Effective Date: August, 4 2026
DE Group’s Terms and conditions for residential, commercial and industrial projects
NOTE ABOUT EXTRA WORK AND CHANGE ORDERS: Extra Work and Change Orders become part of the contract once the order is prepared in writing and signed by the parties prior to the commencement of any work covered by the new change order. The order must describe the scope of the extra work or change, the cost to be added or subtracted from the contract, and the effect the order will have on the schedule of progress payments. The contractor is not required to perform additional work or changes without a written approval in a “Change Order” before any of the new work is started. The contractor’s failure to comply with the requirements of this paragraph does not preclude the recovery of compensation for work performed based upon legal or equitable remedies designed to prevent unjust enrichment. All additions, alternations, or deviations to the contract, any change in specifications or construction necessary to conform to existing or future building codes, zoning laws, regulations, or building inspector requirements shall be considered Extra Work. If the number of materials required under this contract is altered to create a hardship on the contractor, the owner shall be obligated to reimburse the contractor for additional expenses incurred. The price quoted for completion of the structure is subject to change to the extent of any difference in the cost of labor and materials as of this date and the actual cost to the contractor at the time materials are purchased and work is done. The owner will be responsible for all existing metal flashings that are tied into stucco or wood. If repairs are needed in these areas, work will be done on time ($150.00 hr) and material basis unless a different rate is specified by the contractor. All taxes and special assessments levied against the property shall be paid by the owner.
COMMERCIAL GENERAL LIABILITY INSURANCE (CGL): This contractor carries commercial general liability insurance written by (the insurance company). You may call our office for the (insurance company and insurance policy number) at 925-940-7099 to check the contractor’s insurance coverage.
The Contractor shall not be held responsible for any damages, alterations, or deficiencies that arise as a result of any modifications, inspections, or interventions performed by third parties, including but not limited to home inspectors, solar installation providers, or any similar entities, after the Contractor’s work has been completed or during the course of work under this agreement. Any such damages or alterations shall not constitute a breach of this contract, and the Contractor shall be indemnified and held harmless from any claims arising out of such third-party actions.
WORKERS’ COMPENSATION INSURANCE: The contractor carries workers’ compensation insurance for all employees.
MECHANICS LIEN WARNING: Anyone who helps improve your property, but who is not paid, may record what is called a mechanics’ lien on your property. A mechanics’ lien is a claim, like a mortgage or home equity loan, made against your property and recorded with the county recorder. Even if you pay your contractor in full, unpaid subcontractors, suppliers, and laborers who helped to improve your property may record mechanics’ liens and sue you in court to foreclose the lien. If a court finds the lien is valid, you could be forced to pay twice or have a court officer sell your home to pay the lien. Liens can also affect your credit. To preserve their right to record a lien, each subcontractor and material supplier must provide you with a document called a ‘20-day Preliminary Notice.’ This notice is not a lien. The purpose of the notice is to let you know that the person who sends you the notice has the right to record a lien on your property if he or she is not paid. BE CAREFUL. The Preliminary Notice can be sent up to 20 days after the subcontractor starts work or the supplier provides material. This can be a big problem if you pay your contractor before you have received the Preliminary Notices. You will not get Preliminary Notices from your prime contractor or from laborers who work on your project. The law assumes that you already know they are improving your property. PROTECT YOURSELF FROM LIENS. You can protect yourself from liens by getting a list from your contractor of all the subcontractors and material suppliers that work on your project. Find out from your contractor when these subcontractors started work and when these suppliers delivered goods or materials. Then wait 20 days, paying attention to the Preliminary Notices you receive. PAY WITH JOINT CHECKS. One way to protect yourself is to pay with a joint check. When your contractor tells you it is time to pay for the work of a subcontractor or supplier who has provided you with a Preliminary Notice, write a joint check payable to both the contractor and the subcontractor or material supplier. For other ways to prevent liens, visit CSLB’s website at www.cslb.ca.gov or call CSLB at 1-800-321-CSLB (2752). Remember, if you do nothing, you risk having a lien placed on your home. This can mean that you may have to pay twice or face the forced sale of your home to pay what you owe.
PLANS AND SPECIFICATIONS: The plans and specifications are intended to supplement each other so that any works exhibited in either and mentioned in the other are to be executed the same as if they were mentioned and set forth in both. In the event that any conflict exists between the plans, specifications, or any estimate of the cost of construction and the terms of this contract, this contract shall control. The contractor may substitute materials that are equal to the specifications if the contractor deems it advisable to do so.
OWNER’S INSURANCE: The owner agrees to procure at his own expense prior to the commencement of the course of construction insurance and/or any other insurance to cover all physical loss and vandalism and malicious mischief in a sum equal to the total cost of the improvements. Such insurance shall be written to protect the owner and contractor and lienholder, as their interest may appear. Should the owner fail to do so the contractor may procure such insurance as an agent for the owner but is not required to do so, and the owner shall, on-demand, reimburse the contractor the cost, therefore.
SITE CONDITIONS: Unless otherwise specified, the contract price is based upon owner's representation that the site is level and cleared and is not filled ground or hard rock and that there are no conditions preventing the contractor from proceeding with usual construction procedures and that all existing electrical and plumbing facilities are capable of carrying the extra load caused by the work to be performed by contractor. Any electrical meter charges required by public authorities or utility companies are not included in the price of this contract, unless included in specifications. If existing conditions are not as represented thereby necessitating additional excavation, blasting, plumbing, electrical curbing concrete or other work, the same shall be paid for by the owner as Extra Work. The owner is responsible to supply water, gas, sewer and electrical utilities unless otherwise agreed to in writing. Electrical and water to site is necessary. Owner agrees to allow and provide the contractor and his equipment access to the property.
SUBCONTRACTORS: Contractor has the right to subcontract any part of all of the work herein agreement to be performed to properly licensed contractors.
SIGNS: Owner hereby grants to contractor the right to display signs and advertise at the building site.
CONTRACTOR’S RIGHT TO CANCEL: After execution of this contact, the contractor shall have the right to cancel this contract should he determine that there is any uncertainty that all payments due under this contract will be made when due or that an error has been made in computing the cost of completing the work due to event of war, equipment or supporting cost increases or similar circumstances, including acts of god events.
LIMITED TIME TO BRING ACTION: No action arising from or related to the contract, or the performance thereof, shall be commenced by either party against the other for more than fie years after the completion or cessation of work under this contract. This limitation applies to all actions of any character whether at law or equity and whether sounding in contract, tort or otherwise but shall be extended as provided by law for willful fraud, concealment or misrepresentation.
LIMITATION OF LIABILITY: The contractor shall not be responsible for any damage occasioned by the owner or owner's agent, acts of god, natural disasters, including earthquakes, fires, rain, storm, lightning, thunderstorm and other weather disturbances, or other causes beyond the control of the contractor, unless otherwise herein provided. Contractor shall not be liable for damages or defects resulting from work done by subcontractors. In the event the owner authorizes access through adjacent properties or third parties for contractor's use during construction, the owner is required to obtain permission from the owner(s) of the adjacent properties. Owner agrees to be responsible and to hold the contractor harmless and accept any risks resulting from access through adjacent properties. Contractor agrees to complete the work in a substantial and workmanlike manner but is not responsible for failures or defects that results from work done by others prior, at the time of or subsequent to work done under this agreement, and contractor is not responsible for failure of the owner to authorize the contractor to undertake needed repairs or replacement of fascia, vents, defective or deteriorated roofing or roofing felt, trim, sheathing rafters, structural members, sidings, masonry, caulking, metal, edging, or flashing, and any damages arising therefrom. Contractor makes no warranty, express or implied (including warranty of fitness for purpose and merchantability). Any warranty or limited warranty shall be as provided by the manufacturer of the products and materials used in construction. Contractor has no control over the production quality of shingles or the length of time the manufacturer claims they will last. The manufacturer has sole liability for these properties of the shingles. The terms and conditions of the shingle guarantee are those of the manufacturer and not the installer or supplier. Any claim against Contractor is limited to the guarantee included in this contract and any other warranty or guarantee express or implied in negated. Where materials are to be matched, the contractor shall make every reasonable effort to do so using standard materials, but does not guarantee a perfect match. The contractor is not responsible for labor or material furnished by the owner or anyone working under the owner and any loss or additional work that results therefrom shall be the responsibility of the owner. Contractor is not responsible for any exterior antennas or solar systems on the roof system. Contractor is not responsible for any sloping or ponding of water on any existing structure. The contractor, including its subcontractors and suppliers, shall not be responsible for damage to existing walkways, curbs, driveways, cesspools, septic tanks, sewer lines, water or gas lines, arches shrubs, lawn, trees, clotheslines, telephone and electric lines etc. incurred in their performance of work or in the delivery of materials for the job.
ASBESTOS AND HAZARDOUS WASTE: Asbestos and hazardous waste, unless the contract specifically calls for the removal, disturbance or transportation of asbestos or hazardous substances, the parties acknowledge that such work requires special procedures, precaution and/or license therefore if contractor encounters such substances, contractor shall immediately stop work and allow the owner to obtain a duly qualified asbestos and/or hazardous material professional.
PROTECTION OF OWNER PROPERTIES: Owner agrees to remove or to protect all personal property inside and out (including not limited to attics, automobiles, carpets, rugs, drapes, pictures, mirrors, shrubs, planting and personal property, etc.) and contractor shall not be held responsible for damages to or loss of said items.
ENFORCEABILITY AGAINST TRANSFEREES AND SUCCESSORS: This agreement and all its terms shall be binding upon enforceable against the parties hereto and also against their heirs, estates, successors in interest, assigns, and personal representatives. It is further expressly agreed that this agreement and all terms hereof shall also be binding and may be enforced against any person, firm, association, or entity to whom the owner transfers, in part or in whole, his right, title or interest in or to the premises upon which this contact is to be performed.
TIME FOR COMPLETION AND FORCE MAJEURE: The work to be performed by contractor shall be commenced within approximately 90 days from the date of execution of this agreement and shall be substantially completed within approximately 90 working days of said date of commencement, however contractor shall not be liable for any delays or variations from the foregoing completion schedule which are caused by factors beyond the control of contractor (such as, but not limited to: rain, storm, lightning, thunderstorm, other inclement weather or other acts of god; acts of war or civil disturbance; and strikes, boycotts, or other like obstructive actions) or which are caused by acts of owner, his agents or employees, lienholders, including their negligence and their failure to promptly pay for any Extra Work as authorized or failure to pay progress payments. In the event that any delay or variation from the foregoing completion schedule is caused by such factors, a reasonable extension of time for commencement and completion shall automatically be deemed to have been granted. For purposes of this paragraph a reasonable extension of time shall include sufficient time to allow contractor to commence and complete his obligations under contract agreement with other parties which were originally scheduled for commencement prior to the commencement date of this contract, and the contractor shall be entitled to complete said other contract obligations prior to the commencement and/or completion of work on this contract. Should work be stopped for more than thirty (30) days, the contractor may terminate this contract and collect for all work completed plus a reasonable profit.
ARBITRATION OF DISPUTES: All claims and disputes between Contractor and Owner shall be arbitrated under the Construction Industry Arbitration Rules of the American Arbitration Association then in effect, unless both Owner and Contractor agree in writing to another method of settlement. Arbitration proceedings under this section shall be limited to Owner, Contractor, and those others whose presence is essential to a complete resolution of the matter in dispute and who have a substantial interest in that matter. Any consent to arbitration requiring the presence of an additional person or persons shall be limited to the matter in dispute and the parties described in the consent. This agreement to arbitrate and any additional agreement or consent to arbitrate approved by Owner and Contractor shall be enforceable under the prevailing arbitration law. The award of the arbitrators shall be final, and a judgment may be entered on it by any court having jurisdiction.The party demanding arbitration shall give written notice to the opposite party and the American Arbitration Association within a reasonable time after the matter in dispute has arisen. In no event, however, shall a written notice of demand for arbitration be given after the date on which a legal action concerning the matter in dispute would be barred by the appropriate statute of limitations.
NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE BUSINESS AND PROFESSIONS CODE OR OTHER APPLICABLE LAWS. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.” “WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION TO NEUTRAL ARBITRATION.
PAYMENT AND ATTORNEY’S FEES:Please be aware that contractors will charge 2% interest per month on late invoices after payment hasn’t been received in 30 days since completion date. If any suit or action is brought to collect payment arising from the agreement, the prevailing party shall be entitled to recover its costs and expenses arising out of such litigation, including attorneys' fees and court costs, from the non-prevailing party.
ENTIRE CONTRACT: This agreement constitutes the entire contract and the parties are not bound by oral expression or representation by any party or agent of either party. All changes to the work approved by owner and accepted by contractor in writing become part of this contract.
BUILDING CODE WAIVER DISCLOSURE: The contractor hereby disclaims any liability for repairs pertaining to the following building code sections: R101.2, R101.3, R102.7.1, R104.11, R104.9.1, R105.2, R903.2.1, and R908.5. By agreeing to this agreement, the client acknowledges that the contractor shall not be held accountable for any issues arising from non-compliance with these specific building code provisions.
SKYLIGHT AND CHIMNEY DISCLOSURES: Existing skylights and chimneys are not covered under the warranty due to their pre-existing condition and the potential for unforeseen issues that may arise. The contractor is not responsible for any leaks, damage, or defects related to these existing structures.
“THREE-DAY” RIGHT TO CANCEL: You, the buyer, have the right to cancel this contract within three business days. You may cancel by e-mailing, mailing, faxing, or delivering a written notice to the contractor at the contractor’s place of business by midnight of the third business day after you received a signed and dated copy of the contract that includes this notice. Include your name, your address, and the date you received the signed copy of the contract and this notice. If you cancel, the contractor must return to you anything you paid within 10 days of receiving the notice of cancellation. For your part, you must make available to the contractor at your residence, in substantially as good condition as you received it, any goods delivered to you under this contract or sale. Or you may, if you wish, comply with the contractor’s instructions on how to return the goods at the contractor’s expense and risk. If you do make the goods available to the contractor and the contractor does not pick them up within 20 days of the date of your notice of cancellation, you may keep them without any further obligation. If you fail to make the goods available to the contractor, or if you agree to return the goods to the contractor and fail to do so, then you remain liable for performance of all obligations under the contract.
CONTRACTOR RIGHT TO CANCEL: The contractor reserves the right to withdraw pricing at any time.
THIRD-PARTY RENTALS/MATERIAL DELIVERY: The contractor shall not be held liable for any damages associated with third-party rentals or material deliveries.
INFORMATION ABOUT THE CONTRACTORS STATE LICENSE BOARD (CSLB): CSLB is the state consumer protection agency that licenses and regulates construction contractors. Contact CSLB for information about the licensed contractor you are considering, including information about disclosable complaints, disciplinary actions and civil judgments that are reported to CSLB. Use only licensed contractors. If you fi le a complaint against a licensed contractor within the legal deadline (usually four years), CSLB has authority to investigate the complaint. If you use an unlicensed contractor, CSLB may not be able to help you resolve your complaint. Your only remedy may be in civil court, and you may be liable for damages arising out of any injuries to the unlicensed contractor or the unlicensed contractor’s employees. For more information: VISIT CSLB’s website at www.cslb.ca.gov; CALL CSLB at 1-800-321-CSLB (2752); WRITE CSLB at P.O. Box 26000, Sacramento, CA 95826.
About DE Group, Inc.
DE Group, Inc., Developments & Enclosures Group, operating as DE Group Roofing & Waterproofing Corporation, is a California-based construction services firm specializing in roofing, waterproofing, building envelope solutions, solar/BIPV systems, and additional integrated construction services. Headquartered in Walnut Creek, California, the company combines decades of hands-on industry expertise with modern innovation to serve high-profile commercial and institutional clients across the San Francisco Bay Area and beyond. DE Group is dedicated to quality, reliability, sustainability, and long-term client partnerships.
We redefine, design, create, provide construction solutions that bring people together with a quality over profit mindset.
For more information, visitwww.degroupusa.com or email hello@degroupusa.com.
DE Group delivers comprehensive construction, roofing, waterproofing, and energy solutions across a wide range of markets, including residential, commercial, industrial, and supporting infrastructure; civil and heavy construction; renewable energy and solar; architectural and building envelope services; transportation; defense and intelligence; homeland security; healthcare; education; hospitality; retail; technology and data centers; utilities; agricultural and ranching facilities; public works; and federal, state, and local government projects. Our services span from roofing, waterproofing, damp proofing, gutters and downspouts, building envelope restoration, onsite sanitation, construction site services, inspections, advisory support, demolition, and solar solutions, through start up to completion.