Contract Terms and Conditions

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GEORGIA

O.C.G.A. § 10-1-393.12. Right to Cancel**

You may cancel this contract at any time before midnight on the fifth business day after you have received written notification from your insurer that all or any part of the claim or contract is not a covered loss under the insurance policy. This right to cancel is in addition to any other rights of cancellation which may be found in state or federal law or regulation. See attached notice of cancellation form for an explanation of this right.

“NOTICE OF CANCELLATION”

If you are notified by your insurer that all or any part of the claim or contract is not a covered loss under the insurance policy, you may cancel the contract by mailing or delivering a signed and dated copy of this cancellation notice or any other written notice to (name of contractor) at (address of contractor’s place of business) at any time prior to midnight on the fifth business day after you have received such notice from your insurer.

I HEREBY CANCEL THIS TRANSACTION

 

Date

 

Insured’s signature

 

O.C.G.A. § 8-2-41. Notice to consumer prior to beginning initial construction work

GEORGIA LAW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT OR OTHER ACTION FOR DEFECTIVE CONSTRUCTION AGAINST THE CONTRACTOR WHO CONSTRUCTED, IMPROVED, OR REPAIRED YOUR HOME. NINETY DAYS BEFORE YOU FILE YOUR LAWSUIT OR OTHER ACTION, YOU MUST SERVE ON THE CONTRACTOR A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE. UNDER THE LAW, A CONTRACTOR HAS THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS OR BOTH. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY A CONTRACTOR. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT OR OTHER ACTION.

INDIANA

I.C. § 24-5-11-10 (e) – Disclosure Regarding Initiating Lawsuits on Behalf of Insured Homeowners

 

Neither the real property improvement supplier (RoofClaim.com) nor a third party (subcontractor) may initiate or pursue a claim with the insured consumer’s insurance company.

 

I.C. § 24-5-11-10.6 – Statement of right to cancel; notice of cancellation; consumer’s right to cancel; effective date of notice; return of payment or deposit; emergency or temporary services performed

 

“You may cancel this contract at any time before midnight on the third (3) business day after the later of the following:

  1. The date this contract is signed by you and (RoofClaim.com or applicable entity).
  2. If applicable, the date you receive written notification from your insurance company of a final determination as to whether all or any part of your claim or this contract is a covered loss under your insurance policy.

See attached notice of cancellation form for an explanation of this right.

 

NOTICE OF CANCELLATION

You may cancel this contract by mailing, delivering, or submitting by electronic mail a signed and dated copy of this cancellation notice or any other written notice to RoofClaim.com, LLC at 1690 Roberts Blvd. Suite 112, attn:  Legal Department, Kennesaw, Georgia 30144, or legal@roofclaim.com, at any time before midnight on the third business day after the later of the following:

  • The date this contract is signed by you and RoofClaim.com, LLC.

 

  • If applicable, the date you receive written notification from your insurance company of a final determination as to whether all or any part of your claim or this contract is a covered loss under your insurance policy.

If you cancel this contract, any payments made by you under the contract will be returned to you within ten (10) business days following receipt by RoofClaim.com, LLC of your cancellation notice, minus any amounts you may owe for work already done by RoofClaim.com, LLC.

I HEREBY CANCEL THIS TRANSACTION

____________________________________________

(date)

____________________________________________

(consumer’s signature)

KENTUCKY

Title XXIX Chapter 367 KY Rev. Stat.  § 367.624 Roofing contractor’s duty to disclose cancellation rights and provide standard form.

 

You may cancel this contract at any time before midnight on the fifth business day after you have received written notification from your insurer that all or any part of the claim or contract is not a covered loss under the insurance policy. This right to cancel is in addition to any other rights of cancellation you may have under state or federal law or regulation. See the attached Notice of Cancellation form for an explanation of this right.

 

 

NOTICE OF CANCELLATION

 

……………………………………………….

 

(enter date of transaction)

 

If you are notified by your insurer that all or any part of the claim or contract is not a covered loss under the insurance policy, you may cancel this contract without penalty or monetary obligation before midnight of the fifth business day after you have received notice from your insurer. To cancel this transaction you may use any of the following methods: mail or otherwise deliver a signed and dated copy of this cancellation notice, or any other written notice of cancellation which you sign and date, to (enter physical address of roofing contractor), or e-mail a notice of cancellation to (enter e-mail address of roofing contractor), or transmit a notice of cancellation to (enter facsimile number of roofing contractor), not later than midnight of the fifth day after you receive notice from your insurer.

 

I HEREBY CANCEL THIS TRANSACTION.

 

………………………………………………..

 

(Date)

 

………………………………………………..

 

(Buyer’s Signature)

LOUISIANA

La. Stat. Sec 37 §2175.1. Homeowner’s Right to Cancel**

You may cancel this contract in connection with the repair or replacement of a roof system at any time within seventy-two hours after you have been notified that your insurer has denied all or any part of your claim to pay for the goods and services to be provided under this contract. See attached notice of cancellation form for an explanation of this right.

NOTICE OF CANCELLATION

If your insurer denies all or any part of your claim to pay for goods and services in connection with the repair or replacement of a roof system to be provided under this contract, you may cancel the contract by mailing or delivering a signed and dated copy of this cancellation notice or any other written notice to (name of home improvement contractor) at (address of contractor’s place of business) at any time within seventy-two hours after you have been notified that your claim has been denied. If you cancel, any payments made by you under the contract, except for certain emergency work already performed by the contractor, shall be returned to you within ten business days following receipt by the contractor of your cancellation notice.

I HEREBY CANCEL THIS TRANSACTION

 

____________________________

(Date)

____________________________

(Insured’s Signature)

OHIO

Ohio Rev. Code § 4113.62(B)(2) Construction contract provisions against public policy.

EXCESS COSTS

IF AT ANY TIME A HOME CONSTRUCTION SERVICE REQUIRES EXTRA COSTS ABOVE THE COST SPECIFIED OR ESTIMATED IN THE CONTRACT THAT WERE REASONABLY UNFORESEEN, BUT NECESSARY, AND THE TOTAL OF ALL EXTRA COSTS TO DATE EXCEEDS FIVE THOUSAND DOLLARS OVER THE COURSE OF THE ENTIRE HOME CONSTRUCTION CONTRACT, YOU HAVE A RIGHT TO AN ESTIMATE OF THOSE EXCESS COSTS BEFORE THE HOME CONSTRUCTION SERVICE SUPPLIER BEGINS WORK RELATED TO THOSE COSTS. INITIAL YOUR CHOICE OF THE TYPE OF ESTIMATE YOU REQUIRE:

 

….. written estimate ….. oral estimate

Tennessee

TN Code § 62-6-603. Homeowner’s Right to Cancel**

 

You may cancel this contract at any time before midnight on the third business day after you have received written notification from your insurer that all or any part of the claim or contract is not a covered loss under your insurance policy.  This right to cancel is in addition to any other rights of cancellation which may be found in state or federal law or regulation.  See attached notice of cancellation form for an explanation of this right.” 

 

NOTICE OF CANCELLATION

            If you are notified by your insurer that all or any part of the claim or contract is not covered loss under your insurance policy, you may cancel the contract by mailing or delivering a signed and dated copy of this cancellation notice or any other signed and dated written notice to Roofclaim.com, LLC, attn:  Legal Department, 1690 Roberts Boulevard, Suite 112, Kennesaw, Georgia 30144 or legal@roofclaim.com at any time prior to midnight on the third business day after you have received such notice from your insurer.  If you cancel, any payments made by you under the contract, except those for emergency repairs already performed by the residential roofing services provider, will be returned to you within ten (10) business days following receipt by the residential roofing services provider of your cancellation notice.

I HEREBY CANCEL THIS TRANSACTION.

__________________________

Date

 

______________________________

Signature

 

(end of cancellation form)

 

TN Code § 66-11-203 – Notice to Owner**

 

Roofclaim.com, LLC, Contractor

The above-captioned contractor hereby gives notice to the owner of the property to be improved, that the contractor is about to begin improving the property according to the terms and conditions of the contract and that under the provisions of the state law (§§ 66-11-101 – 66-11-141):

  • There shall be a lien upon the real property and building for the improvements made in favor of the contractor, mechanic, laborer, founder or machinist, who does the work, or furnishes the materials for such improvements for a duration of one (1) year after the work is finished or materials furnished;
  • Except as modified by § 66-11-146, every person contracted with or employed to work on the buildings or to furnish materials for the same with the above-named contractor shall have a lien on the property for that person’s work or material; provided, that such person notify the owner in writing within ninety (90) days after the completion of the improvement, which lien will continue for ninety (90) days after such notice;
  • Except as modified by § 66-11-146, these liens can be enforced even though the contractor has been paid in full if the contractor has not paid the persons who furnished the labor or materials for the improvement.

 

__________________________

[Authorized Representative]

 

[End of Form]

TEXAS

Tex. Prop. Code Sec. 27.007. Disclosure of Homeowner Responsibility to Provide Notice

This contract is subject to Chapter 27 of the Texas Property Code. The provisions of that chapter may affect your right to recover damages arising from a construction defect. If you have a complaint concerning a construction defect and that defect has not been corrected as may be required by law or by contract, you must provide the notice required by Chapter 27 of the Texas Property Code to the contractor by certified mail, return receipt requested, not later than the 60th day before the date you file suit to recover damages in a court of law or initiate arbitration. The notice must refer to Chapter 27 of the Texas Property Code and must describe the construction defect. If requested by the contractor, you must provide the contractor an opportunity to inspect and cure the defect as provided by Section 27.004 of the Texas Property Code.

 

Texas laws requires a person insured under a property insurance policy to pay any deductible applicable to a claim made under the policy.  It is a violation of Texas law for a seller of good or services who reasonably expects to be paid wholly or partly from the proceeds of a property insurance claim to knowingly allow the insured person to fail to pay, or assist the insured person’s failure to pay, the applicable insurance deductible.

 

Tex. Prop. Code Sec. 53.255. Mandatory Disclosures for Residential Construction Contract

 

KNOW YOUR RIGHTS AND RESPONSIBILITIES UNDER THE LAW.  You are about to enter into a transaction to build a new home or remodel existing residential property.  Texas law requires your contractor to provide you with this brief overview of some of your rights, responsibilities, and risks in this transaction.

CONVEYANCE TO CONTRACTOR NOT REQUIRED.  Your contractor may not require you to convey your real property to your contractor as a condition to the agreement for the construction of improvements on your property.

GET IT IN WRITING.  Make sure that you have a written agreement with your contractor that includes:  (1) a description of the worth the contractor is to perform; (2) the required or estimated time for completion of the work; (3) the cost of the work or how the cost will be determined; (4) the procedure and method of payment, including provisions for statutory retainage and conditions for final payment.  If your contractor made a promise warranty, or representation to you concerning the work the contractor is to perform, make sure that the promise, warranty, or representation is specified in the written agreement. An oral promise that is not included in the written agreement may not be enforceable under Texas law. 

READ BEFORE YOU SIGN.  Do not sign any document before you have read and understood it.  NEVER SIGN A DOCUMENT THAT INCLUDES AN UNTRUE STATEMENT.  Take you time in reviewing documents.  If you borrow money from a lender to pay for the improvements, you are entitled to have the load closing documents furnished to you for review at least one business day before the closing.  Do not waive this requirement unless a bona fide emergency or another good cause exists, and make sure that you understand the documents before you sign them.  If you fail to comply with the terms of the documents, you could lose your property.  You are entitled to have your own attorney review any documents.  If you have any question about the meaning of a document, consult an attorney.

GET A LIST OF SUBCONTRACTORS AND SUPPLIERS.  Before construction commences, your contractor is required to provide you with a list of subcontractors and suppliers the contractor intends to use on your project.  Your contractor is required to supply updated information on any subcontractors and suppliers added after the list is provided.  Your contractor is not required to supply this information if you sign a written waiver of your rights to receive this information.

MONITOR THE WORK.  Lenders and governmental authorities may inspect the work in progress from time to time for their own purposes.  These inspections are not intended as quality control inspections.  Quality control is a matter for you and your contractor.  To ensure that your home is being constructed in accordance with your wishes and specifications, you should inspect the work yourself or have your own independent inspector review the work in progress.

MONITOR PAYMENTS.  If you use a lender, your lender is required to provide you with a periodic statement showing the money disbursed by the lender from the proceeds of your loan.  Each time your contractor requests payment from you or your lender for work performed, your contractor is also required to furnish you with a disbursement statement that lists the name and address of each subcontractor or supplier that the contractor intends to pay from the requested funds.  Review these statements and make sure that the money is being properly disbursed.

CLAIMS BY SUBCONTRACTORS AND SUPPLIERS.  Under Texas law, if a subcontractor or supplier who furnishes labor or materials for the construction of improvements on your property is not paid, you may become liable and your property may be subject to a lien for the unpaid amount, even if you have not contracted directly with the subcontractor or supplier.  To avoid liability, you should take the following actions:

  • If you receive a written notice from a subcontractor or supplier, you should withhold payment from your contractor for the amount of the claim stated in the notice until the dispute between your contractor and the subcontractor or supplier is resolved. If your lender is disbursing money directly to your contractor, you should immediately provide a copy of the notice to your lender and instruct the lender to withhold payment in the amount of the claim stated in the notice.  If you continue to pay the contractor after receiving the written notice without withholding the amount of the claim, you may be liable and your property may be subject to a lien for the amount you failed to withhold.
  • During construction and for thirty (30) days after final completion, termination, or abandonment of the contract by the contractor, you should withhold or cause your lender to withhold ten (10) percent of the amount of payments made for the work performed by you contractor. This is sometimes referred to as ‘statutory retainage.’  If you choose not to withhold the ten (10) percent for at least thirty (30) days after final completion, termination, or abandonment of the contract by the contractor and if a valid claim is timely made by a claimant and your contractor fails to pay the claim, you may be personally liable and you property may be subject to a lien up to the amount that you failed to withhold.

 

If a claim is not paid within a certain time period, the claimant is required to file a mechanic’s lien affidavit in the real property records in the county where the property is located.  A mechanic’s lien affidavit is not a lien on your property, but the filing of the affidavit could result in a court imposing a lien on your property.

 

SOME CLAIMS MAY NOT BE VALID.  When you receive a written notice of a claim or when a mechanic’s lien affidavit is filed on your property, you should know your legal rights and responsibilities regarding the claim.  Not all claims are valid.  A notice of a claim by a subcontractor or supplier is required to be sent, and the mechanic’s lien affidavit is required to be filed, within strict time periods.  The notice and affidavit must contain certain information.  All claimants may not fully comply with the legal requirements to collect on a claim.  If you have paid the contractor in full before receiving a notice of a claim and have fully complied with the law regarding statutory retainage, you may not be liable for that claim.  Accordingly, you should consult your attorney when you receive a written notice of a claim to determine the true extent of your liability or potential liability for that claim.

 

OBTAIN A LIEN RELEASE AND A BILLS-PAID AFFIDAVIT.  When you receive a notice of claim, do not release withheld funds without obtaining a signed and notarized release of lien and claim from the claimant.  You can also reduce the risk of having a claim filed by a subcontractor or supplier by requiring as a condition of each payment made by you or your lender that your contractor furnish you with an affidavit stating that all bills have been paid.  Under Texas law, on final completion of the work and before final payment, the contractor is required to furnish you with an affidavit stating that all bills have been paid.  If the contractor discloses any unpaid bill in the affidavit, you should withhold payment in the amount of the unpaid bill until you receive a waiver of lien or release from that subcontractor or supplier.

 

OBTAIN TITLE INSURANCE PROTECTION.  You may be able to obtain a title insurance policy to insure that the title to your property and the existing improvements on your property are free from liens claimed by subcontractors and suppliers.  If your policy is issued before the improvements are completed and covers the value of the improvements to be completed, you should obtain, on the completion of the improvements and as a condition of your final payment, a ‘completion of improvements’ policy endorsement.  This endorsement will protect your property from liens claimed by subcontractors and suppliers that may arise from the date the original title policy is issued to the date of the endorsement.

 

Tex. Prop. Code Sec. 53.256(b)). Notice of Waiver of a List of Subcontractors and Suppliers

 

WAIVER OF THE LIST OF SUBCONTRACTORS AND SUPPLIERS.  AN OWNER IS NOT REQUIRED TO WAIVE THE RIGHT GRANTED BY SECTION 53.256 OF THE TEXAS PROPERTY CODE TO RECEIVE FROM THE CONTRACTOR AN ORIGINAL OR UPDATED LIST OF SUBCONTRACTORS AND SUPPLIERS.

 

BY SIGNING THIS DOCUMENT, I AGREE TO WAIVE MY RIGHT TO RECEIVE FROM THE CONTRACTOR AN ORIGINAL OR UPDATED LIST OF SUBCONTRACTORS AND SUPPLIERS.

 

I UNDERSTAND AND ACKNOWLEDGE THAT, AFTER SIGNING THIS DOCUMENT, THIS WAIVER MAY NOT BE CANCELLED AT A LATER DATE.

 

I HAVE VOLUNTARILY CONSENTED TO THIS WAIVER.

 

** – Electronic mailed copy of required disclosure documentation that may or may not require signature or action on part of the homeowner shall be sent to homeowner with executed copy of the Roof Replacement Contract