Arizona Client Contract:
https://ObsidianSolutions.Global
PM@ObsidianSolutions.Global
+1-541-899-8080
PO Box 152 Rogue River OR 97537
This Agreement is entered into in Mohave County, in the State of Arizona, by and between “Obsidian Solutions Holdings, LLC”, hereafter referred to as “TPA” or “Obsidian Solutions”, Obsidian Solutions’ Vendors for Mitigation and Reconstruction, and Client 1 and if applicable Client 2 in the chartered Form attached to this contract, hereafter referred to as “Client(s)”, “Owner(s)”, or “Homeowner(s)” and, if applicable, Owner(s) Insurance Company conjoined to Owner(s) as inputted via the chartered Form attached to this contract.
The Owner’s Contact Information is the same as the filled form tethered to this contract as a charter. Owner authorizes Obsidian Solutions to represent Owner with their Insurance carrier and to manage their property claim from start to finish, including the orchestration of vetted and approved licensed, bonded, and insured contractor vendors to perform the scope of work insurance prescribes to restore the property back to its pre-loss condition within the parameters of the Owner’s Insurance policy coverage confirmation.
Our services are of no financial burden to the Owner other than:
Owners deductible, which is to be paid in full upon signing this contract and before commencement of work, if it is not already paid to another emergency vendor.
If the Owner wants any upgrades performed during reconstruction/repairs, or if out of pocket work occurs due to full or partial coverage denial, or if it is a purely out of pocket project, Obsidian Solutions will compose an estimate/invoice, and Owner approval is obtained via writing and/or payment in full, and Obsidian Solutions will execute the agreed upon scope of work. This acts as a charter to this contract.
If any Emergency Work, such as plumbing and initial mitigation, is required to stabilize the worksite before the Homeowners coverage confirmation is obtained, and there is no coverage or only partial coverage.
The following is the Construction Contract aspects required for Obsidian Solutions’ licensed, bonded, and insured vetted and approved Vendor contractors, herein after referred to as “Builder(s)” who perform work. This is a work authorization for any of the TPA’s contractor vendors required for project execution, like Emergency Services, Abatement, Mitigation, Contents, and Repair Vendors.
Offer of Written Warranty:
Homeowner acknowledges that the Builder has offered a warranty against defect in materials and workmanship to the Homeowner, the Warranty is: (1) all work will be completed in compliance with provided estimate, (2) all work will be completed in compliance with governmental codes and industry standards, and (3) for a period of five [5] years following the execution of this Contract. Obsidian Solutions Vendors will correct and/or repair any work that fails to comply with government codes and/or industry standards. All claims for warranty work are subject to and conditioned upon prior written notices from the Homeowner describing reasonable detail in the work that fails to comply with governmental codes and/or industry standards. This warranty excludes damage caused by normal wear and tear, Homeowner’s failure to perform maintenance and/or damage by abuse and/or third parties.
Explanation of Homeowner’s Rights:
1. Homeowners have the right to receive the products and services agreed to in this Contract.
2. Homeowners have the right to resolve disputes through means outlined in this Contract.
3. Three-Day Right to Cancel: If this Agreement is signed at the Client’s home or electronically from the Client’s home, the Client may cancel this Agreement without penalty by sending written notice of cancellation no later than midnight of the third business day after signing, provided that no work has been performed under this Agreement prior to cancellation.
Explanation of Mediation or Arbitration Clause:
An “arbitration or mediation clause” is a written portion of a contract designed to settle how the parties will solve disputes that may arise during or after the construction project. Arbitration clauses are very important. They may limit a consumer’s ability to have their dispute resolved by the court system.
THIS CONTRACT CONTAINS AN ARBITRATION AND/OR MEDIATION CLAUSE.
BUILDER URGES HOMEOWNERS TO READ AND UNDERSTAND THE ENTIRE CONTRACT. INCLUDING ANY ARBITRATION CLAUSE, BEFORE SIGNING A CONSTRUCTION CONTRACT. HOMEOWNERS ARE NOT OBLIGATED TO ACCEPT CONTRACT TERMS PROPOSED BY THE BUILDER, INCLUDING ARBITRATION PROVISIONS. THESE CONTRACT TERMS MAY BE NEGOTIATED TO THE SATISFACTION OF BOTH PARTIES.
The Builder and the Owner Agree as Follows:
This is a cost-plus contract upon any out-of-pocket approvals via separate charters.
State of Work: builder agrees to furnish and pay the cost of all necessary materials and agrees to furnish and pay for all supervision, labor, tools, equipment, and transportation, and to perform the work required to repair and remodel the property.
Payment for Insurance Charges:
Again, only deductible amount in full is due to Obsidian Solutions upon the signing of this contract before work commences.
Separate contracts will be signed for any out-of-pocket expenses, other than deductible amount, such as upgrades, or if policy does not cover full or partial work required to restore property to pre-loss condition.
Obsidian Solutions will receive payment directly from Owner’s Insurance Carrier, and this contract consents to this. If Insurance does not allow funds to be directly paid to Obsidian Solutions, but will pay Owner, Owner will then pay Obsidian Solutions.
Obsidian Solutions is entitled to the full amount obtained through insurance upon its approval, including any Supplements. If Insurance does not pay Obsidian Solutions directly, and also does not pay Owner in full RCV (Replacement Cost Value), and only pays ACV (Actual Cash Value), Obsidian Solutions will invoice for full ACV to begin work, and will Invoice for remaining DCV (Depreciated Cash Value) or any additional Supplements upon project completion, unless a Supplement is greater than $5,000, in that case Obsidian Solutions will invoice for the Supplement upon its approval by insurance.
Example: ACV of $80 + DCV of $20 = RCV of $100.
Example 2: ACV of $80 + DCV of $20 = RCV of $100. Supplement of $10. Total $110.
Upon project completion, Party with the insurance funds pays Obsidian Solutions any final payment amounts that may be due, including but not limited to Supplements and Upgrades. Upgrades are Owner-approved before their execution.
Discounts at Obsidian Solutions’ discretion. Any discretionary discounts or reduced rates extended by Contractor are made solely as a courtesy and contingent on the timely and cooperative resolution of the project. In the event of a formal dispute, complaint, or escalation requiring administrative, regulatory, or legal response, such discretionary discounts may be withdrawn at Contractor’s sole discretion, and standard billing terms as set forth in this Agreement shall apply. In the event of a formal dispute requiring additional documentation, legal response, or regulatory inquiry, the client shall be responsible for reimbursing the contractor’s reasonable administrative and legal costs as outlined in the Legal Fees section of this agreement.
Payments are due within 7 Business Days from request by Obsidian Solutions.
Some projects require an upfront Retainer for initial time and expenses to progress to the point of deposit. An invoice for Retainer would be presented.
Obsidian Solutions holds the right to bill hourly after the first 3 Hours of work at an administrative price of $125 an hour in addition to any other expenses incurred prior to receiving deposit.
If this contract is canceled after Obsidian Solutions generates a PLNAR scan, Obsidian Solutions holds the right to charge a $350 fee.
If this contract is canceled after Obsidian Solutions generates an insurance estimate, Obsidian Solutions holds the right to charge our Estimation Fee of 4% of the Project Amount or a minimum of $500, whichever is greater.
If Owner chooses another General Contractor after funds are approved from Insurance to Owner, Obsidian Solutions is entitled to 25% of RCV amount secured from insurance in addition to any other expenses incurred, including and not limited to Administrative hours, Obsidian Solutions PLNAR scan fee, and Obsidian Solutions Estimation Fee of 4% of the Project Amount or a minimum of $500, whichever is greater.
Any estimates or work Owners obtain regarding the repairs or upgrades of their scope of insurance repair work from other Contractors without Obsidian Solutions' consent after the signing of this Contract can lead to immediate termination and can enact our ability to invoice for our time and resources as described above.
Payment for Out-of-Pocket Charges:
This Contract indicates an agreement between Obsidian Solutions and the Owner about project costs that are out of the Owner’s pocket and not covered by their insurance carrier and open claim we are serving. This contract is either for upgrades or required work that is outside of Owner’s Insurance policy coverage. This contract is linked to an estimate that has been provided, and signing indicates approval of the estimate cost and work authorization to commence.
Payment is required in full and up front in the amount of the estimate given.
Any Change orders are also required to be paid in full and upfront in the amount of the change order estimate given.
Again, this contract is a cost-plus contract, so if prices cost more than estimates or change order estimates, Owner will be alerted to the best of Obsidian Solutions' ability to anticipate any differences, but Owner will be invoiced for any final payment amounts upon project completion.
Discounts at Obsidian Solutions’ discretion. Any discretionary discounts or reduced rates extended by Contractor are made solely as a courtesy and contingent on the timely and cooperative resolution of the project. In the event of a formal dispute, complaint, or escalation requiring administrative, regulatory, or legal response, such discretionary discounts may be withdrawn at Contractor’s sole discretion, and standard billing terms as set forth in this Agreement shall apply. In the event of a formal dispute requiring additional documentation, legal response, or regulatory inquiry, the client shall be responsible for reimbursing the contractor’s reasonable administrative and legal costs as outlined in the Legal Fees section of this agreement.
Payments are due within 7 Business Days from request by Obsidian Solutions.
Some projects require an upfront Retainer for initial time and expenses to progress to the point of deposit. An invoice for Retainer would be presented.
Obsidian Solutions holds the right to bill hourly after the first 3 Hours of work at an administrative price of $125 an hour in addition to any other expenses incurred prior to receiving deposit.
If this contract is canceled after Obsidian Solutions generates a PLNAR scan, Obsidian Solutions holds the right to charge a $350 fee.
If this contract is canceled after Obsidian Solutions generates an estimate, Obsidian Solutions holds the right to charge our Estimation Fee of 4% of the Project Amount or a minimum of $500, whichever is greater.
If Owner chooses another General Contractor after deposit is paid, Obsidian Solutions is entitled to 25% agreed project amount, in addition to any other expenses incurred, including and not limited to Administrative hours, Obsidian Solutions PLNAR scan fee, and Obsidian Solutions Estimation Fee of 4% of the Project Amount or a minimum of $500, whichever is greater.
Any estimates or work Owners obtain regarding the repairs or upgrades of their scope of insurance repair work from other Contractors without Obsidian Solutions' consent after the signing of this Contract can lead to immediate termination and can enact our ability to invoice for our time and resources as described above.
Change Orders:
Free of charge for Owner to fill out and submit.
Must be agreed upon by both parties.
Estimated expenses required for Change Order completion to be paid for up front and in full by party.
All change orders may be billed at additional sixty dollars ($60) per labor hour plus overhead and profit (25%) on expenses.
Payments are due within 3 Business Days from request by Obsidian Solutions.
Obsidian Solutions Transparency:
Obsidian Solutions’ Labor and Materials of Project Costs, Overhead % of Project Costs, Obsidian Solutions’ PM Fee % of Project Costs, Obsidian Solutions’ Project Time Rate, and Obsidian Solutions' Trip Fee (if applicable), and Profit % of the Project’s cost are displayed on our invoices and estimates.
Commencement and Completion of Work: The Builder agrees to commence the work, including pre-construction phases, within ninety (90) business days or following issuance of the building permit. The Builder shall complete the work on or about the day following the commencement of construction unless the period for completion has been extended as provided in this Agreement or Amendments.
Contract Documents: The documents consist of this Contract, the estimate, plans, specifications, invoices, project charters, and any other correlated documents, if any. In the event Owner(s) are financing this project with a lender, Owner(s) acknowledge and agree that Builder’s Agreement to comply with any of lender’s lien requirements shall not supersede this Contract. This Contract supersedes any terms and provisions of the lender’s documents or contracts. Obsidian Solutions is not required to provide subcontractor invoices in accordance with Obsidian Solutions' invoices.
Licenses and Permits: Licenses and permits are to be applied for and paid for through Obsidian Solutions.
Service of Notices: All notices shall be mailed or delivered in the care of the Owner at the address given on page 2. All notices shall be mailed or delivered in the care of the Builder at the following address:
Obsidian Solutions
PO Box 152
Rogue River, OR 97537
Waiver: It is expressly understood and agreed that any waiver granted by either of the parties of any terms, provisions, or covenants of this Contract shall not constitute a precedent nor constitute a waiver of any other terms, provisions, or covenants of this Contract.
Fire Insurance: Owners shall purchase and maintain insurance against loss by fire or other casualty for the above-described land and improvement to the full insurable value thereof during the entire course of construction and shall name Builder as an additional insured. Other casualties include, but are not limited to, damage to construction work or neighborhood property occasioned by vandalism, traffic necessary for construction, and for unforeseen weather, ground slippage, falling limbs or trees, settling of the dwelling caused by flooding, the development of water springs during or after construction or any other accidental occurrence. Owner shall hold Builder harmless against loss by fire, theft, or casualty. The same holds true for flood insurance if Owners home is in a floodplain or zone where flood insurance is required.
Compensation Insurance: The Builder shall procure and maintain at its expense, during the life of this Contract, in accordance with the provisions of the laws of the State of Arizona, Workers' Compensation Insurance for all of its employees at the construction site. The Builder shall require all subcontractors to provide Worker’s Compensation Insurance unless the subcontractors are exempt pursuant to Arizona law.
Owner Warranty: Owner warrants that all utilities, including but not limited to heating, ventilation, gas, plumbing, and electric are to the site. Owner agrees that water, sewer, and access are Owner’s responsibility. Builder has no responsibility for water systems, sewer systems, or access. Owner warrants that the site is acceptable for the construction of the improvement pursuant to the plans and specifications. Owner warrants and agrees that the lot (real property) is suitable for the construction of the above-described improvement. Owner agrees that water systems, sewer systems, and access are Owner’s responsibility. Builder has no responsibility for water systems, sewer systems, and access to the site. The Owner accepts “ALL RISK” regarding surface and subsurface conditions, including all soil conditions, subsurface obstacles, drainage, water, and concealed or unknown conditions. Owner accepts “ALL RISK” as to any unknown conditions, including but not limited to conditions hidden from view or not known to Builder. Owner warrants that they have the property fully insured. Owner acknowledges and agrees that Owner is responsible for establishing all property lines. Owner warrants that all property lines as represented are correct.
Warranties:
All Manufacturers’ warranties shall pass to the Owner.
Builder warrants its labor and materials as follows: (1) All work will be completed in compliance with agreed-upon project scope. Obsidian Solutions will, to the best of their ability, come below the Owner’s project budget, but is not guaranteed. (2) All work will be performed in compliance with governmental codes and industry standards. (3) For a period of five [5] years following the execution of this Contract, Obsidian Solutions will correct and/or repair any work that fails to comply with government codes and/or industry standards. All claims for warranty work are subject to and conditioned upon prior written notice from the Homeowner describing in reasonable detail the work that fails to comply with governmental codes and/or industry standards. This warranty excludes damage caused by normal wear and tear, Homeowner’s failures to perform maintenance and/or damage by abuse and/or by third parties.
Disclaimer and Notice:
EXCEPT AS SPECIFICALLY WARRANTED IN THIS AGREEMENT, THE BUILDER DISCLAIMS MERCHANTABILITY, HABITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ALL CLAIMS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARE EXCLUDED. OWNER AGREES TO GIVE THE BUILDER WRITTEN NOTICE OF ANY CLAIM FOR BREACH OF CONTRACT, NEGLIGENCE, BREACH OF WARRANTY, OR ANY OTHER CLAIM OF ANY KIND WHATSOEVER WITHIN ONE (1) YEAR FROM THE DATE THE CERTIFICATE OF OCCUPANCY IS ISSUED OR THE DATE THE OWNER TAKES POSSESSION, WHICHEVER COMES FIRST. THE WRITTEN NOTICE SHALL SPECIFY IN PARTICULAR THE DETAILS OF THE CLAIM. IN THE EVENT OWNER DOES NOT PROVIDE WRITTEN NOTICE WITHIN ONE (1) YEAR, ALL CLAIMS SHALL BE FOREVER BARRED, RELEASED, AND PRECLUDED. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL CLAIMS, WHETHER KNOWN OR NOT KNOWN, ARE FOREVER BARRED, PRECLUDED, AND RELEASED IN THE EVENT OWNER FAILS TO PROVIDE WRITTEN NOTICE WITHIN ONE (1) YEAR AS PROVIDED HEREIN.
Representations: Owner acknowledges and agrees that there have been no representations, warranties, or verbal statements of any kind except as set forth in this Agreement. Owner acknowledges and agrees that they have not relied on any representations, warranties, or verbal statements of any kind except as specifically set forth herein.
Service Charges: In the event Owner fails to make any payment specified in this Agreement when it becomes due, the Builder shall be entitled to charge the Owner a service charge in the amount of six and one-half percent (6.5%) per month on the delinquent balance. Service charges will be assessed on any funds held in restricted escrow by Owner’s mortgage company that have not been released due to Owner’s failure to promptly communicate with mortgage company. If Obsidian Solutions does not receive payment within 10 days of an invoice with request for payment, there is a 6.5% interest rate on the amount due.
Delays and Extension of Time: If the Builder is delayed at any time in the progress of the work by any act or neglect of the Owner or by any separate subcontractor employed by the Owner permitted by Obsidian Solutions or by agreed upon extensions because of changes ordered in the work, or by strike, lockouts, fire, unusual delay in transportation, building inspector, unknown conditions, or any other causes beyond the Builder’s control, or by delay authorized by the Owner, then the time of completion shall be extended for such reasonable time as the parties may decide. In the event time for performance is extended, then time for payment of the remaining balance due to Builder shall be extended for an identical period of time.
Sub-Contractors: For a period of two (2) years from the termination of our business relationship, you agree not to directly engage, employ, contract, or otherwise utilize the services of any subcontractors or personnel who have worked on or been assigned to your projects by our company. This restriction applies specifically to subcontractors with whom you were introduced or had knowledge of through our business relationship. The intent is to protect our legitimate business interests and prevent any potential circumvention or diversion of resources. This clause shall survive the termination of our agreement. If broken by Owner, Obsidian Solutions has the right to pursue injunctive relief, damages, and liquidated damages.
Licensed Builder of Record and Project Administration Clause:
Obsidian Solutions operates as a property-claims project-management and administrative company. All construction, reconstruction, mitigation, or repair work requiring a contractor’s license shall be performed exclusively by a duly licensed General Contractor acting as the Builder of Record. The Builder of Record for projects under this Agreement is Legacy Real Estate Development, LLC or another State-licensed, bonded, and insured contractor engaged for specific scopes of work to be confirmed through a separate charter.
Obsidian Solutions’ role is limited to project management, coordination, insurance-claim administration, scheduling, and oversight of licensed vendors. The licensed Builder of Record retains responsibility for all physical construction, permitting, supervision, and compliance with applicable laws and building codes. Client acknowledges and consents that Obsidian Solutions does not self-perform construction services and that all licensed work is completed under the Builder of Record’s supervision and license authority.
Payments to Obsidian Solutions may include amounts collected on behalf of the Builder of Record pursuant to an internal subcontract or service agreement between the two entities. This arrangement ensures full compliance with Business and Professions Codes while allowing unified administration of the Client’s project.
Restoration: Standard operating procedures in the event that Owner has suffered property damage: Owner has filed a claim with their Insurance Company. Owner agrees to engage Obsidian Solutions to perform restoration and construction services ("Services") to mitigate, repair, and restore the property for the total of the approved amount of replacement cost value. Obsidian Solutions shall provide the Services as outlined in the attached estimate, contract herein, and any other relevant documents as the scope of work ("Scope of Work"). Owner authorizes their Insurance Company or any other relevant parties such as mortgage company controlling funds from claim to make Direct Payments to Obsidian Solutions as payee for the Services rendered under this Agreement, thusly rendering Owner no longer financially liable to the following parties for the restoration of the home, including but not limited to the City / County, Mortgage Company, Insurances, Inspector, and the State of Arizona. This and all actions in this contract will be governed by and construed in accordance with the laws of the relevant County, Arizona State Laws, and Federal Laws of the United States of America. Payments shall be made by the Insurance Company to Obsidian Solutions in accordance with section 3. Contractor shall provide the Insurance Company with invoices for each payment request, which shall include a detailed breakdown of costs. Homeowner agrees to cooperate with the Insurance Company in any necessary claims adjustment processes to facilitate direct payments to Obsidian Solutions, including Supplements made directly by Obsidian Solutions. Additional adjustments from Restoration plan are to be deliberated and detailed between relevant parties, including but not limited to Obsidian Solutions, Owners, and Insurance.
Assignment of Benefits Agreement Section
Purpose
This Agreement allows the TPA to act on behalf of the Assignor (Insured) regarding the insurance claim and payment related to damage repair and restoration services provided at the above-mentioned property. The intent of this Agreement is to:
Authorize the TPA to perform work related to the covered loss;
Assign all rights, benefits, and proceeds of the insurance policy (to the extent permitted by law) to the TPA for direct payment.
Allow the TPA to communicate with the insurance carrier, adjusters, and any third-party professionals related to the claim.
Assignment of Rights
For good and valuable consideration, the Assignor hereby assigns, transfers, and conveys to the Assignee all rights, benefits, proceeds, and causes of action under the aforementioned insurance policy regarding services rendered by the TPA in connection with the covered loss. This includes, but is not limited to:
The right to submit invoices and documentation directly to the insurer;
The right to collect payments directly from the insurer for the work performed;
The right to communicate scope and pricing justifications;
The right to have our licensed partners negotiate and settle the claim or any part of the claim related to the contractor’s work;
The right to endorse checks or payments made payable to the Assignor for the purpose of direct payment of vendor services rendered.
This assignment shall apply only to the scope of work authorized and performed by the contractor and shall not affect any unrelated portions of the claim.
Scope of Work
The services provided by the Assignee will include, but are not limited to:
[e.g., Water mitigation, mold remediation, structural drying, roof repair, general restoration, all things construction]
The contractor shall perform the work pursuant to industry standards and in accordance with the insurance carrier’s reasonable guidelines where applicable, not including Client out of pocket project aspects.
Authorization to Communicate
The Assignor authorizes the Assignee to communicate directly with the insurance company, adjusters, engineers, consultants, and any other parties necessary to facilitate claim processing, billing, and payment. The TPA is also authorized to receive all documents and information pertinent to the claim, including policy information, estimates, photographs, and reports.
More Payment Terms
The Assignor acknowledges that:
The TPA shall be paid directly by the insurance company from insurance proceeds;
Any deductible, depreciation, or uncovered work not covered by the insurance policy shall remain the financial responsibility of the Assignor unless otherwise agreed in writing;
Any delay or denial in payment by the insurer does not relieve the Assignor of payment responsibility for services rendered.
Legal Binding Effect
This Assignment of Benefits is a legally binding agreement and shall be governed by the laws of the state in which the property is located. If any part of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Assignment of Benefits Agreement Section Completion
Insurance Communication Authorization Section
This authorization expressly permits the TPA and their Partners like The Claims Ninja to act as a liaison between Client(s) and the insurance company and its representatives. Specifically, the TPA is authorized to:
Communicate directly with the insurer and/or its agents, including adjusters and consultants;
Discuss all aspects of the claim, including coverage, scope of work, policy provisions, and payment;
Submit estimates, photographs, invoices, and all supporting documentation on behalf of the contractor;
Negotiate, clarify, and advocate for a fair and complete settlement for the contractor’s scope of work;
Attend property inspections, adjuster meetings, and other on-site evaluations;
Request and receive claim-related documents and correspondence for the purposes of claim facilitation.
Disclosure: Non-Public Adjuster Agreement: This authorization does not constitute a Public Adjuster contract or agreement. The Claims Ninja does not represent the Client as a public insurance adjuster
Insurance Communication Authorization Section Completion.
Consumer Authorization for Direct Payment via ACH (ACH Debits)
This Authorization Agreement for Direct Payment via ACH (“Agreement”) authorizes the electronic transfer of funds between the consumer and the company named below, in accordance with the NACHA Operating Rules and applicable U.S. law.
Authorization
By signing this Agreement, the undersigned (“Account Holder”) authorizes [Company Name] (“Company”) to electronically debit the deposit account identified by the Account Holder at the financial institution named below (“Depository”) for payment of any amounts due and owing to Company. The Account Holder further authorizes Company to electronically credit the same account to correct any erroneous debit transactions.
Account Information
The debit will be made from the Account Holder’s designated checking or savings account at the Depository financial institution provided by the Account Holder through this authorization process. By submitting this form, the Account Holder confirms the accuracy of all banking information provided and certifies ownership and authority over the account.
Debit Amount and Frequency
The Account Holder authorizes Company to initiate ACH debit entries for the amount(s) owed as invoiced, billed, or otherwise agreed upon between the Company and the Account Holder. Such debit(s) may occur as one-time or recurring payments, consistent with the terms of the Account Holder’s agreement or service arrangement with the Company.
Effective Period and Revocation
This authorization will remain in full force and effect until the Account Holder provides written notice of revocation to Company. The Account Holder may revoke this authorization by notifying Company in writing at the mailing or email address provided by Company for billing correspondence. Written notice must be received no fewer than three (3) business days prior to the next scheduled debit to be effective for that payment. Failure to provide such notice will result in the debit being processed as authorized.
Error Correction
In the event of an erroneous debit or credit, Company may initiate corrective entries to the same account to adjust the error in accordance with NACHA rules. The Account Holder acknowledges that these corrective actions may occur without requiring separate written authorization.
Governing Rules
All ACH transactions under this Agreement will be processed pursuant to the NACHA Operating Rules, the Uniform Commercial Code (UCC) Article 4A, and all other applicable federal and state banking regulations.
Acknowledgment and Agreement
By providing authorization electronically or in writing, the Account Holder acknowledges that:
They have read and understood the terms of this ACH authorization.
They are an authorized signer on the account used for ACH transactions.
They agree that electronic submission or digital signature of this authorization constitutes their valid and binding signature.
This authorization will remain valid until revoked in accordance with the procedures described above.
Dispute Resolution:
Good Faith: Obsidian Solutions would like the option to resolve any potential issues with Owner before escalation to the following steps below.
Mediation: All claims of any kind or nature, including any dispute between the parties as to the interpretation, application, or validity of this Agreement, shall be submitted to mediation through the Superior Court in which the work is performed and mediation program or through the services of the Arbitration Service of American Arbitration Association
Arbitration: All Claims of any kind or nature, including any disputes between the parties as to the interpretation, application, or validity of the Agreement which have not been resolved by mediation or otherwise, shall be submitted to final and binding arbitration in accordance with Arizona laws. Filing for arbitration shall be treated the same as filing in court for purposes if meeting any applicable statutes of limitation or for purposes of filing a lis pendens. The parties shall proceed to arbitration through the service of the Arbitration Service of American Arbitration Association.
Fees: If Obsidian Solutions is ruled as judgment creditor (case winner), any court fees incurred due to these processes or an escalation of these processes will be imposed upon Homeowner, including an hourly rate of $250 for time spent directly towards Dispute Resolution.
The parties acknowledge and agree that it is their intent to have any disputes resolved through mediation and arbitration. The parties acknowledge and agree that any disputes arising under this agreement shall be heard and decided by one or more neutral mediators or neutral arbitrators and acknowledge that they are giving up the right to have the matter tried by a judge or jury. The parties acknowledge that the right to appeal an arbitration decision is limited under Arizona law.
Owner’s Termination: If the Builder defaults in the performance of any of the provisions of this Agreement or fails to carry out the construction in accordance with the provisions of this Agreement, the Owner may terminate this Agreement. Before terminating this Contract, the Owner shall notify the Builder in writing. In the notice, the Owner shall specify the respects in which they claim this Contract is in default, and the Builder shall have ten (10) days following receipt of said notice in which to remove any claimed default or to begin correcting any default, if any in fact exists, to reinstate this Agreement. A minimum of 10% of the estimated project cost is non-refundable in addition to Obsidian Solutions’ Overhead % of Project Costs, Obsidian Solutions’ PM Fee % of Project Costs, Obsidian Solutions’ Project Time Rate, and Obsidian Solutions' Trip Fee (if applicable), and Profit % of the Project’s cost stated in the estimate. If project cost is already greater than 10%, then Obsidian Solutions is entitled to any project costs spent to date out of Obsidian Solutions’s pocket, in addition to Obsidian Solutions’s Overhead % of Project Costs, Obsidian Solutions’s PM Fee % of Project Costs, Obsidian Solutions’s Project Time Rate, and Obsidian Solutions Trip Fee (if applicable), and Profit % of the Project’s cost.
Builder’s Termination: In the event the Owner fails to make a payment, Builder may immediately stop work until payment is made. In the event Owner defaults in the performance of any of the provisions of this Agreement, including failure to pay Builder as agreed, Builder may terminate this Agreement. Before terminating the Agreement, the Builder shall notify the Owner in writing. In the notice, Builder shall specify the respects in which it claims the Owner is in default, and the Owner shall have ten (10) days following receipt of said notice in which to make payment or to correct the default. Builder may terminate contract at any point in time and is entitled to payment up to that point in time, including all costs determined by Obsidian Solutions. A minimum of 10% of the estimated project cost is non-refundable in addition to Obsidian Solutions’ Overhead % of Project Costs, Obsidian Solutions’ PM Fee % of Project Costs, Obsidian Solutions’ Project Time Rate, and Obsidian Solutions' Trip Fee (if applicable), and Profit % of the Project’s cost stated in the estimate. If project cost is already greater than 10%, then Obsidian Solutions is entitled to any project costs spent to date out of Obsidian Solutions’s pocket, in addition to Obsidian Solutions’s Overhead % of Project Costs, Obsidian Solutions’s PM Fee % of Project Costs, Obsidian Solutions’s Project Time Rate, and Obsidian Solutions Trip Fee (if applicable), and Profit % of the Project’s cost.
Start to Finish Undercut: Obsidian Solutions does not allow the Owner to schedule other contractors or purchase materials pertaining to the project detailed via any documents correlated to this contract or during the duration of the project without Obsidian Solutions' consent. Doing so can result in immediate termination. Owner can request Obsidian Solutions to use certain Material Expediters or Subcontractors, but Obsidian Solutions holds the right to deny them. Without control of the project from start to finish, Obsidian Solutions can be held liable for any errors and cannot guarantee scope, timeline, or cost. This breaks Warranty. If Owner already has mitigation or reconstruction contractors, upon signing this contract Obsidian Solutions reserves the right to reject them unless they are an approved vendor, or become an approved vendor for Owners’ Project. They would be paid within insurance-approved standards for the extent of work they performed up to the point of this contract being signed by the Owner’s Insurance Carrier for work that falls under their claim, and would be personally responsible for any other expenses billed by them, contingent on the contract Owner’s signed with the Contractors not under the TPAs umbrella. Prices with the Owner’s prior Contractor are subject to negotiation for work already commenced or completed, and only issue payment after approval from your Insurance Carrier Company.
Legal Remedies: In the event of default, each party shall be entitled to all remedies provided by Arizona law and this Agreement (Subject to a one [1] year limitation on claims as provided herein).
Successors and Assigns: This Contract shall be binding upon the Builder and Owner, their successors, assigns, and representatives. Neither party shall or may assign this Contract, in whole or in part, without the written consent of the other.
Entire Agreement: This Contract represents the entire integrated Agreement between the parties and supersedes all prior negotiations, representations, or Agreements, either written or oral. All future correspondence, documents, and Charters from signing this contract are tied to this contract.
Marketing: Homeowner(s) grant Obsidian Solutions permission to use before and after images (pictures and videos) of the property for marketing purposes. Owner(s) grant Obsidian Solutions permission to place signs on the property during construction and repair.
This Client Contract is expressly incorporated into, and made part of, the New Project Form / Work Authorization executed by the Client for the property located at the Worksite Address and includes all information, representations, and acknowledgments provided therein such as Client(s) First and Last Name(s), Phone Number(s), Email Address(es), together with this Client Contract, constitute a single, binding agreement between the Client and Obsidian Solutions. In the event of any inconsistency, the terms of this Work Authorization shall govern. The signing of the New Project Form / Work Authorization and checking of “YES” confirms you understand that by checking "YES” below and signing the New Project Form / Work Authorization, Client(s) acknowledge and agree that: 1. Client(s) have been provided access to, and have had the opportunity to review, the Client Contract / Work Authorization applicable to the property state listed as the Worksite Address on this Form. 2. Client(s) expressly confirm that Client(s) have read, understood, and accept the terms of the Work Authorization for that state, which is incorporated herein by reference. 3. By Client(s) signature on the New Project Form / Work Authorization, Client(s) agree that the New Project Form / Work Authorization and the applicable Work Authorization together constitute a single, binding contract between Client(s) and Obsidian Solutions, covering the property located at the Worksite Address identified above. 4. Client(s) understand that Client(s) signature on the New Project Form / Work Authorization applies specifically and exclusively to the Client Contract / Work Authorization governing the state where the Worksite Address is located. 5. Client(s) further acknowledge that all information provided by Client(s) in this New Project Form / Work Authorization is true, complete, and New Project Form / Work Authorization as part of the contract and all State Required Notices filed with the information given and set forth and executing the Agreement on the date electronically submitted. 6. All blank spaces are filled with information in the New Project Form / Work Authorization
Obsidian Solutions
By its President/Authorized Representative