours. Extra charges will be made for overtime and all premium time if required by Customer.

27. Dispute Resolution. If a dispute shall arise between Andino Construction LLC and Customer with respect to any matters or questions arising out of or relating to this Agreement or the breach thereof, Andino Construction LLC and Customer will seek to mediate the dispute. If mediation is not successful, arbitration shall be conducted in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association unless the parties mutually agree otherwise. This Agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law.  The award rendered by the arbitrators shall be final, and judgment may be entered upon it in any Court having jurisdiction thereof.  Any legal claim against Andino Construction LLC alleging any breach of this contract or negligence by Andino Construction LLC must be initiated no later than two (2) years after Andino Construction LLC performed the roofing installation covered by this contract.  Collection matters may be processed through litigation or arbitration at the discretion of Andino Construction LLC.