TERMS AND CONDITIONS
The agreement presented in this document, along with any amendments made to it, between Shekinah
Contracting, LLC (referred to as “Shekinah”) and the customer(s), are governed by the following special
terms and conditions. These terms and conditions are explicitly included in and form an integral part of
the agreement.
1. This contract will become binding on Shekinah only after it has been approved, accepted, and
signed by an authorized officer of Shekinah, or until performance has commenced, whichever
occurs first. The parties acknowledge that the sales representative does not have the authority,
either explicitly or implicitly, to bind Shekinah to this contract.
2. Shekinah reserves the right to order excess materials necessary for the completion of the project,
without any additional charges to the agreed-upon price. Any unused excess materials will
become the property of Shekinah. Shekinah may also request additional Replacement Cost Value
amounts from the insurance company, if necessary, to ensure the proper completion of the
project.
3. The insurance company will directly pay Shekinah any supplement required for extra labor and
materials needed beyond the original scope of repairs.
4. All material used in the repairs is guaranteed to be as specified, and the work will be completed
in a professional manner consistent with standard practices. Any changes or deviations from the
specifications, which require additional costs, will be carried out only with written change orders,
and will incur extra charges beyond the initial estimate. Shekinah’s ability to perform is dependent
on factors outside of their control, such as accidents, strikes, or unforeseen delays. The owner
must maintain property and liability insurance, including coverage for events like fire and tornado
damage.
5. This agreement represents the entire understanding between the parties involved and can only
be altered through written agreements signed by both parties. Any previous representations, oral
or written agreements, negotiations, or discussions between the parties are null and void,
immaterial, and not considered part of this agreement. This agreement supersedes all previous
agreements and discussions between the parties.
6. If any provision of this agreement is deemed invalid or unenforceable, it will not impact the
enforceability or validity of the remaining provisions of this agreement.
7. Shekinah bears no responsibility for any damage that occurs below the roof due to leaks caused
by excessive wind, ice dams, hail, pre-existing conditions, or future construction defects.
8. NOTICE OF RIGHT TO CANCEL: The customer has the right to cancel this agreement within three
(3) days of signing it, without any penalty. To exercise this right, the customer will receive a
“Notice of Right to Cancel” form.
9. If the homeowner cancels or terminates this agreement after the insurance company approves
the claim for any reason, they must reimburse Shekinah for their time and expertise. The amount
will be $1,250 or 25% of the contract amount, whichever is greater. If the customer does not
comply with this agreement or Shekinah is forced to hire an attorney or collection agency to
collect payment, the customer will be liable for all legal fees, expenses, and costs related to
enforcing or collecting payment for this agreement.
10. These terms and conditions will be considered an integral part of the contract that the customer
enters into when the insurance company approves the work proposal. Even though the insurance
company’s payment will be the primary source of payment for the contract amount, the customer
is ultimately responsible for the full payment to Shekinah.
11. The homeowner agrees that the entire contract will remain valid and binding as long as the
insurance company approves to pay the homeowner for the loss.
12. The dollar amount of the contract includes the dollar amount allowed by the insurance company’s
scope of loss/estimate, as well as overhead and profit. Additionally, any agreed-upon upgrades
and the deductible will also be included in the contract amount.
13. The final payment in full cannot be withheld while waiting for any governmental official to inspect
the work. It is understood that all work will be done in a workmanlike manner and in compliance
with the standard practices of the roofing industry.
14. The customer acknowledges that vibrations may occur during the execution of the work described
in this agreement and agrees that SHEKINAH shall not be held liable for any damages to personal
property or physical injury resulting from such vibrations.
15. SHEKINAH shall not be held responsible for any pre-existing construction defects of the
customer’s home, including but not limited to framing and rafters.
16. SHEKINAH will take reasonable steps to protect the customer’s property from damages during the
roofing project. However, the customer acknowledges that such projects may cause some wear
and tear to driveways, parking lots, walkways, lawns, shrubs, flowers, or vegetation due to the
presence of trucks, equipment, materials, workforce, or debris. Therefore, SHEKINAH shall not be
held liable for such damages.
17. To protect against potential liens filed by suppliers or laborers, this pre-lien notice informs the
customer that any person or company contributing labor or materials to the improvement of their
property may file a lien against the property if they are not compensated for their work. As the
general contractor, we advise the customer to ensure that all payments are made promptly to
prevent any liens from being filed against their property.
18. By making the Final Payment, Customer acknowledges that SHEKINAH has fully performed all
obligations under this Agreement to the best of its ability, and waives any claim against SHEKINAH
for any alleged failure to perform or breach of this Agreement, except for any warranty claims as
set forth in this Agreement. This waiver includes, but is not limited to, any claims for damages,
losses, expenses, or liabilities of any kind, whether known or unknown, arising out of or related
to the work performed by SHEKINAH under this Agreement.
19. As a condition precedent to filing any legal action against SHEKINAH for its failure to perform its
obligations under this Agreement, Customer must provide SHEKINAH with written notice of the
alleged default. SHEKINAH shall then have fourteen (14) days to remedy the default before
Customer may initiate any legal proceedings.
20. Except for warranty claims under the Warranty provided by SHEKINAH, all other claims or causes
of action against SHEKINAH shall be brought within one year after substantial completion date or
final payment, whichever occurs first. Failure to bring such claims or causes of action within said
time period shall result in their permanent bar.
21. This contract, which consists of this page and the reverse side of this page, shall be deemed to be
the entire agreement between the parties and supersedes all prior understandings, negotiations,
and agreements, whether written or oral, relating to the subject matter hereof
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