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.
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 or not.
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.