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Licensed General Contractor – State of Florida (CBC1264450)
475 S.E. 1st Avenue, Unit C, Delray Beach, FL 33444
Phone: (561) 932-6348
Website: https://www.qms209.com

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict-of-law rules. Any legal action, claim, lien enforcement, arbitration, or proceeding arising out of or relating to this Agreement shall be brought exclusively in Palm Beach County, Florida, and the parties irrevocably consent to the jurisdiction and venue of such courts.

All payments are due strictly in accordance with the agreed payment schedule. Any amount not paid when due shall accrue interest at the maximum rate permitted under Florida law, not to exceed 18% per annum, from the due date until paid in full.

Contractor may suspend work immediately upon non-payment without penalty. Any resulting delays, remobilization costs, material price increases, or schedule extensions shall be the Owner’s sole responsibility.

In any dispute, claim, collection effort, lien enforcement, or legal proceeding arising from this Agreement, the prevailing party shall be entitled to recover all attorneys’ fees, court costs, expert witness fees, collection costs, and administrative expenses, whether incurred before suit, during litigation, or on appeal.

Nothing contained in this Agreement shall be deemed a waiver of Contractor’s rights under Florida’s Construction Lien Law (Chapter 713, Florida Statutes). Contractor shall not be required to provide unconditional lien waivers prior to receipt of cleared funds. Partial payments do not constitute a waiver of lien rights unless expressly stated in a statutory lien waiver

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Owner agrees that during the term of this Agreement and for twenty-four (24) months following completion, termination, or abandonment of the project, Owner shall not directly or indirectly solicit, hire, engage, contract with, or otherwise obtain services from any employee, subcontractor, supplier, consultant, or trade partner introduced by or associated with Contractor.

This restriction includes engagement through affiliates, related parties, investors, property managers, family members, trusts, successors, or third parties.

Liquidated Damages: Owner agrees to liquidated damages of $25,000 per violation or the full contract value (whichever is greater), in addition to injunctive relief and recovery of attorneys’ fees, pursuant to Florida Statute §542.335.

If Owner is a corporation, LLC, partnership, trust, or other legal entity, the individual executing this Agreement on behalf of Owner personally guarantees full payment and performance and waives any defenses based on entity separation.

To the fullest extent permitted by Florida law, Contractor’s total liability shall not exceed the total amount actually paid to Contractor under this Agreement. Contractor shall not be liable for consequential, incidental, special, or delay damages, including loss of use or lost profits.

Contractor shall not be liable for delays or damages caused by events beyond its reasonable control, including but not limited to weather, inspections, material shortages, supply chain disruptions, labor disputes, governmental actions, or acts of God.

These Master Terms & Conditions, together with the Proposal, Change Orders, Invoices, and related documents, constitute the entire agreement between the parties. No oral statements or prior representations shall be binding. Any modification must be in writing and signed by both parties.

Execution of a Proposal, issuance of a Notice to Proceed, approval of Change Orders, or payment of any invoice shall constitute acceptance of these Master Terms & Conditions.

All provisions relating to payment, lien rights, non-solicitation, attorneys’ fees, governing law, venue, limitation of liability, and guaranty shall survive completion, termination, or final payment.

If any provision of these Master Terms & Conditions is held unenforceable, the remaining provisions shall remain in full force and effect.

OWNER ACKNOWLEDGMENT