Contractor Agreement

General Provisions: 

  • Price assumes entire work area is clear of construction materials not related to Rain Pros project  
  • Mow Grass with in 3 days before start date for best clean up results 
  • All work performed in a professional workmanlike manner with appropriate safety equipment provided 
  • All Rain Pros standard materials and installation practices if not specified in the estimate will be followed, deviations may incur additional expense 
  • All unforeseen work required to complete the above scope will be executed with verbal approval being billed as a change order request.  A maximum of 2 hours' notice will be given for approval to proceed with unforeseen work that creates a work stoppage or additional waiting would cause the expected completion date to be delayed 
  • Any constraints that impede Rain Pros scheduling, site access, or plan of work will result in a change order.  
  • Constraints such as but not limited to; sound constraints, more than one subsequent estimation meeting, and/or additional paperwork that alters the scope of work or material changes, and/or altering the estimated project timeline will result in a change order.  
  • Change orders that alter the initial expected completion will assume a reschedule fee of $300 
  • Projects put on hold during construction at the customer's request will be billed $300 per occurrence 

 

 

Sprinkler Provisions: 

  • Waiving installation of a master valve absolves Rain Pros from any liability pertaining to excess water bills from mainline leaks. 

Sprinkler Assumptions: 

  • 1” or 1.25” Poly or Galvanized Mainline available at the meter or foundation wall and water meter is in proper functioning order 
  • Price assumes adequate water pressure and flow 
  • There are no underground obstructions that alter the design 
  • Sufficient Wifi signal strength 

Sprinkler Warranty: 

  • No warranty offered on drip and micro-spray zones  
  • 1 year warranty against defects in materials and craftsmanship if Rain Pros provides your 1st year spring start-up and winterization.  
  • Continuous ProCare Pro or Sprinkler package enrollment is required to extend the warranty of labor and materials up to 5 years at the completion of the project date. 
  • Sprinkler warranties can transfer after 12 months with the ownership of the house up to 12 months. Transferred warranties will terminate after 12 months from initial project date install. 

 

 

Drainage Provisions: 

  • Temporary pump pits and shoring may be required and will be billed as a change order, placing the project on hold in these instances will not be billed the hold fee. 
  • Price assumes all electrical work provided by the client (existing) 

Drainage Assumptions: 

  • There are no underground obstructions that alter the design 
  • Existing drainage system has been deemed functioning properly, if/when applicable 
  • Electronics, furniture and irreplaceable possessions have been pre-covered or removed from the serviced area when applicable 
  • Concrete slab thickness is 3-4” thick and does not contain rebar, house footing is not greater than 4 inches wide measured from the foundation stem wall 

 

Drainage Warranty: 

  • 1-year guarantee against defects in materials and craftsmanship 
  • Lifetime warranty with continuous enrollment in ProCare annual drain maintenance service by Rain Pros 
  • Drainage warranties can transfer with the ownership of the house up to 60 months. Transferred warranties will terminate after 60 months from initial project date install. 

Landscape Warranty: 

  • Plants/Lawn- 6 month repair service except in cases of over/under watering and acts out of Rain Pros control 
  • Retaining Walls/Patios- 1 year repair service except in cases outside Rain Pros control 

 

Exclusions: 

  • Unless otherwise notes this proposal does not include the removal of excess soil, rock, roots, or branches caused by the project installation.  The minimum dump fee is $185.00. 
  • Every effort will be made to protect the driveway; however, Rain Pros and its subcontractors and suppliers are not responsible for damage to the driveway resulting from the movement and delivery of equipment, supplies, or materials. 
  • Price does not include the cost of any permitting 

Terms: 

  • Projects over $25K:  
  • 50% down payment due on or before the project start date, 40% due upon completion and removal of all tool's equipment, and garbage, Final 10% due upon completion of punch list requests made within 15 days of initial completion 
  • Projects under $25K:  
  • 50% down payment due on or before the start date, 50% due upon completion of the work. 
  • All verbal, written, or email change orders requested will be billed at $99 per man hour and include cost plus 15% on any additional materials with a 1-hour minimum billed 
  • Prices guaranteed for 60 days from the time of estimate 
  • Price assumes payment by check, 3.4% credit card processing fees will apply 
  • $40 late fee will be assessed 5 days after the due date plus 2.5% per month interest will accrue from the original due date 
  • Projects canceled within 7 days of the start date subject to a 10% fee 
  • Actual zone count may vary based on decisions made during the final design actual price will not change 
  • In the event of litigation or a referral to a collection agency regarding this contract the prevailing party shall collect all associated expenses and reasonable attorney’s fees, not less than 30% of the original contract amount 

 Severability: 

  • If any of the provisions of this agreement are held to be invalid or unenforceable in the whole or part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this agreement. 

Waiver: 

  • The waiver by either party of any provision will not be construed as a waiver of any subsequent violations of the same or other provisions. 

Entire Agreement: 

  • It is agreed that there is no representation, warranty, or condition affecting this agreement except as expressly provided in this agreement. 

Limited Liability: 

  • In recognition of the relative risks and benefits of the Project to both the Client and Rain Pros, the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of Rain Pros for any claims, losses, costs, damages of any nature whatsoever whether arising from breach of contract, negligence, or other common law or statutory theory of recovery, or claims expenses from any cause or causes, including attorney’s fees and costs and expert witness fees, so that the total aggregate liability of Rain Pros shall not exceed the amount of the total cost of the total fee for services rendered on the Project. It is intended that this limitation applies to any liability or cause of action however alleged or arising unless otherwise prohibited by law, including but not limited to negligence, breach of contract, or any other claim whether in tort, contract, or equity.