Disclosures

COVID-19 PANDEMIC DISCLAIMER
Due to the pandemic, there is limited availability of products and equipment, permitting delays, shipping and logistical delays, labor shortage, and volatile cost increases.
As of January 1, 2021, the standard 10% overhead and 10% profit will be adjusted to 15% overhead and 15% profit across the board on all projects performed by Remodel Solution. Please note that the overhead and profit are deducted from the initial deposit of any invoice, contract, or agreement. Any changes made after the initial deposit for an invoice, contract, or agreement will reflect payment in full of overhead and profit of the original invoice, contract, or agreement. This increase will remain in effect until January 1, 2022.

BUYERS RIGHTS TO RESCIND

BUYERS RIGHTS TO RESCIND

You, the buyer, may cancel this transaction in writing at a time prior to commencement of work or midnight of the third business day after the date of this transaction. This contract/purchase order invoice and pricing are valid for seven days from the date on the sales document and will only remain active pending your deposit and subsequent start date. You will be invoiced according to the payment schedule outlined.  Any payment received is considered the buyers’ acknowledgment and acceptance of the terms & conditions for the services to be performed.  If you would like to discuss the terms of this contract or would like a printed copy of the full terms and conditions, please contact your project coordinator or manager.

WINTER STORM URI ~ WATER MITIGATION HAZARD AND HOLD HARMLESS DISCLAIMER

WATER MITIGATION HAZARD AND HOLD HARMLESS DISCLAIMER

  Due to the unprecedented and overwhelming damages sustained during Winter Storm Uri 2021, throughout the State of Texas and areas throughout the United States, this notice is to inform all parties affected of the National shortage of mitigation resources.  This is including and not limited to: HEPA accessories and tools, Vacuum tools, Air Scrubbers, Hydroxyl Machines, Negative Air equipment, Air Drying and Moving equipment in general, including Dehumidifiers, Carpet Drying fans, Inject-I-Dry mats, Axial fans, and many of the other common equipment and materials used to properly perform the mitigation procedure.

THERFORE,

Any request for mitigation and restoration services from For A Solution LLC d.b.a. Remodel Solution – Dallas, TX shall meet the minimum requirements:

  • All occupant(s) including pet(s) must vacate the property and remain off-site during the entire drying and restoration procedure.
  • All personal property and contents shall be considered owners responsibility regardless of Remodel Solutions’ effort to help manipulate and store said contents.
  • If for any reason any occupant(s) or content(s) shall remain or be present during any stage of the process, the owner, its carrier and any other party involved agree to Release and Hold Harmless and Indemnify, For A Solution LLC d.b.a. Remodel Solution Dallas, TX and it’s employees, subcontractors and affiliates of any claim(s) or action(s) that may result from the procedures provided, to include but not limited to: Health Issues and/or Property damages.
  • If at any point, any harmful contaminates or mold is discovered or uncovered, For A Solution LLC dba Remodel Solution, has permission to stop work, transfer work to a qualified abatement company, respectively, to further mitigate Mold, Asbestos, Lead and/or Covid-19 per local state and municipality rules and regulations or guidelines.

For A Solution LLC d.b.a. Remodel Solution – Dallas, TX is working with its vendors and suppliers to alleviate said shortages, however this disclosure shall remain in effect until all aspects of the procedures required return to normalcy.

IMPORTANT DISCLAIMER TO ALL CUSTOMERS, INSURERS, AGENTS OF INSURERS, ADJUSTERS & ENGINEERS

IMPORTANT DISCLAIMER TO ALL CUSTOMERS, INSURERS, AGENTS OF INSURERS, ADJUSTERS & ENGINEERS

Some of our customers may have a contract of insurance that covers all or part of our estimate or contract with our customer. If you are a customer, insurer, agent of insurer, adjuster, engineer, or work for an insurer, please take note that we only discuss facts and opinions of our estimates and contracts. If our customer has any contract of insurance, the contract is between the insurer and the insured. Our contract with our customer is a separate, independent contract. Our customer may ask us to provide a cost to repair damage caused by a recent storm to an insurer, agent of an insurer, adjuster, or engineer. Our authorization is limited to discussions of our estimate, contract, factual findings, and opinions, but not any policy of insurance. We are authorized to discuss our company’s repair costs as a quality contractor to repair storm damage. We can explain our bills, costs, and what we believe is the total costs to repair the storm damage. As a quality contractor, our company has experience and expertise in determining how much a quality contractor will charge to repair property damaged by storm events, and in interpreting and gathering evidence of causation of damages. Prior to issuing our estimates, we have interviewed our customer about the pre-loss condition of the property, conducted an inspection of the physical evidence at the site, gathered evidence from manufacturers of materials, and discussed the procedure and labor necessary to perform a repair or replacement of the damaged property. Accordingly, we may be able to provide you with proof of loss evidence as a fact or expert witness on the damage and costs of repair of the damage at issue. Our company is not a public adjusting company, nor is it a law firm, thus we do not offer or provide public adjusting or legal services to our clients. I am not an attorney or a public adjuster, therefore, neither I nor my company is collecting a fee for such services nor will we perform such services. Accordingly, we cannot and will not discuss the policy provisions of any policy of insurance our client may have with you nor are we authorized to negotiate the compromise of any insurance claim. A condition of my willingness and authority to communicate with you is your agreement that you will not solicit any information you believe would induce me to speak of any matter that constitutes the practice of public adjusting or law.

If at any moment you believe any of our communications are impacting or may impact any issue requiring a public adjusting or law license, you are to stop the communication immediately and ask to speak to the General Counsel of our legal department. If in the course of our communications you do not request to speak with the General Counsel of our legal department, we will reasonably assume that you conclude that our communications are authorized, within our authority, and do not involve any issue that would require a public adjusting or law license.

All receipt and use of any communications from my company or I are conditioned upon your acknowledgement of the following conditions set forth by our General Counsel in our legal department.

MATTERS YOU MUST DIRECT TO OUR LEGAL DEPARTMENT

MATTERS YOU MUST DIRECT TO OUR LEGAL DEPARTMENT

Please be advised that our company has a separate legal department to ensure legal and regulatory compliance of our company and employees. The legal department also deals with our customer’s legal compliance and the legal rights of our company. Any and all matters deemed by your company or employees to involve issues of public adjusting or the practice of law must be directed to our legal department.

If you are an insurer, agent of an insurer, adjuster, engineer, or anyone working for an insurer and any of your questions or inquiries require the interpretation of a policy, the law, or any legal rights of an insured, you must refer the questions or inquiries to the attention of the General Counsel in our legal department. No employee of this company is authorized to communicate on issues regarding anything that may be considered the practice of law or public adjusting. If you need to discuss the legal rights under a policy of insurance or any policy terms during the review of a contract, assignment, estimate, or claim investigation as an insurer or on behalf of an insurer, you must refer any such questions or inquiries to the attention of our General Counsel in our legal department. Any questions regarding insurance benefits or an assignment of benefits (AOB) to our company, you must refer this matter to our General Counsel in our legal department. The only appropriate entity to communicate any request or opinions that you deem to relate to matters of law or policy interpretation is the General Counsel of our legal department. You are advised that directing or soliciting information from our company or employees that may be considered unlicensed public adjusting or the unlicensed practice of law may be considered a crime. To reach our General Counsel, communications to our company or employees must be made to the attention of our legal department. Communications to our legal department will be forwarded accordingly.

TORTIOUS INTERFERENCE WITH A CONTRACT

TORTIOUS INTERFERENCE WITH A CONTRACT

All insurers are advised and put on notice that we have a valid contract with our clients for the repair of their property. It could benefit an insurer to have our client terminate or breach our contract in favor of a third party who may agree to perform a service that is either reduced in scope or price in contrast to our agreement. Please be advised that we reserve the right to bring legal action against any persons or company under a good faith belief of tortuous interference with the contract between our company and our client.

WE REPORT INSURANCE FRAUD

WE REPORT INSURANCE FRAUD

Our company has a zero-tolerance policy for insurance fraud. It is our policy that all suspected instances of insurance fraud by any persons must be reported to the General Counsel of our legal department. If we and our legal department deem that an adjuster and/or engineer had faked any fact to impact an insurance claim, which is a crime, we will report such evidence to the proper authorities. Please be advised that we are a member of the American Policyholders Association (https://www.insurancefraud.org/jifa/nov-2019/insurers-policyholders-must-unite-a), and we reserve the right to investigate such fraudulent conduct in good faith and report any evidence of carrier or insurance fraud by any insurer agent, adjuster, or engineer to the State Attorney General, Commissioner of Insurance, local authorities, and the relevant adjusting or engineering licensing department.

DISCLAIMER APPLICABLE TO ALL XACTIMATE REPORTS

DISCLAIMER APPLICABLE TO ALL XACTIMATE REPORTS

We provide lump-sum estimates as market-rate offers that guarantee a price on a given scope. Therefore, while Xactimate may be a useful tool to estimate what an ultimate breakdown of a cost-plus pricing model may look like, we do not use a cost-plus pricing model. We understand that others may use Xactimate cost-plus estimates to determine if our lump sum bid or contract is market rate. If requested, we may offer a computerized artificial bid calculator model in Xactimate format, or have a third party do so. This is provided solely for you to compare our lump sum bid to other market rate bids for quality contractors in the area. Xactimate estimates are not the same as getting bids from other quality contractors and Xactimate provides a cost-plus format. Xactimate does not include or account for the added costs or considerations of expenses incurred by a disaster recovery contractor or the guarantee of unit pricing present in our offer. Our company has not itemized various general and specific costs that our company has spent to date or will spend. We encourage you to source actual bids to compare our lump sum price at this time in this market. Any Xactimate format given to you does not account for or charge various costs and expenses such as travel or remote and emergency staging of personnel and materials, nor does it provide a guarantee of unit pricing or actual labor rates or time. The overhead and profit summary in Xactimate is for your overall calculation to compare other bidders, and may not reflect the actual amount of profit or loss overall to our company which is relevant to our cost to perform this job. We have provided a lump sum cost for the described scope for us to do the work as a quality contractor. Xactimate models are a cost-plus pricing format that does not match a lump sum pricing model. Xactimate’s cost-plus estimate does not provide a guarantee of the actual pricing of unit costs or material and labor, and thus to translate the Xactimate estimate into a bid and binding obligation, either the customer and insurer need to take the risk of the actual pricing of unit costs, material, and labor, or this risk needs to be borne by a trusted contractor. We, as the contractor, have agreed to take the risk of the actual pricing of unit costs, materials, and labor in exchange for a lump sum bid and contract based upon a specified scope. The actual cost of subcontract work (including but not limited to the actual pricing of unit costs, materials, and labor) may differ from this Xactimate estimate, which is a cost-plus analysis estimate and will unlikely reflect a lump sum contract. The actual overhead and profit realized may be higher or lower depending upon the actual market, but as this is a lump sum contract, we guarantee the final price on the specified scope. We do not add outside or general expenses and do not charge or credit for costs or below market rates our company may have to compensate for unrecoverable expenses. This Xactimate estimate is not an offer by our company on individual line items. It is a bid and offer on only the lump sum price. The final cost and scope are offered as a lump sum only and is only to be considered for acceptance by you. If your company or our customer authorizes us to perform this job for a total lump sum of our estimate, we consider this a binding bilateral obligation and we take the risk to guarantee work and pricing on the scope provided considering overall expenses and overhead are not included or accounted for in this Xactimate estimate. Our lump sum price is only applicable for the scope set forth in this estimate, and if the scope of the repair or replacement requires us to increase the scope, we reserve the right to supplement.

COVID-19 PANDEMIC DISCLAIMER

COVID-19 PANDEMIC DISCLAIMER

Due to the pandemic, there is limited availability of products and equipment, permitting delays, shipping and logistical delays, labor shortage, and volatile cost increases.
As of January 1, 2021, the standard 10% overhead and 10% profit will be adjusted to 15% overhead and 15% profit across the board on all projects performed by Remodel Solution. Please note that the overhead and profit are deducted from the initial deposit of any invoice, contract, or agreement. Any changes made after the initial deposit for an invoice, contract, or agreement will reflect payment in full of overhead and profit of the original invoice, contract, or agreement. This increase will remain in effect until January 1, 2022.

Full Terms and Conditions:

The following Terms and Conditions are expressly incorporated into all Service Agreement(s). The Service Agreement(s) constitute the entire understanding of the parties involved. The “Seller/Contractor” and the “Buyer/Client” enter this agreement willfully and knowing of the responsibilities respectively.  No other understanding or representations, verbal or otherwise, shall be binding unless an Addendum is in writing and signed by all parties. Any Service Agreement(s) shall not become effective or binding upon either Buyer or Seller until a deposit for services has been rendered.  The Buyers’ issuance of a deposit acknowledges access to the publication of the Buyers’ Right to Rescind and the Terms and Conditions of the Sellers’ Service Agreement(s).

Terms and Conditions:

  1.  CHANGES IN THE WORK. Should the buyer, construction lender, or any public body or inspector direct any modification or addition to the work covered by this agreement, the agreement and pricing shall be adjusted accordingly.  NOTE ABOUT EXTRA WORK AND CHANGE ORDERS.  Extra Work and Change Orders become part of the agreement once the order is prepared in writing and approved by all parties prior to the commencement of any work covered by the new change order. The order must describe the scope of the extra work or change, the cost to be added or subtracted from the contract, and the effect the order will have on the schedule of progress and payments.  However, failure to have written authorization shall not be deemed fatal to the collection of reimbursement for extra work performed under misguidance.
  2.  RESPONSIBILITIES OF THE PARTIES. The Seller shall promptly notify the Buyer of (a) subsurface or latent physical conditions at the site differing materially from those indicated in the original agreement, or (b) unknown physical conditions differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the agreement, or (c) the remedy determined is extra work and upon discovery and notification, the Buyer shall pay for any expense incurred by the Seller due to such conditions.  The Buyer is responsible for supplying water, gas, sewer, and electrical utilities unless otherwise agreed to in writing. These elements are necessary for the proper completion of any project.  The client agrees to allow and provide the Contractor, operators, and equipment access to the property.  The Buyer agrees to provide toilet facilities.  The Buyer is responsible for having sufficient funds to comply with this agreement. This is a check or electronic transfer transaction unless otherwise specified.  The Client is responsible to remove or protect any personal property and the Contractor is not responsible for it or for any driveways, lawns, shrubs, etc.  The Client will provide a survey point, and warrant the property lines to the Contractor.
  3. DELAYS. Contractor agrees to start and diligently pursue work through to completion, but shall not be responsible for delays for any of the following reasons: failure of the issuance of all necessary building permits within a reasonable length of time, funding of loans, disbursement of funds into funding control or escrow, acts of neglect or omission of Buyer or Clients’ Employees’ or agents’, acts of God, stormy or inclement weather, civil unrest, pandemics, strikes, lockouts, boycotts, or labor union activities.  Extra Work ordered by Client, acts of public enemy, riots or civil commotion, inability to secure material through regular recognized channels, imposition of government priority or allocation of materials, failure of Client to make payments when due, or delays caused by inspection or changes ordered by the inspectors of authorized governmental bodies, or for acts of independent contractors, holidays, or other causes beyond Contractor’s reasonable control.
  4. PLANS & SPECIFICATIONS.  Any finalized blueprints, plans, notations, and/or work scope specifications prepared or modified at any point after the agreed purchase order is invoiced and a deposit for said project is made, shall be evaluated, priced accordingly, and become part of this agreement.  Changes or modifications made to a plan-set or work scope are the inherent financial responsibility of the Client, not the Contractor.
  5. SUBCONTRACTS. The Contractor may subcontract any portion(s) of this work to properly licensed and qualified subcontractors.  The Client may not seek to employ said sub-contractor(s) for any project at any future time without the express written consent of the Seller.  Failure to comply will result in civil actions. 
  6. FEES, TAXES, AND ASSESSMENTS.  The Buyer will pay for taxes and assessments of all descriptions. The Contractor will obtain and pay for all required building permits.  However, the Client will pay assessments and charges required by public bodies and utilities for financing or repaying the cost of sewers, storm drains, water services, school taxes, school facilities, other utilities, and all connection charges or taxes.
  7. INSURANCE AND DEPOSITS. The client will procure at the Client’s expense and before the commencement of any work herein, Risk insurance within the course of construction, to protect against, fire, wind, water, severe weather, vandalism, and malicious mischief, with error and omissions clauses attached. Said insurance, or at minimum homeowner’s insurance with such coverage to be a sum at least equal to the contract price with loss, if any, payable to any beneficiary under any deed of trust covering the project; such insurance shall also name the Contractor and any subcontractors as additional insured and to include sufficient funds to protect Client, Contractor, subcontractors, and construction lender as their interests may appear. Should Client fail to do so, Contractor may procure such insurance as agent for and at the expenses of Client, but is not required to do so.  Remodel Solution holds Commercial General Liability insurance with per-occurrence limits equal to/or greater than those required by law.  If the project is destroyed or damaged by accident, disaster, or calamities, such as a third-party cause, or act of God, fire, storm, earthquake, flood, landslide, or by theft or vandalism, or any errors or omissions not found to be the fault of the Contractor by authorized governmental bodies, all work shall be done by the Contractor in rebuilding or restoring the project and shall be paid for by the client or client’s insurance as extra work.  Client shall obtain and pay for insurance against injury to Client’s own employees and persons under Client’s direction and persons on the job site at Client’s invitation.
  8. RIGHT TO STOP WORK:  The Contractor shall have the right to stop work if any payment shall not be made, when due, to the Contractor under any Service Agreement(s).  The contractor may keep the job idle until all payments due are received.  This remedy is in addition to any other right or remedy that the Contractor may have. Such failure to make payment when due, is a material breach of the Service Agreement(s).  The Client acknowledges that the additional costs for the delay in stopping and starting the project shall be treated as extra work and allow the Contractor additional costs in accordance with paragraph one hereof.
  9. CLEAN-UP.  The Contractor will remove from the Client’s property debris and surplus material created by this operation and leave it in a neat and broom-clean condition.
  10. LIMITATIONS. No action of any character arising from or related to this agreement, or the performance thereof, shall be commenced by either party against the other more than (2) two years after completion of the project or cessation of work under this Agreement. Upon written notice, at any given time the terms and conditions herein are subject to change.
  11. PROCEDURE,  ATTORNEY & FEES.  The parties involved do hereby establish the following out-of-court alternate dispute resolution procedure to be followed in the event any controversy or dispute should arise out of, or relating to this contract or relating to any change orders or other changes or addendums to this contract.  If a dispute develops between the parties of this Agreement, the parties will submit to binding mediation to address any controversy or claim arising out of, or relating to this. Both parties shall share the cost of the dispute resolution process equally up to and including the mediation settlement agreement or arbitration award.  Personal attorneys and witnesses or specialists are the direct responsibility of each party respectively and said fees and expenses shall be the responsibility of the individual parties.  As part of the decision of the mediator in binding mediation or as part of the Arbitration Award, the mediator or arbitrator shall award the prevailing party reasonable attorney’s fees and reasonable expenses in any manner in which the mediator or arbitrator feels is fair and equitable to the parties. The Mediation Settlement Agreement and/or Arbitration Award shall be binding on the parties and shall be enforceable in any court of competent jurisdiction.
  12. PAYMENT. Upon satisfactory payment being made for any portion of the work performed, the Contractor shall, prior to any further payment being made, furnish to the Client and/or Lender contracting for the service, a full and unconditional release from any claim or Mechanic’s Lien pursuant to the Civil Code, for that portion of the work for which payment has been made.  A conditional waiver of lien may be requested by and be awarded to an accredited financial institution only. 
  13. ASBESTOS, MOLD, AND HAZARDOUS WASTE. Unless the contract specifically calls for the removal disturbance, or transportation of asbestos or other hazardous substances, the parties acknowledge that such work requires special procedure, precautions, and/or licenses. Therefore, unless the contract specifically calls for said service, if Contractor encounters such substances, Contractor shall immediately stop work and allow the Client to obtain a qualified mold, asbestos, and/or hazardous material contractor to perform the work, or the Contractor may subcontract a specialist to perform the work at the Contractor’s option.  Said work will be treated as a change order or extra work under the original Service Agreement(s).