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Home Improvement Contract Guide

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0% found this document useful (0 votes)
52 views12 pages

Home Improvement Contract Guide

Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 12

Page 1 of 12

FHIA, LLC Broward: 954-884-8500


License No. CCC1331144/CGC Web: www.fhiaremodeling.com
061890 / CAC1815985 Email: info@fhiaremodeling.com
3801 SW 30th Ave.
Hollywood, FL 33312

Window & Door Contract


Munir Aleem 954-559-6204 Date: 04/11/2024
4737 NW 1 Ct aleemmunir@yahoo.com Rep: Shaun Fitzgerald
Plantation FL 33317

This Contract is made and entered into this date of 04/11/2024 by and between FHIA LLC, a Delaware Limited
Liability Company known as (“Contractor” or “FHIA, LLC”) Florida LIC: CCC1331144; CGC061890; CAC1815985,
and Munir Aleem (“Owner”) for certain Work on the property located at 4737 NW 1 Ct
Plantation FL 33317 (“Property”).

Pursuant to Florida Statutes § 713.015, the notice required to be printed in no less than 12-point capitalized, bold
face print is contained on Exhibit "A" of this Agreement, on the page immediately following the signature page.

Scope of Work: The Contractor agrees to perform the work described on Exhibit “B” at the Property (“Work”).

Contract Sum: Owner shall pay Contractor the sum of $12,698 for the Work, subject to changes as set forth
herein, as follows:

Munir Aleem(Customer's Initials)


Owner hereby agrees that, pursuant to §489.126(2)(a), Florida Statutes, Contractor shall not be liable, nor required
to return any Deposit paid, should the acquisition of permits exceed Thirty (30) days or the commencement of
construction exceed Ninety (90) days.

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Schedule: Contractor Shall Commence the work 10 days after execution of this Contract (The “Commencement
Date”) and shall endeavor to achieve Substantial Completion within 90 days after the commencement date.
Substantial Completion is the date the last required inspection is performed or the Property is available for its
intended use, whichever is earlier.

Extras and Change Orders: All Change Orders or Extras desired by Owner shall be agreed to in writing between
the Owner and Contractor before the Contractor has any obligation to Owner regarding same. All charges for the
Extras and/or Change Order(s) shall be paid in full at time of signing of change order and prior to ordering material
or commencing work on any change order. Contractor shall be entitled to an extension of time to complete all
Change Order Work.

Warranty: Contractor will provide warranty information to Owner within 30 days after completion and final
payment.

LIMITATION OF LIABILITY EXCEPT AS THOSE EXPRESS WARRANTIES MADE IN THIS CONTRACT,


CONTRACTOR MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES OR GUARANTEES
TO OWNER WITH RESPECT TO ITS PERFORMANCE UNDER THIS CONTRACT. IN NO EVENT SHALL
CONTRACTOR'S AGGREGATE AND CUMULATIVE LIABILITY FOR DAMAGES HEREUNDER EXCEED THE
AMOUNT OF MONEY RECEIVED AND RETAINED BY CONTRACTOR UNDER THIS CONTRACT.

Under no circumstances shall Contractor be responsible or liable for damage to, or reinstallation of, any items
touching Contractor’s work including, but not limited to, home alarms and/or window blinds/treatments. Owner
must remove all items touching Contractor’s area(s) of Work, including doors and windows, and arrange for
reinstallation of same upon completion of Contractor’s Work.

Contractor May Stop Work or Terminate: If, through no act or fault of the Contractor, the Owner fails to fulfill its
obligations under this Agreement (whether non-monetary or monetary obligations), the Contractor shall provide
written notice of default to the Owner identifying the default. The Owner will have Seven (7) days to cure non-
monetary defaults and Five (5) days to cure monetary defaults. In the event a cure of such default of a non-
monetary obligation by its nature would require more time to cure, then the Owner may have such additional time
as may reasonably be needed to complete such cure, so long as the Owner commences with the cure and
diligently pursues such cure to completion, without unreasonable delay. If the Owner fails to cure the default within
the required time period, the Contractor may (i) suspend all Work until the default is cured, or (ii) terminate the
Agreement and recover from the Owner (a) payment for the cost of the Work incurred up until the date of such
termination, along with any other related fees, expenses and costs, and (b) an amount that would compensate the
Contractor for its lost opportunity to obtain a reasonable profit on the balance of the work (i.e., lost profits). Such
amount for lost profits shall be determined at the time of termination as a sum equaling twenty five percent (25%)
of the balance of the cost of the Work which has not been completed. If the Contractor terminates or suspends
the Work, the Owner shall be obligated for all costs reasonably incurred by the Contractor associated with such
termination or suspension.

Acceleration of Payment: If the Owner denies the Contractor access to the property or in any way delays or
hinders Contractor’s performance of its obligations, permit inspections or any payment obligation for any reason
beyond Three (3) calendar days, the entire unpaid balance due under this Contract becomes immediately due and
must be paid In full by the Owner before any further work, inspections or warranty service can commence.
Owner's failure to comply with this provision is a material breach of the Contract.

Use of Finance: FHIA, LLC DOES NOT FINANCE. FHIA, LLC does offer 3rd party finance as an option to the
Owner. The Owner is responsible to pay the entire amount of the contract with or without the use of finance.

By selecting the finance option for the partial or full payment of this project. The Owner agrees to sign all finance
completion forms and finance care call the final day of installation. The completion of the final inspection will be
scheduled for the next available day and ALL checklist items, parts, replacement or damaged product reorders will
be completed in a timely manner as part of our service policy.

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If financing is being obtained by Owner:


a) Do not sign this Contract or any financing document in blank. You are entitled to a copy of the
contract at the time you sign-
b) The financial documents provided by a lender to this home improvement contract may create a
lien on your property.
c) Be sure you understand all provisions of the Contract and financial documents before you sign.

Consequential Damages: NEITHER CONTRACTOR NOR THE OWNER SHALL BE LIABLE TO THE OTHER FOR
ANY CONSEQUENTIAL LOSSES OR DAMAGES, WHETHER ARISING IN CONTRACT, WARRANTY, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO LOSSES
OF USE, PROFITS, BUSINESS, REPUTATION OR FINANCING.

Force Majeure: Contractor shall not be liable or responsible to Owner, nor be deemed to have defaulted under or
breached this Agreement, for any failure or delay in fulfilling or performing any term of this Contract when and to
the extent such failure or delay is caused by or results from acts beyond Contractor’s control including, but not
limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires,
explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war,
invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d)
government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f)
action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or
slowdowns, delays in the supply and/or receipt of materials or supplies, or other industrial disturbances; and (i)
shortage of adequate power or transportation facilities. Contractor shall resume the performance of its obligations
as soon as reasonably practicable after the removal of the cause. In no event may Owner terminate this Contract
in the event of a delay, shortage or stoppages in the supply of labor, materials, or supplies. Any of the other Force
Majeure Events may be the basis of termination of this Contract upon 14 calendar days’ written notice to
Contractor, but only if notice is received before the Force Majeure Event has ceased.

Governing Law: This Agreement shall be interpreted, and the rights and duties of the parties hereto shall be
determined, in accordance with the laws of the State of Florida, without reference to or application of principles of
choice of law or forum.

Attorneys' Fees And Costs; Venue; Waiver Of Jury Trial: In the event of any legal proceedings arising from or
relating to this Agreement, including litigation or other legal action, the prevailing party shall be entitled to recover
its costs, including all of its reasonable attorneys' fees, from and against the non-prevailing party, including
attorney’s fees and costs incurred for appeal, post-judgment and bankruptcy proceedings, and including
attorney's fees and costs incurred to prove entitlement to and the amount of an award of attorney's fees and
costs.

In the event of a dispute between the parties arising from or relating to this Agreement, the parties shall attempt in
good faith to negotiate a resolution before proceeding to mediation and/or litigation.

In the event the parties cannot resolve a pending dispute, before filing suit (unless otherwise required by the
Florida Lien Law), the parties shall mediate the dispute according to Florida Laws governing mediation. Mediation
shall occur within Sixty (60) days of the date either party makes a written demand for mediation.

In the event a dispute is not resolved by initial meeting of the parties and/or mediation, if litigation is sought by
either party to resolve the dispute, the parties hereby submit to the exclusive jurisdiction of the Circuit Court of the
Seventeenth Judicial Circuit in and for Broward County, Florida. The parties waive and agree not to assert, by way
of motion or otherwise, as a defense or otherwise, that any such proceeding is brought in an inconvenient forum
or that venue is improper or that jurisdiction over the parties cannot be had. Owner waives any and all privileges
and rights, which it may have under Florida or Federal law, relating to venue, as it now exists or may hereafter be
amended, and any other comparable statute or administrative provision.

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In addition, the Parties hereby waive the right to a jury trial of any issue or claim arising from or relating to
this Contract, the subject property, the Work and/or a dispute with Contractor.

Notices: Any notice between the parties are to be given to the other party pursuant to this Contract In writing and
shall be deemed to have been duly given if hand delivered, sent by overnight courier service, or sent by email. Any
such notice shall be deemed given when received or when delivery is refused. All notices shall be addressed to
the parties as provided in this Contract.

Severability: The invalidity of any provision of this Contract shall not affect the validity of any other paragraph or
provision of this Contract and all remaining provisions will remain in full force and effect and shall be construed in
a manner so as to effectuate the intent of this Contract as a whole, notwithstanding the stricken provision.

Consent to Contact: By signing this Contract, Owner consents to phone calls, texts, and emails from Contractor,
both before and after execution of this Contract, pertaining to the work covered by this Contract.

Content Authorization & Release: By signing this Contract, The undersigned hereby expressly and irrevocably
consents to any and all use, reproduction, publication, and distribution of the submitted content by FHIA, LLC and
any of its subsidiary companies, including, without limitation, all successors and assigns (collectively, " FHIA"), in
connection with publicizing, promotional and other commercial activities in any form or format, in any medium,
now known or hereinafter developed. Content may include, without limitation, before and after photographs, video
content, audio content, and written content (collectively, "Content"). Unless otherwise expressly agreed upon in
writing. I agree that I will make no monetary or other claim against FHIA, LLC for the use of the Content. In
addition, I waive any right to inspect or approve the finished product, including written copy or video, wherein my
Content appears. To the fullest extent possible under applicable law, I hereby hold harmless and release FHIA,
LLC from all claims, demands and causes of action which I, my heirs, representatives, executors, administrators,
or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this
authorization.

Miscellaneous: This Contract and the Exhibits hereto contain the entire agreement between the parties. By signing
this Contract, Owner agrees and acknowledges that it has received the Exhibits and agrees to the contents
therein. This Contract may not be changed orally but only by a Change Order or other written amendment signed
by both parties. The waiver by any party of a breach of any provisions of this Contract shall not operate or be
construed as a waiver of any written amendment or waiver of any subsequent breach of any party.

Cancellation: Owner may cancel this Contract at any time prior to midnight on the third business day after the date
of this Contract by providing Contractor with the Notice of Cancellation attached hereto as Exhibit “C”. If Owner
cancels this Contract any time after this three business day period, Owner shall pay to Contractor all sums due for
all work performed; a restocking fee of 30% of the Contract Sum to cover restocking of all materials purchased by
Contractor for this Contract, but not installed; and Owner’s lost profit on the work it was not able to perform due
to Owner’s untimely cancellation of the Contract.

Florida Homeowners’ Construction Recovery Fund: The following disclosure is required by § 489.1425(1), Florida
Statutes:

CONSTRUCTION INDUSTRIES RECOVERY FUND


PAYMENT MAY BE AVAILABLE FROM THE CONSTRUCTION INDUSTRIES RECOVERY FUND IF YOU
LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM
SPECIFIED VIOLATIONS OF FLORIDA LAW BY A STATE LICENSED CONTRACTOR. FOR MORE
INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA
CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND
ADDRESS:

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Florida Department of Business and Professional Regulation


Construction Industry Licensing Board
1940 North Monroe Street
Tallahassee, Florida 32399
Tel. (850) 487-1395

Munir Aleem Shaun Fitzgerald


04/11/2024 04/11/2024
Date Date

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EXHIBIT "A"
DISCLOSURE REGARDING MANDATORY PROVISIONS FOR DIRECT CONTRACTS

Pursuant to § 713.015, Florida Statutes, the following notice provision is required to be provided to
the Owner (Owner) and printed in no less than 12-point, capitalized, boldface type on the front
page of the contract or on a separate page, signed by the Owner (Owner) and dated. The following
is provided in compliance with this requirement:

ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA


STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND ARE NOT
PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR
PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A
SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL
SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR
PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO
PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY.
THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO
PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A
SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD
STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS
REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR
COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER.” FLORIDA'S CONSTRUCTION
LIEN LAW IS COMPLEX AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.

By signing, the Owner(s) acknowledges receipt of the above statutory disclosure, on the date set
forth below:

Munir Aleem Shaun Fitzgerald


04/11/2024 04/11/2024
Date Date

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EXHIBIT "B"

SCOPE OF WORK
1) Remove existing units to be replaced (Note: Removed items likely to be damaged.)
2) Prepare opening as necessary to receive replacement units.
3) Total number of windows being installed 0
4) Total number of doors being installed 1
5) Work NOT to be completed:
No Interior or exterior painting.
6) If applicable, remove the following shutter panels, and/or security bars. (specify)
7) Special Instructions:
CUSTOMER IS TAKING ADVANTAGE OF CWS LIFETIME WARRANTIES. (LIFETIME HURRICANE BREAKAGE, LIFETIME
ACCIDENTAL BREAKAGE, & LIFETIME LABOR).
8) Cleanup job debris and provide necessary permits and insurance. If applicable, in the event that Contractor is
unable for whatever reason to obtain proper permits prior to commencement of any work, Contractor shall refund any
previous payment and this transaction shall be automatically cancelled.

9) Additional Work: (No finish work other than normal installation is to be done unless noted below)
FHIA TO DO ALL FINISHING WORK. (STUCCO, DRYWALL, ETC.) NO TOUCH UP PAINT.

Munir Aleem(Customer's Initials)

Homeowner's Association NO

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FHIA One Year Total Investment


$17,835
FHIA Monthly Marketing Promotion $3,567
Initial Visit Reward
$1,570

Total Contract Price (including all discounts) $12,698


Deposit 0.00
Balance Due $12,698
Balance Form of Payment Finance
Lender Aqua
Application ID 0000
***All discounts are final. No additional promotions apply.***

Vinyl Impact Sliding Glass Doors

Door Style Energy Storm Saver SGD 2 Panel Door Brand Custom Window Systems
Quantity 1 Insulated Included
Glass Type Solar Max with Neat Technology
Location Family Room Interior Color
Style 8800 Series Exterior Color White
Size 119 X 80

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EXHIBIT "C"
NOTICE OF CANCELLATION

04/11/2024
You may CANCEL this transaction, without any Penalty or Obligation, within THREE BUSINESS DAYS from
the above date.

If you cancel, any property traded in, any payments made by you under the contract or sale, and any
negotiable instrument executed by you will be returned within TEN BUSINESS DAYS following receipt by
seller of your cancellation notice, and any security interest arising out of the transaction will be cancelled.

If you cancel, you must make available to the seller at your residence, in substantially as good condition as
when received, any goods delivered to you under this contract or sale, or you may if you wish, comply with
the instructions of the seller regarding the return shipment of the goods at the seller's expense and risk.

If you do make the goods available to the seller and the seller does not pick them up within 20 days of the
date of your Notice of Cancellation, you may retain or dispose of the goods without any further obligation. If
you fail to make the goods available to the seller, or if you agree to return the goods to the SELLER and fail to
do so, then you remain liable for performance of all obligations under the contract.

To cancel this transaction, mail or deliver a signed and dated copy of this Cancellation Notice or any other
written notice, or send a telegram to

FHIA, LLC
3801 Southwest 30th Avenue
Fort Lauderdale, FL 33312

___________________________
Munir Aleem

___________________________
4737 NW 1 Ct
Plantation FL 33317

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NOTICE OF CANCELLATION

04/11/2024
You may CANCEL this transaction, without any Penalty or Obligation, within THREE BUSINESS DAYS from
the above date.

If you cancel, any property traded in, any payments made by you under the contract or sale, and any
negotiable instrument executed by you will be returned within TEN BUSINESS DAYS following receipt by
seller of your cancellation notice, and any security interest arising out of the transaction will be cancelled.

If you cancel, you must make available to the seller at your residence, in substantially as good condition as
when received, any goods delivered to you under this contract or sale, or you may if you wish, comply with
the instructions of the seller regarding the return shipment of the goods at the seller's expense and risk.

If you do make the goods available to the seller and the seller does not pick them up within 20 days of the
date of your Notice of Cancellation, you may retain or dispose of the goods without any further obligation. If
you fail to make the goods available to the seller, or if you agree to return the goods to the SELLER and fail to
do so, then you remain liable for performance of all obligations under the contract.

To cancel this transaction, mail or deliver a signed and dated copy of this Cancellation Notice or any other
written notice, or send a telegram to

FHIA, LLC
3801 Southwest 30th Avenue
Fort Lauderdale, FL 33312

___________________________
Munir Aleem

___________________________
4737 NW 1 Ct
Plantation FL 33317

ACKNOWLEDGEMENT OF RECEIPT
Each of the undersigned acknowledge receipt of 2 copies of this Notice of Right to Cancel.

Munir Aleem Shaun Fitzgerald


04/11/2024 04/11/2024
Date Date

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Acknowledgment of Project Consisting of Insulated and Non-insulated


Product

I acknowledge and understand that the contract I have entered with FHIA consists of a variety of
manufacturers and products. I understand and accept that there will be performance variation relating to
energy efficiency and comfortability with any product that is vinyl insulated versus aluminum
non-insulated. I relieve FHIA of all future responsibility if upon installation I find there to be any variance
of energy performance as I am fully aware this will most likely be the case.

Munir Aleem

04/11/2024
Date

FHIA, LLC
LIC: CGC061890 CCC1330461

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