Engineered Solutions of Georgia

Terms & Conditions of This Contract

Customer: Slater Rainney

Jobsite Address: 854 Rocky Ridge Ct, Stone Mountain, Ga 30087

Date of Issue: 5/31/23

1. SERVICES. Engineered Solutions of Georgia, Inc. ( “ESOG”) shal l perform each of the services l isted in Description of Services l isted above (the "Services"). You, the customer named above (“Customer”), agree that ESOG shal l have no duty to provide any services or del iver any goods other than described above.

2. RETAINER. A retainer (the “Retainer”) of twenty-five percent (25%) of the Estimate price is due prior to ESOG’s commencement of the Services.

3. ADDITIONAL CHARGES. Customer acknowledges i t is impossible in al l cases for ESOG to precisely assess the scope of needed Services prior to commencing work. During the course of providing the Services ESOG may discover addi tional condi tions or damages that must be remedied. In such case, Customer authorizes ESOG to perform such addi tional services (the “Addi tional Services”) and agrees to reasonably compensate ESOG therefor. Customer further agrees to compensate ESOG for each of the fol lowing, regardless of whether such services or charges are expressly included in the Description of Services above: (a) Normal Construction. This Agreement assumes normal construction, concrete thickness and footing depth (no more than four feet below interior slab or exterior grade. Any excavation over 4' wi l l be addi tional ) and further assumes compl iance wi th appl icable bui lding codes. If unforeseen subsurface condi tions are encountered addi tional charges may be levied (at the contractor's option) to prepare the area for instal lation. If corrections are not made al l warranties are void. (b) Pre-Dri l l ing Condi tions. In some instances debris is located above competent bearing material and cannot be penetrated by piers. In those instances pre dri l l ing is necessary to provide a warranted pier. The pre-dri l l ing charge is $4,600.00 per day pro-rated to the 1/2 day. If competent bearing is not reached addi tional movement may occur and such movement is excluded from warranty coverage. (c) Undisclosed Condi tions. If ESOG encounters any unforeseen or undisclosed condi tions in performing the Services, addi tional charges may be incurred (at ESOG option) to provide for and/or correct these condi tions. If ESOG recommends that such corrections be made but Customer decl ines, then al l warranties are void. (d) Footings and Floors. This Agreement is based on a standard width footing (not over sixteen (16) inches wide), unless otherwise speci fied. If wider footings are encountered, a surcharge of up to $17.50 per l inear foot may be charged at ESOG’s sole option. If a monol i thic slab is encountered, an al ternative inside waterproofing method must be employed and a surcharge of up to $50.00 per l inear foot may be charged. This contract is based on standard floor thickness not to exceed five (5) inches in depth. If thicker floors are encountered, a surcharge of $20.00 per l inear foot per inch of depth may be charged at the ESOG’s sole option. In each case, Customer wi l l pay ESOG such addi tional charges. (e) Pier Depth. It is impossible to determine in advance how deep ESOG must dri l l to reach a load bearing strata. The cost quoted for piering covers up to twenty-one (21) feet in depth. Any necessary dri l l ing in excess of this depth shal l be charged at a cost of $44.00 per addi tional foot. (f) Crack Injections. The minimum charge to mobi l ize and inject cracks in foundation wal ls is $1,800.00. (g) Grout Quanti ty Estimate. Pressure grouting overage is bi l led at $30.00 per cubic foot. ESOG uses an industry accepted formula to calculate estimated grout quanti ty in order to provide a quote for repai rs. ESOG wi l l periodical ly noti fy Customer of actual usage. The minimum charge for grouting operations is $3,800.00 per day. (h) Change Order. ESOG may request or Customer may order changes in the Services that impact the Estimate Price or the anticipated completion date. Al l such changes in the Services that affect the Estimate Price or anticipated completion date shal l be formal ized in a wri tten change order (each, a “Change Order”) substantial ly in the form attached hereto labeled “Change Order Worksheet”. Addi tional charges associated wi th a Change Order shal l be provided on the Change Order Worksheet, and Customer agrees to pay al l such addi tional charges. 4. PAYMENT TERMS. Al l sums are due immediately upon completion of work (other than the Retainer, which is due in advance), unless otherwise speci fied in this Agreement. Customer’s fai lure to pay for Services rendered wi thin ten (10) days’ completion thereof wi l l consti tute a defaul t hereunder. In the event of defaul t, Customer agrees to pay al l col lection costs incurred by ESOG, including reasonable attorney’s fees, and agrees to pay interest at the rate of 1.5% per month (18% APR) on the unpaid balance unti l paid in ful l . 5. CUSTOMER DUTIES. (a) Presence at Jobsi te. Customer must be present at the Jobsi te for the start and the completion of the project. ESOG’s production crews wi l l arrive each day between 8:30am and 9:30am unless otherwise stated. ESOG’s foreman wi l l contact Customer one (1) hour before completion. (b) Clear Work Area. Customer shal l clear al l work areas where Services are to be performed (col lectively, the “Work Space”). This includes removal by Customer of any and al l obstructions and/or impediments in the Work Space, including, but not l imi ted to: carpet, floor covering, stai rs, counters, counter tops, cabinets, shelves, plumbing, appl iances, furni ture and fixtures. Customer’s duty to clear shal l further include al l space wi thin thi rty-six (36) inches from each wal l wi thin or adjacent to the Work Space. Customer further agrees to provide a clear path of ingress and egress for personnel and equipment to and from the Work Space. (c) Water and Electrical Power. Customer shal l provide ESOG water service and electrical power necessary for completing the Services. This includes access to water for mixing concrete (i f necessary) and a minimum of two (2) electrical ci rcui ts (one 20-amp ci rcui t and one 15-amp ci rcui t). If no power is provided, the customer wi l l be responsible for any cost incurred by ESOG in providing power. In the event of ci rcui t overload, access to the fuse or ci rcui t breaker box (electrical service) must be provided. In the case of fuses, the customer must provide an ample supply of replacement fuses in the event of ci rcui t overload. If a sump pump(s) is/are requi red, Customer shal l provide an electrical outlet wi thin 25 feet of the pump. (d) Finished Wal ls. The customer is responsible for the removal and replacement of baseboards and trim unless otherwise speci fied. ESOG is not responsible for damage to finished wal ls (plaster, sheetrock, baseboards, paint, wal l coverings, molding, panel ing, etc.) not removed by customer. (e) i f framed wal ls are added after waterproofing system is instal led bottom plate must be adheared wi th consturction glue. piercing of waterproofing system wi l l void warranty (f) exi t points for al l draianage must be maintained and left unobstructed. 6. HOLD HARMLESS. Customer acknowledges the Services provided by ESOG hereunder are inherently dangerous and are sought to help remedy existing water and/or structural damages. Accordingly, Customer agrees to indemni fy, defend and hold ESOG harmless from any of the fol lowing: (a) Plants, Shrubs and Trees. Outside instal lations and excavation carry an inherent danger of damage to flowers, plants, shrubs and trees. ESOG assumes no l iabi l i ty for damage to plants, shrubs, trees or other landscaping due to our work. (b) Concrete Floors. Wi th inside instal lations, a section of concrete floor may be removed and replaced. If necessary, such removal and replacement may resul t in some color variation in the floor. Addi tional ly, i f clay must be removed i t may cause some staining of the concrete floor. Customer agrees that in some cases such staining is unavoidable, and that ESOG wi l l not be responsible for damage of staining due to removal of materials or patching. (c) Dust. In most cases, the dust control methods uti l ized are adequate. Occasional ly, particularly hard or thick floors requi re the use of an ai r hammer, which is less amenable to dust control . In such cases, ESOG wi l l pay up to $300.00 for an outside cleaning service, as determined by ESOG in i ts sole discretion. (d) Plastic Deformation. Components that have deformed over time may cause cracks to appear during a l i ft. This is a natural occurrence and ESOG assumes no responsibi l i ty for such damage and deformation may prevent floors from being level . (e) Surrounding Ameni ties, Uti l i ties and Finishes. ESOG shal l use commercial ly reasonable efforts to control grout overflow and splatter. However, as the grout is injected under pressure, some overflow and splatter is unavoidable. ESOG shal l not be responsible for damage to plants, underground uti l i ties or adjacent areas into which grout may flow, including, but not l imi ted to, pool shel ls, brick or stone veneer, plumbing, electrical condui ts, floor drains and pipe penetrations. Al though, ESOG wi l l cover finishes, touch up paint may be requi red and in some instances wal ls and cei l ings may need to be repainted. A quote for painting can be provided upon request and is not included in the cost of this contract. Customer or Customer’s agent must be present during the grouting process. 7. EXTERIOR DRAINAGE. Exterior drainage is covered under a one-year workmanship and materials warranty. Exterior drainage has a fixed, l imi ted capaci ty. If that capaci ty is exceeded due to rain fal l or debris in the l ine, a leak wi l l occur and is not covered under the warranty. A recommendation can be made to have a hydrologist study the drain basin and design a drainage plan to meet speci fic flood plains (25-year, 50 year, 100-year etc.) at addi tional cost. 8. STABILIZATION. The primary objective of work performed hereunder is to stabi l ize the repai red area against further movement. ESOG wi l l attempt, but cannot guarantee, to l i ft the foundation, level floors, close cracks, render doors and windows operational and move wal ls back into original posi tion. Customer must be present during the l i ft. Wal ls and wal l components that have rotated out of posi tion often wi l l not return to thei r original posi tions and addi tional repai rs wi l l be requi red. Such addi tional repai rs are not part of this contract unless otherwise stated. ESOG wi l l l i ft only as much as the structural integri ty wi l l al low. 9. SOIL DISCLAIMER. In the absence of a soi l report generated by a l icensed geotechnical engineer, the al lowable soi l pressure for the purpose of the Services is 2,500 psf. Prior to construction, soi l design parameters stated on the structural foundation detai ls, including, but not l imi ted to, al lowable soi l bearing pressure, equivalent lateral fluid pressure (active and passive), internal angle of friction, coefficient of friction and soi l densi ty, shal l be field-veri fied by a geotechnical testing company engaged by Customer. In the event of a confl ict between field-veri fied soi l parameters and those stated on the foundation detai ls, construction shal l not proceed unti l appropriate design modi fications by the foundation design engineer-of-record have been submi tted. 10. LIMITATION OF LIABILITY. IN NO EVENT SHALL ESOG BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY AND REGARDLESS OF WHETHER CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE LIABILITY OF ESOG SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY PAID TO ESOG BY CLIENT UNDER THIS AGREEMENT. 11. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, ESOG MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND THE NON-INFRINGEMENT OF ANY THIRD-PARTY PROPRIETARY RIGHTS. ALL UNIFORM COMMERCIAL CODE WARRANTIES ARE EXPRESSLY DISCLAIMED BY THE PARTIES. 12. MISCELLANEOUS PROVISIONS. This Agreement shal l be binding upon and inure to the benefi t of the hei rs, personal representatives, successors, and assigns of the Parties. Any notice or demand made hereunder shal l be sent by electronic mai l or facsimi le and the original sent as speci fied herein the same day by Uni ted States mai l , postage prepaid, addressed to the address provided above. In the event of a defaul t, the defaul ting party shal l reimburse the non-defaul ting party for al l costs and expenses reasonably incurred by in connection wi th the defaul t, including, wi thout l imi tation, attorney fees. No waiver of any provision of this Agreement shal l be deemed or consti tute a waiver of any other provision, nor shal l any waiver consti tute a continuing waiver. No waiver shal l be binding unless executed in wri ting by both parties. This Agreement shal l be governed by the laws of the State of Georgia and any dispute related hereto or arising hereunder shal l be brought exclusively in the Superior Court of Cobb County, Georgia. This Agreement consti tutes the enti re agreement between the parties pertaining to i ts subject matter, and i t supersedes al l prior contemporaneous agreements, representations, and understandings of the Parties. No modi fication, or amendment of this Agreement shal l be binding unless executed in wri ting by al l Parties. ESOG shal l not be in defaul t i f prevented from performing any of i ts obl igations hereunder for any reason beyond i ts reasonable control , including wi thout l imi tation: acts of God, nature, publ ic enemy strikes, l imi tations or law, regulations or Customer’s fai lure to perform i ts duties and obl igations requi red of i t in order for ESOG to provide i ts Services under this Agreement.

Customer Signature

form revision 12/04/12