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 UP-RITE FOUNDATION Inc., further raising will produce or create unacceptable damage to the foundation or structure.
The stabilization or stopping of foundation settlement 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.
UP-RITE FOUNDATION Inc has no obligation to repair or to replace any damage whether it is exposed, concealed, or buried, to the foundation, structure, floors, plumbing*, 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. Please remove all items from the walls in the area to be lifted. Please remove exterior lighting from the work area before the work is to start. We will transplant shrubbery at the point of installation but we cannot guarantee that it survives.
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 $75.00 will be due for each spread footing, builder, or drilled pier that must be removed or cut off from the foundation.
If after work has begun, it is discovered that the foundation has been constructed of substandard materials or lacks the structural strength necessary to properly transfer the load imposed by underpinning, there can be an adjustment in the contract price, and scope of work.
Owner shall supply UP-RITE FOUNDATION Inc with water and electricity at owner’s expense. UP-RITE FOUNDATION Inc must have access to the breaker box at all times and must enter the interior of the dwelling at the time it is lifted.
*Note: UP-RITE FOUNDATION Inc recommends that the plumbing be tested before and 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 before or after the foundation repairs have been completed are the sole responsibility of the Owner. To properly test a sewage line, it is necessary to have a sewage cleanout. If a 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, a cleanout will need to be installed at the owner’s expense. (An actual test must be performed if mud-jacking is included on the Repair Specifications.)
LIFETIME WARRANTY-(Concrete Pressed Pilings or Steel Pilings only) unless specified otherwise.
It is the intention of the UP-RITE FOUNDATION Inc to permanently stabilize the settlement of that portion of the foundation covered by this contract (the area where pilings are installed). Within one (1) part in two hundred and forty (240) parts for the life of the structure that it supports (1” settlement in 20’ horizontal span or ¼ inch in a 5-foot horizontal span). This warranty applies to only the work performed by UP-RITE FOUNDATION Inc described as LIFETIME WARRANTY WORK under the terms, provisions and conditions of this contract. This warranty does not cover upheavals. Pier and Beam understructure shimming 1 year warranty unless specified otherwise.
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 UP-RITE FOUNDATION Inc, 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, ground water, improper drainage, etc.)
The natural eroding of existing structure.
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.)
TRANSFER OF WARRANTY
In the event a change of ownership occurs, assignment of this warranty to a new Owner or Owners must be accomplished no later than thirty (30) days after transfer of title. Assignment will be made in accordance with the warranty and with the procedures in effect at the time of transfer, upon receipt of payment of the transfer fee current at the time of transfer. So long as the provisions of this paragraph are met, there is no limit to the number of transfers that can be made. UNLESS ASSIGNMENT IS PROPERLY MADE WITHIN THIRTY (30) DAYS AFTER TRANSFER OF TITLE THIS WARRANTY IS NULL AND VOID. To transfer the warranty, a written request stating the name of the new owner and the property address must be mailed along with a check for $100 (or current transfer fee) to the address stated below. There is no charge for the first transference.
ARBITRATION OF DISPUTES
The Owner and UP-RITE FOUNDATION Inc 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 stipulations 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 residential foundations. Owner and UP-RITE FOUNDATION Inc agree that, in any arbitration proceeding, UP-RITE FOUNDATION Inc’S liability shall be limited to the amount paid to the UP-RITE FOUNDATION Inc by the Owner under this contract.
The UP-RITE FOUNDATION Inc may terminate this 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.