[Contractor’s Name]
[Contractor’s Address]
[City, State, Zip]
[Date]
[Customer’s Name]
[Customer’s Address]
[City, State, Zip]
Dear [Customer’s Name],
AGREEMENT FOR INSURANCE RESTORATION SERVICES
THIS AGREEMENT ("Agreement") is entered into by and between [Contractor’s Name],
a New Mexico company holding NM GB02 License 410029 and whose place of
business is located at [Address], ("Contractor") and [Customer’s Name] whose address
is at [address] ("Customer").
1. Scope of Work.
1.1 Contractor agrees to provide insurance restoration services to Client for the
restoration of [property description] as specified in the insurance claim estimate
provided by Customer’s insurance company. Such services shall include, but not
be limited to, the following:
a) Evaluation of the damage to the property;
b) Preparation of a detailed scope of work and estimate for the restoration;
c) Coordination of all necessary permits and inspections;
d) Demolition and removal of damaged materials;
e) Restoration and repair of the property, including any necessary structural
repairs, electrical work, plumbing, and HVAC work;
f) Cleaning and disinfection of the property;
g) Project management and supervision, including scheduling of
subcontractors and monitoring of progress;
h) Communication with insurance adjusters and other involved parties,
including providing regular updates on the progress of the restoration;
i) Documenting and billing of all work performed, including providing detailed
invoices and backup documentation to the insurance company.
2. Contract Price
2.1 The contract price shall be equal to the amount paid by the insurance company
for the restoration work, as detailed in the insurance claim estimate.
3. Payment Terms
Customer agrees to pay Contractor the following amounts:
3.1 The initial insurance payment ("Initial Payment"), if any, within five (5) business
days of receipt of the Initial Payment from the insurance company. A late fee
equal to 10% of the payment amount shall be assessed if the Initial Payment is
not received within the specified time frame.
3.2 Any supplemental insurance payments, depreciation payments, or other
payments issued by the insurance company for the restoration work, within five
(5) business days of receipt of the respective payments from the insurance
company. A late fee equal to 10% of the payment amount shall be assessed if
the Customer fails to notify Contractor of receipt of the payments within the
specified time frame.
4. Deductible Payment
4.1 In accordance with New Mexico Senate Bill 55, the Customer shall pay the
insurance deductible as shown on the insurance estimate directly to the
Contractor. It is prohibited for the Contractor to waive, pay, or rebate the
insurance deductible as an incentive to hire them for the repair work.
5. Permitting and Supplementations
5.1 By signing this agreement, Customer authorizes Contractor to apply for and
obtain any necessary permits for the work.
5.2 Customer also agrees to allow Contractor to commence any supplementations
as needed. For the purposes of this Agreement, "supplementations" refer to
additional work or materials required to complete the project that were not initially
included in the insurance claim estimate, such as adjustments or modifications to
the scope of work to comply with local building codes or address unforeseen
issues discovered during the restoration process.
6. Non-Recoverable Depreciation
6.1 If Customer’s insurance policy is an Actual Cash Value (ACV) policy and includes
non-recoverable depreciation, Contractor reserves the right to adjust the scope of
work accordingly, provided the adjusted scope of work does not require
Customer to pay out-of-pocket expenses for non-recoverable depreciation.
7. Unforeseen Conditions and Limitation of Liability
7.1 Contractor shall not be responsible for any damages, costs, or delays resulting
from unforeseen conditions, such as hidden structural damage, mold, or other
issues not visible during the initial inspection.
7.2 In the event that unforeseen conditions are discovered during the course of work,
Contractor shall promptly notify the Customer and discuss potential solutions,
additional costs, and revised timelines, if applicable.
7.3 Any changes to the scope of work or contract price due to unforeseen conditions
must be agreed upon in writing by both parties before proceeding with the
additional work. Contractor shall also not be responsible for damages to or
malfunctions of any systems, including HVAC, plumbing, and electrical systems,
which were not directly caused by Contractor’s work.
8. Force Majeure
8.1 Neither party shall be liable for any failure or delay in performance under this
Agreement due to circumstances beyond its reasonable control, including but not
limited to acts of God, natural disasters, pandemics, public health emergencies,
labor disputes, strikes, or government actions.
8.2 In the event of a force majeure, the affected party shall promptly notify the other
party and shall make reasonable efforts to mitigate the impact of the force
majeure event and resume performance as soon as possible.
9. Right to Cancel
9.1 In accordance with the Federal Trade Commission’s Cooling-Off Rule, the
Customer has the right to cancel this Agreement without penalty within three (3)
business days of signing the Agreement.
9.2 To exercise this right, the Customer must provide a written notice of cancellation
to the Contractor within the three (3) business day period. The written notice of
cancellation can be sent to the following address: PO Box 65515, Albuquerque,
NM 87193, or via email at info@altituderoofingnm.com. If the Customer
chooses to cancel, any payments made by the Customer will be promptly
refunded.
10. Limited Lifetime Workmanship Warranty
10.1 Contractor warrants to the original property owner ("Customer") that the
labor provided for the installation of Owens Corning and Versico roofing
materials will be free from defects in workmanship under normal use and
service for the duration of the applicable material warranty provided by the
respective manufacturers, subject to the terms and conditions set forth below.
10.2 This Limited Lifetime Workmanship Warranty ("Warranty") is only applicable to
the work performed by the Contractor and does not cover any defects,
damages, or failures resulting from the roofing materials themselves. The
Customer must seek remedies for material defects directly from the respective
manufacturers.
10.3 This Warranty is initially non-transferable and only applies to the Customer
listed in the contract. However, the Warranty may be transferred to a new
homeowner upon payment of a $1,200 transfer fee, provided that the new
homeowner submits a written request for transfer to the Company within 30
days of the property’s change of ownership.
10.4 The Warranty is subject to the following exclusions and limitations:
i. Damage due to natural disasters, severe weather conditions, or any other
force majeure events.
ii. Damage or defects resulting from unauthorized repairs or modifications to
the roofing system.
iii. Damage due to improper maintenance, neglect, or abuse by the Customer
or any third party.
iv. Damage resulting from normal wear and tear or aging of the roofing
system.
v. Damage caused by animals, pests, or insects.
vi. Damage caused by any other factors beyond the Contractor’s reasonable
control.
10.5 To make a claim under this Warranty, the Customer must provide written notice
to the Contractor within 30 days of discovering the workmanship defect, including
a detailed description of the issue and any supporting evidence. Failure to
provide timely notice may result in the denial of the Warranty claim.
10.6 If a valid claim is made under this Warranty, the Contractor’s sole obligation and
the Customer’s exclusive remedy shall be, at the Contractor’s option, either to
repair or replace the defective workmanship, without charge to the Customer.
The Contractor shall have a reasonable period to perform such repair or
replacement.
10.7 This Warranty is exclusive and in lieu of all other warranties, whether express or
implied, including but not limited to any implied warranties of merchantability or
fitness for a particular purpose. In no event shall the Company be liable for any
incidental, consequential, or special damages arising out of or related to the
performance of the work or the provision of this Warranty.
11. NM GB02 License and General Liability Insurance
11.1 Contractor holds a valid NM GB02 License 410029 and maintains general
liability insurance coverage through Clear Blue Specialty Insurance Company
(Policy Number AR01RS220520000, with coverage effective from 10/17/2022 to
10/17/2023).
12. Authorization to Sign
12.1 By signing this Agreement, Customer represents and warrants that they
have the authority to enter into this Agreement on behalf of all parties named on
the insurance policy or property deed, or that they have received written
authorization from all such parties to enter into this Agreement on their behalf.
Contractor is relying on such representation and authorization.
13. Governing Law and Dispute Resolution
13.1 This Agreement shall be governed by and construed in accordance with
the laws of the State of New Mexico, without regard to its conflict of law
provisions. In the event of any dispute arising out of or relating to this Agreement,
the parties agree to first attempt to resolve the dispute through good faith
negotiation and, if necessary, mediation with the assistance of a mutually
agreed-upon neutral mediator.
13.2 If the parties are unable to resolve the dispute through mediation, they agree to
submit the dispute to binding arbitration in accordance with the rules of the
American Arbitration Association. Arbitration shall take place in Albuquerque,
New Mexico, and the arbitrator shall be selected in accordance with the rules of
the American Arbitration Association. The parties hereby waive any right to a trial
by jury in any litigation arising from or related to this Agreement. The prevailing
party in any arbitration or litigation shall be entitled to recover its reasonable
attorney’s fees and costs.
14. Independent Contractor Relationship
14.1 It is expressly understood and agreed that the relationship between
Contractor and Customer is that of an independent contractor. Neither party shall
be deemed to be an employee, agent, partner, or joint venture of the other, and
neither party shall have the authority to bind or obligate the other in any manner.
14.2 Contractor is solely responsible for determining the means, methods, and
manner of performing the work under this Agreement, and Customer shall have
no right to control, supervise, or direct Contractor’s performance of the work,
except as expressly provided in this Agreement.
15. Subcontractors
15.1 Contractor may, at its discretion, engage subcontractors to perform some
or all of the work under this Agreement. Contractor shall remain responsible for
the performance and quality of the work performed by any subcontractors and
shall ensure that all subcontractors comply with the terms and conditions of this
Agreement, as applicable.
15.2 Customer acknowledges and agrees that Contractor shall have the right to select
and manage subcontractors in its sole discretion, provided that the engagement
of subcontractors does not result in any material changes to the scope of work,
contract price, or any other terms of this Agreement, without the prior written
consent of Customer.
16. Termination for Cause
16.1 Either party may terminate this Agreement in the event of a material
breach by the other party that remains uncured after the non-breaching party
provides written notice of the breach and a reasonable cure period, not to exceed
thirty (30) days. Material breaches include, but are not limited to, non-payment of
amounts due under this Agreement, non-performance or unsatisfactory
performance of work, or any other substantial failure to comply with the terms
and conditions of this Agreement.
16.2 In the event of termination for cause, the non-breaching party shall be entitled to
pursue all available legal and equitable remedies, including, without limitation,
the right to recover damages, costs, and reasonable attorney’s fees. In the event
of non-payment by the Customer, the Contractor reserves the right to file a
mechanic’s lien against the property in accordance with applicable state law.
17. Indemnification
17.1 Each party (the "Indemnifying Party") shall indemnify, defend, and hold
harmless the other party, its officers, directors, employees, agents, successors,
and assigns (the "Indemnified Party") from and against any and all losses,
damages, liabilities, claims, actions, judgments, settlements, costs, and
expenses (including reasonable attorney’s fees) (collectively, "Losses") that arise
out of or result from any third-party claim or action, to the extent such Losses are
caused by or arise out of the Indemnifying Party’s (i) negligence, willful
misconduct, or breach of any representation, warranty, or obligation under this
Agreement; or (ii) infringement or misappropriation of any intellectual property
rights of a third party.
17.2 The Indemnified Party shall promptly notify the Indemnifying Party in writing of
any claim or action for which indemnification is sought and shall reasonably
cooperate with the Indemnifying Party, at the Indemnifying Party’s expense, in
the defense or settlement of such claim or action.
18. Attorney Fees
18.1 In the event of arbitration or litigation arising out of or relating to this
Agreement, the prevailing party shall be entitled to recover its reasonable
attorney’s fees and costs, in addition to any other relief to which it may be
entitled.
19. Electronic Signatures
19.1 The parties acknowledge that electronic signatures are enforceable and
accepted under the Electronic Signatures in Global and National Commerce Act.
19.2 By signing this Agreement electronically, the parties agree to be bound by its
terms and conditions as if they had signed a paper copy of the Agreement.
19.3 The parties agree to use the JobNimbus or Docusign platform for electronic
signatures, unless otherwise agreed upon in writing. The parties’ agreement to
use electronic signatures does not limit their rights to enforce the Agreement or
to seek any remedies available under the Agreement or applicable law.
20. Entire Agreement
20.1 This Agreement constitutes the entire agreement between the parties with
respect to the subject matter hereof and supersedes all prior and
contemporaneous understandings, agreements, negotiations, and
representations, whether written or oral, relating to the subject matter.
20.2 This Agreement may only be amended, modified, or supplemented by an
agreement in writing signed by both parties.
21. Severability
21.1 If any term or provision of this Agreement is held to be invalid, illegal, or
unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability
shall not affect any other term or provision of this Agreement or invalidate or
render unenforceable such term or provision in any other jurisdiction.
21.2 In the event that any term or provision is deemed unenforceable, the parties
agree to negotiate in good faith to replace the unenforceable term or provision
with a valid and enforceable one that reflects the original intent of the parties.
22. Waiver
22.1 No failure or delay by either party in exercising any right or remedy under this
Agreement shall operate or be construed as a waiver of that right or remedy or
any other right or remedy under this Agreement.
22.2 Any waiver of any provision of this Agreement must be in writing and signed by
the waiving party.
23. Notices
23.1 All notices, requests, consents, claims, demands, waivers, and other
communications hereunder shall be in writing and shall be deemed to have been
given (a) when delivered by hand (with written confirmation of receipt); (b) when
received by the addressee if sent by a nationally recognized overnight courier
(receipt requested); (c) on the date sent by email if sent during normal business
hours of the recipient, and on the next business day if sent after normal business
hours of the recipient; or (d) on the third day after the date mailed, by certified or
registered mail, return receipt requested, postage prepaid. Such communications
must be sent to the respective parties at the addresses set forth at the beginning
of this Agreement (or to such other address as may be designated by a party
from time to time in accordance with this section). For the purposes of email
communications, Contractor’s email address is info@altituderoofingnm.com,
and Customer’s email address is [Customer’s Email Address].
24. Counterparts
24.1 This Agreement may be executed in counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same
instrument. Electronic signatures shall be deemed original signatures for
purposes of this Agreement.
By signing below, the parties hereby acknowledge and agree to the terms and
conditions of this Agreement:
[Contractor’s Name] [Customer’s Name]
By: ____________________________ By: ____________________________
[Contractor’s Representative] [Customer’s Representative]
Title: ___________________________ Title: ___________________________
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