TERMS & CONDITIONS
Pacific Electrical Services LLC
Pacific Contracting & Development LLC
This Master Agreement governs all proposals, bids, contracts, work
authorizations, and construction agreements issued by Contractor for
residential, commercial, industrial, service, and new construction projects.
1. Scope of Work.
(a) Contractor shall perform only the work specifically described in the Scope section of this Proposal
(the “Work”).
(b) No additional tasks, changes, or modifications shall be included unless approved in writing through
a duly executed change order.
2. Change Orders.
(a) Any work not included in the Scope shall require a written and approved change order.
(b) Pricing and scheduling may be adjusted accordingly based on the approved change.
3. Payment Terms.
(a) The party requesting and authorizing the Work (the “Owner”) shall pay Contractor the full Contract
Price within thirty (30) days of the invoice date unless otherwise agreed in writing.
(b) In the event of any conflict between these payment terms and those contained in any Owner,
Property Manager, or third-party agreement, purchase order, or work authorization, the payment terms
contained herein shall govern and control.
(c) Any amounts not paid when due shall accrue interest at the rate of one and one-half percent (1.5%)
per month.
(d) Owner shall be responsible for all collection costs incurred by Contractor, including reasonable
attorney’s fees, court costs, and collection agency fees.
(e) Contractor expressly reserves all mechanic’s lien rights available under Washington State law and
may suspend or terminate the Work for non-payment without penalty or liability.
(f) Title to all materials, equipment, and supplies furnished by Contractor shall remain with Contractor
until full payment has been received.
(g) For projects requiring multiple days or substantial labor or materials, Contractor may issue progress
invoices based upon the percentage of Work completed.
(h) Invoices for single-day service calls shall be due and payable upon receipt.
4. Access & Scheduling.
(a) Owner shall provide safe and reasonable access to the work area.
(b) Scheduling shall commence after acceptance of this Proposal.
(c) Delays caused by inaccessible areas, other trades, weather, or conditions outside Contractor’s
control may result in additional charges.
5. Existing Conditions. Contractor shall not be responsible for failures, defects, or issues with existing equipment, wiring, structural components,
6. Unforeseen Conditions. Any concealed, hidden, or unknown conditions discovered during the Work may require additional labor, materials,
7. Coordination. Owner shall be responsible for coordinating access, scheduling, or utility shutdowns unless otherwise stated in writing.
8. Cleanup. Basic jobsite cleanup is included. Removal of debris or materials outside the electrical scope is not included unless specifically
or infrastructure not installed by Contractor.
or time and shall be billed through a change order.
stated in the Scope.
9. Permits & Inspections.
(a) Contractor shall obtain required permits if necessary.
(b) Re-inspection fees or additional costs caused by conditions outside Contractor’s scope shall be
billed to the Owner.
10. Warranty. Contractor warrants workmanship for a period of one (1) year from completion. Manufacturer warranties apply to all materials
and fixtures.
11. Exclusions. Only items specifically listed in the Scope are included. No additional work is implied.
12. Safety. All Work shall comply with OSHA and applicable State safety regulations. Work areas may be restricted
during installation.
13. Material Ownership. All materials shall remain the property of Contractor until the final invoice has been paid in full.
14. Proposal Validity. This Proposal shall remain valid for thirty (30) days from the bid date.
15. Miscellaneous.
(a) The laws of the State of Washington shall govern as to the interpretation, validity and effect of this Agreement. In the event that any
provision of this Agreement shall be held to be void, voidable or unenforceable, the remaining portions hereof shall remain in full force and effect.
(b) This Agreement may not be changed, modified or in any other way altered, unless the same is in writing and executed by the party against
whom enforcement of such change, modification or alteration is sought.
(c) Contractor agrees that all understanding and agreements heretofore arrived at between the parties hereto are merged into this Agreement,
together with herein referenced Appendices and Exhibits, which alone fully and completely expresses the understanding of the parties with respect to the
subject matter contained herein. In the event of any inconsistency between this Agreement, the Appendices, and any Exhibits, this Agreement shall control
over the Appendices and Exhibits. In the event of inconsistency among Addenda or Exhibits, the more detailed Appendices or Exhibit shall control.
TERMS & CONDITIONS CUSTOM HOMES
1. Project Description
(a) Pacific Contracting & Development LLC (“Contractor”) shall furnish all labor, materials, equipment, supervision, and project management necessary to construct a custom single-family residence per approved architectural, structural, mechanical, electrical, civil, and engineering plans.
(b) All work shall comply with the Washington State Building Code, Washington State Energy Code, and all applicable local, state, and utility requirements.
2. Contract Price
(a) The total contract price shall be $__________, which includes all direct construction costs, builder’s overhead, and profit (16%), permits, and fees.
(b) The Contract Price may only be adjusted through written Change Orders executed by both Owner and Contractor.
3. Payment Terms (*Draw Schedule)
(a) Payment shall be made according to the agreed draw schedule and may be adjusted based on lender requirements or actual progress.
(b) Contractor is not obligated to proceed with work if payments are delayed or withheld.
Estimated Draw Schedule:
(c) Mobilization & Permits – approximately 5%
(d) Sitework & Foundations – approximately 20%
(e) Framing to Dry-In – approximately 25%
(f) Exterior Finishes – approximately 10%
(g) Rough-In MEP – approximately 10%
(h) Insulation & Drywall – approximately 10%
(i) Interior Finishes – approximately 15%
(j) Closeout – approximately 5%
4. Scope of Work
(a) The Scope includes all major construction phases including site preparation, excavation, foundation, framing, roofing, exterior envelope, mechanical, electrical, plumbing systems, insulation, drywall, interior finishes, flooring, millwork, cabinetry, fixtures, final grading, and project closeout.
(b) Only work expressly included in the Scope or approved by Change Order is included.
5. Allowances
(a) Allowances may include HVAC, electrical, and well contingencies as listed in the Agreement.
(b) Owner shall be responsible for all costs exceeding allowance amounts.
(c) Allowances do not include Contractor markup unless stated otherwise.
6. Change Orders / Overages
(a) All changes must be approved in writing prior to execution. Verbal or text-message changes are invalid.
(b) Adjustments may affect both cost and schedule.
(c) Owner agrees to pay all costs exceeding allowances, selections, budgets, or specified amounts listed in this Agreement or in the Allowance Schedule.
(d) Overages include but are not limited to material upgrades, design changes, increased quantities, owner-directed revisions after installation, labor increases, specialty items, and additional engineering or inspection fees.
(e) All overages must be approved in writing and paid prior to installation or added to the next available draw.
(f) Failure to pay overages may result in work suspension, schedule extensions, and additional charges.
(g) Contractor is not required to absorb any overages under any circumstance.
7. Project Timeline
(a) Estimated completion is 8–11 months following permit approval.
(b) Contractor is not responsible for delays due to weather, inspections, supply chain disruptions, labor shortages, utilities, Owner decisions, lender delays, or inspection backlogs.
8. Insurance & Permits
(a) Contractor shall maintain all required licensing, bonding, liability insurance, and workers’ compensation per Washington State law.
(b) Contractor shall obtain required building permits unless otherwise agreed in writing.
9. Site Access & Owner Responsibilities
(a) Owner shall provide site access, timely selections, financing, and decisions.
(b) Owner shall not hire or direct independent subcontractors.
(c) Failure to respond within five (5) business days may result in delays and additional costs.
10. Warranties
(a) Contractor provides a one (1) year limited workmanship warranty.
(b) Manufacturer warranties apply to installed products.
(c) Warranty excludes normal wear, misuse, and Owner-caused damage.
11. Dispute Resolution
(a) Disputes shall be resolved by direct discussion.
(b) If unresolved, disputes shall proceed to mediation in Cowlitz County, Washington.
(c) If mediation fails, disputes shall be resolved by binding arbitration.
12. Material Price Escalation
(a) Material price increases for lumber, electrical wire, metals, PVC, concrete, or similar commodities shall be added via Change Order.
13. Unforeseen / Hidden Conditions
(a) Contractor is not responsible for concealed or unforeseen site conditions including rock, groundwater, unstable soil, buried debris, hazardous materials, underground obstructions, or unmarked utilities.
(b) Additional costs resulting from such conditions shall be billed via Change Order.
14. Rock Clause
(a) If rock is encountered during excavation or trenching, Owner shall pay all additional labor, equipment, hammering, or blasting costs required.
15. Underground Utilities Disclaimer
(a) Contractor does not guarantee the location or condition of underground utilities.
(b) Repairs or relocations shall be billed as Change Order work.
16. Theft / Damage / Vandalism
(a) Contractor is not responsible for theft, damage, or vandalism occurring on the job site.
17. Builder’s Risk Insurance
(a) Owner shall maintain a builder’s risk insurance policy covering theft, vandalism, fire, weather, materials, and stored equipment for the duration of the project.
18. Lien Rights Notice
(a) Subcontractors and suppliers may file liens if unpaid.
(b) Contractor reserves all lien rights available under Washington State law.
19. Utility Company Delays
(a) Contractor is not responsible for delays caused by utility companies, including transformers, meters, gas service, or temporary power scheduling.
20. Contractor Reimbursement
(a) Owner shall reimburse Contractor for all project-related expenses paid on Owner’s behalf.
(b) Reimbursement is due within five (5) business days of invoice.
(c) Late payments may accrue interest at 1.5% per month and result in work suspension and schedule extensions.
21. Earnest Money / Construction Deposit
(a) Owner shall pay an earnest deposit of $5,000.00 prior to commencement.
(b) The deposit reserves Contractor’s schedule and covers pre-construction services.
(c) Earnest money becomes non-refundable once pre-construction activities begin.
(d) If financing is denied prior to pre-construction, Contractor may refund the deposit less administrative costs up to $1,000.
(e) Contractor is not obligated to begin work until funds are received.
22. Termination & Default
(a) Owner may terminate this Agreement only upon written notice and shall pay for all work performed, materials ordered, committed costs, and expenses incurred.
(b) Contractor may suspend or terminate work for non-payment, interference, lack of access, failure to make decisions, or material breach.
(c) Termination does not waive Contractor’s right to payment, interest, or lien rights.
23. Force Majeure
(a) Contractor shall not be liable for delays or failure to perform due to events beyond Contractor’s reasonable control.
(b) Affected timelines shall be extended accordingly.
24. Owner Interference / Suspension
(a) Owner shall not interfere with Contractor’s means, methods, sequencing, or subcontractors.
(b) Owner-caused delays or suspensions may result in schedule extensions and additional costs billed via Change Order.
25. No Budget or Allowance Guarantee
(a) Owner acknowledges that allowances and the Contract Price are estimates based on assumptions and market conditions.
(b) Contractor does not guarantee sufficiency of allowances or total project cost relative to Owner selections.
(c) All overages shall be paid by Owner.
26. Retainage (If Applicable)
(a) No retainage shall be withheld unless expressly required by the Owner’s lender and agreed to in writing.
(b) Retainage shall be released upon Substantial Completion and shall not be withheld for minor or cosmetic items.
27. Substantial Completion & Punch List
(a) Substantial Completion is achieved when the residence is suitable for occupancy with only minor punch list items remaining.
(b) Punch list items shall not delay final payment.
(c) Punch list items shall be completed within a reasonable time.