+701-314-1458
Capital Exteriors Inc. License #53500
Effective Date: January 1st 2026
These Terms and Conditions are incorporated by reference and are made part of Property Owner's/Insured's (the "Customer") Service Agreement (the "Agreement") with Capital Exteriors Inc. ("The Company"). By signing your Agreement and/or accepting The Company's services, Customer acknowledges that he/she/they/it have read, understood and agree to be bound by these Terms and Conditions.
As used herein, the following terms are defined as follows:
1.1 Customer: The Customer is the person or entity identified in the Agreement who has entered the Agreement with The Company. Customer means the Customer and/or authorized representatives of the Customer.
1.2 Property: Property means Customer's property and improvements that are identified in the Agreement.
1.3 Insurer or Insurance Company: Insurer, insurer, Insurance Company, or insurance company means the Customer's Insurance Company that issued a policy of insurance that may provide coverage for the damage to the Property.
1.4 Work: The Work includes all labor, materials, equipment, supervision, administration, design services, measurements, blueprints, building plans, specifications, inspections, estimation, and documentation for the completion of the construction identified in the Agreement. If Customer entered into an Insurance Restoration Agreement, the scope of the Work is the labor, materials, equipment, supervision, administration and other necessary items for which the Insurance Company provides insurance coverage. The Work includes additional items identified in an executed Change Order.
1.5 Change Order: A Change Order is a written modification of the Agreement that is signed by both Customer and The Company and authorizes a change in the Agreement's Work, a change in the payment amount due under the Agreement, and/or changes the schedule for completing the Agreement's Work. There are two types of Change Orders:
1.5.1 Change Orders for Necessary Work: The Customer shall agree to a Change Order for additional Work, payment and/or schedule time that results from unforeseen conditions discovered after entry into the Agreement and/or during construction that must be addressed, for example due to building code requirements or applicable building standards (e.g. requirements of an engineer or architect).
1.5.2 Change Orders for Requested Changes: The Customer shall agree to a Change Order for Customer-requested modifications or additions to the Work. The Company is not obligated to begin any additional Work, to order or procure any materials, or to mobilize its workforce prior to the Customer executing a Change Order for Requested Changes.
2.1 Acceptance of Terms and Conditions: Customer acknowledges that by signing his/her/their/its Agreement and/or by accepting The Company's services, Customer acknowledges that he/she/they/it have read, understood, and agrees to be bound by these Terms and Conditions.
2.2 General Contractor: Customer acknowledges that The Company is acting as a general contractor and as such, The Company shall be entitled to the overhead and profit, as stated in the Customer's insurance company's loss paperwork, before any deductibles or depreciation are subtracted. The Company's standard overhead and profit is 20% of the value of the Work. This Section shall survive any cancellation.
2.3 Hazardous Materials, Mold and Other Hidden Conditions: Nothing contained in the Agreement shall be construed to require The Company to determine the presence or absence of any hazardous materials, asbestos-containing materials, mold, insect or rodent infestation, or any other hidden, concealed or unforeseeable conditions affecting the Work or to require The Company to remove, protect against or dispose of or remedy such materials or conditions. In the event The Company learns of the presence of such materials or conditions at the Work site, The Company reserves the right to immediately stop Work and/or require a Change Order for such additional Work as may be required. For purposes of the Agreement, a hidden, concealed or unforeseeable condition shall mean a condition not readily observable to an experienced contractor or subcontractor inspecting the Property for the purpose of estimating for and performing the Work covered by the Agreement.
2.4 Severability: If any portion of the Agreement or the Terms and Conditions is found to be unenforceable, the remaining portions shall remain in full force and effect, and the unenforceable portion shall be deemed modified to the extent necessary to comply with applicable law.
2.5 Non-Waiver: No failure or delay by The Company in exercising any right, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
2.6 Mechanic's Lien Rights: The Company retains all rights under North Dakota law to file a mechanic's lien against the Property for any unpaid amounts due under the Agreement or any related contract. This Section shall survive any cancellation.
2.7 Entire Agreement: The Agreement, including any exhibits attached thereto (if any), together with these Terms and Conditions constitutes the entire Agreement and understanding between the Customer and The Company with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations, representations, and understandings, whether written or oral. No amendment, modification, or waiver of any provision of the Agreement shall be effective unless it is in a writing that expressly states it is an amendment to this Agreement and is signed by duly authorized representatives of both the Customer and The Company. This Section shall survive any cancellation.
2.8 Headings for Convenience Only: The headings in this Agreement are for convenience and reference purposes only and shall not affect the meaning or interpretation of any provision of this Agreement.
2.9 Voluntary Cancellation by The Company:
2.9.1 Company's Right to Cancel: The Company may, in its sole discretion and for any reason or no reason, cancel the Agreement, in whole or in part, at any time.
2.9.2 Notice of Cancellation: If The Company elects to cancel the Agreement, Company shall provide Customer with written notice of cancellation (the "Cancellation Notice"), which may be delivered by email to Customer's designated notice address or by any other reasonable method. Cancellation shall be effective on the date specified in the Cancellation Notice, or if no date is specified, upon electronic transmission of the Cancellation Notice or The Company's placing the Cancellation Notice into the mailbox.
2.9.3 No Liability; Sole Remedy: Upon cancellation pursuant to this Section, The Company shall incur no liability of any kind to Customer, whether for damages, costs, lost profits, reliance, or otherwise, and Customer shall have no claims or remedies against Company arising out of or related to such cancellation or the Agreement. Without limiting the foregoing, Customer acknowledges and agrees that (i) Customer is not entitled to any termination or cancellation charges, penalties, or fees; and (ii) any prepayments for undelivered Work or unperformed services as of the effective date of cancellation shall be promptly refunded by Company as Customer's sole and exclusive remedy.
2.9.4 Customer Liability: If The Company cancels the Agreement after The Company has begun Preconstruction Services, The Company shall be entitled to recover from the Customer the reasonable value of Work performed plus The Company's standard overhead and profit at a rate of 20% of the value of the Work performed as estimated by The Company, and the value of The Company's Preconstruction Services, plus The Company's standard overhead and profit at a rate of 20% of the value of the Preconstruction Services. Customer acknowledges and agrees that the Preconstruction Services are valued as follows: 1% of The Company's estimated value of the Work for preparation of written estimates; 5% of The Company's estimated value of the Work for The Company's performance of property inspections, photo reports, material assessments and order sheets, and work order sheets; $150 for The Company's measurements taken of the Property; actual cost at an hourly rate of $200.00 multiplied by the number of hours spent preparing all blueprints, building plans, building specifications, 3D models, technical drawings, and similar documents; all actual cost paid or incurred by The Company to any third-parties; and all other services performed by The Company on a time and/or material basis. This section shall survive any cancellation.
Pursuant to NDCC 51-18-08-08, Customer may receive a refund for services not performed if Customer requests cancellation of The Company's services and/or Work no later than fifteen (15) days after the Customer signs the Agreement. Customer may be eligible for a full refund if services and/or Work have not begun, or a proportional refund for services and/or Work not yet performed. Refunds will be provided to Customer within thirty (30) days after cancellation of the Agreement.
Pursuant to NDCC 26.1-39.2-02 Customer may cancel this Agreement before midnight on the later of the fifth business day after the Customer has entered this Agreement or received written notice from the Customer's insurer that all or part of the Customer's insurance claim or contract is not a covered loss under the insurance policy.
Customer may cancel the Agreement by mailing or delivering a signed and dated written notice to Capital Exteriors Inc. at 603 - 52nd Street NE, Bismarck. ND 58501.
The terms in this Section are applicable only if the Agreement is a Retail Construction Agreement, as stated on the top of the Agreement, and are in addition to the other Terms and Conditions.
4.1 Timeline: The Company will provide the Customer with a non-binding schedule estimating the timeline for completion of the Work.
4.2 Payment:
4.2.1 Down Payment: Customer shall make the down payment specified on the Agreement. The Company is not required to begin Work, order any materials, or mobilize its workforce until it is in receipt of the down payment.
4.2.2 Progress Payments: If Work will exceed one calendar month, Customer shall make monthly progress payments to The Company, to be made on the tenth (10th) of each calendar month, for Work completed and material ordered or procured for the Agreement as of the last day of the preceding month as identified in The Company's statement.
4.2.3 Final Payment: Final payment in full shall be due upon completion of the Work.
The Terms and Conditions contained within this Section apply only if the Agreement is an Insurance Restoration Agreement, as stated on the top of the Agreement, and are in addition to the other Terms and Conditions.
5.1 Insurance Restoration Agreement Acknowledgment: Customer indicates, to the best of his/her/their/its knowledge, that the Work contemplated by the Agreement is related to a claim under a property insurance policy. By entering into the Agreement, Customer agrees to retain The Company as the Customer's exclusive hired and selected general contractor to replace and/or repair the damage on the Property identified in the Agreement (the restoration services "Work"), contingent upon the Customer's insurance company's approval and provision of insurance benefits for damaged items. It is understood and agreed that The Company may communicate with the Customer's insurance company and/or its representatives to discuss The Company's estimates and the restoration Work to be done to the Property. The Company is at all times acting as an independent general contractor hired and selected to be the exclusive general contractor by the Customer for the performance of the Work. Upon the Customer's insurance carrier's settlement agreement to the extent of insured damages and the cost of fixing them, The Company may begin restoration services Work on the Customer's Property.
5.2 Not A Public Adjuster: The Company is not acting as a public adjuster. The Company does not act for or aid the Customer in negotiation or settlement of the Customer's insurance claim with the Customer's insurance company. The Company does not investigate, adjust losses or advise Customers regarding insurance claims for loss or damage. If the Customer decides to retain the services of a licensed public adjuster, The Company will work with the Customer's public adjuster.
5.3 Insurance Proceeds:
5.3.1 Actual Cash Value (ACV): Actual Cash Value ("ACV") insurance policies generally pay only for the depreciated value of the damaged items, which means that the insured Customer receives less money and is responsible for paying the difference between the current cost of replacement and the depreciated value that the insurer pays under the ACV insurance policy.
5.3.2 Replacement Cost Value (RCV): Replacement Cost Value ("RCV") insurance policies generally pay the full cost to replace damaged items with new, like-kind materials at current market prices. Pursuant to the specific terms of an RCV insurance policy, the insurance company initially pays the ACV (depreciated amount) of the loss (typically 40-60% of the claim) and only pays the remaining recoverable depreciation upon receipt of proof of completion of the repair or replacement work. The Customer is responsible for pursuing recoverable depreciation from their insurance company upon completion of the Work.
5.3.3 Deductible: Customer shall pay their insurance policy deductible. Customer acknowledges and agrees that The Company does not pay, absorb, waive, or rebate insurance policy deductibles. Customer's insurance policy deductible is the Customer's legal responsibility. Customer shall pay The Company the Customer's insurance policy deductible with Customer's final payment to The Company. "A residential contractor may not promise to rebate a portion of an insurance deductible as an inducement to the sale of goods or services. A promise to rebate a portion of an insurance deductible includes granting an allowance or offering a discount against the fees to be charged or paying an insured or a person associated with the residential real estate a form of compensation, except for an item of nominal value." N.D. Cent. Code § 26.1-39.2-03.
5.3.4 Insufficient Insurance Proceeds: Customer acknowledges and agrees that he/she/they/it shall pay The Company for the insurance policy deductible and for any and all charges, Work, costs or other amounts expended by The Company that are not covered by the Customer's insurance policy or for which the Customer's insurer declines to pay.
5.3.5 Scope and Pricing: The scope of Work and pricing shall be determined by the final agreement with the Customer's insurance company.
5.3.6 ACV Policy Conversion to Retail: If the Customer has an ACV insurance policy, Customer's Agreement shall be a Retail Construction Agreement, and Customer agrees that The Company will utilize The Company's retail pricing for the Agreement, rather than the pricing established by the amount of the insured loss, unless, The Company specifically agrees in writing to waive this requirement.
5.4 Customer's Out of Pocket Expenses: Customer's out-of-pocket expense will not exceed Customer's insurance policy deductible for Work approved by the insurance company, plus the cost of additional Work identified in a Change Order signed by the Customer and The Company.
5.5 Customer Cooperation: Customer agrees to provide all necessary documentation for the insurance claim and to provide all pertinent documentation to facilitate payment from the insurance company, mortgage company, and/or additional insureds.
5.6 Increased Costs: Customer agrees that The Company may request payment from the Customer's insurance company named on the Agreement for increased costs to perform the Work, including but not limited to the following: material and/or labor cost increases, market changes, missing items, unforeseen items/circumstances or inaccurate insurance measurements/scope of damages for the insurance claim.
5.7 Emergency Services: Customer understands that emergency services are necessary steps taken to prevent additional damage to the building and/or contents and that restoration services may include cleaning, drying, repair, resurfacing, refinishing, and/or replacement of building materials and contents. The Company agrees to perform emergency services and restoration services in a workmanlike manner using reasonable care to restore the property and contents as nearly as possible to their pre-loss condition. Customer agrees to pay The Company for emergency services rendered by The Company whether or not the insurance company pays for such services.
5.8 Work Requirements: The Company will ensure that all Work performed meets the Customer's insurance company's reasonable requirements, applicable building codes, and applicable manufacturer specifications.
5.9 Assignment of Insurance Benefits: Customer understands that the total cost of the restoration services Work shall be payable upon completion of Work. Customer agrees to pay The Company for such restoration services Work, and hereby assigns to The Company the insurance proceeds payable for such restoration services Work. Customer hereby authorizes and instructs Customer's insurance company to make direct payment to The Company, or in the alternative to include The Company as a named payee on all insurance proceeds checks or drafts now or hereafter payable for such loss. Customer understands that he/she/they/it is/are liable for payment of any deductible and for any and all charges not covered by Customer's insurance company. The Company makes no assurances that the Customer's claimed loss will be fully covered by an insurance contract. The Customer has a right to cancel this assignment in accordance with subsection 1 of NDCC section 26.1-39.2-02.
5.10 Timeline:
5.10.1 No Responsibility For Insurance Company: Customer acknowledges and agrees that insurance restoration projects are significantly more complex than retail construction work; complex insurance restoration projects have been known to take 1-2 years from the date of the loss to the completion of work. Customer acknowledges and agrees that The Company does not control the insurance company's pace.
5.10.2 Insurance Work: The commencement of all Work is contingent upon first obtaining insurance company approval and agreement on both the scope of Work and pricing. The commencement of the Work is contingent upon The Company's acceptance of the insurance company's scope and pricing for the Work; The Company reserves the right to terminate the Agreement in the event it determines in its discretion that the insurance company's price and scope of the work is not fair and accurate. The Company's insurance restoration work is on a "per insurance approval" basis, except as specifically provided, the Customer does not have any financial obligation to The Company unless and until the insurance company approves the restoration work; if the insurer denies the insurance claim or determines that no Work is needed, the Customer owes nothing. Any attempt by the Customer to terminate the Agreement after The Company has begun its Preconstruction Services, regardless of whether construction has commenced and regardless of whether the insurance company grants or denies insurance coverage, constitutes a breach of the Agreement and entitles The Company to recover its actual and consequential damages from the Customer.
5.11 Preconstruction Services: As part of the Agreement, and in exchange for the Customer's selection of The Company as the Customer's exclusive hired and selected general contractor for performance of the Work pursuant to the Agreement, The Company agrees to provide the Preconstruction Services (the "Preconstruction Services") identified in this Section.
5.11.1 Comprehensive Review and Estimate: The Company will undertake a comprehensive review of Customer's property to identify the nature and scope of the repairs necessary to repair and restore the Customer's property. The Company will prepare a comprehensive and detailed Xactimate estimate with line-by-line breakdowns that detail the labor and materials required to be furnished to repair and restore the Customer's property. The Company will perform a comprehensive review of Customer's property to document damage, and will provide, as necessary: digital photography, detailed inspection reports, blueprints, building plans, building specifications, 3D models, and technical drawings, vendor and subcontractor quotes, technical specifications and submittals, and supplemental estimates and documentation as needed. The Company may utilize one or more project managers, estimators, architects, engineers, subcontractors, and/or third-party vendors.
5.11.2 Acknowledgement: The Company's provision of Preconstruction Services involves a significant expenditure of The Company's time and resources, which The Company undertakes in exchange for the Customer's Agreement to retain The Company as the Customer's exclusive hired and selected general contractor for the completion of the restoration Work. Customer acknowledges and agrees that The Company's Preconstruction Services represent the provision of substantial and valuable professional services that inure to the Customer's benefit. Customer further acknowledges and agrees that once The Company has begun Preconstruction Services, cancellation of the Agreement by the Customer is particularly damaging to The Company. Accordingly, if the Customer cancels the Agreement after The Company has begun Preconstruction Services, The Company shall be entitled to recover from the Customer the reasonable value of Work performed plus The Company's standard overhead and profit at a rate of 20% of the value of the Work performed as estimated by The Company, the value of The Company's Preconstruction Services, plus The Company's standard overhead and profit at a rate of 20% of the value of the Preconstruction Services. Customer acknowledges and agrees that the Preconstruction Services are valued as follows: 1% of The Company's estimated value of the Work for preparation of written estimates; 5% of The Company's estimated value of the Work for The Company's performance of property inspections, photo reports, material assessments and order sheets, and work order sheets; $150 for The Company's measurements taken of the Property; actual cost at an hourly rate of $200.00 multiplied by the number of hours spent preparing all blueprints, building plans, building specifications, 3D models, technical drawings, and similar documents; all actual cost paid or incurred by The Company to any third-parties; and all other services performed by The Company on a time and/or material basis. This Section shall survive any cancellation.
5.12 Payment:
5.12.1 No Down Payment: The Company requires $0.00 down payment for insurance restoration services and Work.
5.12.2 Payment Upon Material Delivery: Upon delivery of materials, or when scope and pricing for the Work are substantially agreed upon with the Customer's insurance company, whichever occurs first, The Company shall be entitled to receive as payment the ACV payment.
5.12.3 Final Payment: The entire payment due under the Agreement, which shall be the full amount of the insurance benefits provided by the Customer's insurance company plus all amounts authorized by Change Order, shall be due and payable at the completion of the Work or at completion of a major phase of the Work notwithstanding that other major portions or phases of the Work are not completed (e.g. payment for all roofing Work is due at completion of roofing Work, payment for all siding Work is due at completion of siding Work).
5.13 The Company's Role: The Company is acting as a general contractor and not as a public adjuster or insurance representative of the Customer.
5.14 The Company's Right To Communicate: Customer acknowledges, agrees and hereby authorizes The Company to communicate with Customer's insurer and/or representatives of the insurer and to receive information from the Customer's insurer and/or representatives of the insurer regarding the Customer's insurance claim. Upon request of The Company, the Customer agrees to execute a separate third-party authorization naming The Company as an authorized-third party who may communicate with and receive information from the Customer's insurer regarding the Customer's insurance claim.
5.15 The Company's Right To Request Payment For Increased Cost: Customer acknowledges and agrees that The Company shall have the right to request payment for increased costs to perform repair/restoration Work, including but not limited to increased costs caused by: material cost increases, labor cost increases, market changes, missing items, unforeseen items/circumstances, inaccurate insurance measurements, and/or inaccurate insurance scope of damages.
5.16 Customer Obligations: It is Customer's responsibility to comply with all applicable deadlines for the completion of restoration Work. Customer acknowledges that his/her/their/its insurance policy may contain deadlines, including but not limited to those deadlines: for completing restoration work, for submitting insurance claims, electing an insurance policy appraisal provision, and/or for commencing legal proceedings (lawsuits, arbitration) against the insurer. Accordingly, Customer acknowledges and agrees that it shall be Customer's sole obligation to ensure that all applicable deadlines are met, and if necessary, that it shall be Customer's sole responsibility to request extensions of any deadlines from their insurance company regardless of any delay, however caused.
5.17 Appraisal Process: In the event a disagreement arises with the Customer's insurance company that cannot reasonably be resolved through Customer's negotiation, the Customer agrees to initiate the appraisal process provided by the insurance policy when requested by The Company. If The Company requests that the Customer initiate the appraisal process pursuant to the Customer's insurance policy, The Company agrees to pay for the costs of the appraisal process actually incurred by the Customer up to but not more than 10% of the amount of insurance benefits approved by the Customer's insurer at the time the appraisal process is elected by the Customer. In the event the Agreement is terminated prior to the Completion of the Work and prior to full payment for all of the Work is made to The Company, The Company shall be entitled to recover from the Customer the amounts expended by The Company pursuant to this provision, in addition to other remedies.
5.18 Like Kind and Quality Requirements: All insurance restoration Work must meet like kind and quality standards as required by law and insurance policy terms. Any upgrades or changes beyond what is covered by the insurance company are the Customer's personal financial responsibility.
5.19 Payment Due Upon Cancellation: In the event the Agreement is cancelled by the Customer, without legal right, prior to the Completion of the Work and prior to the full payment for all of the Work is made to The Company, The Company shall be entitled to recover from the Customer the value of the Work as estimated by The Company already performed by The Company, plus The Company's overhead and profit calculated at a rate of 20% of the cost of the Work performed, plus the fair market value of all Preconstruction Services performed by The Company for the Customer. This Section shall survive any cancellation.
6.1 Lifetime Workmanship Warranty: All work shall be completed in a good and workmanlike manner. The Company's warrants that all Work will be free from defects caused by faulty workmanship for the life of the product and so long as the Customer owns the property. The Lifetime Workmanship Warranty is nontransferable.
6.2 Waiver of Implied Warranties: To the fullest extent permitted by North Dakota law, The Company expressly disclaims and excludes all implied warranties, including without limitation: (a) the implied warranty of merchantability; (b) the implied warranty of fitness for a particular purpose; (c) any implied warranty of workmanlike construction or workmanship; and (d) any other warranties implied by law or arising from course of dealing, usage of trade, or course of performance. Customer acknowledges that no such implied warranties are made and that the Customer has not relied upon any representation or warranty not expressly set forth in the Agreement or these Terms and Conditions. Customer agrees that this waiver of implied warranties was negotiated and forms a material part of the basis of the bargain between the Customer and The Company. Customer understands and acknowledges that but for this disclaimer, the Agreement price would be higher and The Company would not agree to perform as provided in the Agreement or pursuant to the Terms and Conditions.
6.3 Express Warranties: Any express warranty provided by the Company in the written Agreement, or these Terms and Conditions, if any, is the sole and exclusive warranty applicable to the Work. In the event of any conflict between an express warranty and this disclaimer, the express warranty controls solely to the extent of the conflict.
6.4 Warranties Null and Void: All warranties, whether express or implied, provided under the Agreement shall be null, void, and of no effect if Customer fails to remit full payment of all amounts due under the Agreement within the time specified. In such event, The Company shall have no further obligation with respect to any warranty claims, and Customer expressly waives any rights to enforce such warranties.
6.5 No Responsibility, No Liability: The Company shall have no responsibility for damages to the property caused by fire, windstorm, hail, snow, ice dams or other hazard, as is normally covered by homeowners' insurance, unless a specific written agreement has been made prior to commencement of Work. The Company shall not be liable for failure of performances due to labor controversies, strikes, fires, weather, inability to obtain materials from usual sources, or any other circumstances beyond the reasonable control of The Company. The Company is not responsible for any damage below the roof deck, damage caused by pre-existing construction defects or leaks by excessive wind, hail, snow, ice dams or other hazard. Excessive wind is 65 m.p.h. and above. All materials used are subject only to the warranties provided by the manufacturers and/or suppliers, if any. If Customer does not fully pay The Company in accordance with the Agreement, all warranties beyond the minimum required by Law are null and void.
7.1 Holdback: In the event an inspection is required, the maximum allowable holdback that Customer may retain from The Company shall be five percent (5%) of the full Agreement amount. In no event shall Customer withhold payment from The Company for more than 30 days from substantial completion (the date on which The Company's work is substantially finished so that the property can be used for its intended purpose), or the date of Company's last furnishment of work at the property, whichever is earlier.
7.2 Failure To Make Payment, Late Fee: Customer's failure to make payment when due shall entitle The Company to stop all Preconstruction Services and/or Work on forty eight (48) hours' notice. Insured/Property Owner agrees to pay The Company's reasonable costs to stop the project and/or resume Work. Customer shall pay a late fee of one-and-one-half percent (1.5%) per month, or the maximum amount allowed by law, on all balances 30 days or more past due. This Section shall survive any cancellation.
8.1 Permits and Code Compliance: The Company will obtain all required building permits. The Company's Work will meet applicable building codes, and manufacturer specifications.
8.2 Site Protection: Customer acknowledges and agrees that construction is an inherently messy undertaking and further acknowledges that construction involves inherent risk of damage to persons and property. Customer shall be responsible for removing or protecting personal property to prevent damage during construction. Customer must remove vehicles, personal items, and persons out of work areas as requested by The Company. The Company will take reasonable measures to protect Customer's building and finishes against damage resulting from construction activities during construction. Reasonable measures include covering sensitive areas using protective materials and implementing safety protocols. The Customer hereby agrees to indemnify, defend, and hold harmless the Contractor, its officers, directors, employees, agents, and assigns from and against any and all claims, liabilities, losses, damages, costs, or expenses (including reasonable attorneys' fees and court costs) arising out of or related to any damage to personal property or Property occurring during the course of construction activities performed by the Contractor or its subcontractors, except to the extent such damage is caused by the gross negligence or willful misconduct of the Contractor.
8.3 Site Cleanliness: The Company will maintain professional work site standards. This will include daily cleanup of debris, and proper disposal of construction materials.
8.4 Work Site Access: Customer is responsible for providing reasonable access to work areas.
8.5 Delays: The Company shall not be responsible for construction schedule delays.
8.6 Material Selection and Changes: All products and materials must be selected and confirmed by the Customer before the Work commences. Any material or product changes requested or made after Work commences will be handled via a Change Order and the Customer shall be responsible for all associated cost increases, including any return and/or restocking fees for returned products or materials.
8.7 Material Availability and Pricing: The Company makes every effort to maintain consistent pricing, however, material costs and availability may fluctuate. Significant changes in material costs will be communicated to Customer. The Customer shall not withhold consent to a Change Order required to adjust the Agreement price due to significant market increases in material costs after execution of the Agreement.
9.1 Good Faith Negotiation: Any dispute that arises out of the Agreement, Work or other services performed by The Company, and/or between Customer and The Company shall first be addressed through informal good faith negotiations between Customer and The Company. This Section shall survive any cancellation.
9.2 Damages, Costs and Attorneys' Fees: Customer agrees to pay The Company all fees, costs, expenses and/or actual and consequential damages, including but not limited to employee time and expense, costs, disbursements, attorneys' fees and collection fees, incurred in connection with Customer's breach of the Agreement and/or these Terms and Conditions, and/or in connection with the collection of any unpaid balance beyond the amount covered by Customer's insurance company, or for the collection of any balance which remains unpaid because the Customer did not pay the insurance proceeds over to The Company, or in enforcing the terms of the Agreement and/or these Terms and Conditions. This Section shall survive any cancellation.
9.3 Jurisdiction and Law: The Agreement shall be governed by and construed in accordance with the laws of the State of North Dakota, without regard to its conflict of laws principles. Customer agrees to be subject to the personal jurisdiction of the State of North Dakota for all disputes arising out of the Agreement and/or these Terms and Conditions, and/or The Company's provision of Preconstruction Services, and/or Work. Any suit or action arising out of the Agreement, the Preconstruction Services, the Work, or relating to The Company shall be exclusively venued in the state courts of the State of North Dakota. This Section shall survive any cancellation.
4937-1308-0433, v. 3
Terms & Conditions
701-314-1458
Copyright Capital Exteriors Inc 2026 -- All Rights Reserved