Fill and Sign the Painting Contract for Contractor Kentucky Form

PAINTING 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. 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:       Number of Coats:       Siding:       Trim:       Doors:       Windows: * Deck:       Garage Doors:       Caulking:       PAINT, INTERIOR:       Walls of Finished Area:       Number of Coats:       Walls of Papered Area:       Number of Coats:       Ceilings:       Number of Coats:       Garage Walls:       Number of Coats:       Basements Walls:       Number of Coats:       Floors:       Number of Coats:       Ceilings:       Number of Coats:       Paint and Number of Coats Interior Millwork:       Stain, Finish, and Number of Coats Interior Millwork:       Paint and Number of Coats Cabinets:       - 1 - Stain and Number of Coats Cabinets:       2. WORK SITE: The Project shall be constructed on the property of Owner located at       and more particularly described as       (hereafter "the Work Site"). Owner hereby authorizes Contractor to commence and complete the usual and customary excavation and grading on the Work Site as may be required in the judgment of the Contractor to complete the Project. Unless called for in the drawings or specifications, no landscaping, finish grading, filling or excavation is to be performed at the Work Site by the Contractor. 3. TIME OF COMPLETION: Contractor shall commence the work to be performed under this Contract on or before       and shall substantially complete the work on or before       . Contractor shall not be liable for any delay due to circumstances beyond its control including strikes, casualty, acts of God, illness, injury, or general unavailability of materials. 4. 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. 5. INSURANCE: Contractor shall maintain general liability, workers compensation and builder's risk insurance. 6. SURVEY AND TITLE: If the Project is near the Owner’s property boundary, Owner will point out property lines to the Contractor. If the Owner or Contractor has any doubt about the location of the property lines, Owner shall provide Contractor with boundary stakes through a licensed surveyor. In addition, Owner shall provide Contractor documentation that Owner has title to the Work Site and shall provide Contractor copies of any covenants, conditions, or restrictions that affect the Work Site. 7. CHANGES TO SCOPE OF WORK: Owner may make changes to the scope of the work, including changes to the drawings and specifications, from time to time during the construction of the Project. However, any such change or modification shall only be made by written "Change Order" signed by both parties. Such Change Orders shall become part of this Contract. Owner agrees to pay any increase in the cost of the Project as a result of a Change Order. In the event the cost of a Change Order is not known at the time a Change Order is executed, the Contractor shall estimate the cost thereof and Owner shall pay the actual cost whether or not it is in excess of the estimated cost. 8. 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. Contractor shall be paid as follows:             - 2 -       . OR {FIXED FEE} Owner agrees to pay Contractor the sum of $       for performing the services set forth in the scope of the work. Contractor shall be paid as follows:                   . Contractor shall furnish Owner appropriate releases or waivers of lien for all work performed or materials provided at the time the next periodic payment shall be due. 9. LATE PAYMENT/DEFAULT: A failure to make payment for a period in excess of thirty (30) days from the due date shall be deemed a material breach of this Contract. If payment is not made when due, Contractor may suspend work on the job until such time as all payments due have been made without breach of the Contract pending payment or resolution of any dispute. Owner agrees to pay a late charge of 12% of all payments that are more than thirty (30) days late plus interest at the rate of 12% per month. 10. DESTRUCTION AND DAMAGE : If the Project is destroyed or damaged for any reason, except where such destruction or damage was caused by the sole negligence of the Contractor or its subcontractors, Owner shall pay Contractor for any additional work done by Contractor in rebuilding or restoring the Project to its condition prior to such destruction or damage. If the estimated cost of replacing work already accomplished by Contractor exceeds 20 percent of the Contract price, either the Contractor or Owner may terminate this Contract. Upon termination by either party, Contractor shall be excused from further performance under this Contract and Owner shall pay Contractor a percentage of the Contract price in proportion to the amount of work accomplished prior to the destruction or damage. 11. ASSIGNMENT : Neither party may assign this Contract, or payments due under the Contract, without the other party’s written consent. Any such assignment shall be void and of no effect. 12. INTERPRETATION: (a) Interpretation of Documents. The Contract, drawings, and specifications are intended to supplement one another. In the event of a conflict, the specifications shall control the drawings, and the Contract shall control both. If work is displayed on the drawings but not called for in the specifications, or if the work is called for in the specifications but not displayed on the drawings, Contractor shall be required to perform the work as though it were called for and displayed in both documents. (b) Entire Agreement. This Contract constitutes the entire agreement of the parties. No other agreements, oral or written, pertaining to the work to be performed under this Contract exists between the parties. This Contract may only be modified only by a written agreement signed by both parties. (c) Governing Law. This Contract shall be interpreted and governed in accordance with the - 3 - laws of the State of Kentucky. 13. 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. 14. PERFORMANCE: (a) Contractor may, at its discretion, engage licensed subcontractors to perform work pursuant this Contract provided Contractor shall remain fully responsible for the proper completion of the Project. (b) All work shall be completed in a workman-like manner and in compliance with all building codes and applicable laws. To the extent required by law, all work shall be performed by individuals duly licensed and authorized by law to perform said work. (c) Contractor agrees to remove all debris and leave the premises in broom clean condition. 15. WARRANTY: All materials and installations incorporated into the work shall be new, unless otherwise specified, and shall be of good quality. Contractor agrees to repair any peeling, deteriorating, fading paint surfaces for a period of one year, and Contractor shall not be responsible for mildew or fungus that may form on painted surfaces. Contractor shall not be responsible after this period. Contractor shall not be responsible for builders' negligence. Contractor agrees to assist in securing fulfillment of warranties provided by the manufacturer on the materials supplied by Contractor. In the event, of peeling, deteriorating, fading paint surfaces within the warranty period and through fault of contractor, then Contractor agrees to repair within       days of notice, weather permitting. Contractor's obligation to effect repairs, as described above in this paragraph, is the only guarantee or warranty provided by Contractor to Owner with respect to the work. SECTIONS 411.250 TO 411.260 OF THE KENTUCKY REVISED STATUTES CONTAIN IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST THE BUILDER OF YOUR HOME. YOU MUST DELIVER TO THE BUILDER A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE YOUR BUILDER THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THE BUILDER. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT. AGREED: CONTRACTOR: Signature       Print Name & Title OWNER: Signature       Print Name - 4 -       Date       License Number       Name and Address of License Holder       Date - 5 - *Optional addendum only needed for home solicitation sales: BUYER'S RIGHT TO CANCEL If this agreement was solicited to your residence and you do not want the goods or services, you may cancel this agreement by mailing a notice to the seller. The notice must say that you do not want the goods or services and must be mailed before midnight of the third business day after you sign this agreement. The notice must be mailed to: ____________________________ ____________________________ ____________________________ - 6 - * Note: If this is a retail installment contract, the title "Retail Installment Contract" must be added, along with the following notice, terms, and acknowledgment of receipt: NOTICE TO THE BUYER. DO NOT SIGN THIS CONTRACT BEFORE YOU READ IT OR IF IT CONTAINS BLANK SPACES. YOU ARE ENTITLED TO A COPY OF THE CONTRACT YOU SIGN. RETAIL INSTALLMENT AGREEMENT (No Consumer Credit Protection Act Disclosures) Purchase Price. The total purchase price shall be $ ____________________________ . Interest. Interest shall be __________ % simple interest per annum. Payment Terms. Principal and interest shall be payable to Seller at ____________________________ (address), or at such other place as the holder hereof may designate in writing, in __________ consecutive monthly installments of $ ______________ . The first of said installments shall be due and payable on the day of ______________ , 20 ____ , and each subsequent monthly installment shall be due and payable on the first day of each succeeding month thereafter until the entire indebtedness is fully paid. The maximum number of payments is __________ . Downpayment. The amount of to be paid upfront as downpayment is $ _____________________ , to be paid on ______________________________ . Late Fees. Purchaser shall pay Seller, or his/her assignee a late charge of ______ % of any monthly installment not received by the Seller or assignee within ______________ days after the installment is due. Purchase Money Security Interest . Seller hereby reserves and Purchaser hereby grants to Seller a purchase money security interest in ________________________ (collateral), together with all additions, parts, replacements, attachments, accessions, and accessories thereto and all proceeds thereof, to secure payment of the purchase price. Total Amount of Fees is $ ________________________ . Principal Balance . The amount of the sales price, total fees, minus any downpayment and the time price differential is $ ________________________ . Amount of Time Price Differential . The difference between a property's immediate purchase price and the price the same property would cost if purchased on an installment plan is $ ________________________ . Time Balance . The principal balance plus time price differential equals the sum of $ ______________________ . Buyer's acknowledgement of receipt of copy of retail installment contract: _______________________________ ___________________________ Buyer's Signature Date - 7 -