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.
1. 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.
2. 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.
3. 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.
4. 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.
5. If spread footings, builders and/or drilled piers are discovered after work has begun and it is necessary to remove or cut them loose from the foundation, an additional fee of $100.00 will be due for each spread footing, builder, or drilled pier that must be removed or cut off from the foundation.
6. 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.
7. 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.
8. 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 $175/ea if angle beams are installed.
9. 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 test will be deemed complete with regards to this contract. If the owner wants to have the test actually completed, they need to have a cleanout installed.
LIFETIME WARRANTY FOR PIERS
It is the intention of the COMPANY to permanently stabilize the settlement of that portion of the foundation covered by this contract (the area where pilings are installed) for the life of the structure that it supports. In order to accomplish this feat, adjustments might be required as soil conditions change over time. The rules laid out below help dictate the process of those adjustments and other processes involved with the warranty. This warranty only applies to the PT1, PT2, PT3 systems and does not apply to any other services or products.
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.
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, PT2: $0/pier, PT3: $0/pier
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, and tunneling.
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.
– The structure 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.
– The foundation 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 is not reasonably maintained (i.e. proper or controlled watering, etc.)
– Maintenance recommendations provided by a structural engineer 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 30 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 30 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.
PIER & BEAM RE-SHIMMING
Since in cases of re-leveling pier & beams don’t involve adding additional supports or piers, we can not guarantee how long this re-leveling will last, as we are at mercy of the current supports. However, we would like to offer a warranty of 90 days in cases where shifting occurs quickly. This warranty only applies to pier & beam work that involves re-leveling the foundation.
5 YEAR DRAINAGE SYSTEM WARRANTY
It is the intention of the COMPANY 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. We stand by the materials and workmanship of our products and crews and therefore offer a 5 year warranty on all drainage systems we install.
Under this warranty, COMPANY will be responsible solely for materials and workmanship to repair the claim. This warranty does not cover nor will COMPANY be responsible for the removal or replacement of the following:
- Trees, grass or other landscaping
- Exterior concrete, asphalt, or stone surfaces
- Any new structures or fixtures installed around the area of work.
DIRECTIONS FOR FILING A CLAIM
Please contact the COMPANY either by email or phone to discuss the next steps.
TRANSFER OF WARRANTY
No transfer is needed for this warranty as we attach it to the house and not to the owner.
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.