Payment is due upon completion of the work outlined above on the last day of installation unless other arrangements have been made and included in your agreement.
If this agreement includes foundation work, then the work to be performed under this contract is designed to attempt to return the foundation to as near its original horizontal position as possible. The house will be lifted until, in the sole opinion of PermaTech Foundation Repair, hereinafter referred to as COMPANY, further raising will produce unacceptable damage to the foundation or structure.
If this agreement includes drainage work, then the work to be performed under this contract is designed to attempt to redirect the excessive water observed by the homeowner on the owners property to a spot that can drain more naturally or away from any supporting strata for any buildings on the property.
The stabilization or stopping of foundation settlement through the use of piers, drainage, or root barriers can and may reverse the damage already done to the foundation and structure and can and may cause or create new damage by movement or lack of movement.
The COMPANY has no obligation to repair or replace any damage whether it is exposed, concealed, or buried, to the foundation, structure, floors, plumbing*, roofing, electrical wiring, other portions of the structure and its systems, furniture, fixtures, furnishings, landscaping, vegetation, wood or other decks, spas, or personal property without regard to when or where said damage occurs.
If spread footings, builders, drilled piers, and/or tree stumps that are too tall are discovered after work has begun and it is necessary to remove or cut them loose from the foundation, an additional fee of $200.00 will be due for each spread footing, builder, stump, or drilled pier that must be removed or cut off from the foundation.
If after work had begun, it is discovered that the foundation has been constructed of substandard materials and lacks the structural strength necessary to properly transfer the load imposed by underpinning, there may be an adjustment in the contract price and scope of work. Substandard construction is usually not discovered until work has begun and possibly not until a lift is attempted.
Owner shall supply COMPANY with water and electricity at owner’s expense. COMPANY must have access to the breaker box at all times and must enter the interior of the dwelling at the time it is lifted. If no electricity is provided homeowner will be billed an additional $100 to cover the use and expense of a portable generator. If no water is supplied COMPANY will no longer be responsible for compacting the holes properly.
Interior pier locations will be determined at the time of installation. If the home is a slab our intention is to install the piers underneath interior grade beams. It is impossible to know where a home’s interior grade beams are located, or if they exist at all. If no interior grade beams are located in the area where piers are needed COMPANY will install steel angle beams under the slab. The customer will be billed $225/ea if angle beams are installed. If interior piers necessitate the removal of flooring to install, then COMPANY will not be responsible for the replacement or repairs of the affected floors or the cleaning of dust or other messes derived from the installation of those interior piers that could spread throughout the home.
If soils with excessive root systems or buried rock and/or concrete are discovered after work has begun and it is necessary to remove, jackhammer or cut these items from the soil, an additional fee will be presented to the homeowner based on how long we believe this will take. Or if we need to redirect the drainage this might add additional footage to the quote.
*Note: COMPANY requires that the plumbing be tested after any foundation work is done. The Owner is responsible for having the tests performed unless testing is included in the repair specifications listed on the front of the agreement. Any plumbing leaks detected after the foundation repairs have been completed are the sole responsibility of the Owner and must be repaired within a reasonable period of time or the warranty will be voided. To properly test a sewage line, it is necessary to have a working sewage cleanout. If a suitable cleanout is not found by the plumber after a reasonable search, the line itemed test will be deemed complete with regards to this contract, but then the homeowner will be responsible for having the test actually completed. To do this they need to have a cleanout installed, then have the plumbing tested. A passing plumbing test must be provided to COMPANY to release the warranty and complete the project.
It is the intention of the COMPANY to either
LIFETIME WARRANTY: Any PT1, PT2, AND PT3 systems will be warrantied for the lifetime of the original structure they support.
10 YEAR WARRANTY: Any drilled pier system will be warrantied for 10 years starting on the date it was installed.
5 YEAR WARRANTY: Any spread footings, sono-tubes, mud jack work, drainage work, drip systems, and root barrier systems will be warrantied for 5 years starting on the date it was installed.
2 YEAR WARRANTY: Any crawl space work involving wood replacement or addition, rework of existing supports, addition of new pad & block supports.
DIRECTIONS FOR FILING A CLAIM
If you believe that you have a warranty claim please visit the warranty page at (www.Perma.Tech/warranty), there you will find a form you must submit to start the process. Only the owner of the warranty can proceed, if you are a new owner, please see below on instructions on how to transfer your warranty. Once the form has been submitted a consultant will reach out to you to schedule a time to perform an inspection.
FOR FOUNDATION WORK
The goal of the inspection is to determine the cause of the failure so that we can prevent further adjustments after these adjustments. Depending on the findings of the inspection it might be required to perform a leak test or to correct specific maintenance issues before adjustments can be made. As with any type of foundation work, a engineering report and post installation leak test are required and are not covered under this warranty unless it is determined that the cause of the failure was the piers themselves, not due to external causes (poor maintenance, leaks, etc.). To protect the homeowner, they may choose to hire their own engineer to determine the cause of the failure. If the engineer determines the piers failed on their own, COMPANY will reimburse for the cost of the engineering report.
If your claim is approved adjustments will be done at the rates listed below. If your claim is denied you may still be eligible to have your piers adjusted at the current adjustment cost at time of claim.
Warranty adjustment rates: PT1: $100/pier. Any other piers or supports: $0/support
Any other costs associated with adjusting these piers will be charged to the customer at the rate of those services at the time of the adjustments. This includes, but is not limited to any breakouts, reports, tests, permitting, dirt removal, void filling, landscaping, and tunneling. Nor will it cover any cosmetic or structural damage to the structure as a result of a moving foundation.
FOR DRAINAGE, ROOT BARRIERS, DRIP SYSTEMS
The goal of the inspection is to determine the cause of the failure so that we can prevent further failure. Depending on the findings of the inspection it might be required to correct specific maintenance issues before repairs to the systems can be made. Any material and labor directly related to the installation or repairing of systems will be covered under this warranty. Any other costs associated with repairing these systems will be charged to the customer at a rate of those services at the time of the adjustments. This includes, but is not limited to any breakouts, reports, tests, permitting, dirt removal, void filling, tunneling, and landscaping. Nor will it cover any damages to the property as a result of a failed system.
THIS WARRANTY SHALL BE NULL AND VOID IF:
– Full payment is not made within 30 days of the specified due date.
– An additional story is added to the structure or changes of a similar scope are made, without prior written approval of COMPANY, when such changes would affect loads on the foundation for any piers or supports that are installed.
– The structure or system installed is sited on a fault or is affected by an earthquake.
– Underground facilities or swimming pools are installed within a horizontal distance from the foundation equal to or less than their depth for any piers or supports installed.
– The foundation or system is undermined (i.e. soil slumping, eroding, plumbing leaks, creek beds, excavations, groundwater, improper drainage, etc.)
– Any accidental or intentional damage, terrorism, fire, flood, windstorm, earthquake or other acts of God.
– Structure or system is not reasonably maintained (i.e. proper or controlled watering, etc.) or drainage system cleaned yearly.
– Maintenance recommendations provided by a structural engineer and/or the COMPANY are not followed.
TRANSFER OF WARRANTY
COMPANY requires the transfer of its warranty to the new owners, so that COMPANY may educate them on proper maintenance. To start the transfer, a form on COMPANY website (www.Perma.Tech/warranty) must be submitted within 90 days of sale of property. COMPANY will then transfer all important documents to new owner, as well as a maintenance pledge that must be understood and signed. There is no cost to transfer the warranty the first time, every time thereafter the cost to transfer will be $150. If form is submitted later than 90 days, an additional fee of $150 is applied to cover the cost of an inspection that must take place to assure no settlement has occurred from lack of proper maintenance. If no settlement has occurred, then the transfer can proceed as normal. If settlement has occurred as a result of poor maintenance, then adjustments at owner’s expense must be performed in order to transfer the warranty as normal. COMPANY reserves the right to change the details of the warranty at every transfer to the most current version.
ARBITRATION OF DISPUTES
With the exception of debt collection, the owner and COMPANY agree that any dispute, or lawsuit related in any way to this agreement or the work related thereto, shall be resolved by mandatory and binding arbitration administered by the American Arbitration Association (AAA) in accordance with this arbitration agreement and under the commercial arbitration rules of the AAA with the stipulation that in the event of arbitration, the arbitrator shall require the losing party to pay the winning party’s costs, including reasonable attorney’s fees, and the arbitrator shall be an engineer or builder with experience in building, designing or analyzing the type of project being performed by this agreement. Owner and COMPANY agree that, in any arbitration proceeding, COMPANY’S liability shall be limited to the amount paid to the COMPANY by the owner under this contract.
DEBT COLLECTION (INTEREST, PENALTIES & LATE FEES)
The COMPANY can and will utilize all remedies allowed by law when it comes to the collection of unpaid balances. A $50 late fee will be assessed for any payment that is not paid within 3 business days of the due date and interest will be charged at a rate of 15% per year of the balance due compounded every month starting 1 month after the due date. Mechanics liens will be filed on any property that work is completed on and not paid within 2 weeks from the date the work is completed and owner will forfeit any and all discounts offered. All costs associated with the collection of this debt, court costs, attorneys fees and county filing fees, will be responsibility of the owner.
A customer may cancel an agreement with COMPANY at any time by providing a written request by email to firstname.lastname@example.org. The homeowner will also be responsible for any extra charges incurred on behalf of the project prior to cancellation. Receipts will be provided upon request.
The COMPANY may terminate this contract and warranty at any time by paying to the current owner an amount equal to the total payments made under the original contract or a mutually agreed on amount. No changes to this document will be valid unless approved in writing by both parties.