16. Master Service AgreementTerms and Conditions www.smginsurance.com Master Service Agreement Insurance Requirements $ 500,000 This Master Service Agreement is entered into this ______ day of ____________, _____ by and between Contractor and ______________________ Service Provider on the following terms and conditions. 1. Contractor wishes to utilize the services of Service Provider to provide services to Contractor. Based upon the nature of the services provided by Service Provider, it is anticipated that it will be impractical to enter into a separate agreement for services each time Contractor desires to use Service Provider. 2. Contractor requires that Service Provider meet certain terms and conditions before Contractor uses Service Provider’s services. These terms and conditions are set forth in this agreement. 3. In order to expedite the use of Service Provider’s services each time they are needed, the parties agree to enter into and comply with this Master Service Agreement prior to any actual services being performed. It is the intent of the parties that these terms and conditions apply to any provision of services by Service Provider regardless of whether these terms and conditions are referenced in any purchase order, subsequent contract memo, etc. during the term of this contract.
17. www.smginsurance.com Master Service AgreementIndemnity Provision 8. INDEMNIFICATIONS AND INSURANCE 8.1. The Work performed by the Service Provider shall be at the risk of the Service Provider exclusively. To the fullest extent permitted by law, Service Provider shall indemnify, defend (at Service Provider’s sole expense) and hold harmless Contractor, the Owner (if different from Contractor), affiliated companies of Contractor, their partners, joint ventures, representatives, members, designees, officers, directors, shareholders, employees, agents, successors, and assigns (“Indemnified Parties”), from and against any and all claims for bodily injury or death, damage to property, demands, damages, actions, causes of action, suits, losses, judgments, obligations and any liabilities, costs and expenses (including but not limited to investigative and repair costs, attorneys’ fees and costs, and consultants’ fees and costs) (“Claims”) which arise or are in any way connected with the Work performed, Materials furnished, or Services provided under this Agreement by Service Provider or its agents. These indemnity and defense obligations shall apply to any acts or omissions, negligent or willful misconduct of Service Provider, its employees or agents, whether active or passive. Said indemnity and defense obligations shall further apply, whether or not said claims arise out of the concurrent act, omission, or negligence of the Indemnified Parties, whether active or passive. Service Provider shall not be obligated to indemnify and defend Contractor or Owner for claims found to be due to the sole negligence or willful misconduct of Indemnified Parties. Service Provider’s indemnification and defense obligations hereunder shall extend to Claims occurring after this Agreement is terminated as well as while it is in force, and shall continue until it is finally adjudicated that any and all actions against the Indemnified Parties for such matters which are indemnified hereunder are fully and finally barred by applicable Laws. Service Provider agrees to waive any and all tort or other subrogation rights for property damage or bodily injury against the contractor arising directly or indirectly out of, relating to, or in connection with the performance of services. 8.2. Upon execution of this Master Service Agreement, and prior to Service Provider’s commencing (in the broadest possible sense of the word) any work or services, the Service Provider shall carry general liability insurance and the Service Provider shall provide Contractor with a Certificate of Insurance naming Contractor as an additional insured hereunder. The coverage available to Contractor as an additional insured, shall not be less than $500,000 combined single limit per occurrence and a $1,000,000 general aggregate providing coverage for completed operations, products liability, and contractual liability. The Service Provider’s insurance carriers must be “A-” rated or better. Service Provider shall also carry and provide proof of workers’ compensation.
18. www.smginsurance.com 9.WARRANTY AND REPRESENTATIONS The Service Provider represents and warrants that all materials, labor and/or systems furnished by the Service Provider in connection with the construction of all homes built by the Contractor shall be free of defect for a period of one year for workmanship and systems for two years. If a defect of material or workmanship occurs within the one-year period or systems for two year, the Contractor will notify the Service Provider of such defect and upon receipt of such notice, the Service Provider shall immediately at its expense act to satisfactorily repair and/or replace the defective material and/or workmanship and/or systems. The Service Provider will to the extent called upon by the Contractor participate in, at the Service Providers own expense the conciliation and arbitration mechanisms established under any home owners warranty program of the Contractor as such conciliations and arbitration related to materials and/or labor furnished by the Service Provider. SAFETY STANDARDS Service Provider agrees that the Service Provider and all employees of the Service Provider are required to fully comply with and implement all government laws (OSHA) pertaining to safety standards. Service Provider agrees that any fines, assessments or penalties imposed upon the Contractor by failure of the Service Provider or his employees to comply with the government standards will be fully charged back and paid for by the Service Provider. 11. CANCELLATION Contractor reserves the right to cancel this Master Service Agreement in whole or in part if Service Provider breaches this contract by failing to provide necessary services in a timely and workmanlike manner and does not correct such failure within ten days of receiving written notice from Contractor specifying such failure or if Service Provider in any other respect repudiates or otherwise breaches the terms hereof, including the warranties of Service Provider. Master Service AgreementWarranty and Representations
19. Right To Cure Language Georgia law contains important requirements you must follow before you may file a lawsuit or other action for defective construction against the contractor who constructed, improved or repaired your home. Ninety days before you file your lawsuit or other action, you must serve the contractor a written notice of any construction conditions you allege are defective. Under the law, a contractor has the opportunity to make an offer to repair or pay for the defects or both. You are not obligated to accept any offer made by a contractor. These are strict deadlines and procedures under state law, and failure to follow them may affect your ability to file a lawsuit or other action. www.smginsurance.com
28. Final Thoughts Statute Of Repose Similar to statute of limitation Trigger is the completion of an act "Substantially completed“ Georgia Statute of Repose: 8 years www.smginsurance.com
31. Your Panel Dawn Pogue, CIC, CRIS SMG Insurance Rocco Sinisgalli, Oneida Builders, Inc. Jesse Morado, CR, CAPS The Renovation Coach, Inc. Carol Kimball, Claims Manager SMG Insurance www.smginsurance.com
32. Thank you…………. Dawn Pogue, CIC, CRIS dpogue@smginsurance.com Direct line: 678-533-2206 Mobile: 404-391-8293 www.smginsurance.com
Notas do Editor
Business Coach for remodelers and other businessesNARI Atlanta:Board of Directors-Education Committee thanks for the business forumCertified RemodelerCertified Aging In Place ExpertNARI National- how may committees?After I met Jesse I was interested in his business so I Googled him was not stalking him and one of the first articles I found was in the NYT Famous in his own right**Carol
Carol to give examples of claims involving invoking the RT***We’ve talked about the idea of an insurance policy as a contract and about contractual procedures we need to put in place when working with subcontractors.I’d like to shift our focus to the contracts with your clients/ homeowners and the importance of having the Right To Cure language in your contract .**Right To Cure
Simply put, the difference is that a statute of limitations is triggered by an injury, while a statute of repose is triggered by the completion of an act. An example of the statute of repose trigger is when just those items on a "punch list" remain. a construction project is "substantially completed," Substantial completion is the trigger for the statute of reposeWhen you have substantially completed a project is the start of the timelineIn Georgia 8 years. Please keep this in mind with regard to record keeping** Questions
