Terms & Conditions

Optim Build Group LLC – Terms and Conditions

• Optim Build Group, LLC requires a signed proposal before the commencement of work.
• Optim Build group. LLC, is only responsible for the items listed in the estimate or scope of work provided to the client; any other materials or labor will be considered additional.
•  Pricing is only guaranteed for 30 days.
• Optim Build Group, LLC is not responsible for any manufacturer delays.
•  Invoices not paid within thirty days shall be considered delinquent and shall be charged 10% interest per annum. Client will be liable for all collection costs, attorneys’ fees, and court costs incurred in the collection of this debt.
• The above proposal is contingent on final review and approval of the final plans and specifications by Optim Build Group, LLC.
• Optim Build Group, LLC shall not be liable for consequential damages, including loss of profit, loss of revenue or similar damages.
• Optim Build Group, LLC will invoice monthly, with all invoices being due within 30 days of receipt.
•  All work with the exception of cleaning will be warranted for a period of 12 months following completion and will be limited to rework only. All implied warranties are hereby waived.
• Additional work/change orders shall be agreed upon in scope and pricing (in writing) by both parties before the commencement of the work.
• Unforeseen conditions can arise while providing normal services. Should the contractor find any additional necessary work; the contractor will notify the client before continuing.
• Optim Build Group, LLC is not responsible for any damages to our completed work caused by subsequent work performed by another party.
• This proposal is subject to these Terms and Conditions, which are made a part hereof and fully incorporated herein.          
• By accepting the estimate,  requesting services, or making payment, the Client agrees to these Terms and Conditions.

(Lump Sum Contract) 

The estimate and these terms and conditions (the “Contract”) represent the entire and integrated agreement between the parties and supersede prior negotiations,  representations or agreements, either written or oral. In the event of any conflict between the proposal and these terms and conditions, these terms and conditions shall  control. 

Definitions:

Manager: The property management company that acts as an agent for a property owner under a management contract and is responsible for selecting and engaging vendors to provide products or perform services at a Site.

Owner: The legal owner of the property for which products are provided or at which services are performed.

Site: Any residential, commercial, or other type of property, including single or multi-family properties, owned by the Owner, or managed by the Owner or a property management company, at which services or products will be provided by the Contractor.

Contractor: Optim Build Group LLC, a Florida limited liability company, acting as an independent contractor responsible for performing the services or providing the products as outlined in this agreement.

Client: The party entering into this agreement, including the Manager or Owner, who engages the Contractor for services at the Site.

Scope of Work.

The Contractor agrees to furnish all labor, materials, equipment and services necessary to erect, build, finish, and deliver the work (the “Work”) in  accordance with the Contract Documents. The “Contract Documents” consist of: (a) this Contract, including the drawings, specifications and estimates described in or  attached to the proposal (the “Plans and Specifications”); and (b) any property 

executed change orders. In the event the Plans and Specifications (or any part thereof) are  not described in or attached to the proposal, then Contractor reserves the right to request a change order with respect to the Completion Date (as defined below) and the  Contract Sum (as defined below). If the parties cannot agree on a change order with respect to the Completion Date or the Contract Sum, Contractor or Customary shall  have the right to terminate this Contract upon five (5) days written notice, in which event, Contractor shall be paid for all Work executed through the effective date of  termination, all demobilization costs and expenses, and all costs actually incurred or committed to by Contractor in connection with the Work (such as costs which are  not cancelable or recoverable or for specially engineered or manufactured equipment).

 The Client acknowledges and agrees that all services provided by Optim Build Group, LLC under this Agreement shall be treated as part of a single, unified construction project (the ‘Project’), as defined under Florida Construction Lien Law (Chapter 713, Florida Statutes). All services, including but not limited to construction, maintenance, cleaning, and related tasks, are deemed necessary for the successful completion of the Project, and no service shall be segregated or considered independent for purposes of lien rights, payment obligations, or legal remedies.

Construction Schedule.

The Contractor shall prepare and submit for the Customer’s information Contractor’s proposed construction schedule for the Work which shall  include an estimated date of completion (“Completion Date”). The Contractor hereby agrees to complete the Work by the Completion Date. Notwithstanding the  foregoing, if the Contractor is delayed at any time in progress of the Work by (a) any act, neglect, delay or fault of the Customer, (b) changes ordered in the Work, (c) concealed or unknown physical conditions at the site that differ materially from those indicated in the Contract or from those conditions ordinarily found to exist, or (d) labor disputes, fire, severe weather, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor’s control, the Completion Date and Contract  Sum shall be subject to an equitable extension and adjustment (as applicable).  

Changes in Work.

The Customer, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions,  deletions or other revisions, in which event, the Contract Sum and Completion Date being adjusted as mutually agreed by the parties in writing. If the Customer and  Contractor cannot agree to a change in the Contract Sum, the Customer shall pay the Contractor its actual cost and a mark-up equal to a margin of 20%.  

Acceptance of Work.

The Contractor shall provide notice to the Customer’s on-site representative when any segment of the Work is complete and ready for inspection. Customer shall promptly perform inspection after receipt of the notice and shall either approve or notify Contractor of any defects in the Work. If the Work or segment of the Work  is found to be in accordance with the Contract, Customer shall approve payment for the invoice related to such Work as set forth herein. If the Work or segment of the  Work is found not to be in accordance with the Contract, Customer shall notify Contractor specifying in writing the respects in which the Work is not in accordance  with the Contract. The contractor shall promptly correct all noted defects and notify the customer upon completion. Customer shall promptly re-inspect the Work or segment  of the Work and shall either approve or notify Contractor of any defects in the Work. This procedure shall repeat until the Customer approves the Work.  

Contract Sum.

The Contract Sum stated in the proposal (together with any adjustments pursuant to the Contract) (the “Contract Sum”) is the total amount payable by the  Customer to the Contractor for performance of the Work under the Contract. 

Progress Payments.

Upon completion of each segment of Work, the Contractor shall submit to the Customer an itemized invoice for Work completed. Within ten (10)  days of presentation of the invoice and approval of the Work, the Customer shall make payment of the invoice. 

Permits, Fees and Notices.

The Contractor shall obtain and pay for the building and other permits and governmental fees, licenses and inspections that are necessary for  proper execution and completion of the Work; provided however, Customer shall obtain and pay for all such permits and licenses that are required to be in Customer’s  name for Contractor to perform the Work. The Contractor shall comply with all applicable laws and applicable codes and standards. 

Use of Site/Cleaning Up.

The Customer shall make available the site at all times necessary for the completion of the Work. The Contractor shall keep the premises and  surrounding area free from accumulation of debris and trash related to the Work. At the completion of the Work, the Contractor shall remove its tools, construction  equipment, machinery and surplus material, and shall properly dispose of waste materials. 

Termination by Contractor.

If the Customer fails to make timely payment or to perform any other obligation of Customer under the Contract, the Contractor may, upon five (5) days’ written notice to the Customer, terminate the Contract and recover from the Customer payment for Work executed through the effective date of termination,  all demobilization costs and expenses, and all costs actually incurred or committed to by Contractor in connection with the Work (such as costs which are not cancelable  or recoverable or for specially engineered or manufactured equipment).  

Termination by Customer For Cause.

The Customer may terminate the Contract if the Contractor: (a) repeatedly refuses or fails to supply enough properly skilled workers  or proper materials; (b) fails to make payment to subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the  subcontractors; (c) persistently disregards applicable laws, codes and standards; or (d) is otherwise guilty of material breach of a provision of the Contract. 

When any of the above reasons exist, the Customer may, after giving the Contractor ten (10) days’ written notice and opportunity to cure such default, terminate the  

Contract and take possession of the site and finish the Work by whatever reasonable method the Customer may deem expedient. When the Customer terminates the  Contract for one of the reasons stated above, the Customer shall be relieved of all further obligations owed to Contractor hereunder, except to pay the reasonable amounts  owed for Contractor’s prior performance, up to and including the date of termination, but not more than the portion of the total Contract Sum associated with such prior  performance.

Termination by Customer For Convenience.

The Customer may, at any time, terminate the Contract for the Customer’s convenience and without cause. The Contractor  shall be entitled to receive payment for Work executed plus 30%, all demobilization costs and expenses, and all costs actually incurred or committed to by Contractor in  connection with the Work (such as costs which are not cancelable or recoverable or for specially engineered or manufactured equipment). If Customer purports to terminate  the Contract “for cause” and it is later determined that grounds for such a termination did not exist at the time of termination, then Customer’s termination shall be deemed  to have been made pursuant to this section. ​

Warranty.
The Contractor warrants to the Customer that:
(a) Materials and equipment furnished under the Contract will be new (or like new) and of good quality unless otherwise specified or permitted by the Contract.
(b) The Work will be free from material defects not inherent in the quality required or permitted under the Contract.
(c) The Work will conform to the agreed requirements of the Contract. If, within the Warranty Period (as defined below), the Work or materials furnished by the Contractor are found to be defective, the Contractor shall, at its sole cost and expense and as soon as reasonably practical: Perform corrective services of the type originally provided; Repair or replace any defective or faulty items as necessary to correct the deficiencies; and Remove and properly dispose of all defective items from the work site. 

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The Warranty Period shall mean one year from the date the Work is completed and accepted by the Customer, in accordance with Florida law, unless otherwise specified in the Contract.This warranty does not apply to defects or damages resulting from: Normal wear and tear; Misuse, neglect, or modifications made by the Customer or third parties; Acts of nature, such as storms or floods, beyond the Contractor’s control.This warranty sets forth the Customer’s exclusive remedies and the Contractor’s sole obligations regarding defective or non-conforming Work.

Exclusions and Limitations:

The Contractor disclaims any implied warranties, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, except to the extent such disclaimers are prohibited under Florida law.This warranty does not cover incidental or consequential damages, including loss of use, lost profits, or any indirect damages arising from defects or deficiencies in the Work.

1. Notice Requirement:
   • Before initiating any legal or administrative action, the Customer must provide the Contractor with a written notice of any alleged construction defect.
2. Opportunity to Inspect and Cure:
   • Upon receipt of the notice, the Contractor shall have the right to inspect the alleged defect within 14 days and propose a plan to address the issue. If the defect is verified, the Contractor will correct or repair the defect at its sole cost and expense within a reasonable timeframe.
3. Customer Obligations:
   • The Customer agrees not to engage third-party contractors to address the defect without first allowing the Contractor an opportunity to cure.
4. Exclusive Remedy:
   • The remedies described in this section are the sole and exclusive remedies for defective or non-conforming Work.

Florida Statutory Provisions:
This warranty complies with Chapter 558, Florida Statutes, and is governed by the laws of the State of Florida. The Customer waives any implied warranties not expressly provided in this Contract to the extent permitted by law.​​

Florida Statutory Provisions:
In accordance with Florida Statutes, any disputes regarding this warranty will be governed by the laws of the State of Florida. The Customer must provide written notice of any claim under this warranty within the Warranty Period, and the Contractor shall have a reasonable opportunity to inspect and address the claim before any corrective action is undertaken by the Customer or a third party.

Consequential Damages.

NOTWITHSTANDING ANY PROVISION IN THIS CONTRACT TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE TO THE OTHER AND EACH  PARTY MUTUALLY WAIVES AND RELEASES THE OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS  CONTRACT, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES FOR LOST REVENUE, LOST PRODUCT, LOST PROFITS, LOST BUSINESS OR BUSINESS  INTERRUPTIONS WITHOUT LIMIT AND REGARDLESS OF THE NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL FAULT, BUT EXPRESSLY EXCLUDING THE GROSS  NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY INDEMNIFIED ENTITY. 

Contractor-Specific Protections:

The Contractor shall not be liable for any damages resulting from delays or disruptions caused by factors outside its reasonable control, including but not limited to acts of God, labor disputes, payment delays, material shortages, or client-directed changes to the project scope. The Contractor’s liability for any direct damages arising out of the Work is strictly limited to the lesser of the value of the Contract or the amount recoverable under the Contractor’s applicable insurance policy.

Insurance.

At all times during the term of this Contract, Contractor shall maintain, at Contractor’s expense, insurance coverage in commercially reasonable types and  limits and with insurers authorized to provide insurance in the jurisdictions to which this coverage applies. Contractor agrees to name Customer as an additional insured  

under such policies, and upon request of Customer, shall provide a certificate of insurance evidencing such coverages. 

Assignment.

Neither party to the Contract shall assign the Contract as a whole without written consent of the other. 

Governing Law. The Contract shall be governed by the Florida law. 

Independent Contractor Status.

Contractor is an independent contractor with respect to the performance of all Work and Contractor shall not be deemed for any purpose to be an employee, agent, servant, or representative of Customer in performing any Work or in supplying any materials hereunder. 

Notice.

Notice pursuant to this Contract shall be sent via mail, courier, national overnight delivery service, facsimile or email. Such notice shall be deemed given when received by the other party at the address set out in this Contract. 

Severability.

If any provision of this Contract is held invalid or unenforceable, such invalidity or unenforceability shall not affect in any way the validity or enforceability  of any other provision of this Contract. In the event any provision is held invalid or unenforceable, the parties shall attempt to agree on a valid or enforceable provision  that will be a reasonable substitute for such provision in light of the tenor of this Contract and, on so agreeing, shall incorporate such substitute provision in this Contract.  If no such agreement is reached between the parties, the invalid or unenforceable provision shall be deemed automatically stricken, but only to the extent necessary to  make the affected terms and conditions valid and enforceable.  

Third-Party Beneficiaries.

This Contract is for the benefit of the respective parties hereto. Except as specifically provided for hereunder, no other entity not a party hereto shall have any rights, remedies, or claims hereunder. 

Amendments/Modification.

This Contract shall not be amended or modified except by written instrument signed by authorized representatives of the parties hereto.

​Optim Build group. LLC