Terms and conditions

1 SMART BUILD, INC. TERMS AND CONDITIONS

This Agreement (“Agreement”) is made and entered into as of [DATE] by and between 1 Smart Build, Inc., a California corporation (“Contractor”), and [CLIENT NAME], residing at [CLIENT ADDRESS] (“Client”).

1. Scope of Work

Contractor agrees to furnish all labor, materials, tools, equipment, and services necessary to complete the project as set forth in the attached plans and specifications (collectively, the “Project Documents”), in accordance with applicable building codes and industry standards.

2. Work Hours and Schedule

The standard work hours are Monday through Friday, from 8:00 am to 5:00 pm, Pacific Standard Time. The parties may agree to a different schedule in writing. Days designated for city inspections and inclement weather will be excluded from the work schedule.

3. Permits and Inspections

Contractor shall obtain all necessary permits and approvals for the Project. Client shall reimburse Contractor for all permit fees. Client is responsible for any additional inspections or corrections required by the city, and shall pay any associated costs.

4. Client Responsibilities

Client shall:

• Provide all floor tiles, appliances, plumbing fixtures, recessed lighting, and other finished materials prior to the start of the project.
• Ensure all materials comply with applicable California codes.
• Coordinate with vendors for any work not included in the Agreement (Contractor is not responsible for vendor work).
• Communicate solely with the assigned project coordinator.
• Provide a key for a lockbox to allow crew access during work hours.

5. Additional Costs

Client shall be responsible for any additional costs arising from:

• Special tile designs or cuts.
• Electrical dedicated lines or upgrades to the main panel.
• Special outlets or switches not included in the Project Documents.
• Unforeseen structural issues, ductwork problems, plumbing issues, or electrical issues.
• Upgrading smoke detectors, gas shut-off valves, or other items required by the city.
• Work exceeding the scope of the Project Documents.

6. Payments

Payment shall be made in accordance with the attached payment schedule. Late payments will incur a penalty of $250 per day.

7. Warranties

Contractor warrants that all work performed will be free from defects in materials and workmanship for a period of one (1) year from the date of completion. This warranty does not apply to:

• Cement or stucco work.
• Products or services not provided by Contractor.
• Work not completed by Contractor.
• Products not manufactured by Contractor.

8. Right to Cancel

Client has the right to cancel this Agreement within three (3) business days from the date of signature, if the Agreement was negotiated at Client’s residence. Cancellation must be made in writing.

9. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including acts of God, fire, explosion, vandalism, storm, pandemic, or other similar occurrences, orders or acts of military or civil authority, national emergencies, insurrections, riots, wars, strikes, lockouts, work stoppages, or other labor disputes, or supplier failures.

10. Dispute Resolution

Any dispute arising out of or relating to this Agreement shall be governed by the laws of the State of California and resolved by binding arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association.

11. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

12. Notices

All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified or registered mail, postage prepaid, return receipt requested, or sent by overnight courier, addressed as follows:

If to Contractor:

1 Smart Build, Inc. [ADDRESS]

If to Client:

[CLIENT ADDRESS]

13. Waiver

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any subsequent breach or default.

14. Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

1 Smart Build, Inc. – Payment Terms and Conditions

1. Payment Methods

1.1. Client shall make all payments to 1 Smart Build, Inc. (“Company”) by one of the following methods:

* Check

* Same-Day Wire Transfer

* Credit Card (subject to Section 1.2)

* Cash

* Zelle

1.2. Credit Card Payments

1.2.1. Company accepts credit card payments for a maximum amount of Five Thousand Dollars ($5,000.00) per transaction. 1.2.2. Accepted credit cards are limited to Visa, Mastercard, and American Express. 1.2.3. A five percent (5%) processing fee will be applied to all credit card transactions.

2. Late Payment Charges

2.1. Any delay in payment for a stage payment beyond the agreed-upon due date, without a valid justification, will incur a late fee of Two Hundred Fifty Dollars ($250.00) per day.

3. Payment Due Upon Completion of Work Stage

3.1. All stage payments are due upon completion of the respective work stage, as defined in the Agreement between Company and Client.

3.2. City Inspection Approval Not Required for Payment

3.2.1. Client’s obligation to make payment is not contingent upon the approval or denial of a final inspection by a city inspector.

4. Acceptance of Terms

4.1. These Payment Terms and Conditions (“Terms”) constitute a binding agreement between Client and Company.

5. Online Payment Processing

5.1. These Terms govern all payments made through Company’s online payment portal.

6. Accepted Payment Methods (Online)

6.1. Company accepts the following online payment methods:

* Debit Cards (subject to Section 6.2)

* Credit Cards (subject to Section 6.2)

* Electronic Bank Transfers

* Personal Checks

* Zelle

* Wire Transfers

6.2. Debit and Credit Card Limitations

6.2.1. The maximum online payment amount for debit and credit cards is Five Thousand Dollars ($5,000.00) per transaction.

7. Personal Information and Data Security

7.1. Client represents and warrants that:

* They are at least eighteen (18) years of age.

* They possess the necessary authority to accept these Terms.

* Any credit card used for online payments is issued in their name or they are authorized to use it.

* They will be responsible for all charges incurred through online payments.

* All information provided is true and accurate.

7.2. Company utilizes Secure Socket Layer (SSL) technology to ensure the security of all online transactions.

7.3. Credit card information is protected by high-level encryption during transmission.

7.4. Company does not store client credit card details.

8. Payment Confirmation

8.1. Upon successful payment processing, Client will receive a confirmation email. 8.2. In case of a failed payment, Client will be notified via email. Company will not be privy to the reason for the failure. Client should contact their bank or credit card provider for further details.

9. Alternative Payment Methods

9.1. In case of a failed online payment, Client must utilize one of the alternative payment methods outlined on their invoice.

10. Contact Information

10.1. For any questions or concerns regarding these Terms, Client can contact Company at:

* Email: info@1smart.build

* Phone: 1-866-419-8840

11. Modification of Terms

11.1. Company reserves the right to modify these Terms at any time. The specific Terms applicable to a transaction will be the version in effect at the time of the transaction.

1 Smart Build, Inc. – Allowances and Cost Information

1. Scope of Allowances

These allowances (“Allowances”) establish the maximum cost contribution provided by 1 Smart Build, Inc. (“Contractor”) for specific materials and services included in the construction project. Allowances are for informational purposes only and do not guarantee the final cost of materials or services.

2. Exceeding Allowances

If a Client desires materials or services exceeding the Allowances listed in this document, the Client shall be responsible for the additional cost. The additional cost will be the difference between the selected material/service cost and the corresponding Allowance amount.

Example:

• Tile Allowance: $3.00 per Square Foot (SQFT)
• Client selects tile priced at $15.00 per SQFT.
• Client will be responsible for an additional $12.00 per SQFT ($15.00 – $3.00 = $12.00).

3. Client-Provided Materials and Services

Materials and services not included in the construction contract are the sole responsibility of the Client. The Client shall pay the Contractor for any additional expenses incurred due to Client-provided materials or services, including but not limited to:

• Delivery fees
• Installation charges exceeding the Allowance (if applicable)
• Delays caused by late delivery or unavailability of Client-provided materials

4. Allowance Details

The following table details Allowances for various materials and services. The Client is responsible for reviewing the Allowances carefully.

Allowances

• 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 & Handles Up to $2.50 Per Unit (provided by customer)
• Kitchen Appliances installation Up to $150.00 Per Unit Installed (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)
• Countertops Material Up to $10.00 Per SQFT
• Countertops Fabrication/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
• 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 $1500.00
• Electrical Main Panel Upgrade with no relocation Up to $1800.00
• Any Electrical Panel relocation will be charged extra.
• Electric recessed light Up to $110.00 Per Unit
• Under-cabinet LED fixture lights Up to $125 Per Unit
• Electrical indoor/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 $35.00Per Unit

• Paint Color / 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 & 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/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 the 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 will be 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 Shingles 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 will be priced at the time of order from the supplier.
• Rain Gutter, downspout Up to $1.50 Per LF
• Demolition Per Unit, Per Work, Onsite Price Cement 2500 PSI 4″ with no demo Up to $10.00 Per SQFT
• Fence chain link fence / Wood Up to $25.00 Per LF
• Patio Cover, up to $45.00 Per SQFT
• Minimum Architectural plans Start from $1500.00 Per Set
• Minimum Engineer Plans Starting from $3500.00 Per Set
• The city running fee for every city service is $150.00-$350.00 Per Visit
• On-site structural observation Starting from $650.00 Per visit/report.
• Geological observation Starts from $1500.00 Per location.
• Site Survey starting from $1500.00 Per location.
• Plumbing Line Hot Cold Starting from $450.00 Per Existing Line
• Plumbing Sewer line Starts from $450.00 per Existing Line
• Plumbing Re-pipe Starting from $450.00 Per Location / Per Line
• Plumbing Relocation Per Location, Per Units
• Tank water heater Up to $10.00 Per Gallon (Gas / 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 / Heater Up to $800.00 Per Ton / Per Unit
• Additional Cleaning Service Starting from $250.00 Per location (provided by customer)
• Demolition Starts from $15.00 Per SQFT
• Construction Debry and all types of trash Starting from $450.00 Per Load + City Fee + Dumping Fee
• “HERS Test” (Title 24 Testing) Starting from $250.00 and up Pre unit + City Fee (provided by customer)
• MOLD Test will be done by the company as needed at $250.00 per area as needed (client will pay)
• MOLD test does not include any treatment or remediation process. The company will provide lab results.
• MOLD remediation $1,500.00 – $3,500.00 – $5,500.00 Per area, per location
• MOLD clearance will be provided only after “1 Smart Build, Inc.” performs all remediation processes as needed.
• The restocking fee will be up to 25% of the order amount.

5. Additional Costs

The Allowances listed above are not exhaustive. The Client is responsible for any additional costs not covered by the Allowances, including but not limited to:

• City fees associated with permits and inspections
• Unforeseen structural issues
• Additional electrical work (e.g., dedicated lines, panel upgrades)
• Demolition costs exceeding Allowances (if applicable)
• Construction debris removal

6. Price Fluctuations

Material and service costs are subject to change. The Contractor will inform the Client of any significant price fluctuations that may impact the final project cost.

7. Minimum Charges

Certain services, such as architectural plans, engineering plans, and site surveys, may have minimum charges as listed.

8. Restocking Fee

A restocking fee of up to 25% of the order amount may be applied for cancelled or returned materials.

9. Disclaimer

These Allowances are for budgeting purposes only and do not constitute a final cost estimate. The final project cost will be determined by the specific materials and services selected by the Client and any unforeseen circumstances encountered during construction.

1. Price

• All contracts will include the agreed-upon total price for the project.
• Any project exceeding $500 (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, becoming part of the contract.

2. Down Payment

• If a down payment is required, it cannot exceed the lower of $1,000 or 10% of the contract price (excluding finance charges).
• Exceptions exist for a limited number of licensees with specific bonds. Refer to the CSLB website for details.

3. Schedule of Payments

• The contract will include a detailed payment schedule outlining:
  • Payment amounts
  • Corresponding work, materials, or services completed for each payment
• Payments cannot exceed the value of completed work.
• For swimming pools, the final payment can be made upon completion of the final plastering phase, provided all other contracted installations (equipment, decking, fencing) are finished.

4. Finance Charges

• If applicable, finance charges will be calculated and presented separately from the contract price.

5. Sales Commission

• If a salesperson’s commission is included in the contract price, it will be paid proportionally based on the contractor’s payment schedule.

6. Salespersons

• Only valid, CSLB-registered home improvement salespeople (HIS) can legally sign a home improvement contract on behalf of the contractor.

7. Building Permits

• Most jurisdictions require building permits for various projects, including:
  • New construction or additions
  • Major renovations
  • Heating/air conditioning repairs
  • Water heater/swimming pool installations
• Permits are obtained from the local building department.
• Inspections during and after construction ensure compliance with building codes.
• Failure to obtain permits can result in fines, penalties, or even demolition of unauthorized construction.

8. Insurance

• Contractors with employees are required to have workers’ compensation insurance. Verify its validity on the CSLB website (https://cslb.ca.gov/) or Here
• General liability insurance is recommended to cover accidental property damage during the project.
• Consider contacting your homeowner’s insurance provider regarding temporary coverage extensions.

9. Cancellation

• The Right to Cancel Home Solicitation Sales Act allows a buyer three business days (five for those 65+) to cancel a home improvement contract.
• Cancellation requires written notice to the contractor with no penalty for the buyer.
• The contractor must return any received payment within 10 days of cancellation.
• The consumer must return any applied materials to the contractor.
• This right to cancel does not apply to contracts negotiated at the contractor’s place of business.

10. Service and Repair Contracts

• Emergency repairs or services requested on short notice are exempt from the three- or five-day cancellation right.
• Signing the contract and initiating work automatically voids the cancellation right for service and repair contracts.

11. Mechanics Liens

• A “Notice to Owner” warning about property liens will be provided to the client.
• Anyone unpaid for improving the property can place a mechanics lien on it.
• Even with full contractor payment, unpaid subcontractors, suppliers, or laborers may file a lien and sue the homeowner to foreclose.
• This could force double payment or property sale to pay the lien.
• Liens can negatively impact the homeowner’s credit rating and borrowing ability.
• To protect yourself:
  • Request a list of all subcontractors and material suppliers involved, along with their work start and finish dates.
  • Ensure 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 upon completion of their work.
  • Consider using joint checks payable to both the contractor and subcontractor/material supplier.

1 Smart Build, Inc. – Warranty and City Fees

1. Warranties

1.1 California Law Warranties

1 Smart Build, Inc. (“Contractor”) is obligated to provide the following warranties as mandated by California law:

• One-Year Warranty (California Civil Code Section 900): This warranty covers all new construction and remodeling projects and guarantees that the work will be free from defects in materials and workmanship for a period of one year from the completion date. This warranty is also known as the “Fit and Finish” warranty and is considered an implied warranty.

Notice Requirement: To make a claim under this warranty, the Client must notify the Contractor in writing within one year from the completion date (California Business and Professions Code Section 7091-c).

• Four-Year Warranty (California Business and Professions Code Section 7091-a): This warranty applies to all installations performed by the Contractor under their license. The Contractor warrants that the installations will be free from defects for a period of four years from the completion date. This warranty covers both known and unknown defects related to local building codes and manufacturer installation requirements.

Client Rights: In the event of a covered defect, the Client may file a claim against the Contractor for repairs and damages caused by the defective installation. Additionally, the Client may pursue legal action or file a complaint with the California State License Board if the Contractor fails to meet minimum installation requirements.

• Ten-Year Warranty (Structural Defects): This warranty applies to specific engineered components of the project, such as foundation, site retaining walls, and roof framing. The Contractor and/or the engineer of record warrant that these components will be free from engineering defects, miscalculations, or omissions for a period of ten years from the completion date. This warranty covers latent defects, which are hidden defects that are not readily discoverable without specialized knowledge or a triggering event (e.g., an earthquake).

Latent Defects: Examples of latent defects covered under this warranty include foundation settling, excessive sagging of beams, and unusual site movement.

2. City Fees

The Client is responsible for all city fees associated with the construction project. This includes permit fees, city service fees for obtaining permits, submitting plans, scheduling appointments, or any other city service required for the project.

City Service Fee: A city service fee will be added to every project to cover the aforementioned services. The fee ranges from $200.00 to $1000.00 and may be higher depending on the project’s specific needs.

3. Disclaimer

The city service fee range provided is an estimate and the actual fee may vary. The Contractor will provide the Client with the exact city service fee amount before project commencement.

1. Statute of Limitations for Complaints

This section incorporates provisions from California Business and Professions Code Section 7091 regarding the timeframe for filing complaints against licensed contractors.

• Patent Defects: Complaints alleging patent acts or omissions ( readily observable flaws) must be filed in writing with the Contractors State License Board (CSLB) within four years of the alleged act or omission.
• Latent Defects: Complaints alleging latent acts or omissions (hidden flaws) related to structural defects, as defined by regulation, must be filed with the CSLB within ten years of the alleged act or omission.

2. Dispute Resolution Process

Clients with concerns about the quality of work performed by 1 Smart Build, Inc. (“Contractor”) are encouraged to follow this process:

• Written Notification: Provide the Contractor with written notice of the concern, detailing the issue and requesting inspection, evaluation, and a proposed repair or settlement offer.

3. Legal Action

If the Contractor fails to respond to the written notification or does not offer a reasonable settlement or repair within a reasonable timeframe, the Client may pursue legal action through the following options:

• Small Claims Court: For claims under the jurisdictional limit (currently between $5,000 and $7,500).
• Civil Lawsuit: Through a construction defect attorney to pursue civil damages.

4. Contractors State License Board (CSLB)

Clients may file a complaint with the CSLB against a licensed contractor within the legal deadlines. The CSLB has the authority to investigate complaints and take appropriate action.

5. Unlicensed Contractors

The CSLB may not be able to assist clients with complaints against unlicensed contractors. In such cases, the Client’s sole remedy may be civil court action. Additionally, the Client may be liable for damages arising from injuries to the unlicensed contractor or their employees.

6. CSLB Contact Information

• Website: https://cslb.ca.gov/
• Phone: 1-800-321-CSLB (2752)
• Mail: P.O. Box 26000, Sacramento, CA 95826

7. California Law Resources

Clients can access California law regarding their rights at https://leginfo.legislature.ca.gov/.

8. Contractor License Bond

The Contractor maintains a bond to guarantee job completion and payment for labor and materials. Clients 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. Further inquiries regarding bond claims should be directed to the CSLB.

9. Disclaimer of Warranties

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

• Any cement or stucco work (cracks, breaks, discoloration, etc.)
• 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.

10. Payment Terms

1 Smart Build, Inc. reserves the right to decline payment if an account is in default.

11. Right to Modify Service Offerings

1 Smart Build, Inc. reserves the right to modify its service offerings, including additions, deletions, or alterations, at its sole discretion.

12. Right to Refuse Service

1 Smart Build, Inc. reserves the right to refuse or withdraw service at any time at its sole discretion.

13. Escalation Clause (Optional)

(Include this section only if applicable)

This contract may include an escalation clause that allows adjustments in fees to account for fluctuations in the costs of raw materials or labor. This clause would shift the burden for increased material and labor costs from the Contractor to the Client.

14. Agreement to Terms and Conditions

By signing this agreement, the Client acknowledges and agrees to all of 1 Smart Build, Inc.’s Terms and Conditions.