California Construction Form

Painting Home Improvement Contract

Notice of Cancellation may be sent to the contractor at the address noted on the contract.

THIS PAINTING CONTRACT (“Contract”), effective as of the date of the last party to sign below, , is between , having an address at ("Contractor") and , having an address at ("Owner").

For valuable consideration the parties hereby agree as follows:

1. LIST OF DOCUMENTS TO BE INCORPORATED INTO THIS CONTRACT:

EXHIBIT A – Commercial General Liability Insurance

EXHIBIT B – Workers’ Compensation Insurance

EXHIBIT C – 3 day right to cancel

EXHIBIT D – 7 day right to cancel

EXHIBIT E – Sample change order form

The above-mentioned Exhibits are hereby incorporated in and made part of this Contract.

2. SCOPE OF WORK: Contractor shall notify Builder of excessive defects in the drywall or other surfaces to be painted prior to commencing work. Contractor shall insure the painting surfaces are free from dust, dirt, mildew, fungus, loose materials, faults, defects and otherwise properly prepare the surface to receive the paint, that insures complete even coverage and adequate adhesion of the paint to the surface.

Contractor agrees not to begin work until the surfaces to receive paint are clean, dry, free of defects, firm and sound to design shape. Upon completion, the painted surface shall be uniform in appearance; with complete coverage; free of runs, sags, and skips; with sharp clean edges, when finishes join other materials or colors; smooth without roughness, (excepting those surface materials whose natural texture is roughness, such as rough cedar beams and siding, textured siding, etc.); and pleasing to the eye.

Contractor is responsible for all scheduling delivery of all painting materials. Contractor is responsible for the clean-up of any splatters caused during painting.

PAINT, EXTERIOR:

PAINT, INTERIOR:

3. WORK SITE:

The Project shall be constructed on the property of Owner located at and more particularly described as (hereafter "the Work Site").

4. COMMENCEMENT AND COMPLETION OF WORK TO BE PERFORMED:

(a) The following describes how Contractor shall substantially commence work:

(b) APPROXIMATE START DATE:

(c) APPROXIMATE DATE OF SUBSTANTIAL COMPLETION:

5. PERMITS: Contractor shall apply for and obtain such permits and regulatory approvals as may be required by the local municipal/county government, the cost thereof shall be included as part of the Project price.

6. INSURANCE: Contractor shall maintain general liability, workers compensation and builder's risk insurance.

7. SURVEY AND TITLE: If the Project is near the Owner’s property boundary, Owner will point out property lines to the Contractor.

8. EXTRA WORK AND CHANGE ORDERS: Extra work and change orders become part of this Contract once the order is prepared in writing and signed by both parties prior to the commencement of any work covered by the new change order.

9. PRICING

(a) CONTRACT PRICE:

{COST PLUS} Owner agrees to pay Contractor the actual cost to Contractor of materials plus the sum of $ for performing the services set forth in the scope of the work.

OR

{FIXED FEE} Owner agrees to pay Contractor the sum of $ for performing the services set forth in the scope of the work.

(b) DOWN PAYMENT: Amount:

(c) SCHEDULE OF PROGRESS PAYMENTS:

FINANCE CHARGE (if applicable): Amount: $

10. LATE PAYMENT/DEFAULT: A failure to make payment for a period in excess of ten (10) days from the due date shall be deemed a material breach of this Contract.

11. DESTRUCTION AND DAMAGE: If the Project is destroyed or damaged for any reason...

12. ASSIGNMENT: Neither party may assign this Contract, or payments due under the Contract, without the other party’s written consent.

13. INTERPRETATION:

(a) Interpretation of Documents...

(b) Entire Agreement...

(c) Governing Law. This Contract shall be interpreted and governed in accordance with the laws of the State of California.

14. ATTORNEYS’ FEES AND COSTS: If any party to this Contract brings a cause of action against the other party arising from or relating to this Contract, the prevailing party in such proceeding shall be entitled to recover reasonable attorney fees and court costs.

15. PERFORMANCE:

(a) Contractor may, at its discretion, engage licensed subcontractors...

(b) All work shall be completed in a workman-like manner...

(c) Contractor agrees to remove all debris and leave the premises in broom clean condition.

16. WARRANTY: All materials and installations incorporated into the work shall be new, unless otherwise specified, and shall be of good quality.

17. REQUIRED NOTICES:

(a) You are entitled to a completely filled in copy of this Contract, signed by both you and the Contractor, before any work may be started.

(b) A notice concerning commercial general liability insurance is attached to this Contract.

(c) A notice concerning workers’ compensation insurance is attached to this Contract.

(d) Change Orders:

i. The Owner may not require a Contractor to perform extra or change-order work without providing written authorization prior to the commencement of any work covered by the new change order.

ii. Extra work or a change order is not enforceable unless the change order identifies the scope of work, amount to be added or subtracted, and effect on progress payments or completion date.

(a) Under certain circumstances the law gives you a right to cancel a contract. Check the appropriate box below describing your right to cancel this Contract:

The owner or tenant has the right to require the contractor to have a performance and payment bond

EXHIBIT A

COMMERCIAL GENERAL LIABILITY INSURANCE

Contractor must check the box that applies

This Contractor does not carry commercial general liability insurance.

This Contractor carries commercial general liability insurance written by . You may call the Insurance Company at .

This Contractor is self-insured.

This Contractor is a limited liability company that carries liability insurance or maintains other security as required by law.

EXHIBIT B

WORKERS’ COMPENSATION INSURANCE

Contractor must check the box that applies

This Contractor has no employees and is exempt from workers’ compensation requirements.

This Contractor carries workers’ compensation insurance for all employees.

EXHIBIT C

3 DAY RIGHT TO CANCEL

Notice of Cancellation (copy 1 of 2)

Date last party signed the Contract:

Name of Seller (Contractor or Salesman):

Address of Seller’s Place of Business:

Date:

Owner’s Signature:

Print Owner’s Name:

EXHIBIT D

7 DAY RIGHT TO CANCEL

Notice of Cancellation (copy 1 of 2)

Date last party signed the Contract:

Name of Seller (Contractor or Salesman):

Address of Seller’s Place of Business:

Date:

Owner’s Signature:

Print Owner’s Name:

EXHIBIT E

SAMPLE CHANGE ORDER

A. Scope of work encompassed by this change order:

B. Amount to be added or subtracted from the Contract price:

C. Effect this change order will have on progress payments (if applicable):

D. Effect this change order will have on the estimated completion date:

CONTRACTOR: OWNER:

Checklist for Homeowners

Check Out Your Contractor

Did you contact the Contractors State License Board (CSLB) to check the status of the contractor's license?

Did you get at least 3 local references from the contractors you are considering?

Did you call them?

Building Permits - will the contractor get a permit before the work starts?

Check Out the Contract

Did you read and do you understand your contract?

Does the 3-day right to cancel a contract apply to you?

Contact the CSLB if you don't know.

Does the contract tell you when work will start and end?

Does the contract include a detailed description of the work to be done, the material to be used, and equipment to be installed?

Are you required to pay a down payment?

Is there a schedule of payments?

Did your contractor give you a “Notice to Owner,” a warning notice describing liens and ways to prevent them?

Did you know changes or additions to your contract must be in writing?