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Marv's Plumbing and Heat
(307) 635-4159 Cheyenne, Wyoming Area

Terms and Conditions

Terms and Conditions and Lien Rights 

  1. BID A bid is Marv’s Plumbing & Heating agreement to perform all work specified for a fixed price. If the actual cost of the work is more or less than the bid, the owner remains obligated only to pay the amount of the bid. The bid does not Include change orders or extra work requested by the owner or requested by the applicable public authority(s).

  2. ESTIMATE An estimate is Marv’s Plumbing & Heating approximation of the eventual cost of their work. An estimate is given because the nature and scope of the work is uncertain because of concealed conditions, difficulty in assessing problems to be encountered or resolved, or difficulty in determining the means or methods of best accomplishing the work. The cost of the work may substantially exceed the amount of the estimate, in which case the owner shall be obligated to pay the actual cost of work. If it appears that the cost of the work will likely and substantially exceed the amount of the estimate, Marv’s Plumbing & Heating will make every effort to notify the owner if commercially practical to do so. This notification will be verbal and will inform the owner of the fact that substantially more work is required than originally foreseen at the time that the estimate was given. It may or may not be possible to quote a firm cost of completion at this time. The owner may therefore request Marv’s Plumbing & Heating to stop work at any time, in which case the owner shall remain obligated to pay Marv’s Plumbing & Heating’s completion or cessation of the work as per paragraph 5.

  3. CHANGE ORDERS OR EXTRA WORK The owner may request changes or modifications in the scope of the work. These requests may be agreed upon orally or in writing. If agreed upon in writing, the terms of the written change order shall be binding on the parties. However, unless otherwise agreed in writing, all extra work performed shall be calculated using Marv’s Plumbing & Heating’s current labor rate and actual material price as per paragraph 5 below.

  4. EXTRA WORK REQUIRED BY A PUBLIC AUTHORITY In the event that the applicable public authority or other government agency subsequently requires modifications or corrections in the work, or extra work to be performed by Marv’s Plumbing & Heating beyond that which was expected or contemplated at the time work was commenced, the contract price shall be adjusted as per paragraph 3 above. Marv’s Plumbing & Heating is not responsible for any special inspections, analysis or reports which are not ordinarily provided by a building inspector.

  5. COST OF THE WORK Unless the work is performed on a bid basis, Marv’s Plumbing & Heating will calculate the cost of the work by charging the owner all labor for repair at the rate of $ 98.00 per hour per laborer. All materials and equipment will be charged at suggested retail. Subcontractors will be charged at cost plus 15%. Any municipal charges will be charged at cost plus 5%. The permit, if any is required, will be charged to the owner at cost. An additional $ 139.00 per hour shall be charged for drain cleaning.

  6. PAYMENT Payment is due in full upon completion of work.

6.1 A down payment of _______% is due before the work commences and the balance is due upon completion.  If the balance is due to be paid by insurance proceeds on a claim acknowledged claim, we may allow a 30-day grace period, after which the account will be deemed to be in default.  In any event default by Customer, interest shall accrue from the date of default at 3.5% per month.  Customer shall pay all legal fees and costs of collection.

  1. SCHEDULING It is the responsibility of the owner to schedule Marv’s Plumbing & Heating’s work under this contract. If Marv’s Plumbing & Heating arrives at the job site to find it not ready, the owner agrees to pay for the expense of such a nonproductive trip.

  2. PREMISES Marv’s Plumbing & Heating at all times shall keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the work, Marv’s Plumbing & Heating shall remove all waste materials and rubbish from the site, together with its tools, construction equipment, machinery and surplus materials. The owner shall establish and guarantee to Marv’s Plumbing & Heating the location of all underground restrictions or underground utilities, easements or rights of way, pipes, power lines, septic tanks, utility lines or drain fields. Owner shall assume complete responsibility for the protection of all landscaping, trees, shrubs, and bedding plants which may become damaged during the progress of construction. The owner shall establish and guarantee to Marv’s Plumbing & Heating all property lines and agrees to hold Marv’s Plumbing & Heating harmless from any property line disputes, including the payment of damages or the incurrence of attorney’s fees.

  3. WARRANTY Marv’s Plumbing & Heating warrants that all labor, materials and taxes will be paid for, and there will be no potential lien claimants upon the completion of the work and final payment by the owner. Marv’s Plumbing & Heating further warrants that all work will be performed in a commercially reasonable manner and that there are no defects in materials or workmanship. This warranty shall be void if a person or firm other than Marv’s Plumbing & Heating performs or reperforms any work identified within the original scope of the work of this contract with Marv’s Plumbing & Heating

  4. INTEREST The owner agrees that payment on all amounts due and owing, whether liquidated or unliquidated, shall bear interest at the rate of 18% per annum or the legally maximum rate of interest, whichever is less.

  5. DISPUTES AND REMEDY All disputes, including a labor and material mans’ lien, unless settled between the parties, shall be decided according to the Mandatory Arbitration Rules of Laramie County Superior Court regardless of whether the amount in dispute exceeds $35,000.00, and regardless of whether the Contractor also seeks foreclosure of a labor and material mans’ lien. Venue of any dispute shall be in Laramie County. In the event a dispute or lawsuit arises and one or both parties seek and receive the assistance of legal counsel, the prevailing party shall have his or her actual attorney’s fees and costs paid by the non-prevailing party. There shall be one prevailing party which shall be the one party in whose favor a net monetary judgment is awarded, or in whose favor a net settlement is paid, after all offsets, claims, counterclaims, allowances, etc. have been resolved, and regardless of whether both parties prevailed on one or more issues. As used herein, “actual attorney’s fees” shall be deemed to mean the full and actual cost of any legal services actually performed in connection with the matters involved, calculated on the basis of the usual fees charged by the attorneys performing such services and shall not be limited to “reasonable attorney’s fees” as defined by any statute, case or rule of court. This clause supersedes all Wyoming statutes, case law and Court Rules dealing with awards of costs of attorneys fees.

  6. CORRECTION OR COMPLETION OF WORK Marv’s Plumbing & Heating shall have the irrevocable right to perform all corrective or pick-up work identified by the owner unless Marv’s Plumbing & Heating declines to do so following receipt from the owner of a specific list of corrective or pick-up work and a reasonable period of time within which to perform the work. The owner shall not contract with any alternative contractor for the performance or completion of work within the scope of this agreement, nor shall the owner occupy or use Marv’s Plumbing & Heating’s work until and unless Marv’s Plumbing & Heating shall have been provided the notice and opportunity stated above. If the owner does contract with an alternative contractor to perform the pick-up work or otherwise complete the project, without first affording the above-describe opportunity to Marv’s Plumbing & Heating to do so, or if the owner commences to use or occupy the space in which Marv’s Plumbing & Heating performed the work, the owner then agrees to accept all work “as is” and thereby waives any and all claims, of whatever nature, against Marv’s Plumbing & Heating Including warranty claims.

  7. DISPUTES AND REMEDY All disputes, including a labor and material mans’ lien, unless settled between the parties, shall be submitted to binding arbitration regardless of the amount in controversy and regardless of whether the Contractor also seeks foreclosure of a labor and material mans’ lien. Venue of any dispute shall be in Laramie County. In the event a dispute or lawsuit arises and one or both parties seek and receive the assistance of legal counsel, the prevailing party shall have his or her actual attorney’s fees and costs paid by the non-prevailing party. There shall be one prevailing party which shall be the one party in whose favor a net monetary judgment is awarded, or in whose favor a net settlement is paid, after all offsets, claims, counterclaims, allowances, etc. have been resolved, and regardless of whether both parties prevailed on one or more issues. As used herein, “actual attorney’s fees” shall be deemed to mean the full and actual cost of any legal services actually performed in connection with the matters involved, calculated on the basis of the usual fees charged by the attorneys performing such services and shall not be limited to “reasonable attorney’s fees” as defined by any statute, case or rule of court. This clause supersedes all Wyoming statutes, case law and Court Rules dealing with awards of costs of attorneys’ fees. NOTICE TO OWNER REGARDING REGISTRATION, INTEREST AND FEES.  This Contractor is registered with the City of Cheyenne Contractor Licensing Board.  All bills due at time of service: 3.5% per month or $5.00 whichever is greater plus all reasonable collections fees (attorney and court fees) on unpaid balance after 10 days from invoice date. Returned checks result in a $20 returned check fee.

  8. Marv’s Plumbing & Heating is not responsible for any drywall, fixtures, structural, or other damage that may occur or be necessary in order to complete the above listed work or any other damage that may occur as a result of the original plumbing, sewer, or HVAC problems.

  9. All parts associated with this job are warranted as per the manufacture’s specifications. The labor for the work is warranted for 30 days, except for drain cleaning. We do not guarantee any parts not supplied and installed by Marv’s Plumbing & Heating.

  10. Marv’s Plumbing & Heating is not responsible for any damage to sewer lines. Any repairs if equipment get stuck in the line to include, but not limited to, cutting into drywall, concrete, roof, or gutter repairs, landscaping due to digging, or backhoe expenses are the home owner’s responsibility.

Marv’s Plumbing & Heating is not responsible for:

  • Any leveling of tubs, shower bases, or floors. If job needs to be leveled, additional work to be billed at time and material.
  • Damage occurring from appliance moving/ relocating.
  • Any sheet metal work, pipe insulation, or ditch compaction.

Lien Rights

NOTICE TO OWNER

TAKE NOTICE that Affordable Services West Corp, d/b/a Marv’s Plumbing & Heating, is providing work or materials to, for and/or upon your real property.  Your failure to remit payment of amounts due and owing to a contractor, subcontractor or materialman for work performed or materials provided to the project located on your property can result in the filing of a lien against the property. To avoid this result, when paying for labor and materials, you may ask the contractor, subcontractor or materialman for “lien waivers” from all persons supplying materials or services. Failure to secure lien waivers may result in your paying for labor and materials twice.

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