Johnson Roofing & Construction ("JRC") is the legal trade name of Busy Lot, LLC - a limited liability company organized under the laws of the State of Nebraska. Pursuant to the JRC field contract (the "Contract"), all JRC contracts for residential construction services include the following terms and conditions:
Effective January 1, 2016
If the appropriate selection box of the Contract is marked or the services covered by the Contract are related to an insurance claim, customer expressly grants JRC all rights under said claim related to the work covered by the Contract and JRC may bring suit against customer's insurer to enforce those rights. This includes, but is not limited to, JRC's right to bring suit for non-payment of items owed the insured under its contract of insurance and any claims of bad faith against the insurer for any reason if such reasons arise from the work covered in the Contract.
Time to Perform
Unless the Contract states a specific time for JRC to render performance, JRC shall be allowed a "reasonable" time to complete its obligations under the Contract. A "reasonable time" shall be that which the average exterior construction contractor with similar number of staff members and similar number of jobs under contract with allowance for weather delays would reasonably expect to be allowed to perform the scope of work in the Contract. If the Contract covers work related to an insurance claim, JRC shall have no less than the number of days to perform as outlined in customer's contract of insurance, but in no event shall this amount of time be less than 6 months from the date of Contract execution.
No Damages for Delay
In the event JRC is unable to complete its performance under Paragraph 2 above, JRC shall not be responsible for any damages resulting from its delay.
Customer expressly agrees to remit payment, in full, after the completion of each trade. A "trade" shall be defined as one of the following trade headings: roofing, siding, gutters, windows, painting, miscellaneous; or it shall be defined as section headings in customer's insurance claim; or it shall be defined as line items as they appear on JRC invoices, whichever results in the balance becoming due earliest.
- When Payment is "Late"
Under the terms of the Contract, payment is due and owing upon the completion of each trade as defined herein. A payment is therefore "late" under these Terms for any amount that has become due and owing, beginning on the day immediatly following the day in which it became due.
- Finance Fees & Other Charges
JRC shall be allowed to assess the maximum statutory interest allowed by the jurisdiction in which the work under the Contract is being performed beginning on the day in which work under a specific trade is completed, regardless of whether JRC provides an invoice. JRC shall also be allowed, and customer expressly agrees, to pay for any costs associated with collection of past due accounts. This includes, but is not limited to, reasonable attorney's fees.
Upon any payment becoming "late" as defined herein, JRC shall not be obligated to honor any discount, whether such discount is by contract, promise, voluntary action, or any other means. Discount shall include any amount less than the full face value as shown on the Contract, and, in the case of insurance claim, any amount less than the full RCV for a given trade or service. Additionally, Discount shall include any work performed or contracted to be performed in which JRC has agreed to do without remuneration therefor.
Upon any payment becoming "late" as defined herein, JRC shall be completely discharged from any warranty obligation. Customer expressly understands that JRC shall not be liable for any workmanship issues, claims of defective work, or claims under its warranty policy if any payment under the Contract becomes late.
No Incidental and Consequential Damages
JRC shall not be liable for any incidental or consequential damages arising from its performance or non-performance of the Contract. Customer expressly agrees to waive any claim against JRC for damage to its property arising from its performance or non-performance of the Contract including, but not limited to: vegetation and landscaping damage; water infiltration through the roof or roof structure while removed for replacement; and any harm from construction debris and nails that may appear in and around the work site either before, during, or after JRC's performance of the Contract. This Paragraph shall not be construed as limiting liability for any acts of negligence by JRC or its agents if such limitation is not enforceable.
Choice of Law
Nebraska law shall govern and control the Contract without respect to any conflict of laws analysis under the jurisdiction where the Contract was to be performed.