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Homeowner/ General Contractor Contract
My Building Partner may be referred to as “MBP” in the document below. General contractors,
owner-builders, subcontractors, and suppliers may be referred to as
“Clients” in the document below.
My Building Partner represents a community of hundreds of the best subcontractors and
material suppliers in the area. Each company that is represented by MBP has
been screened as to provide you with the highest level of customer
satisfaction. Subcontractors are often referred to as trades contractors.
(I.e. plumbers, electricians, roofers, etc.) The building of a home can
require as many as 70 different types of subcontractors. Our goal is to
assist you as you build your home and help you maintain a high quality of
workmanship at an affordable price.
My Building Partner Services Include:
·
Online Plan hosting…
o We will host your blue prints online accompanied
with detailed notes about your project.
·
Bid solicitation…
o We will help you decide which trades you’ll need
for your project.
o We will get bids from companies within each of the
trades that you select.
o We will provide apples to apples bids in each trade
type.
§ A minimum of two bids per trade
o You will be able to choose which company you want
to hire in each trade type that you select.
o We can provide a materials break down so that you
can get the best price on lumber and building supplies.
·
Building Advisor…
o We will help you to know what you need to do next
as your project progresses.
o We will help you to choose and schedule
subcontractors.
o We will help you resolve problems that may arise
during the construction process.
§ We are construction specialists that can offer
valuable advice.
§ If you have a problem with one of our companies, we
will be your advocates in getting a prompt solution to the problem.
o We will help you to know what the best and most
popular products are.
o Our goal is to get you the best deal for your
money.
·
Subcontractor Screening…
o My Building Partner offers a level of protection by
screening each company before they are hired to work on your home.
o We will screen each contractor that places a bid to
make sure that they are licensed, insured, and have a high customer approval
rate.
§ My Building Partner cannot stand behind any company that
does not provide high quality workmanship and excellent customer service.
o You will be able to rate each of the companies that
worked on your home.
§ You can check and place ratings and give a report
online for each subcontractor that works on your home.
This
agreement is on a trade-by-trade basis
.
When you post your project with MBP, you will be
given a project information packet which will have a list of all of the
trade types you may need to build your home. We encourage you to select only
the trades in which you would like to receive bids.
Companies that you hire to work on your home compensate
MBP for its service by paying a win fee. For each trade type that
you select, you will want to use a subcontractor that has submitted its bid
through MBP, as the win fees will be paid by that company. If you choose not
to hire a MBP company in a trade that you have selected, you will be
responsible for the win fee associated with that trade. The win fee will be
based upon the highest bid gathered by My Building Partner. Win fees are % of bid.
To insure you the best possible service, there are a few
rules that you will need to follow.
By signing this agreement, you are
stating that you and others in your organization do fully understand and
will adhere to the rules as they are explained below.
We will
provide bids to you from several different companies within each trade type
that you select. If you do not select a particular trade type, we will not
solicit bids in it. From the time that you submit your project information packet, you
will have 24 hours to change your mind concerning which trades you have
selected (before bid invitations are sent).
You have
the right to choose which company you would like to hire in each trade type
that you select from the list of companies presented to you by MBP. If you
don’t like the choices that you have from the list of companies that are
provided by MBP within a particular trade type, you can request a bid from a
company that is outside of the MBP community, and we will attempt to gather a bid from
that company.
Please Agree to the Following Terms and Conditions
· The project that I am posting is a real project and
I have full intent to complete the project.
o If for whatever reason this project is cancelled,
there will be a cancellation penalty.
§ Cancellation penalty to be $5.00 per day from the
date that the information packet was submitted to My Building Partner .
· I will provide to My Building Partner all information
necessary for companies to make complete and accurate bids on all or part of
a project.
o I may specify the date when I will no longer
accept bids with respect to a project.
o I may delay the project date upon written request
or phone call to My Building Partner .
· I give My Building Partner permission to use and/or post online my floor
plans and other architectural drawings related to my project for the purpose of receiving bids on my
project.
o I grant to My Building Partner an irrevocable, royalty
free, exclusive and perpetual worldwide license to reproduce, modify, share,
sublicense, distribute and post specifications for purposes deemed necessary
by MBP to facilitate the bidding process and in all media now known or later
developed. Without limiting the scope of this license, this license
specifically permits My Building Partner to grant sublicenses to companies for
the purpose of viewing, downloading, and printing specifications for the
purpose of submitting bids to the client.
· Whether the awarded subcontractor came through
My Building Partner or not, I agree to fully disclose to My Building Partner who the
winning subcontractor is and their winning bid amount for each trade that I
select.
· I will not hold My Building Partner responsible for the
scheduling, and/or the paying of subcontractors and/or suppliers.
· I will not hold My Building Partner responsible for the
quality, workmanship, suitability, reliability, availability, timeliness,
accuracy of the bids or the services, or the overall satisfaction of
companies that I hire to work on my project that are referred to me by MBP.
All services are provided as is and without warranties of any kind. Builders
Realm disclaims all warranties, including without limitation the implied
warranties of merchantability and fitness for a particular purpose.
· My Building Partner is only a forum. My Building Partner is
not responsible for any specifications, bids or any other information
whether provided by clients, subscribers or any other person. The web site
is solely a forum for clients (subscribers and other users) to enter into
contracts with each other. My Building Partner is not a party to any contract or
other transaction between client, and any referred company or other person.
My Building Partner has no control over the quality, safety or legality of the
services offered by subcontractors, suppliers, subscribers and other users
upon the web site and has no control over the truth and accuracy of the
specifications and bids submitted via the web site or by any other manner.
The parties are separate and independent legal entities. Both client and
My Building Partner are performing their respective services as independent
contractors. Neither client nor My Building Partner is an agent, representative,
partner, joint venture or employee of the other party for any purpose.
Neither party has the authority to bind the other or to incur any liability
on behalf of the other, nor to direct the employees of the other
· I represent and warrant that I have full power and
authority to enter into this Agreement and that its execution, delivery and
performance under this Agreement will not conflict with any other contract
to which I am bound, or any law or regulation of any governmental entity.
This
Agreement is the final, complete and exclusive agreement of the parties with
respect to the matters covered and supersedes and merges all prior
discussions or agreements between the parties, whether written or oral. No
modification of or amendment to this Agreement, nor any waiver of any rights
under this Agreement, will be effective unless in writing and signed by the
party to be charged.
This
Agreement may be executed in counterparts, each of which will be deemed an
original, but all of which together will constitute one and the same
instrument.
IN WITNESS
WHEREOF, the undersigned have executed this Agreement as of the date first
written above.
THE
FOREGOING IS AN AGREEMENT WITH MY BUILDING PARTNER AND CLIENT. WHEN YOU SIGN
BELOW, YOU ARE (a) REPRESENTING AND WARRANTING THAT YOU HAVE THE AUTHORITY
TO BIND THE COMPANY YOU REPRESENT AND (b) CONSENTING TO BE BOUND BY, AND ARE
BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT ACCEPT, YOU MAY NOT USE
THIS SERVICE.
Signed_________________________________________ Date___________________
(Client)
Signed__________________________________________ Date__________________
(My Building Partner Representative) |
