ANY REPRESENTATION, STATEMENT, OR OTHER COMMUNICATIONS NOT WRITTEN IN THIS AGREEMENT, OR MADE IN WRITING PURSUANT THERETO, ARE AGREED TO BE INVALID, NOT RELIED ON BY EITHER PARTY AND DO NOT SURVIVE THE EXECUTION OF THIS AGREEMENT.

 

The appointment by the Property Owner to StormFront Construction (“Contractor”) is subject to the laws of Ohio.

 

The Property Owner authorizes StormFront Construction to contact the 3rd party (Insurance Company) on behalf of the Property Owner to commence the process to obtain the approval to pay for the work to replace and/or repair the damage caused to the Property.

 

For the purposes of StormFront Construction contacting the 3rd party, the Property Owner will sign any further documents or give such permission as may be reasonably required by the third party.

 

The Property Owner grants to StormFront Construction the right to give permission to any employees, sub-agents or contractors to act on behalf of StormFront Construction in assessing the property damage and estimating the costs of the work and dealings with the third party.

 

StormFront Construction accepts the authorization by the Property Owner to commence in the process of obtaining the consent of the 3rd party for authorization and payment of the Scope of Work and for no other reason.

 

After reviewing the approved Scope of Work, the Property Owner and StormFront Construction will enter into a Construction Agreement for the scope of work and the amount of such contract shall be limited to the amount approved by the 3rd party (including supplements), plus any deductible or coinsurance penalties. This amount shall be the replacement cost value outlined in the third-party payor’s estimate and if Property Owner only has coverage from the third party for the actual cash value of the loss, Property Owner Agrees to pay Contractor the replacement cost value for the approved scope of work. Contractor shall not be obligated to do the work if the third-party proceeds alone do not allow for an acceptable profit margin for that Scope of Work (which shall be determined at Contractor’s discretion on a per job basis). If the matter is litigated, the 3rd party award or 3rd party proceeds shall be the gross settlement, judgment or verdict, prior to any professional fees or case expenses coming out of the proceeds or award. 

 

 

The Property Owner acknowledges the value of the Contractor “Services” provided by StormFront Construction. 

 

This value includes the on-site property inspections, travel to and from property inspections, as well as meetings with third party representatives, when required. StormFront Construction will provide the necessary equipment, tools, ladders and safety equipment needed for inspections, estimates, and reports. StormFront Construction will research all relevant data pertaining to weather history and assess property damage related to weather, warranty malfunction, or workmanship. 

 

Property Owner understands there is a considerable investment of time for these Contractor Services, as well as time and material costs spent on the production of photos, satellite imagery, measurements, along with writing reports and estimates as required by any third party. This may include multiple site visits and phone calls with local engineers, attorneys, suppliers, manufacturer’s representatives, insurance representatives, and/or other parties. 

 

Property Owner agrees there is considerable value provided by StormFront Construction for these services. In the event Property Owner fails to timely enter into a formal Construction Agreement with Contractor for the approved scope of work, Property Owner agrees they will be responsible either for a) those lost profits or b) Company’s incurred time at an hourly rate of $150 per hour, whichever Company elects to enforce and must be paid upon receiving invoice from Company. 

 

Thus, in exchange for Contractor Services, Property Owner agrees to enter into a formal Construction Agreement with Contractor within 10 days of receiving any 3rd party award. 

 

If Property Owner requires any additional building work by StormFront Construction outside the work that does not relate to the 3rd party recovery or approved scope or work, then that work shall be subject to a separate Construction Agreement, or a change order, between the Property Owner and StormFront Construction, and will be billed at an additional cost to the Property Owner