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Contrato Kimota 334 Ranch
Contrato Kimota 334 Ranch
Contrato Kimota 334 Ranch
THIS AGREEMENT, made as of July 3rd, 2023, is entered into by Kimota LLC. (hereinafter referred to as
“the Owner” and Smart Homes Construction Corp. (hereinafter referred to as “the Developer”).
For the Project: 334 Ranch Ave., Lehigh Acres. Florida, “Residential Single - New Construction”.
5.1 The Developer shall keep full and detailed records and accounts related to the cost of the work.
5.2 The Developer will provide to the Owner the job cost report and other information related to this
contract.
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ARTICLE 6. PAYMENTS.
6.1 PAYMENT SCHEDULE
6.1.1 The Owner will make payments to the Developer pursuant to the construction schedule as work
required by said schedule is satisfactorily completed. Payments shall be made by Check or Wire Transfer
from the Owners business account to the Developers designated account. The Owner shall pay the
Developer within five (5) working days after request by Developer. Should the Owner fail to make
payment, the Developer may charge a penalty of twenty (20) percent annually upon the unpaid amount
until paid.
Phase 1. Land, survey, signing of the contract and permits application: 25% of total contract price.
Phase 2. Ground break. Upon permit issuance: 30% of total contract price.
Phase 3. Slab, blocks, framing and roofing finished: 30% of total contract price.
Phase 4. Once the Certificate of Occupancy is approved or the following tasks are completed: Wall
installations, paint, tile installation and interior details: 15% plus any remaining due balance.
6.1.3 The Owner will pay a management fee to the Developer amounting to 8% of the contract price as
defined in clause 4.3.
6.1.4 The management fee is calculated on the estimated total construction cost. Once the job has been
completed and the final amount cleared the final management fee will be calculated and any pending
amounts will be due. In the event total construction cost is lower than estimated, then the management fee
will remain at 8% of the estimated cost on this document.
6.1.5 The owner shall make the required payment in conformity with what was agreed between the
Developer and subcontractors.
6.1.6 If payment is not received by the Contractor within seven (7) working days after delivery of
payment demand for work satisfactorily completed, the Developer shall have the right to stop work or
terminate the contract at his option. Termination by the Developer under the provisions of this paragraph
shall not relieve the Owner of the obligations of payments to the Developer for that part of the work
performed prior to such termination. Termination by Owner under the provisions of this paragraph shall
not relieve the Owner of the obligations of payments to the Developer for that part of the work performed
prior to such termination.
6.1.6 Owner shall disburse funds to the Developer and the Developer shall make payments to sub-
contractors.
6.2.1 Final payment constituting the entire unpaid balance of the contract sum, shall be made by the
Owner to the Developer no later than ten (10) days after last inspection was accepted, or the Certificate of
Occupancy has been issued.
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7.2 All work shall be completed in a workman like manner, and shall comply with all applicable national,
state, and local building codes and laws.
7.4 The Developer shall procure all permits necessary for the work to be completed.
7.5 The Developer shall remove all construction debris and leave the project in a broom clean condition.
7.6 Upon satisfactory payment being made for any portion of the work performed, the Developer shall
furnish a partial and unconditional release from any claim or mechanics’ lien for that portion of the work
for which payment has been made.
ARTICLE 8. OWNER
8.1 The Owner shall communicate with subcontractors only through the Developer.
8.2 The Owner will not assume any liability or responsibility, nor have control over or charge of
construction means, methods, techniques, sequences, procedures, or for safety precautions and programs
in connection with the project, since these are solely the Developer’s responsibility.
9.2 Any delays or changes in finish selection schedules will delay the projected completion date.
10.2 The Developer shall purchase and maintain needed Workman’s Compensation and Liability
insurance coverage as required by law and deemed necessary for his own protection. The Developer is
responsible for hiring only licensed and insured sub-contractors.
11.1 If conditions are encountered at the construction site which are subsurface or otherwise concealed
physical conditions or unknown physical conditions of an unusual nature, which differ naturally from
those ordinarily found to exist and generally recognized as inherent in construction activities, the
Developer will promptly investigate such conditions and, if they differ materially and cause an increase or
decrease in the Developer’s cost of, and/or time required for, performance of any part of the work, will
negotiate with the Owner an equitable adjustment in the contract sum, contract time or both at contractors
expense.
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ARTICLE 12 HAZARDOUS MATERIALS, WASTE AND ASBESTOS
12.1 Both parties agree that dealing with hazardous materials, waste or asbestos requires specialized
training, processes, precautions, and licenses. Therefore, unless the scope of this agreement includes the
specific handling, disturbance, removal or transportation of hazardous materials, waste, or asbestos, upon
discovery of such hazardous materials the Developer shall notify the Owner immediately and allow the
Developer to contract with a properly licensed and qualified hazardous material contractor. Any such
work shall be treated as a Change Order resulting in additional costs and time considerations.
14.1 At the completion of this project, the Developer shall provide an instrument to Owner warranting
the project for one (1) year against defects in workmanship to begin from the Certificate of Occupancy
issuance date. The manufacturer’s warranty will prevail. No legal action of any kind relating to the
project, project performance or this party after one (1) year beyond the completion of the project or
cessation of work warranty subject to current FL statutes.
15.1.1 If the Owner or the Developer shall default on the contract, the non-defaulting party may declare
the contract is in default and proceed against the defaulting party for the recovery of all damages incurred
as a result of said breach of contract, including a reasonable attorney’s fee. In the case of a defaulting
Owner, the earnest money herein mentioned shall be applied to the legally ascertained damages.
15.1.2 In the event of a default by the Owner or the Developer, the non-defaulting party may state his
intention to comply with the contract and proceed for specific performance.
15.1.3 In the case of a defaulting Owner, the Developer may accept, at his option the earnest money as
shown herein as liquidated damages, should earnest money not cover the expenses to date, the Developer
may make claim to the Owner for all work executed and for proven loss with respect to equipment,
materials, tools, construction equipment and machinery, including reasonable overhead, profit, and
damages applicable to the property less the earnest money.
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necessary to comply with the contract documents shall be made by the Developer at his own expense.
17.2 The Owner shall not occupy the property until final payment has been received by the Developer
and a Certificate of Occupancy has been obtained.
17.3 The Owner has five (5) working days to claim any unconformity the final project stages, after last
inspection has been passed.
17.4 Occupancy of the project by the Owner in violation of Article 17.2 shall constitute unconditional
acceptance of the project and a waiver of any defects or uncompleted work.
18.1 The contract price for this residential construction project has been calculated based on the current
prices for the component building materials. However, the market for the building materials that are
hereafter specified is considered to be volatile, and sudden price increases could occur. The Builder
agrees to use his best efforts to obtain the lowest possible prices from available suppliers. However,
should there be an increase in the prices of these specified materials that are purchased after execution of
contract for use in this residential construction project, the Owner agrees to pay that cost increase to the
Builder. Any claim by the Builder for payment of a cost increase, as provided above, shall require written
notice delivered by the Builder to the Owner stating the increased cost, the building material or materials
in question, and the source of supply, supported by invoices or bills of sale.
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PAYMENT MAY BE AVAILABLE FROM THE CONSTRUCTION INDUSTRIES RECOVERY FUND IF YOU
LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM
SPECIFIED VIOLATIONS OF FLORIDA LAW BY A STATE LICENSED CONTRACTOR.
FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA
CONSTRUCTION INDUSTRY LICENSING BOARD AT 7960 ARLINGTON EXPRESSWAY, SUITE 300,
JACKSONVILLE, FLORIDA 32211-7467
According to Florida’s Construction Lien Law (Sections 713.001 – 713.37, Florida Statutes), those who work
on your property or provide materials and are not paid in full have a right to enforce their claim for payment
against your property. This claim is known as a construction lien. If your contractor or a subcontractor fails
to pay subcontractors, sub-subcontractors, or material suppliers or neglects to make other legally required
payments, the people who are owned money may look to your property for payment, even if you have paid
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your contractor in full. If you fail to pay your contractor, your contractor may also have a lien on your
property. This means if a lien is filed your property could be sold against your will to pay for labor, materials,
or other services that your contractor or a subcontractor may have failed to pay. Florida’s Construction Lien
Law is complex, and it is recommended that arises, you consult an attorney.