TERMS & CONDITIONS

Contact Information

Email: info@1smart.build · Phone: 1-866-419-8840 · Website: https://1smart.build/terms

General Terms

• 1 Smart Build, Inc. can edit these terms and conditions at any time.

Work Hours and Schedule

• Work is done Monday through Friday, 8am to 5pm Pacific, unless agreed otherwise in writing.
• City inspection days are not work days and will be deducted from the schedule.
• Inclement weather days are not work days and will be deducted from the schedule.

Permits and Inspections

• 1 Smart Build, Inc. will pull permits, and you will reimburse permit fees.
• The city may require additional inspections or corrections at an additional cost.
• If the city requires upgrades to electrical panels, smoke detectors, gas shut-off valves or similar items, you will be charged accordingly.

Customer Responsibilities

• You must provide all floor tiles, appliances, plumbing fixtures and recessed lights.
• Ensure all other materials are in-house before the project starts.
• Pay for any missing materials that delay the project.
• Purchase plumbing fixtures that comply with California codes.
• Coordinate with vendors for any work not included in the contract. 1 Smart Build, Inc. is not responsible for their work.
• Only communicate with the assigned project coordinator.
• Provide a key for a lockbox so the crew can access the site during work hours.
• Workers will not perform side jobs. Additional work requests need to go through the office.

Scope of Work and Additional Costs

Contractor furnishes the labor, materials, tools, equipment and services necessary to complete the project as set forth in the attached plans and specifications, in accordance with applicable building codes and industry standards. The following items fall outside that scope:

• Work excludes outside stucco work unless specified in the contract.
• Interior painting does not include doors, casings, windows, shutters or cabinets.
• Pre-assembled vanities will be installed. Unassembled vanities incur an extra cost.
• Bathroom fan installation does not include running ducts to the exterior.
• Heavy tubs over 300 lbs require additional reinforcement work at an extra cost.
• Uneven ceilings may cause minor gaps in upper cabinet crown molding. Leveling requires an extra cost.
• Any special tile design or cut, besides straight lines or brick patterns, incurs an extra cost.
• Electrical dedicated lines and upgrades to the main panel incur an extra cost.
• Special outlets or switches not included in the project must be provided by you.
• Unforeseen structural issues, ductwork problems, plumbing issues or electrical issues will be quoted separately.
• Work exceeding the scope of the project documents will be quoted separately.

Payments

• Payments are due on the first day, then by stage payment as each stage is completed.
• Late payments will incur a $250 per day fee.
• All payments are due regardless of city inspection approval or denial.
• Payment methods include check, same-day wire transfer, credit card (Visa, Mastercard or American Express up to $5,000 per transaction with a 5% processing fee), cash or Zelle.
• Online payments accept debit cards, credit cards (up to $5,000 per transaction), electronic bank transfers, personal checks, Zelle and wire transfers.
• 1 Smart Build, Inc. reserves the right to decline payment if an account is in default.

Online Payment Processing

• By paying online you confirm you are at least 18 years of age, have authority to accept these terms, are authorized to use the card presented, are responsible for the charges incurred and that the information you provide is true and accurate.
• Company uses Secure Socket Layer (SSL) technology, and card information is protected by high-level encryption during transmission.
• Company does not store client credit card details.
• You will receive a confirmation email on a successful payment, and an email notice if a payment fails. Company is not told why a payment failed, so contact your bank or card provider for details.
• If an online payment fails, use one of the alternative payment methods listed on your invoice.

Material Allowances

Allowances establish the maximum cost contribution provided by 1 Smart Build, Inc. for specific materials and services. They are for budgeting purposes only and do not guarantee the final cost. If you select materials or services above an allowance, you pay the difference. Example: the tile allowance is $3.00 per SQFT; if you select tile at $15.00 per SQFT, you are responsible for the additional $12.00 per SQFT.

• Materials and services not included in the contract are your responsibility, including delivery fees, installation charges above the allowance and delays caused by late or unavailable client-provided materials.
• Material and service costs are subject to change. Contractor will inform you of significant price fluctuations that may affect the final project cost.
• Certain services such as architectural plans, engineering plans and site surveys carry minimum charges.
• A restocking fee of up to 25% of the order amount may apply to cancelled or returned materials.

Allowance Schedule

• Tile materials up to $3.00 per SQFT (provided by customer)
• Grout for all usage up to $1.00 per LB, $10.00 per container unit (provided by customer)
• Carpet materials up to $3.00 per SQFT
• Vinyl flooring materials up to $1.75 per SQFT
• Engineered wood up to $5.00 per SQFT
• Wood flooring up to $5.50 per SQFT
• Baseboards up to $1.50 per LF
• Crown molding up to $1.50 per LF
• Kitchen cabinets up to $150.00 per LF
• Kitchen doorknobs and handles up to $2.50 per unit (provided by customer)
• Kitchen appliance installation up to $150.00 per unit installed (appliances provided by customer)
• Kitchen sink up to $450.00 per unit (provided by customer)
• Kitchen faucet up to $450.00 per unit (provided by customer)
• Countertop material up to $10.00 per SQFT
• Countertop fabrication and installation up to $35.00 per SQFT
• Countertop plywood and support up to $5.00 per SQFT
• Backsplash up to $3.00 per SQFT
• Sink garbage disposal up to $150.00 per unit (provided by customer)
• Electrical outlet up to $75.00 per unit
• Electrical switch up to $15.00 per unit
• Dedicated line starting from $850.00 per line
• Electrical sub panel up to $1,500.00
• Electrical main panel upgrade with no relocation up to $1,800.00. Any panel relocation is charged extra.
• Recessed light up to $110.00 per unit
• Under-cabinet LED fixture lights up to $125.00 per unit
• Indoor or outdoor light up to $150.00 per unit
• Dimmer switch up to $55.00 per unit
• Switch leg up to $65.00 per unit
• Separate circuit line up to $135.00
• Arc fault breaker up to $80.00 per unit
• Breaker up to $35.00 per unit
• Paint color or stain up to $30.00 per gallon
• Doorstopper $3.00 per unit door (provided by customer)
• Interior pre-hung door up to $150.00 per unit (provided by customer)
• Exterior pre-hung door up to $350.00 per unit (provided by customer)
• Door casing up to $1.50 per LF (provided by customer)
• Doorknobs and handles up to $25.00 per unit (provided by customer)
• Door lock up to $20.00 per unit (provided by customer)
• Bathroom vanity up to $650.00 per unit (provided by customer)
• Bathroom shower valve up to $150.00 per unit (provided by customer)
• Bathroom shower or tub door up to $850.00 per unit (provided by customer)
• Bathroom tub filler up to $150.00 per unit (provided by customer)
• Bathroom tub up to $650.00 per unit (provided by customer)
• Bathroom toilet up to $150.00 per unit (provided by customer)
• Bathroom bidet toilet up to $300.00 per unit (provided by customer)
• Bathroom fan with sensor switch $450.00 per unit
• Bathroom window up to $350.00 per unit
• Bathroom sink up to $150.00 per unit (provided by customer)
• Bathroom sink faucet up to $100.00 per unit (provided by customer)
• Any window of any size up to $450.00 per unit
• Wall and attic insulation up to $1.50 per LF
• Drywall up to $1.50 per SQFT
• Underlayment materials up to $1.00 per SQFT
• Roofing shingle material up to $3.00 per LF
• Plywood up to $5.00 per SQFT
• Select framing stud up to $1.00 per SQFT. Any other wood, metal or steel framing is priced at the time of order from the supplier.
• Rain gutter and downspout up to $1.50 per LF
• Cement 2500 PSI 4 inch with no demo up to $10.00 per SQFT
• Chain link or wood fence up to $25.00 per LF
• Patio cover up to $45.00 per SQFT
• Architectural plans starting from $1,500.00 per set
• Engineer plans starting from $3,500.00 per set
• City running fee for every city service $150.00 to $350.00 per visit
• On-site structural observation starting from $650.00 per visit or report
• Geological observation starting from $1,500.00 per location
• Site survey starting from $1,500.00 per location
• Plumbing hot and cold line starting from $450.00 per existing line
• Plumbing sewer line starting from $450.00 per existing line
• Plumbing re-pipe starting from $450.00 per location or per line
• Plumbing relocation priced per location and per unit
• Tank water heater up to $10.00 per gallon (gas or electric)
• Tankless water heater up to $850.00 per unit
• HVAC duct up to $5.00 per LF
• HVAC register up to $25.00 per unit
• Air conditioner or heater up to $800.00 per ton or per unit
• Additional cleaning service starting from $250.00 per location (provided by customer)
• Demolition starting from $15.00 per SQFT, or per unit and per work at on-site price
• Construction debris and all types of trash starting from $450.00 per load plus city fee and dumping fee
• HERS Test (Title 24 testing) starting from $250.00 per unit plus city fee (provided by customer)
• Mold test $250.00 per area as needed, paid by client. The test does not include treatment or remediation; lab results are provided.
• Mold remediation $1,500.00, $3,500.00 or $5,500.00 per area and per location. Mold clearance is provided only after 1 Smart Build, Inc. performs all needed remediation.
• Restocking fee up to 25% of the order amount

Price, Down Payment and Payment Schedule Under California Law

• All contracts include the agreed-upon total price for the project.
• Any project exceeding $500 in combined material and labor requires a written home improvement contract.
• By law the project must be completed for the agreed-upon price. Changes require a written change order signed by both parties, which becomes part of the contract.
• If a down payment is required, it cannot exceed the lower of $1,000 or 10% of the contract price, excluding finance charges. Limited exceptions apply to licensees with specific bonds; see the CSLB website.
• The contract includes a detailed payment schedule listing payment amounts and the work, materials or services completed for each payment. Payments cannot exceed the value of completed work.
• For swimming pools, the final payment may be made upon completion of the final plastering phase, provided all other contracted installations such as equipment, decking and fencing are finished.
• Finance charges, if applicable, are calculated and presented separately from the contract price.
• If a salesperson commission is included in the contract price, it is paid proportionally based on the contractor payment schedule.
• Only valid, CSLB-registered home improvement salespersons may legally sign a home improvement contract on behalf of the contractor.

Building Permits and Insurance

• Most jurisdictions require building permits for new construction or additions, major renovations, heating and air conditioning repairs, and water heater or swimming pool installations.
• Permits are obtained from the local building department, and inspections during and after construction confirm compliance with building codes.
• Failure to obtain permits can result in fines, penalties or demolition of unauthorized construction.
• Contractors with employees are required to carry workers compensation insurance. You can verify it at cslb.ca.gov.
• General liability insurance is recommended to cover accidental property damage during the project. Consider asking your homeowner insurance provider about temporary coverage extensions.

Warranties

1 Smart Build, Inc. provides the warranties required by California law. To make a claim, notify us in writing within the applicable timeframe.

• One-year warranty (California Civil Code Section 900): covers new construction and remodeling and guarantees the work is free from defects in materials and workmanship for one year from completion. This is the fit and finish implied warranty. Written notice is required within one year of completion (Business and Professions Code Section 7091-c).
• Four-year warranty (Business and Professions Code Section 7091-a): applies to installations performed under our license and covers known and unknown defects related to local building codes and manufacturer installation requirements for four years from completion.
• Ten-year warranty for structural defects: applies to engineered components such as foundation, site retaining walls and roof framing, covering engineering defects, miscalculations or omissions for ten years from completion. Examples of covered latent defects include foundation settling, excessive sagging of beams and unusual site movement.

Disclaimer of Warranties

1 Smart Build, Inc. expressly disclaims warranties for the following:

• Any cement or stucco work, including cracks, breaks and discoloration.
• Any product or service not provided by 1 Smart Build, Inc.
• Any job not completed by 1 Smart Build, Inc.
• Any product not made by 1 Smart Build, Inc.

City Fees

The client is responsible for all city fees associated with the project, including permit fees and city service fees for obtaining permits, submitting plans, scheduling appointments or any other required city service.

• A city service fee is added to every project. The fee ranges from $200.00 to $1,000.00 and may be higher depending on the project.
• The stated range is an estimate. Contractor provides the exact city service fee amount before the project begins.

Right to Cancel

In California you generally have a three business day right to cancel a home improvement contract that was negotiated at your home rather than at the contractor's place of business. This applies to contracts for repair, renovation or remodeling of your residence.

• If you are 65 years or older, the cancellation period is extended to five business days.
• To cancel, provide written notice to the contractor within the three or five day window, clearly stating your intent to cancel. Certified mail with return receipt is recommended so you have documented proof.
• The contractor must return any payment received within 10 days of cancellation, and you must return any materials already supplied.
• The right to cancel does not apply if the contract value is under $25, to contracts negotiated at the contractor's place of business, or to emergency repairs you requested. Signing a service and repair contract and starting the work voids the cancellation right.

Mechanics Liens

A Notice to Owner warning about property liens is provided to every client. Anyone who is unpaid for improving the property can place a mechanics lien on it, even if you have paid the contractor in full. An unpaid subcontractor, supplier or laborer may file a lien and sue to foreclose, which could force a double payment or a property sale, and liens can affect your credit rating and borrowing ability. To protect yourself:

• Request a list of all subcontractors and material suppliers involved, with their work start and finish dates.
• Make sure subcontractors provide a Preliminary Notice of their right to file a lien within 20 days of material delivery or work commencement.
• Obtain lien releases from subcontractors when their work is complete.
• Consider using joint checks payable to both the contractor and the subcontractor or material supplier.

Dispute Resolution and CSLB

California law governs this contract. If you have concerns about the quality of the work, first give Contractor written notice describing the issue and requesting inspection, evaluation and a proposed repair or settlement offer.

• If Contractor fails to respond or does not offer a reasonable settlement or repair within a reasonable timeframe, you may pursue small claims court within its jurisdictional limit, or a civil lawsuit through a construction defect attorney.
• Any dispute may also be resolved by binding arbitration under the Construction Industry Arbitration Rules of the American Arbitration Association.
• Complaints about patent (readily observable) acts or omissions must be filed in writing with the Contractors State License Board within four years of the act or omission. Complaints about latent (hidden) structural acts or omissions must be filed within ten years.
• The CSLB can investigate complaints against licensed contractors. Website: cslb.ca.gov. Phone: 1-800-321-CSLB (2752). Mail: P.O. Box 26000, Sacramento, CA 95826.
• The CSLB may not be able to assist with complaints against unlicensed contractors. In that case your remedy may be limited to civil court, and you may be liable for damages from injuries to an unlicensed contractor or their employees.
• Contractor maintains a license bond that guarantees job completion and payment for labor and materials. You may be eligible to file a claim against the bond to recover a judgment for substandard work that does not comply with local building codes. Direct bond claim questions to the CSLB.
• California law regarding your rights is available at leginfo.legislature.ca.gov.

General Provisions

• Force majeure: neither party is liable for delay or failure to perform due to causes beyond its reasonable control, including acts of God, fire, explosion, vandalism, storm, pandemic, orders or acts of military or civil authority, national emergencies, insurrections, riots, wars, strikes, lockouts, work stoppages, other labor disputes or supplier failures.
• Entire agreement: the signed agreement is the entire agreement between the parties on its subject matter and supersedes all prior or contemporaneous communications, representations or agreements, whether oral or written.
• Notices: all notices must be in writing and are deemed given when delivered personally, sent by certified or registered mail with postage prepaid and return receipt requested, or sent by overnight courier to the address listed for each party in the agreement.
• Waiver: no waiver by either party of any breach or default is a waiver of any later breach or default.
• Severability: if any provision is held invalid or unenforceable, that provision is struck and the remaining provisions stay in full force and effect.
• 1 Smart Build, Inc. reserves the right to modify its service offerings, including additions, deletions or alterations, at its sole discretion, and to refuse or withdraw service at any time at its sole discretion.
• Escalation clause: where included in the contract, an escalation clause allows fee adjustments to account for fluctuations in raw material or labor costs, shifting that increased cost from Contractor to Client.
• Company reserves the right to modify these terms at any time. The terms applicable to a transaction are the version in effect at the time of that transaction.