1. Agreement & Parties

Contractor: J.O.A.T Construction & Remodels (“Contractor”), Nephi Barlow, serving Brigham City and Northern Utah. License/insurance documentation available upon request.

2. Scope of Work — General Contracting / Custom Project

Contractor shall perform the following services related to this service category, as further detailed in the written Estimate attached or referenced by agreement number:

• Performance of construction, remodel, or repair services described in the attached or referenced Estimate / Scope of Work.
• Labor, materials, and subcontracted trades expressly included in writing.
• Project coordination for included scopes.
• Final walkthrough and punch-list completion for included work.

3. Exclusions

Unless listed in the Estimate or a signed Change Order, the following are not included:

• Any work not listed in the Estimate or approved Change Order.
• Delays caused by Customer selections, other contractors hired by Customer, or force majeure events.
• Design services, engineering, or architectural drawings unless contracted.

4. Customer Responsibilities

• Provide timely decisions, payments, and access.
• Disclose known hazardous materials or site constraints.
• Keep children and pets away from active work zones.

5. Schedule

6. Contract Price & Payment Schedule

Warranty — General Contracting / Custom Project

Contractor warrants workmanship for twelve (12) months from substantial completion of the contracted scope upon full payment, limited to repair or re-performance of defective workmanship. Manufacturer warranties apply to materials and equipment.

7. Payment Terms

Customer agrees to pay the Contract Price according to the schedule above. A deposit may be required before materials are ordered or work begins. Progress payments are due within three (3) business days of invoice unless otherwise stated. Final payment is due upon substantial completion. Late balances may accrue a service charge of 1.5% per month (or the maximum allowed by Utah law, whichever is less). Contractor may suspend work for non-payment without liability for delay.

8. Change Orders

Any modification to scope, materials, schedule, or price must be documented in a written Change Order signed by both parties (email confirmation acceptable). Concealed or unknown conditions discovered during work will be priced fairly and presented before proceeding, except emergency measures to protect the property.

9. Schedule

Start and completion dates are estimates based on weather, material lead times, site access, and Customer decisions. Contractor will use commercially reasonable efforts to meet the schedule and will communicate material delays promptly.

10. Permits, Codes & Insurance

Unless the Estimate states that Contractor will pull permits, Customer is responsible for required permits and HOA approvals. Contractor maintains general liability insurance and will provide proof upon request. Customer should maintain property insurance. Contractor’s workers are covered as required by law.

11. Site Conditions & Customer Property

Customer represents they own the property or have authority to authorize the work. Customer is responsible for marking private utilities. Contractor will take reasonable care but is not liable for unmarked underground lines, pre-existing damage, or normal construction dust beyond reasonable cleanup of Contractor’s work areas.

12. Limitation of Liability

To the fullest extent permitted by Utah law, Contractor’s total liability under this Agreement is limited to the amounts paid by Customer for the specific scope giving rise to the claim. Contractor is not liable for incidental, consequential, or lost-use damages. Nothing herein limits liability for gross negligence or willful misconduct.

13. Dispute Resolution & Governing Law

This Agreement is governed by the laws of the State of Utah. Parties will first attempt good-faith negotiation. If unresolved, disputes shall be resolved in the state courts of Box Elder County, Utah (or other Utah venue of proper jurisdiction). The prevailing party may recover reasonable attorney fees and costs.

14. Termination

Either party may terminate for material breach after written notice and a five (5) day cure period (or immediately for safety/non-payment). Upon termination, Customer shall pay for all completed work, ordered materials that cannot be restocked, and reasonable demobilization costs.

15. Entire Agreement

This Agreement, together with the written Estimate / Scope of Work and any Change Orders, is the entire agreement between the parties and supersedes prior oral statements. If any provision is held unenforceable, the remainder stays in effect. Electronic signatures and PDF counterparts are valid.

16. Signatures

By signing, each party acknowledges they have read and agree to this Service Agreement for General Contracting / Custom Project.