Terms & Conditions

MICHAEL JAMES DESIGN BUILD

MASTER TERMS & CONDITIONS

400 Contractor Protection Clauses | Warranty Policy | Materials Policy | Website Terms | Legal Rights

 

IMPORTANT LEGAL NOTICE: This master document is intended as a contractor-protective framework for construction operations, website terms, project agreements, warranty limitations, materials policies, risk allocation, payment protection, and dispute procedures. It should be reviewed by a licensed Arizona construction attorney before publication or universal implementation.

 

Glossary & Definitions

Contractor: Michael James Design Build, its affiliates, owners, managers, employees, subcontractors, suppliers, vendors, consultants, and authorized representatives.

Client: The property owner, investor, entity, tenant, authorized representative, spouse, partner, manager, or any person/entity authorizing or benefiting from work.

Project: All services, labor, materials, procurement, consultation, site work, scheduling, project management, construction, warranty, punch, and administrative activities.

Work: Any labor, materials, supervision, management, procurement, design coordination, demolition, construction, repair, installation, warranty service, or related service performed or coordinated by Contractor.

Authorization: Approval by written contract, estimate approval, payment, text, email, verbal direction, site access, scheduling authorization, digital approval, or conduct allowing work to proceed.

Change Order: Any modification, expansion, deletion, resequencing, redesign, material change, field directive, or cost/schedule impact after initial authorization.

Owner-Supplied Materials: Any materials, fixtures, appliances, finishes, equipment, or products selected, purchased, directed, provided, or controlled by Client or third parties instead of directly through Contractor.

Substantial Completion: The point where the work or applicable phase is sufficiently complete for intended use, despite minor punch items, backordered items, cosmetic touch-ups, administrative closeout, or minor corrective work.

Hidden Conditions: Concealed, inaccessible, latent, unknown, undocumented, existing, environmental, structural, utility, moisture, pest, code, or site conditions not reasonably discoverable through normal visual review.

Force Majeure: Events outside Contractor control including weather, material shortages, labor shortages, supplier issues, governmental delay, inspection delay, utility delay, civil unrest, emergencies, epidemics, acts of God, or market disruption.

 

 

Organized Category Breakdown

Category Clauses Purpose
Contract Formation & Authority 1-3 Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area.
Scope, Materials & Procurement 4-4 Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area.
Payment, Billing & Collection 5-6 Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area.
Change Orders, Scheduling & Delays 7-10 Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area.
Warranty, Inspections & Acceptance 11-13 Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area.
Lien Rights, Disputes & Remedies 14-21 Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area.
Advanced Legal Protections 22-40 Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area.
Project Pricing, Site Conditions & Occupancy 41-51 Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area.
Dispute Waivers, Guaranties & Business Records 52-65 Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area.
Warranty Disclaimers, Insurance & Safety 66-85 Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area.
Investor, Design, Utilities & Legal Control 86-102 Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area.
Site Access, Security, Data & Payment Tools 103-120 Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area.
Materials, Hazards, HOA & Industry Standards 121-140 Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area.
Existing Conditions, Confidentiality & Enforceability 141-160 Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area.
Weather, Municipal, Pest, Utilities & Project Control 161-180 Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area.
Financing, Tolerances, Project Docs & Future Codes 181-200 Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area.
Owner-Caused Issues, Warranty Access & Equitable Remedies 201-220 Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area.
Scheduling Expectations, Digital Systems & Owner Changes 221-240 Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area.
Return Trips, Engineering, Warranty Conditions & Site Testing 241-260 Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area.
Client Disclosures, Financing & Construction Methods 261-280 Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area.
Collections, Internal Costs & Project Control 281-300 Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area.
Long-Term Project, Engineering, Staffing & Force Majeure 301-320 Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area.
Extended Duration, Existing Systems & Digital Evidence 321-340 Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area.
Storage, Specialty Systems, Temporary Conditions & Business Protections 341-360 Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area.
Expedited Requests, Field Verification & Owner Neglect 361-380 Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area.
Project Pause, Restart, Underground Conditions & Final Enforceability 381-400 Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area.

 

 

Master Terms & Conditions – Full 400 Clause List

Contract Formation & Authority

1. AGREEMENT TO TERMS

By approving any estimate, proposal, invoice, scope of work, change order, material authorization, digital approval, text message, email approval, payment, or allowing work to commence, Client agrees to be bound by these Terms & Conditions. These Terms are incorporated into all agreements and project documents issued by Contractor.

2. CONTRACT FORMATION & AUTHORIZATION OF SERVICES

Client acknowledges that verbal approval, in-person approval, text message approval, email approval, digital approval, electronic signature, deposit payment, site access, scheduling authorization, acceptance of services, or permitting work to continue constitutes authorization to proceed and evidence that a binding contractual agreement exists.

3. PROJECT SCOPE

Contractor shall perform only the work specifically identified in the approved scope. Additional work caused by Client requests, field conditions, code requirements, engineering requirements, hidden conditions, city requirements, or unforeseen conditions shall require additional compensation and schedule adjustment.

Scope, Materials & Procurement

4. MATERIALS POLICY – NON-REFUNDABLE & CUSTOMER PROVIDED MATERIALS

All material deposits and material payments are non-refundable. Materials may be custom ordered, fabricated, cut, tinted, assembled, reserved, or procured specifically for Client. Customer-provided materials void warranty coverage related to those products and any resulting impacts; Contractor strongly encourages all materials be purchased directly through Contractor and/or affiliated supply channels.

Payment, Billing & Collection

5. PAYMENT TERMS

Finish materials generally require 100% payment in advance and labor may require deposits or progress payments before scheduling or continuation. Unpaid balances may accrue interest, administrative costs, attorney fees, collection costs, lien costs, and related enforcement expenses.

6. RIGHT TO STOP WORK

Contractor may stop work for nonpayment, unsafe conditions, harassment, excessive interference, lack of access, unresolved disputes, permit issues, hazardous conditions, Client breach, or any circumstance that makes continuation commercially unreasonable or legally risky.

Change Orders, Scheduling & Delays

7. CHANGE ORDERS

Any change to scope, layout, design, materials, engineering, selections, sequencing, schedule, or site conditions may require a change order and additional payment. Verbal, text, email, field, or digital approvals may be relied upon as billable authorization.

8. CONCEALED / UNKNOWN CONDITIONS

Contractor is not responsible for concealed conditions including dry rot, mold, asbestos, lead, structural failure, improper prior construction, unpermitted work, utility defects, foundation issues, termites, water intrusion, code violations, or inaccessible conditions.

9. SCHEDULE & DELAYS

Schedules are estimates only. Contractor is not liable for delays caused by weather, materials, suppliers, permits, inspections, labor shortages, Client changes, utilities, manufacturers, third parties, HOA, engineering, acts of God, or site access issues.

10. CLIENT RESPONSIBILITIES

Client agrees to provide site access, utilities, timely selections, safe access, protected personal property, pet and child control, and reasonable cooperation for inspections and punch work. Contractor is not responsible for pre-existing conditions or unprotected belongings.

Warranty, Inspections & Acceptance

11. WARRANTY POLICY

Contractor provides only the limited workmanship warranty expressly stated in writing. Warranty excludes manufacturer defects, normal wear, hairline cracks, movement, moisture, owner abuse, improper maintenance, third-party damage, acts of God, owner-supplied materials, and work modified by others.

12. OWNER-SUPPLIED MATERIALS

Owner-supplied materials are accepted at Client risk. Contractor assumes no responsibility for delays, defects, missing parts, warranty issues, damage, compatibility, quantities, color variation, or product failures related to owner-provided materials.

13. INSPECTIONS & APPROVALS

Client acknowledges construction tolerances, natural material variation, field adjustments, and staged completion. Use, occupancy, payment, rental, staging, or beneficial use may constitute acceptance of substantial completion.

Lien Rights, Disputes & Remedies

14. LIEN RIGHTS

Contractor expressly reserves all mechanic’s lien rights, preliminary notice rights, stop notice rights, bond claim rights, collection rights, and legal remedies available under Arizona law and applicable construction law.

15. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Contractor liability is limited to the amount actually paid for the specific disputed work. Contractor shall not be liable for indirect, incidental, punitive, speculative, or consequential damages.

16. DISPUTE RESOLUTION

Before litigation, Client must provide written notice, a reasonable opportunity to inspect, and a reasonable right to cure. Disputes shall be governed by Arizona law with venue in Arizona unless otherwise agreed in writing.

17. TERMINATION

If Client terminates Contractor without legal cause, Contractor shall be paid for completed work, work in progress, committed costs, materials, overhead, lost profits, restocking fees, administrative costs, and non-cancelable obligations.

18. PROJECT DOCUMENTATION

Contractor may photograph, video, document, and maintain records of project progress, site conditions, materials, deliveries, communications, and completed work for business, legal, marketing, warranty, and collection purposes.

19. SAFETY & SITE CONDITIONS

Construction sites are inherently dangerous. Client agrees not to enter restricted areas and to keep children, pets, visitors, tenants, and occupants away from active work areas. Contractor is not liable for unauthorized site access injuries.

20. FORCE MAJEURE

Contractor shall not be liable for delays or damages caused by acts of God, weather, supply chain disruptions, government actions, labor shortages, epidemics, utility interruptions, civil unrest, or events outside Contractor control.

21. ENTIRE AGREEMENT

These Terms supersede prior discussions and form part of every estimate, invoice, proposal, scope, change order, authorization, and project communication unless expressly modified in writing by Contractor.

Advanced Legal Protections

22. ATTORNEY REVIEW / SOPHISTICATED PARTY CLAUSE

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

23. NO CONSEQUENTIAL DAMAGES

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

24. CLIENT INTERFERENCE CLAUSE

Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

25. THIRD-PARTY CONTRACTORS & OWNER-HIRED VENDORS

Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.

26. STORAGE, DELAYS & ABANDONED MATERIALS

Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.

27. DIGITAL COMMUNICATIONS & ELECTRONIC RECORDS

Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.

28. ACCESS RESTRICTIONS & RE-MOBILIZATION FEES

Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.

29. CONSTRUCTION IMPACTS & INCIDENTAL CONDITIONS

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

30. MOLD, WATER INTRUSION & ENVIRONMENTAL CONDITIONS

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. Contractor may suspend work or restrict access where unsafe, hazardous, environmental, aggressive, threatening, or commercially unreasonable conditions exist. Environmental testing, remediation, abatement, and safety measures may require additional cost and time.

31. PERMIT, CODE & INSPECTOR REQUIREMENTS

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.

32. PRICE ESCALATION CLAUSE

Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law.

33. WARRANTY NOTICE & RIGHT TO CURE

Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations.

34. NO BACKCHARGE CLAUSE

Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law.

35. PHOTO, VIDEO & MARKETING RIGHTS

Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor. Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.

36. CLIENT DEFAULT & PROJECT ABANDONMENT

Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

37. MEDIATION / ARBITRATION

Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.

38. SURVIVAL OF TERMS

Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.

39. MAXIMUM ENFORCEABILITY

Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.

40. PRELIMINARY LIEN NOTICE & LIEN RIGHTS ACKNOWLEDGMENT

Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.

Project Pricing, Site Conditions & Occupancy

41. ESTIMATES, ALLOWANCES & BUDGET DISCLAIMERS

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

42. JOBSITE CONDITIONS & CLEANLINESS

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

43. OWNER OCCUPANCY DURING CONSTRUCTION

Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

44. SUBSTANTIAL COMPLETION

Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations.

45. INSPECTION & CODE DISCLAIMER

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

46. WATER INTRUSION & ROOFING DISCLAIMER

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

47. DESIGN, LAYOUT & SELECTION DISCLAIMER

Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client-approved plans, layouts, selections, drawings, specifications, colors, finishes, and design decisions are accepted at Client responsibility, subject to field conditions, industry tolerances, natural variation, and product limitations. Contractor does not guarantee exact matches, subjective aesthetic satisfaction, perfect alignment, or outcomes not expressly documented in writing.

48. INSURANCE CLAIMS DISCLAIMER

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

49. RECORDING, SURVEILLANCE & SECURITY CAMERAS

Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.

50. INDEMNIFICATION

Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.

51. TIME IS NOT OF THE ESSENCE

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

Dispute Waivers, Guaranties & Business Records

52. WAIVER OF JURY TRIAL

Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.

53. PERSONAL GUARANTY (ENTITY CLIENTS)

Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.

54. NON-DISPARAGEMENT

Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.

55. SOCIAL MEDIA & ONLINE REVIEW RESOLUTION PROCESS

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

56. THIRD-PARTY EXPERTS & CONSULTANTS

Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.

57. FORCE ACCOUNT / TIME & MATERIAL WORK

Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling.

58. DEMOLITION & EXISTING CONDITIONS DISCLAIMER

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

59. SEVERABILITY & REFORMATION

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

60. CUMULATIVE REMEDIES

Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.

61. NO WAIVER THROUGH CONTINUED PERFORMANCE

Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.

62. ATTORNEY DRAFTED INTERPRETATION DISCLAIMER

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

63. RESERVATION OF RIGHTS

Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.

64. PROJECT PAUSE, RESCHEDULING & RESTART

Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.

65. PROJECT MANAGEMENT & ADMINISTRATIVE COSTS

Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law.

Warranty Disclaimers, Insurance & Safety

66. DISCLAIMER OF IMPLIED WARRANTIES

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

67. LIMITATION ON CLAIM PERIODS

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

68. CLIENT FAILURE TO MAINTAIN PROPERTY

Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

69. MANUFACTURER & THIRD-PARTY WARRANTY LIMITATIONS

Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.

70. ACCESS TO UTILITIES & SITE SERVICES

Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.

71. HAZARDOUS CONDITIONS & SAFETY STOPPAGE

Contractor may suspend work or restrict access where unsafe, hazardous, environmental, aggressive, threatening, or commercially unreasonable conditions exist. Environmental testing, remediation, abatement, and safety measures may require additional cost and time.

72. SUBCONTRACTOR SUBSTITUTION RIGHTS

Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.

73. CLIENT DELAY DAMAGES

Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

74. PHOTOGRAPHIC & FIELD CONDITION RELIANCE

Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.

75. NO GUARANTEE OF EXACT MATCHES

Client-approved plans, layouts, selections, drawings, specifications, colors, finishes, and design decisions are accepted at Client responsibility, subject to field conditions, industry tolerances, natural variation, and product limitations. Contractor does not guarantee exact matches, subjective aesthetic satisfaction, perfect alignment, or outcomes not expressly documented in writing.

76. WEATHER & ENVIRONMENTAL EXPOSURE

Contractor may suspend work or restrict access where unsafe, hazardous, environmental, aggressive, threatening, or commercially unreasonable conditions exist. Environmental testing, remediation, abatement, and safety measures may require additional cost and time.

77. SUCCESSORS & ASSIGNS

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

78. COUNTERPARTS & ELECTRONIC EXECUTION

Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.

79. ENTIRE COURSE OF DEALING

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

80. CONTRACTOR DISCRETION & BUSINESS JUDGMENT

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

81. PROJECT ABANDONMENT BY CLIENT

Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

82. SECURITY OF PERSONAL PROPERTY

Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

83. CLIENT REPRESENTATIONS

Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

84. EMERGENCY CONDITIONS

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

85. MAXIMUM LEGAL PROTECTION INTENT

Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.

Investor, Design, Utilities & Legal Control

86. NO FIDUCIARY RELATIONSHIP

Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.

87. INVESTOR & RESALE DISCLAIMER

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

88. NO ORAL MODIFICATION

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

89. CLIENT RESPONSIBILITY FOR THIRD-PARTY PROFESSIONALS

Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.

90. DAMAGE TO CONCEALED UTILITIES & UNKNOWN CONDITIONS

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions.

91. TEMPORARY PROTECTION MEASURES

Client-approved plans, layouts, selections, drawings, specifications, colors, finishes, and design decisions are accepted at Client responsibility, subject to field conditions, industry tolerances, natural variation, and product limitations. Contractor does not guarantee exact matches, subjective aesthetic satisfaction, perfect alignment, or outcomes not expressly documented in writing.

92. CLIENT PROCUREMENT DELAYS

Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations. Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

93. RIGHT TO RECORD AMOUNTS DUE

Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.

94. MUTUAL DUTY OF GOOD FAITH

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

95. RIGHT TO REFUSE UNSAFE OR DEFECTIVE REQUESTS

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

96. FINAL PAYMENT RELEASE CONDITION

Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law.

97. NO CONSEQUENTIAL PROJECT GUARANTEE

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

98. RIGHT TO CORRECT ADMINISTRATIVE ERRORS

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

99. PROJECT FILE OWNERSHIP

Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

100. SURVIVAL OF PAYMENT OBLIGATIONS

Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.

101. INDEPENDENT LEGAL REVIEW RECOMMENDATION

Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.

102. FULL ENFORCEABILITY INTENT

Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.

Site Access, Security, Data & Payment Tools

103. DAILY SITE ACCESS & WORK HOURS

Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.

104. RIGHT TO DOCUMENT DEFECTIVE PRE-EXISTING CONDITIONS

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.

105. NO RESPONSIBILITY FOR PRE-EXISTING CODE VIOLATIONS

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

106. CLIENT RESPONSIBILITY FOR PETS & OCCUPANTS

Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

107. DELIVERY & MATERIAL DAMAGE DISCLAIMER

Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

108. PROJECT COMMUNICATION AUTHORITY

Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.

109. NO GUARANTEE OF HIDDEN CONDITION DISCOVERY

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions.

110. BUSINESS INTERRUPTION DISCLAIMER

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

111. RIGHT TO USE SUBCONTRACTORS

Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.

112. CONTRACTOR NOT RESPONSIBLE FOR SECURITY

Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

113. PRESERVATION OF ELECTRONIC DATA

Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.

114. HEADINGS FOR CONVENIENCE ONLY

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

115. CLIENT RESPONSIBILITY FOR INSURANCE

Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

116. RIGHT TO SUSPEND FOR NONPAYMENT

Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law.

117. RETURNED PAYMENT FEES

Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law.

118. CREDIT CARD & PAYMENT PROCESSING FEES

Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law.

119. RIGHT TO WITHHOLD WARRANTY SERVICE

Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations.

120. NO THIRD-PARTY BENEFICIARIES

Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.

Materials, Hazards, HOA & Industry Standards

121. CLIENT FAILURE TO TIMELY SELECT MATERIALS

Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

122. PROCUREMENT & LEAD TIME DISCLAIMER

Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Contractor may suspend work or restrict access where unsafe, hazardous, environmental, aggressive, threatening, or commercially unreasonable conditions exist. Environmental testing, remediation, abatement, and safety measures may require additional cost and time.

123. STORAGE OF CLIENT MATERIALS

Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

124. RIGHT TO REMOVE UNSAFE PERSONS

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

125. NO RESPONSIBILITY FOR AIRBORNE CONTAMINANTS

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Contractor may suspend work or restrict access where unsafe, hazardous, environmental, aggressive, threatening, or commercially unreasonable conditions exist. Environmental testing, remediation, abatement, and safety measures may require additional cost and time.

126. TEMPORARY UTILITY INTERRUPTION DISCLAIMER

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

127. NO GUARANTEE OF EXISTING SYSTEM COMPATIBILITY

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions.

128. RIGHT TO CORRECT DEFECTIVE PRIOR WORK

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

129. CLIENT RESPONSIBILITY FOR PROPERTY BOUNDARIES & SURVEYS

Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

130. RIGHT TO TERMINATE FOR HOSTILE CONDITIONS

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

131. CLIENT RESPONSIBILITY FOR HOA APPROVALS

Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

132. RIGHT TO SUBSTITUTE MATERIALS

Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling.

133. CLIENT RESPONSIBILITY FOR ASBESTOS, LEAD & HAZARDOUS MATERIALS

Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Contractor may suspend work or restrict access where unsafe, hazardous, environmental, aggressive, threatening, or commercially unreasonable conditions exist. Environmental testing, remediation, abatement, and safety measures may require additional cost and time.

134. PROJECT PHASING & PARTIAL COMPLETION

Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations.

135. NO REQUIREMENT TO WORK OUT OF SEQUENCE

Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.

136. CONTRACTOR RIGHT TO RELY ON INDUSTRY STANDARDS

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

137. CURE PERIOD FOR CLIENT DEFAULT

Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

138. LIMITATION OF AGENT AUTHORITY

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

139. RESERVATION OF EQUITABLE RELIEF

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

140. ENTIRE AGREEMENT CONTROL

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

Existing Conditions, Confidentiality & Enforceability

141. RIGHT TO RELY ON VISUAL CONDITIONS

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

142. CLIENT RESPONSIBILITY FOR MOVE-OUT & PROTECTION

Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

143. NO RESPONSIBILITY FOR MANUFACTURER DISCONTINUATION

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.

144. NO RESPONSIBILITY FOR EXISTING STRUCTURAL MOVEMENT

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

145. SITE ACCESS & PARKING RIGHTS

Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions. Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.

146. NO GUARANTEE OF INSPECTOR INTERPRETATIONS

Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.

147. CLIENT RESPONSIBILITY FOR TEMPORARY HOUSING

Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

148. NO WAIVER OF FUTURE CLAIMS OR RIGHTS

Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.

149. CLIENT ACKNOWLEDGMENT OF CONSTRUCTION TOLERANCES

Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Client-approved plans, layouts, selections, drawings, specifications, colors, finishes, and design decisions are accepted at Client responsibility, subject to field conditions, industry tolerances, natural variation, and product limitations. Contractor does not guarantee exact matches, subjective aesthetic satisfaction, perfect alignment, or outcomes not expressly documented in writing.

150. RIGHT TO CEASE COMMUNICATION THROUGH COUNSEL

Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.

151. CONFIDENTIAL BUSINESS INFORMATION

Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.

152. NO RESPONSIBILITY FOR THIRD-PARTY DAMAGE AFTER COMPLETION

Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.

153. RIGHT TO PHOTOGRAPH FOR COLLECTION & LEGAL PURPOSES

Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor. Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.

154. CLIENT RESPONSIBILITY FOR FINAL WALKTHROUGH

Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

155. RESERVATION OF VALUE ENGINEERING RIGHTS

Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.

156. NO REQUIREMENT TO PREFINANCE CLIENT PROJECT

Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

157. CONTRACTOR RIGHT TO PRIORITIZE ACTIVE PROJECTS

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

158. NO LIABILITY FOR TECHNOLOGY FAILURES

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

159. CLIENT DUTY TO REVIEW DOCUMENTS

Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.

160. CONTINUING ENFORCEABILITY

Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.

Weather, Municipal, Pest, Utilities & Project Control

161. NO RESPONSIBILITY FOR EXISTING WATERPROOFING FAILURES

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

162. TEMPORARY WEATHER DELAYS

Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.

163. NO GUARANTEE OF MUNICIPAL RESPONSE TIMES

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

164. CLIENT RESPONSIBILITY FOR ACCESSORY COSTS

Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

165. RIGHT TO PERFORM TEMPORARY REPAIRS

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

166. NO LIABILITY FOR OWNER STORAGE ITEMS

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

167. CLIENT RESPONSIBILITY FOR NEIGHBOR RELATIONS

Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

168. NO GUARANTEE OF MATERIAL AVAILABILITY

Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling.

169. RIGHT TO RELY ON MANUFACTURER INSTALLATION STANDARDS

Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.

170. CLIENT RESPONSIBILITY FOR ACCESS DELAYS

Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

171. RIGHT TO REMOVE EQUIPMENT & MATERIALS

Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling.

172. NO RESPONSIBILITY FOR PRE-EXISTING PEST CONDITIONS

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

173. PROJECT SITE IS AN ACTIVE CONSTRUCTION ZONE

Contractor may suspend work or restrict access where unsafe, hazardous, environmental, aggressive, threatening, or commercially unreasonable conditions exist. Environmental testing, remediation, abatement, and safety measures may require additional cost and time.

174. NO REQUIREMENT TO ACCELERATE WITHOUT COMPENSATION

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

175. CLIENT RESPONSIBILITY FOR DESIGN APPROVALS

Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Client-approved plans, layouts, selections, drawings, specifications, colors, finishes, and design decisions are accepted at Client responsibility, subject to field conditions, industry tolerances, natural variation, and product limitations. Contractor does not guarantee exact matches, subjective aesthetic satisfaction, perfect alignment, or outcomes not expressly documented in writing.

176. NO RESPONSIBILITY FOR EXISTING UTILITY CAPACITY

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

177. RIGHT TO ISSUE INTERIM INVOICES

Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law.

178. NO RESPONSIBILITY FOR OWNER-SELECTED PRODUCTS

Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

179. RIGHT TO MAINTAIN PROJECT CONTROL

Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations.

180. MAXIMUM SURVIVAL OF PROTECTIONS

Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.

Financing, Tolerances, Project Docs & Future Codes

181. NO RESPONSIBILITY FOR CLIENT CASH FLOW OR FINANCING ISSUES

Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

182. RIGHT TO REQUIRE UPDATED PRICING

Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law.

183. NO GUARANTEE OF EXACT DIMENSIONAL ALIGNMENT

Client-approved plans, layouts, selections, drawings, specifications, colors, finishes, and design decisions are accepted at Client responsibility, subject to field conditions, industry tolerances, natural variation, and product limitations. Contractor does not guarantee exact matches, subjective aesthetic satisfaction, perfect alignment, or outcomes not expressly documented in writing.

184. CLIENT RESPONSIBILITY FOR PERISHABLE ITEMS

Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

185. RIGHT TO USE TEMPORARY FACILITIES

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

186. NO RESPONSIBILITY FOR SOUND TRANSMISSION OR VIBRATION

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

187. CLIENT RESPONSIBILITY FOR PROPERTY ACCESSIBILITY

Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

188. NO RESPONSIBILITY FOR COLOR APPEARANCE UNDER DIFFERENT LIGHTING

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client-approved plans, layouts, selections, drawings, specifications, colors, finishes, and design decisions are accepted at Client responsibility, subject to field conditions, industry tolerances, natural variation, and product limitations. Contractor does not guarantee exact matches, subjective aesthetic satisfaction, perfect alignment, or outcomes not expressly documented in writing.

189. RIGHT TO CORRECT PUNCH ITEMS IN REASONABLE PHASES

Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations. Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.

190. CLIENT RESPONSIBILITY FOR SITE CLEANOUT

Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

191. NO LIABILITY FOR NORMAL MATERIAL AGING

Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

192. RIGHT TO RELY ON TRADE EXPERTISE

Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.

193. CLIENT RESPONSIBILITY FOR THIRD-PARTY APPROVAL DELAYS

Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.

194. NO REQUIREMENT TO STORE UNUSED MATERIALS AFTER COMPLETION

Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations.

195. PROJECT DOCUMENTATION MAY CONTAIN APPROXIMATIONS

Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.

196. NO RESPONSIBILITY FOR THIRD-PARTY SCHEDULING FAILURES

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.

197. RIGHT TO PROTECT REPUTATION & BUSINESS OPERATIONS

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

198. CLIENT RESPONSIBILITY FOR FINAL SELECTION CONFIRMATION

Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

199. NO GUARANTEE OF FUTURE CODE REQUIREMENTS

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions.

200. CUMULATIVE CONTRACTOR PROTECTIONS

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

Owner-Caused Issues, Warranty Access & Equitable Remedies

201. NO RESPONSIBILITY FOR CLIENT-CAUSED DAMAGE DURING CONSTRUCTION

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

202. RIGHT TO REQUIRE WRITTEN CHANGE CONFIRMATION

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

203. NO RESPONSIBILITY FOR PRE-EXISTING FINISH DAMAGE

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

204. CLIENT RESPONSIBILITY FOR ACCESS TO DECISION MAKERS

Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

205. NO LIABILITY FOR DELAYED OWNER FURNISHED ITEMS

Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

206. RIGHT TO SUSPEND WORK FOR UNRESOLVED DISPUTES

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

207. NO RESPONSIBILITY FOR EXISTING DRAINAGE CONDITIONS

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

208. RIGHT TO UPDATE MATERIAL SPECIFICATIONS

Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling.

209. CLIENT RESPONSIBILITY FOR PROPERTY INFORMATION

Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

210. NO LIABILITY FOR CONSEQUENTIAL PROJECT IMPACTS

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

211. RIGHT TO REASONABLE ACCESS FOR WARRANTY SERVICE

Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations. Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.

212. NO RESPONSIBILITY FOR THIRD-PARTY ENGINEERING OR DESIGN ERRORS

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client-approved plans, layouts, selections, drawings, specifications, colors, finishes, and design decisions are accepted at Client responsibility, subject to field conditions, industry tolerances, natural variation, and product limitations. Contractor does not guarantee exact matches, subjective aesthetic satisfaction, perfect alignment, or outcomes not expressly documented in writing. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.

213. CONTRACTOR MAY RELY ON APPROVED PLANS & DOCUMENTS

Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due. Client-approved plans, layouts, selections, drawings, specifications, colors, finishes, and design decisions are accepted at Client responsibility, subject to field conditions, industry tolerances, natural variation, and product limitations. Contractor does not guarantee exact matches, subjective aesthetic satisfaction, perfect alignment, or outcomes not expressly documented in writing.

214. NO RESPONSIBILITY FOR NORMAL CRACKING OR SETTLEMENT

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

215. CLIENT RESPONSIBILITY FOR SECURING APPROVALS FROM OTHER OWNERS OR PARTIES

Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

216. RIGHT TO DOCUMENT PROJECT COMMUNICATIONS

Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.

217. NO REQUIREMENT TO PROVIDE FREE ESTIMATING REVISIONS

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

218. CLIENT RESPONSIBILITY FOR SITE READINESS

Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

219. RIGHT TO USE PROJECT PHOTOS FOR INTERNAL TRAINING & OPERATIONS

Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.

220. CONTINUING RIGHT TO ALL LEGAL & EQUITABLE REMEDIES

Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.

Scheduling Expectations, Digital Systems & Owner Changes

221. NO RESPONSIBILITY FOR CLIENT SCHEDULE EXPECTATIONS

Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

222. RIGHT TO REVISE SCHEDULING SEQUENCES

Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.

223. NO RESPONSIBILITY FOR OWNER OR THIRD-PARTY MEASUREMENTS

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Client-approved plans, layouts, selections, drawings, specifications, colors, finishes, and design decisions are accepted at Client responsibility, subject to field conditions, industry tolerances, natural variation, and product limitations. Contractor does not guarantee exact matches, subjective aesthetic satisfaction, perfect alignment, or outcomes not expressly documented in writing. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.

224. CLIENT RESPONSIBILITY FOR PROPERTY SECURITY DURING OPEN CONSTRUCTION

Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

225. RIGHT TO REJECT DEFECTIVE OWNER-SUPPLIED MATERIALS

Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

226. NO RESPONSIBILITY FOR DAMAGE TO IMPROPERLY STORED MATERIALS

Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

227. RIGHT TO REQUIRE SAFE WORKING CONDITIONS

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

228. NO RESPONSIBILITY FOR LATENT ENVIRONMENTAL CONDITIONS

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Contractor may suspend work or restrict access where unsafe, hazardous, environmental, aggressive, threatening, or commercially unreasonable conditions exist. Environmental testing, remediation, abatement, and safety measures may require additional cost and time.

229. CLIENT RESPONSIBILITY FOR OWNER-DIRECTED CHANGES

Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

230. RIGHT TO UTILIZE DIGITAL PROJECT MANAGEMENT SYSTEMS

Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.

231. NO RESPONSIBILITY FOR MINOR COSMETIC CONDITIONS VISIBLE ONLY UNDER SPECIAL LIGHTING

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

232. CLIENT RESPONSIBILITY FOR UNRESTRICTED COMMUNICATION

Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.

233. NO RESPONSIBILITY FOR DAMAGE CAUSED BY PRE-EXISTING CONDITIONS DURING NORMAL CONSTRUCTION

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

234. RIGHT TO CHARGE FOR EXCESSIVE CLIENT MANAGEMENT DEMANDS

Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

235. NO LIABILITY FOR TEMPORARY LOSS OF USE

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

236. RIGHT TO RELY ON REASONABLE INDUSTRY PRACTICES

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

237. CLIENT RESPONSIBILITY FOR PAYMENT OF SPECIAL ORDER MATERIALS

Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

238. NO REQUIREMENT TO COMMENCE WORK WITHOUT REQUIRED APPROVALS

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

239. CONTRACTOR RESERVES RIGHT TO BUSINESS JUDGMENT

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

240. MAXIMUM PRESERVATION OF CONTRACTOR RIGHTS

Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.

Return Trips, Engineering, Warranty Conditions & Site Testing

241. RIGHT TO CHARGE FOR RETURN TRIPS

Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law.

242. NO RESPONSIBILITY FOR PRE-EXISTING WATER PRESSURE OR FLOW CONDITIONS

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

243. CLIENT RESPONSIBILITY FOR PROTECTING SENSITIVE SURFACES

Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

244. RIGHT TO ADJUST CREW SIZE & MANPOWER

Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.

245. NO LIABILITY FOR MATERIAL LOT VARIATIONS

Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

246. RIGHT TO WITHDRAW UNSCHEDULED PRICING

Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.

247. CLIENT RESPONSIBILITY FOR CHILD SAFETY

Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Contractor may suspend work or restrict access where unsafe, hazardous, environmental, aggressive, threatening, or commercially unreasonable conditions exist. Environmental testing, remediation, abatement, and safety measures may require additional cost and time.

248. NO RESPONSIBILITY FOR PRE-EXISTING STRUCTURAL DEFICIENCIES

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

249. RIGHT TO REQUIRE UPDATED ENGINEERING

Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.

250. NO GUARANTEE OF EXACT EXISTING CONDITION MATCHES

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. Client-approved plans, layouts, selections, drawings, specifications, colors, finishes, and design decisions are accepted at Client responsibility, subject to field conditions, industry tolerances, natural variation, and product limitations. Contractor does not guarantee exact matches, subjective aesthetic satisfaction, perfect alignment, or outcomes not expressly documented in writing.

251. CLIENT RESPONSIBILITY FOR ACCESSORY PERMITS & APPROVALS

Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

252. RIGHT TO SUSPEND PROCUREMENT FOR NONPAYMENT

Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations.

253. NO LIABILITY FOR CLIENT STORAGE DECISIONS

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

254. RIGHT TO USE REASONABLE SUBSTITUTION METHODS

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

255. CLIENT RESPONSIBILITY FOR MAINTAINING WARRANTY CONDITIONS

Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

256. NO RESPONSIBILITY FOR TEMPORARY APPEARANCE DURING CONSTRUCTION

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

257. RIGHT TO DENY WARRANTY CLAIMS CAUSED BY THIRD PARTIES

Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations.

258. NO LIABILITY FOR DELAYS CAUSED BY CLIENT CONSULTANTS

Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.

259. RIGHT TO RELY ON EXISTING SITE CONDITIONS WITHOUT INVASIVE TESTING

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions.

260. PRESERVATION OF MAXIMUM CONTRACTOR PROTECTIONS

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

Client Disclosures, Financing & Construction Methods

261. NO RESPONSIBILITY FOR CLIENT FAILURE TO READ DOCUMENTS

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.

262. RIGHT TO RELY ON OWNER REPRESENTATIONS REGARDING PROPERTY OWNERSHIP

Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

263. NO RESPONSIBILITY FOR PRE-EXISTING ENERGY EFFICIENCY DEFICIENCIES

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

264. RIGHT TO MODIFY SCHEDULING DUE TO TRADE AVAILABILITY

Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.

265. CLIENT RESPONSIBILITY FOR REMOVAL OF HAZARDOUS PERSONAL ITEMS

Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Contractor may suspend work or restrict access where unsafe, hazardous, environmental, aggressive, threatening, or commercially unreasonable conditions exist. Environmental testing, remediation, abatement, and safety measures may require additional cost and time.

266. NO LIABILITY FOR INCIDENTAL DAMAGE TO LANDSCAPING

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

267. RIGHT TO UTILIZE ALTERNATIVE SUPPLIERS

Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling.

268. NO GUARANTEE OF EXISTING STRUCTURAL SQUARENESS OR LEVELNESS

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions.

269. CLIENT RESPONSIBILITY FOR PROVIDING ACCURATE EXISTING INFORMATION

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

270. RIGHT TO PAUSE WORK FOR MISSING INFORMATION

Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.

271. NO RESPONSIBILITY FOR MUNICIPAL REINSPECTION COSTS CAUSED BY OTHERS

Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

272. RIGHT TO MAINTAIN INTERNAL QUALITY CONTROL STANDARDS

Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations.

273. CLIENT RESPONSIBILITY FOR TIMELY FINANCING DISBURSEMENTS

Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

274. NO LIABILITY FOR PRE-EXISTING MOISTURE OR HUMIDITY CONDITIONS

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

275. RIGHT TO DETERMINE REASONABLE CONSTRUCTION MEANS & METHODS

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

276. NO REQUIREMENT TO WARRANTY IMPROPER OWNER MAINTENANCE

Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

277. RIGHT TO REQUIRE JOBSITE ACCESS DURING NORMAL BUSINESS HOURS

Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.

278. NO LIABILITY FOR PRE-EXISTING UTILITY CODE VIOLATIONS

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

279. RIGHT TO REQUIRE UPDATED PRICING FOR DELAYED CHANGE ORDERS

Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.

280. MAXIMUM CUMULATIVE INTERPRETATION OF PROTECTIONS

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

Collections, Internal Costs & Project Control

281. RIGHT TO RECOVER ADMINISTRATIVE COLLECTION COSTS

Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law.

282. NO RESPONSIBILITY FOR DAMAGE CAUSED BY EXISTING FRAGILE CONDITIONS

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

283. RIGHT TO UTILIZE TEMPORARY POWER & WATER

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions.

284. NO LIABILITY FOR CLIENT FAILURE TO DISCLOSE PRIOR ISSUES

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

285. RIGHT TO REQUIRE PROGRESS PAYMENTS PRIOR TO CONTINUED PERFORMANCE

Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law.

286. NO RESPONSIBILITY FOR THIRD-PARTY PRODUCT REPRESENTATIONS

Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.

287. RIGHT TO CORRECT WORK IN COMMERCIALLY REASONABLE MANNER

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

288. NO RESPONSIBILITY FOR EXISTING SUBFLOOR OR FRAMING IRREGULARITIES

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

289. RIGHT TO REQUIRE UPDATED MATERIAL PRICING DURING PROCUREMENT DELAYS

Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations. Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.

290. NO LIABILITY FOR PROJECT IMPACTS CAUSED BY CLIENT VENDORS

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.

291. RIGHT TO MAINTAIN CONTROL OF PROJECT SCHEDULE

Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations. Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.

292. NO REQUIREMENT TO PROVIDE COST BREAKDOWN BEYOND AGREED DOCUMENTATION

Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.

293. CLIENT RESPONSIBILITY FOR DAMAGE CAUSED BY OWNER-DIRECTED ACCESS

Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

294. RIGHT TO ENFORCE MINIMUM SERVICE CHARGES

Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.

295. NO LIABILITY FOR TEMPORARY INTERRUPTION OF OWNER COMFORT

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

296. RIGHT TO RELY ON VISUAL APPROVALS

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

297. NO RESPONSIBILITY FOR NORMAL MATERIAL EXPANSION & CONTRACTION

Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

298. RIGHT TO RECOVER COSTS CAUSED BY OWNER INTERFERENCE

Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

299. NO RESPONSIBILITY FOR FUTURE THIRD-PARTY ALTERATIONS

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.

300. MAXIMUM ENFORCEMENT & SURVIVAL OF CONTRACTOR PROTECTIONS

Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.

Long-Term Project, Engineering, Staffing & Force Majeure

301. RIGHT TO REQUIRE SITE PREPARATION PRIOR TO MOBILIZATION

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

302. NO RESPONSIBILITY FOR OWNER FAILURE TO FOLLOW MAINTENANCE RECOMMENDATIONS

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

303. RIGHT TO REQUIRE FINAL WALKTHROUGH PRIOR TO WARRANTY PERIOD COMMENCEMENT

Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations.

304. NO LIABILITY FOR HIDDEN DAMAGE CAUSED DURING NECESSARY DEMOLITION

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

305. RIGHT TO REQUIRE CURRENT MARKET PRICING FOR LONG-TERM PROJECTS

Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law.

306. NO RESPONSIBILITY FOR OWNER FAILURE TO MAINTAIN INSURANCE

Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

307. RIGHT TO REASONABLY RELY ON THIRD-PARTY INSPECTIONS & REPORTS

Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.

308. NO RESPONSIBILITY FOR PRE-EXISTING FOUNDATION MOVEMENT

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

309. RIGHT TO USE TEMPORARY WEATHER PROTECTION METHODS

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

310. NO LIABILITY FOR CONSEQUENTIAL DESIGN OUTCOMES

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client-approved plans, layouts, selections, drawings, specifications, colors, finishes, and design decisions are accepted at Client responsibility, subject to field conditions, industry tolerances, natural variation, and product limitations. Contractor does not guarantee exact matches, subjective aesthetic satisfaction, perfect alignment, or outcomes not expressly documented in writing.

311. RIGHT TO REQUIRE ADVANCE NOTICE FOR AFTER-HOURS ACCESS

Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.

312. NO RESPONSIBILITY FOR DELAYS CAUSED BY UTILITY PROVIDERS

Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions. Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

313. RIGHT TO REJECT UNREASONABLE OWNER DIRECTIVES

Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

314. NO LIABILITY FOR DAMAGE CAUSED BY FORCE MAJEURE EVENTS

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

315. RIGHT TO RECOVER COSTS FOR OWNER-CAUSED REWORK

Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

316. NO RESPONSIBILITY FOR CLIENT FAILURE TO OBTAIN TAX OR LEGAL ADVICE

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.

317. RIGHT TO DETERMINE REASONABLE PROJECT STAFFING

Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.

318. NO LIABILITY FOR OWNER-SELECTED LOWEST COST OPTIONS

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

319. RIGHT TO REQUIRE EXECUTED DOCUMENTATION PRIOR TO PROCUREMENT

Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations. Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.

320. MAXIMUM CONTINUING PRESERVATION OF CONTRACTOR RIGHTS

Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.

Extended Duration, Existing Systems & Digital Evidence

321. RIGHT TO CHARGE FOR EXTENDED PROJECT DURATION

Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law.

322. NO RESPONSIBILITY FOR EXISTING WINDOW OR DOOR PERFORMANCE

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

323. RIGHT TO REQUIRE REASONABLE SITE CONDITIONS FOR WARRANTY WORK

Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations.

324. NO LIABILITY FOR OWNER-SELECTED INCOMPATIBLE PRODUCTS

Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

325. RIGHT TO REASONABLY INTERPRET PLANS & SPECIFICATIONS

Client-approved plans, layouts, selections, drawings, specifications, colors, finishes, and design decisions are accepted at Client responsibility, subject to field conditions, industry tolerances, natural variation, and product limitations. Contractor does not guarantee exact matches, subjective aesthetic satisfaction, perfect alignment, or outcomes not expressly documented in writing.

326. NO RESPONSIBILITY FOR PRE-EXISTING ROOFING CONDITIONS

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

327. RIGHT TO REQUIRE PAYMENT FOR STORED MATERIALS

Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling.

328. NO LIABILITY FOR DAMAGE CAUSED BY OWNER OCCUPANCY DURING CONSTRUCTION

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

329. RIGHT TO DETERMINE REASONABLE CLEANING STANDARDS

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

330. NO RESPONSIBILITY FOR CLIENT FAILURE TO SECURE VALUABLES

Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

331. RIGHT TO MODIFY PROCUREMENT STRATEGY

Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations.

332. NO LIABILITY FOR EXISTING SLAB OR FOUNDATION IMPERFECTIONS

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

333. RIGHT TO REQUIRE UPDATED DRAWINGS FOR FIELD CHANGES

Client-approved plans, layouts, selections, drawings, specifications, colors, finishes, and design decisions are accepted at Client responsibility, subject to field conditions, industry tolerances, natural variation, and product limitations. Contractor does not guarantee exact matches, subjective aesthetic satisfaction, perfect alignment, or outcomes not expressly documented in writing.

334. NO RESPONSIBILITY FOR DAMAGE CAUSED BY THIRD-PARTY INSPECTORS OR CONSULTANTS

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.

335. RIGHT TO SUSPEND WORK FOR NONRESPONSIVE CLIENTS

Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

336. NO LIABILITY FOR NORMAL CONSTRUCTION VIBRATION

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

337. RIGHT TO UTILIZE DIGITAL RECORDS AS EVIDENCE

Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.

338. NO RESPONSIBILITY FOR AESTHETIC EXPECTATIONS NOT EXPRESSLY DOCUMENTED

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due. Client-approved plans, layouts, selections, drawings, specifications, colors, finishes, and design decisions are accepted at Client responsibility, subject to field conditions, industry tolerances, natural variation, and product limitations. Contractor does not guarantee exact matches, subjective aesthetic satisfaction, perfect alignment, or outcomes not expressly documented in writing.

339. RIGHT TO RECOVER COSTS CAUSED BY INACCURATE CLIENT INFORMATION

Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

340. MAXIMUM PRESERVATION OF CONTRACTOR OPERATIONAL CONTROL

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

Storage, Specialty Systems, Temporary Conditions & Business Protections

341. RIGHT TO REQUIRE SAFE MATERIAL STORAGE CONDITIONS

Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling.

342. NO LIABILITY FOR OWNER OR THIRD-PARTY DAMAGE TO COMPLETED WORK

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.

343. RIGHT TO RECOVER COSTS CAUSED BY REPEATED CLIENT REVISIONS

Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

344. NO GUARANTEE OF EXISTING SYSTEM LIFE EXPECTANCY

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions.

345. RIGHT TO REASONABLY RESEQUENCE TRADES

Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.

346. NO LIABILITY FOR PRE-EXISTING MANUFACTURER DEFECTS

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.

347. RIGHT TO REQUIRE ADEQUATE VENTILATION DURING CONSTRUCTION

Contractor may suspend work or restrict access where unsafe, hazardous, environmental, aggressive, threatening, or commercially unreasonable conditions exist. Environmental testing, remediation, abatement, and safety measures may require additional cost and time.

348. NO LIABILITY FOR EXISTING CODE CHANGES AFTER PERMIT ISSUANCE

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

349. RIGHT TO REQUIRE PROJECT SITE CONTROL

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

350. NO RESPONSIBILITY FOR DAMAGE CAUSED BY OWNER-RETAINED SPECIALTY SYSTEMS

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

351. RIGHT TO RECOVER COSTS FOR PROJECT RESTART

Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.

352. NO LIABILITY FOR TEMPORARY WATER INTRUSION DURING ACTIVE CONSTRUCTION

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

353. RIGHT TO REQUIRE TIMELY WRITTEN OBJECTIONS

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

354. NO LIABILITY FOR OWNER-DIRECTED DESIGN COMPROMISES

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Client-approved plans, layouts, selections, drawings, specifications, colors, finishes, and design decisions are accepted at Client responsibility, subject to field conditions, industry tolerances, natural variation, and product limitations. Contractor does not guarantee exact matches, subjective aesthetic satisfaction, perfect alignment, or outcomes not expressly documented in writing.

355. RIGHT TO RELY ON INDUSTRY TOLERANCES FOR REMODELING WORK

Client-approved plans, layouts, selections, drawings, specifications, colors, finishes, and design decisions are accepted at Client responsibility, subject to field conditions, industry tolerances, natural variation, and product limitations. Contractor does not guarantee exact matches, subjective aesthetic satisfaction, perfect alignment, or outcomes not expressly documented in writing.

356. NO LIABILITY FOR CONSEQUENTIAL DELAYS CAUSED BY CLIENT NONPERFORMANCE

Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

357. RIGHT TO DETERMINE REASONABLE PROCUREMENT ALTERNATIVES

Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations.

358. NO RESPONSIBILITY FOR DAMAGE CAUSED BY EXISTING IMPROPER INSTALLATIONS

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

359. RIGHT TO REQUIRE PROJECT COMMUNICATION THROUGH DESIGNATED CONTACTS

Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due. Client-approved plans, layouts, selections, drawings, specifications, colors, finishes, and design decisions are accepted at Client responsibility, subject to field conditions, industry tolerances, natural variation, and product limitations. Contractor does not guarantee exact matches, subjective aesthetic satisfaction, perfect alignment, or outcomes not expressly documented in writing.

360. MAXIMUM PRESERVATION OF CONTRACTOR BUSINESS PROTECTIONS

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

Expedited Requests, Field Verification & Owner Neglect

361. RIGHT TO RECOVER COSTS FOR EXPEDITED OWNER REQUESTS

Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

362. NO LIABILITY FOR DAMAGE CAUSED BY EXISTING WATER MIGRATION

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

363. RIGHT TO REQUIRE FIELD VERIFICATION PRIOR TO FABRICATION

Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling.

364. NO LIABILITY FOR OWNER FAILURE TO MAINTAIN ENVIRONMENTAL CONDITIONS

Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Contractor may suspend work or restrict access where unsafe, hazardous, environmental, aggressive, threatening, or commercially unreasonable conditions exist. Environmental testing, remediation, abatement, and safety measures may require additional cost and time.

365. RIGHT TO REASONABLY DETERMINE SUBSTANTIAL COMPLETION

Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations.

366. NO RESPONSIBILITY FOR TEMPORARY CONSTRUCTION APPEARANCE

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

367. RIGHT TO REQUIRE UPDATED ENGINEERING FOR UNFORESEEN CONDITIONS

Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.

368. NO LIABILITY FOR OWNER-RETAINED MATERIAL STORAGE CONDITIONS

Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

369. RIGHT TO RECOVER COSTS CAUSED BY TRADE STACKING OR RESEQUENCING REQUESTS

Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.

370. NO LIABILITY FOR DAMAGE CAUSED BY EXISTING STRUCTURAL MOVEMENT

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

371. RIGHT TO REQUIRE REASONABLE ACCESS FOR INSPECTIONS & CLOSEOUT

Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.

372. NO RESPONSIBILITY FOR OWNER-DIRECTED INSTALLATION METHODS

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

373. RIGHT TO UTILIZE COMMERCIALLY REASONABLE TEMPORARY SOLUTIONS

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

374. NO LIABILITY FOR DAMAGE CAUSED BY OWNER FAILURE TO CONTROL SITE CONDITIONS

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

375. RIGHT TO REQUIRE CURRENT MARKET PRICING FOR DELAYED PROCUREMENT

Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations. Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.

376. NO RESPONSIBILITY FOR DAMAGE TO UNMARKED UTILITIES

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

377. RIGHT TO DETERMINE REASONABLE PROJECT ADMINISTRATION PROCEDURES

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

378. NO LIABILITY FOR CONSEQUENTIAL IMPACTS OF TEMPORARY WORK STOPPAGES

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

379. RIGHT TO RECOVER COSTS CAUSED BY EXCESSIVE OWNER INVOLVEMENT

Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

380. MAXIMUM CONTINUING PRESERVATION OF CONTRACTOR LEGAL PROTECTIONS

Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.

Project Pause, Restart, Underground Conditions & Final Enforceability

381. RIGHT TO REQUIRE WRITTEN PROJECT PAUSE AUTHORIZATION

Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.

382. NO LIABILITY FOR EXISTING MOISTURE ENTRAPMENT CONDITIONS

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

383. RIGHT TO DETERMINE REASONABLE PROJECT STAFFING ROTATION

Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.

384. NO LIABILITY FOR DELAYS CAUSED BY SPECIALTY MATERIAL FABRICATION

Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

385. RIGHT TO REQUIRE REASONABLE ACCESS TO UTILITIES

Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.

386. NO RESPONSIBILITY FOR OWNER FAILURE TO OBTAIN THIRD-PARTY CONSENTS

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.

387. RIGHT TO RELY ON REASONABLY AVAILABLE SITE INFORMATION

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

388. NO LIABILITY FOR OWNER DELAY IN PROVIDING FINISH SELECTIONS

Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

389. RIGHT TO REQUIRE PROJECT RESTART APPROVALS

Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.

390. NO LIABILITY FOR INCIDENTAL DAMAGE CAUSED BY COMMERCIALLY REASONABLE DEMOLITION

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

391. RIGHT TO DETERMINE REASONABLE MATERIAL INSTALLATION METHODS

Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling.

392. NO LIABILITY FOR FUTURE OWNER NEGLECT

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

393. RIGHT TO REQUIRE UPDATED MATERIAL AVAILABILITY CONFIRMATION

Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling.

394. NO RESPONSIBILITY FOR EXISTING FRAMING OR STRUCTURAL VARIANCES

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

395. RIGHT TO REQUIRE WRITTEN WARRANTY CLAIM SUBMISSION

Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations.

396. NO LIABILITY FOR EXISTING UNDERGROUND CONDITIONS

Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

397. RIGHT TO DETERMINE REASONABLE PROJECT CLOSEOUT PROCEDURES

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

398. NO LIABILITY FOR DELAYS CAUSED BY MULTIPLE OWNER REPRESENTATIVES

Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.

399. RIGHT TO RECOVER COSTS CAUSED BY PROJECT FRAGMENTATION

Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law.

400. MAXIMUM CONTINUING ENFORCEABILITY OF CONTRACTOR RIGHTS

Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.

 

 

Website Terms & Conditions Addendum

401. WEBSITE INFORMATION DISCLAIMER

Website content, examples, pricing references, project photos, timelines, and descriptions are for general informational purposes only and do not constitute binding proposals, warranties, or final contractual commitments unless expressly confirmed in writing by Contractor.

402. NO GUARANTEE OF WEBSITE ACCURACY

Website content, examples, pricing references, project photos, timelines, and descriptions are for general informational purposes only and do not constitute binding proposals, warranties, or final contractual commitments unless expressly confirmed in writing by Contractor.

403. ESTIMATES & CONSULTATIONS DISCLAIMER

To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.

404. INTELLECTUAL PROPERTY PROTECTION

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

405. NO RELIANCE ON WEBSITE CONTENT

Website content, examples, pricing references, project photos, timelines, and descriptions are for general informational purposes only and do not constitute binding proposals, warranties, or final contractual commitments unless expressly confirmed in writing by Contractor.

406. THIRD-PARTY LINKS & PRODUCTS DISCLAIMER

Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.

407. ELECTRONIC COMMUNICATION CONSENT

Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.

408. WEBSITE SUBMISSIONS NOT CONFIDENTIAL

Website content, examples, pricing references, project photos, timelines, and descriptions are for general informational purposes only and do not constitute binding proposals, warranties, or final contractual commitments unless expressly confirmed in writing by Contractor.

409. RIGHT TO REFUSE SERVICE

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

410. GOVERNING LAW & VENUE

Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.

411. ELECTRONIC ACCEPTANCE

Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.

412. SEVERABILITY

This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.

413. ENTIRE WEBSITE AGREEMENT

Website content, examples, pricing references, project photos, timelines, and descriptions are for general informational purposes only and do not constitute binding proposals, warranties, or final contractual commitments unless expressly confirmed in writing by Contractor.

414. RESERVATION OF ALL RIGHTS

Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.