Poured Concrete Service Agreement

AGREEMENT AND CONTRACT DOCUMENTS

This Poured Concrete Service Agreement, the estimate identified above, approved plans and specifications, and each written change order are the entire agreement between Lakeshore Poured Walls Inc. ("Company") and the customer identified above ("Customer"). The Agreement becomes binding when Customer signs or electronically accepts it and Company accepts the project, subject to any cancellation right that cannot legally be waived. If documents conflict, the latest signed change order controls, followed by specific terms in the estimate, this Agreement, and then the approved plans and specifications.

SCOPE, ESTIMATE, AND PRICE

Company will perform only the labor and furnish only the materials specifically described in the estimate. Unless the estimate states otherwise, it is valid for 30 days and is based on the plans, dimensions, elevations, quantities, site information, soil and groundwater information, photographs, permits, and access available when prepared. Estimated quantities, concrete volumes, reinforcing steel, pump time, forming time, and allowances will be adjusted to actual authorized quantities when the estimate uses unit pricing or allowances.

Not included unless listed: Surveying, engineering, soil testing, excavation, dewatering, shoring, permits or inspection fees, utility relocation, demolition, rock removal, contaminated-soil handling, imported fill, backfill, waterproofing, insulation, drain tile, sump work, masonry, flatwork, framing, final grading, landscaping, pavement, and restoration are excluded unless the estimate expressly includes them.

SCHEDULING, ACCESS, AND SITE READINESS

Scheduling begins after any required deposit, signed plans, permits, inspections, utility markings, site layout, excavation, access approval, and material selections are complete. Dates and pour windows are good-faith estimates, not guarantees. Weather, temperature, wind, emergencies, road restrictions, ready-mix or pump availability, inspection delays, saturated or frozen ground, unsafe excavations, and work by other trades may require rescheduling without breach.

Customer will provide safe, lawful access for workers, form trucks, concrete trucks, pump trucks, cranes, trailers, and equipment; maintain an access route capable of supporting their weight and dimensions; remove obstructions; secure children and animals; and identify overhead lines, septic systems, wells, soft ground, private drives, culverts, bridges, and other load-limited areas. Company may suspend or reschedule work when access or site conditions are unsafe and may charge reasonable standby, remobilization, or return-trip costs caused by Customer or another Customer-controlled party.

CUSTOMER INFORMATION AND RESPONSIBILITIES

Customer represents that Customer owns the property or is authorized by the owner to approve the work. Customer will: - Provide accurate property, easement, plan, elevation, benchmark, wall-thickness, wall-height, opening, beam-pocket, ledge, anchor, embed, and utility information, and timely identify every revision. - Ensure that excavation, subgrade, footing area, dewatering, access, spoil placement, and adjacent structures are ready and safe when those items are outside Company's scope. Company may decline to enter an excavation or begin work until required sloping, benching, shoring, access, or water control is provided. - Coordinate the surveyor, excavator, plumber, electrician, waterproofing contractor, framer, building official, and other trades whose work affects wall layout, penetrations, bearing locations, drainage, backfill, or loading, unless the estimate assigns that coordination to Company. - Provide reasonable access to water and electricity when the estimate requires them, designate an approved concrete-washout or cleanup area, and prevent unauthorized persons from entering the work zone or altering forms, reinforcing, embeds, or fresh concrete.

Company will use the public utility-locate process when legally required. Customer must accurately identify and mark private utilities and improvements not covered by that process, including private electric or gas lines, propane lines, water and sewer lines, irrigation, invisible fencing, low-voltage wiring, wells, drains, geothermal systems, and owner-installed systems. Except to the extent caused by Company's negligence, Company is not responsible for damage to an undisclosed or incorrectly marked private item.

PLANS, LAYOUT, FORMING, AND PRE-POUR APPROVAL

Company will build from the approved plans and field information provided for the estimate. Customer or Customer's general contractor is responsible for verifying property lines, setbacks, elevations, dimensions, openings, beam pockets, brick ledges, anchor locations, sleeves, penetrations, embeds, and interfaces with other trades before concrete placement, except for items the estimate expressly assigns to Company. A changed or incomplete plan, field conflict, or late instruction may require a change order and rescheduling.

Forms, reinforcing, sleeves, blockouts, and embeds will be installed only as described in the estimate and approved documents. Items supplied or installed by Customer or another trade must be delivered, located, and approved before the applicable pour. Company may photograph or document pre-pour conditions and may rely on approval by Customer, the general contractor, design professional, or inspector authorized for the project.

Existing and adjacent conditions: Old concrete, masonry, foundations, utilities, structures, excavations, and soils may contain concealed deterioration, inadequate support, undocumented construction, or latent defects. Company will use reasonable care and report observed concerns, but pre-existing conditions and latent defects are not caused by the work merely because they become visible during forming, excavation, concrete placement, stripping, or curing.

CONCRETE PLACEMENT, CURING, AND SITE CONDITIONS

Concrete mix, reinforcing, dimensions, and placement will follow the estimate, approved plans, applicable code, and required inspections. Customer is responsible for obtaining and paying for permits, surveys, engineering, testing, and special inspections unless the estimate assigns a specific item to Company. Company may assist with coordination but does not provide architectural, structural, geotechnical, or surveying services unless expressly stated. Required changes outside the estimate will be handled through a written change order.

Concrete is a natural material. Reasonable variations in color, texture, form lines, tie locations, minor bugholes, surface voids, fins, patch appearance, and nonstructural shrinkage cracking can occur and are not, by themselves, defective workmanship. Industry-accepted tolerances and the approved plans govern dimensions and alignment. Cosmetic finishing, rubbing, architectural exposed-concrete treatment, coatings, and special patching are excluded unless listed.

Weather, subsurface, and access conditions: Groundwater, unstable or frozen soil, unsuitable bearing, over-excavation, buried debris, rock, contamination, inaccurate layout, restricted truck or pump access, temperature controls, and other concealed or changing conditions may alter the method, schedule, materials, or price. Company will stop affected work when practical, explain the condition, and obtain authorization before additional non-emergency work. Customer is responsible for protecting finished work from premature backfill, impact, vibration, overloading, freezing, standing water, and work by others.

CHANGES AND EMERGENCY FIELD DECISIONS

A change in scope, price, material, plan, dimension, elevation, or schedule must be documented in a written or electronic change order approved by Customer and Company. Customer authorizes the signer and any person identified as the on-site representative or general contractor to approve field changes. If immediate action is reasonably necessary to protect safety, property, fresh concrete, forms, or open work from imminent damage, Company may perform the minimum protective work and promptly document the reason and charge. No change waives Customer's nonwaivable legal rights.

PAYMENT TERMS

Customer will pay the deposit and progress payments shown in the estimate. Unless the estimate states otherwise, the remaining balance is due at substantial completion of Company's scope. Substantial completion may occur before another trade completes excavation, backfill, waterproofing, drainage, framing, utility work, final inspection, or other work outside Company's scope. Minor corrective or punch-list work does not postpone payment of the undisputed balance. Customer must identify any disputed charge in writing and timely pay all undisputed amounts.

Amounts unpaid more than 15 days after the due date may accrue a service charge at the lesser of 1.5% per month or the maximum lawful rate, plus reasonable collection costs and returned-payment charges to the extent permitted by law. A card or financing fee applies only if disclosed before payment. Company may suspend work for nonpayment after reasonable notice, and Customer remains responsible for completed work, ordered materials, permit costs, and reasonable demobilization or protection costs.

CONSTRUCTION PAYMENT AND LIEN DOCUMENTS

For work that is an improvement to real property, Company and persons supplying labor or materials may have construction-lien rights under Michigan law. Company will provide sworn statements and lien waivers when required. Customer should keep payment records and should not require an advance waiver of lien rights. Nothing in this Agreement creates a lien where the law does not allow one.

CUSTOMER CANCELLATION AND PROJECT SUSPENSION

Any statutory cancellation right controls over this section. After a statutory period expires, or when no statutory right applies, Customer may cancel before completion by written notice and will pay for authorized work performed, permit and design costs, testing, restocking or nonreturnable materials, special orders, ready-mix or pump cancellation charges, and reasonable mobilization, protection, and demobilization costs incurred through cancellation. Company may suspend or terminate work for unsafe conditions, lack of required access, plans, inspections, approvals, site readiness, material misrepresentation, interference by others, or uncured payment default.

COMPLETION AND CUSTOMER REVIEW

Company will notify Customer when its contracted scope is complete or substantially complete. Customer should promptly review visible work and report a specific concern in writing within 5 business days. This review period does not waive a latent-defect claim, an express warranty, or a right that cannot legally be waived. Customer will provide Company a reasonable opportunity to inspect and, when Company is responsible, correct the work before alteration or repair by another party, except in a genuine emergency.

LIMITED WARRANTIES

Company warrants that its labor will be performed in a workmanlike manner. Any warranty period or additional warranty stated in the estimate or a separate written warranty controls. If the estimate does not state a duration, this Agreement does not create an additional fixed-duration express warranty, but it does not limit any warranty or remedy imposed by law. Customer must give prompt written notice describing the claimed defect and allow Company a reasonable opportunity to inspect before repair or alteration by others.

Manufacturer or ready-mix supplier warranties, if any, are passed through when assignable. Warranties do not cover ordinary concrete characteristics or cosmetic variations; nonstructural shrinkage cracking; efflorescence; pre-existing or concealed conditions; design, soil, drainage, grading, waterproofing, backfill, or loading outside Company's scope; hydrostatic pressure; settlement or soil movement; freezing; chemical exposure; misuse; premature stripping, backfill, or loading; owner-supplied materials; work or damage by others; or failure to follow written curing and protection instructions. Company's obligation for covered workmanship is limited to reasonable correction of the affected Company work, subject to rights that cannot legally be limited.

PROPERTY RISK, WORK BY OTHERS, AND LIMITATION OF DAMAGES

Company will use reasonable care. Except to the extent caused by Company's negligence or willful misconduct, Company is not responsible for pre-existing damage, concealed conditions, inaccurate plans or information supplied by Customer or others, damage to unmarked private utilities, ordinary construction disturbance, truck or equipment effects on an unsuitable access route, failure of adjacent work, or changes caused by excavation, dewatering, waterproofing, backfill, drainage, framing, utilities, grading, or loading performed by others. Customer will ensure that other trades do not modify, drill, cut, load, or backfill Company's work prematurely.

To the fullest extent permitted by law, neither party is liable to the other for special, incidental, indirect, punitive, or consequential damages, including lost profits or business interruption. This limitation does not exclude liability that Michigan law does not permit the parties to limit.

DISPUTE PROCESS AND GENERAL TERMS

Before filing a lawsuit, a party will give written notice describing the dispute and allow at least 10 business days for investigation and a good-faith effort to resolve it, unless emergency relief or a legal filing deadline requires faster action. The parties may agree to mediation. Michigan law governs. Venue will lie in a court of competent jurisdiction in the county where the service property is located, unless applicable law requires another forum.

If a provision is unenforceable, it will be limited or removed without affecting the remainder. A waiver must be in writing and applies only to that instance. Customer may not assign the Agreement without Company's written consent, except to a purchaser who assumes it in writing. Electronic signatures, electronic approvals, and counterparts are effective. No oral promise changes this Agreement.

MICHIGAN PERMITS, INSPECTIONS, AND LICENSING COMPLIANCE

Company will perform the contracted concrete work in accordance with applicable permits, approved plans, required inspections, and the scope Company is lawfully authorized to perform. Concrete placement may not proceed until required footing, form, reinforcing, or other pre-pour inspections are approved. Final code approval, occupancy authorization, and acceptance are determined by the authority having jurisdiction, not Company. Unless the estimate states otherwise, Customer is responsible for design-professional services, testing, special inspections, permit fees, and corrective work outside Company's contracted scope.

Michigan licensing disclosure: A residential builder or a residential maintenance and alteration contractor is required to be licensed under Article 24 of the Michigan Occupational Code, 1980 PA 299, MCL 339.2401 to 339.2412. An electrician is required to be licensed under Article 7 of the Skilled Trades Regulation Act, MCL 339.5701 to 339.5739. A plumbing contractor is required to be licensed under Article 11 of that act, MCL 339.6101 to 339.6133. A mechanical contractor is required to be licensed under Article 8 of that act, MCL 339.5801 to 339.5819. If Company is required to be licensed for the contracted improvement, the applicable information must be completed in the Company information box.

No installment financing is created by this Agreement unless Customer and Company sign a separate financing agreement. A financed home-improvement transaction may require additional disclosures and cancellation rights; any applicable separate financing documents control those financing terms.

ACCEPTANCE AND SIGNATURES

Customer confirms that Customer received and reviewed the complete estimate, approved plans, and this Agreement; had an opportunity to ask questions; is authorized to approve the work at the project property; and agrees to the contract documents. Customer authorizes Company to perform the work described in the estimate, including lawful access to the property, excavation, work area, utilities, and concrete placement locations.

MICHIGAN HOME SOLICITATION NOTICE (WHEN APPLICABLE)

You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right. Additionally, the seller is prohibited from having an independent courier service or other third party pick up your payment at your residence before the end of the 3-business-day period in which you can cancel the transaction.

CUSTOMER ACKNOWLEDGMENTS

- Customer received a complete copy of the signed Agreement and estimate. - If the Home Solicitation Sales Act applies, Customer received two copies of the Notice of Cancellation, with both required dates completed by Company. - Customer received any permit plans, operating instructions, and warranty documents listed in the estimate or completion packet. - Emergency service note: A waiver of the 3-business-day right for a qualifying emergency home-solicitation sale must be a separate dated and signed statement written personally by the buyer, describing the emergency and expressly acknowledging and waiving that right.

MICHIGAN NOTICE OF CANCELLATION

You may cancel this transaction, without any penalty or obligation, within 3 business days from the date of transaction. To cancel, mail or deliver a signed and dated copy of this cancellation notice or any other written notice to Lakeshore Poured Walls Inc. not later than midnight on the cancellation deadline. If you cancel, any property traded in, any payments made, and any negotiable instrument executed will be returned within 10 business days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled.

By signing below, Customer acknowledges that they have read, understood, and agreed to all terms and conditions in this Agreement.