One-year Warranty Commitment

(1) Changes in Work. If the Owner requests any modification or additions to the work set forth in this Agreement, the Contract Price shall be adjusted accordingly. Modifications or additions to the work shall be executed in writing, signed by the Owner and Contractor, with the change in the Contract Price set forth in the written document. Any written documentation setting forth additions or changes in the work shall be incorporated and become a part of this Agreement.

(2) Responsibilities of the Parties. Contractor shall notify the Owner of physical conditions at the site that differ materially from those indicated in this Agreement or unknown conditions differing materially from those originally encountered and generally recognized as inherent in work provided herein. Any expense incurred by Contractor due to such conditions shall be paid by Owner as additional work. Owner is responsible for the removal and protection of any personal property and Contractor is not responsibility for damages to such property, unless such damage is caused by the negligence of the Contractor. Contractor shall not be responsible for damage to private utilities that are not marked by Diggers Hotline.

(3) Delays. Contractor agrees to start and diligently pursue the work through completion. Contractor shall not be responsible for delays for the following reasons: failure of issuance of all necessary permits, disbursement of funds held in escrow, acts of neglect or omissions of the Owner, additions or modifications to the original work by Owner, inability to obtain materials from suppliers, acts of God, weather conditions, failure of Owner to make payment, delays or changes caused by government agencies, acts of contractors, holidays, or other delays beyond the Contractor’s reasonable control.

(4) Plans and Specifications. Any plans and specifications prepared for this project shall be attached as Exhibit “B” and become a part of this Agreement.

(5) Subcontractors. Contractor may subcontract any work to be performed under this Contract to licensed and qualified subcontractors.

(6) Insurance. Contractor shall maintain workers compensation insurance and liability insurance for claims of damages that may arise out of or result from the work performed by the Contractor or its sub-contractors under this Agreement. Owner shall maintain homeowners insurance in full replacement value of all improvements on the Property and public liability.

(7) Work Stoppage Contractor shall have the right to stop work if any payment is not made by Owner when due. This remedy is in addition to any other right or remedy available to the Contractor at law or in equity. Owner’s failure to pay the Contractor constitutes a material breach of this Contract. Owner acknowledges that delays due to stopping and starting the project shall be treated as additional costs, which the Owner agrees to pay the Contractor. Contractor shall have the right to terminate this Agreement in its entirety if Owner defaults or breaches any of the provisions set forth in this Agreement.

(8) Clean Up. Contractor shall remove from the Property debris or excess materials created from the Contractor’s work.

(9) Building Permits/Inspection. Contractor shall notify Owner of all applicable state and local permits and Owner agrees to reimburse Contractors for the costs for obtaining said permits. If inspections are required under state or local codes, the Contractor shall give inspection certificates to the Owner when the construction is completed.

(10) Warranties. Except for the products or materials guaranteed by the manufacturer or supplier, all labor performed by Contractor under this Agreement shall be guaranteed for the period of one (1) year from the dated the work is completed by Contractor at the Property. This warranty shall not apply to any defects or damages which arise from or relate to defects in materials, natural occurrences beyond Contractor’s control, and Owner’s negligence or improper maintenance of the Property or any components contained therein.

(11) Severability. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and the Agreement shall be construed in all respects as if such invalid or unenforceable provisions are omitted.

(12) Contractor Lien Notice. YOU ARE HEREBY NOTIFIED THAT PERSONS OR COMPANIES FURNISHING LABOR OR MATERIALS FOR THE CONSTRUCTION OF YOUR PROPERTY MAY HAVE LIEN RIGHTS ON YOUR LAND AND BUILDINGS IF THEY ARE NOT PAID. THOSE ENTITLED TO LIEN RIGHTS, IN ADDITION TO CONTRACTOR, ARE THOSE WHO CONTRACT DIRECTLY WITH YOU OR THOSE WHO GIVE YOU INDENTIFICATION NOTICE WITHIN SIXTY (60) DAYS AFTER THEY FIRST FURNISH LABOR OR MATERIALS FOR THE CONSTRUCTION. YOU PROBABLY WILL RECEIVE NOTICES FROM THOSE WHO FURNISH LABOR AND MATERIALS FOR THE CONSTRUCTION. YOU SHOULD GIVE A COPY OF EACH NOTICE YOU RECEIVE TO YOUR MORTGAGE LENDER, IF ANY. THE UNDERSIGNED PRIME CONTRACTOR AGREES TO COOPERATE WITH YOU AND YOUR LENDER, IF ANY, TO SEE THAT ALL POTENTIAL LIEM CLAIMANTS ARE DULY PAID.

(13) Governing Law. This Agreement shall be governed under the laws of the State of Wisconsin. Any controversy or claim arising out of or relating to this Agreement shall be settled in a court of competent jurisdiction in La Crosse County, Wisconsin.

(14) Entire Agreement. This Agreement (and any exhibits, written amendments or additions hereto) constitutes the entire agreement between the parties. This Agreement is binding upon the parties hereto, their heirs, successors, and assigns.