F.R. Roofing Services Terms and Condition

FR ROOFING SERVICES, INC.
SERVICE TERMS, WARRANTY & LEGAL DISCLOSURES

Effective Date: March 24th, 2026

1. ACCEPTANCE OF TERMS

By requesting service, inspection, estimate, repair, warranty work, or by accessing this website, you agree to be bound by these Terms & Conditions.

These Terms apply to all past, present, and future services to the fullest extent permitted by California law.

2. SCOPE OF WORK LIMITATION

Contractor is only responsible for work expressly stated in a written agreement.

Contractor is not responsible for:

• Pre-existing conditions

• Hidden damage

• Structural issues

• Code deficiencies

• Areas not exposed during work

3. LIMITATION OF LIABILITY

Contractor’s total liability shall not exceed the total amount paid under the original contract.

Under no circumstances shall Contractor be liable for:

• Interior damage

• Loss of use

• Loss of income

• Consequential or incidental damages

• Property value loss

4. WEATHER / ACT OF GOD DISCLAIMER

Contractor is not responsible for damage caused by:

• Rain, wind, storms, or extreme weather

• Moisture exposure during installation

• Events beyond Contractor’s control

5. WARRANTY LIMITATIONS

All warranties are limited and apply only to installation defects.

Warranty does NOT cover:

• Acts of God

• Wind exceeding 20 MPH

• Lack of maintenance

• Ponding water

• Third-party damage

• Structural issues

Warranty is VOID if maintenance requirements are not met.

6. THIRD-PARTY DISCLAIMER

Contractor is not responsible for damage caused by:

• Solar contractors

• HVAC

• Plumbing

• Other trades

7. SERVICE & WARRANTY CONDITION

Any request for service, inspection, or warranty work constitutes acceptance of these Terms.

Contractor reserves the right to deny service unless Terms are accepted.

8. NO FUTURE CLAIMS (POST-COMPLETION)

Upon completion and acceptance of work:

Customer agrees:

• No future claims will be made

• No complaints will be filed

• No disputes will be initiated

Except for valid written warranty claims.

9. NON-DISPARAGEMENT

Customer agrees not to make any false, misleading, or negative statements about Contractor, including online reviews or public comments.

10. CONFIDENTIALITY

All disputes, claims, or settlements shall remain confidential and shall not be disclosed publicly.

11. INSURANCE & SUBROGATION WAIVER

Customer and any insurance carrier waive any right to pursue Contractor for reimbursement or subrogation.

12. DISPUTE RESOLUTION

Customer agrees to:

• Provide written notice of any issue

• Allow Contractor 10 business days to inspect and resolve

All disputes shall be resolved through binding arbitration in San Bernardino County, California.

13. NO CLASS ACTION

Customer agrees that all claims must be brought individually and not as part of any class or group action.

14. PROTECTION OF CONTRACTOR ENTITIES

These Terms apply to:

FR Roofing Services, Inc., and any of its:

• Owners

• Officers

• Employees

• Affiliates

• Future companies

• Related entities

No individual shall have personal liability.

15. WEBSITE & DIGITAL ACCEPTANCE

Use of this website or Contractor’s services constitutes acceptance of these Terms.

16. GOVERNING LAW

These Terms are governed by the laws of the State of California.

17. MODIFICATIONS

Contractor reserves the right to update these Terms at any time.

18. CONTACT

FR Roofing Services, Inc.
www.frroofingservices.com
Phone: 909-269-8669

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1) WOOD / DRY ROT / DECKING – COURTESY INSPECTION; ADDITIONAL WORK & PRICING

Wood: After tear-off, Contractor and/or its independent subcontractors will inspect the entire roof deck, fascia boards, shiplap, rafter tails, etc. for dry rot damage to the best of our ability. Inspection of deteriorated lumber is a courtesy service that F.R. Roofing Services provides. It must be understood that F.R. Roofing Services cannot be held liable for any missed or unchanged lumber during the roofing application or after all work has been completed. F.R. Roofing Services does not perform destructive testing to determine locations of deteriorated lumber.

All below wood replacement cost does not include roof & rain gutter removal or roof or rain gutter installation to change lumber if the entire roof or rain gutter system is not removed. This cost will be additional and will be determined at the time of the repair or replacement.

Installation or replacement of sheathing/plywood, shiplap, rafter tails, fascia boards etc. will be charged at additional costs for amounts listed below: 15/32" 4x8 plywood CDX @ $140.00 ea., 5/8 4x8 Plywood CDX @ $150 ea., LP Radiant Barrier 15/32 @$140 per 4x8 plywood. Shiplap, starter/regular board or butted boards, and 1x6 common or regular sheathing board is $10 per foot and 1x8 common or regular sheathing board is @ $12 per linear foot. 1x4 Shadow board @ $8 per linear foot and 1x6 Shadow board @ $10 per foot, 2x4 Shadow Board @ $18 Per Ft. Fascia 2x6 or 2x8 @ $23 per foot and Fascia 2x10 and 2x12 @$26 per foot. 2x2 Ridge/Hip nailer board @16 per foot. 2x4 Ridge/Hip nailer board @$18 per foot. Fascia or barge rafter replacement done with repairs if we have to remove any roofing is $79.00 per foot. Rafter tails changed to the bearing wall 2x4 (3'-6' piece) is $250.00 each and 2x6 (3'-6' piece) is $270 includes primer fascia or primer painting only.

Replacing fascia and rafter tails may cause stucco damage and is not covered in replacement cost. All other lumber will be quoted separately and additionally. All replacement Heater Caps will be replaced @ $50 each and will be billed additionally.

Please note that all prices above include primer only or pre-primed wood (plywood does not come pre-primed nor does it get prime painted). F.R. Roofing Services does not paint any replaced wood (Paint will need to be done by the owner hiring a painter at the additional expense of the owner.) Primed wood or priming painting (only) is not a finished product and without paint, primer or primed wood can get damaged due to the outside elements and F.R. Roofing Services is not liable for any primed wood that owner does not get painted after installation completion.

Owner acknowledges that concealed conditions may exist beneath the existing roofing system that are not visible prior to commencement of work, including but not limited to deteriorated decking, structural deficiencies, water damage, mold, rot, termite damage, code deficiencies, or other hidden conditions.

If such conditions are discovered after work has begun, Contractor shall notify Owner and such work shall constitute extra work requiring a written change order and additional cost. Contractor shall not be responsible for concealed conditions that were not reasonably discoverable prior to commencement of work. Contractor shall not be responsible for concealed conditions including but not limited to rotten decking, structural deficiencies, water damaged sheathing, mold, termite damage, or code deficiencies discovered after work begins. Any such conditions shall require a written change order and additional cost.

Dry rot, Mold, or termites are items we will do our best to review and replace although we are not responsible for leaving any of the listed items as we are not Dry rot, Mold, or termite experts. If this is a concern, you may want to have a termite or mold company come out and inspect and note any wood replacement to your property prior to us commencing services.

Any replacement wood including fascia boards, shiplap boards etc. do not carry any warranty or guarantee against cracking, splitting, or aging before, during or after commencing services. F.R. Roofing Services will not be held liable to fix or replace any stucco or siding that may be damaged during repair, removal, or installation.

Replacement or deteriorated decking, fascia boards, roof jacks, ventilators, flashing, or other materials are NOT INCLUDED and will be charged as an extra charge, on a time and material basis. Time and material charges reflect project-based pricing for extra work and do not represent hourly wages or employee labor.

Roof permit is not included in price and will be invoiced upon receipt as an additional cost to owner. Please note: The above dry-rot replacement and wood install costs are based on current market value at the time of proposal. Prices are subject to change.

If any wood replacement is needed and that amount exceeds $400, that full amount of total wood replacement must be paid in full upon wood replacement completion as a separate additional payment from the deposit, progress payment, and final payment.

 

2) TEAR OFFS / EXTRA LAYERS / DEBRIS; ADDITIONAL CHARGES

Tear offs: If extra layers are found after starting a re-roof project there will be an extra charge for any extra layers to be removed and haul away; see next paragraph for cost details. In regard to tear off existing comp or low slope built up roofs - If any additional layers are found once we conduct tear off, you will be notified for the additional charge.

Prices for additional layers found for removal and haul away; #1 Composition $100.00/sq, #2 Rock roof @ $100.00/sq, #3 Cap sheet roof @ $100.00/sq. #4 Wood Shingles or Shake $125.00 sq. Extra layer steep @ $200.00/sq. Wood battens replacements @ $60 per 100 sq. ft.

F.R. Roofing Services is not responsible for any dust or debris that may come into your garage, house, or attic during any roof tear off or roof installation.

All roof to wall flashing replacement will be additionally charged at $10 per LF.

All valley metal replacement needed on a tile lift and relay, will be charged at an additional charge of $12 per LF.

All pipe caps (americap) replacement will be charged an additional $50 per, if needed.

Any additional attic vents from the original agreement that are required by the city, manufacturer, replacement or home owner will be charged an additional $99.

Asbestos: If asbestos is discovered, asbestos abatement is not included in the roof project price. Asbestos abatement is subcontracted out to a licensed asbestos abatement company and is to be paid by home/business owner at owners expense and is an additional cost to the roof agreement price. If there is a delay in scheduling the asbestos abatement, F.R. Roofing Services is not responsible or held liable for any delays in moving forward with roofing project until the asbestos abatement company has given us further instruction to move forward with roofing project.

F.R. Roofing Services is not liable for any dust or debris that may fall inside the home, garage, attic, or building during roof tear-off, repair, or installation. If anyone in the home or business has any type of lung conditions, any type of asthma, or health conditions is recommended not to be in the home or business during roofing project. If your home has a vaulted ceiling, you may experience dust or debris inside your home during the roofing project, and although Contractor and/or its independent subcontractors do their best to minimize that dust and debris, F.R. Roofing Services is not liable or responsible for any material or non-material damage.

Weather / Acts of God: If any forseen or unforseen rain, hail, thunderstorms, etc or any act of God causes any type of water or other damages during any time of the project, F.R. Roofing Services cannot be held liable for any of those damages.

Tarping Not Required: Installing any type of water covering or tarp is not an obligation for FR Roofing Services. A tarp covering may be requested by the building owner and or home owner 1-2 days prior and it will be an additional $999 charge to do so that will be added to the original amount for the roof project. FR Roofing Services will not be held liable for any water or rain damage or any restoration services. Any cost incurred by any interior or exterior water damage will be the building and or homeowner's responsibility to pay.

Owner agrees to keep all persons, including family members, tenants, guests, pets, and invitees away from the work area during construction. Roofing work involves dangerous conditions including falling debris, nails, tools, and materials.

Contractor shall not be responsible for injuries to persons who enter the work area during construction.

 

3) TILE ROOFS / MORTAR MATCHING; TILE REPLACEMENT PRICING

Tile Roofs/Mortar matching: For any tile repairs, tile relays, or re-felts, if we need to replace any tiles or mortar, they will be replaced with similar like tiles or mortar to match the existing color tiles AS CLOSE AS POSSIBLE, the manufacturers discontinue tiles and mortar color annually, so it is impossible to obtain the same color tiles or mortar - contingent upon availability. For all Tile relays and tile repairs, any tile replacements will be with similar tile upon availability.

Each full roof tile relay includes up to 25 replacement tiles included and any additional replacement tiles will be an additional cost @ $12 per tile for standard and speciality and lightweight tile @$16 per including premium and clay tile.

 

4) CONTRACT CANCELLATION (RIGHT TO CANCEL / CANCELLATION FEE)

Contract Cancellation: You the buyer/owner (where the owner lives in the residence as a primary residence) have a 3-day rescission period to cancel the contract unless otherwise specified above. If cancelled after the 3 days, there may be up to a 10% cancellation fee that will apply due to the cost of obtaining any licenses or permits or any logistics or any special orders costs that have been incurred.

Repairs, rentals, and commercial buildings do not require a 3-day rescission period and if cancelled at any time the 10% cancellation fee listed above does apply.

 

5) PONDING WATER

PONDING OR COLLECTION OF WATER: Contractor is not responsible for correcting existing roof surfaces to eliminate ponding or collection of water unless included in the contract terms herein.

 

5A) PRE-EXISTING DAMAGE DISCLAIMER

Contractor shall not be responsible for damage caused by pre-existing conditions including but not limited to:

• structural deficiencies

• improper prior roof installations

• inadequate ventilation

• defective building design

• prior water damage

Such conditions may require additional work at additional cost.

 

6) CHANGES IN THE WORK (CHANGE ORDERS)

CHANGES IN THE WORK: Owner shall be notified to order changes, consisting of alterations in additions to, or omissions from the work subject to the following conditions: any order for such changes shall be made in writing, text, or verbal with written invoice and the total contract price shall be adjusted accordingly, the value of such changes shall be agreed upon by both the Owner and Contractor.

Contractor shall perform ONLY the work specifically described in this Agreement. Any work not expressly listed is excluded and shall require a written change order. Contractor is not responsible for pre-existing conditions, hidden damage, structural defects, or areas not exposed during the work. Any additional work, including but not limited to wood replacement, extra layers, or unforeseen conditions, shall be billed as a change order. Client agrees that approval may be verbal, written, or electronic (including text message).

 

7) PAYMENT TERMS (UNCHANGED PRICING / FEES / INTEREST)

Payment Terms: All payments are due and payable immediately upon presentation of the invoice relevant to the associated work completed.

We do require a 10% or $1,000.00 max (whichever is less) payment upon signing on all contracts of full residential roof replacements, of which may be refundable depending on any logistic or permit costs incurred after the 3-day cancellation period has ended.

50% Payment will need to be collected the morning of or before start date.

Any additional charges (such as wood replacement and or installation, city building permit fees, and any additional roof layers removed) will need to be paid once those have been completed as an additional progress payment, and the final remaining balance is due upon final completion of roof project. If this is a commercial roof agreement there will be additional progress payments due that will be specified in the sales agreement.

If payment is not made when due, contractor may suspend work on the job until such time as all payments due have been made. A failure to make any payment for a period in excess of ten (10) days from the due date of the payment shall be deemed a material breach of this agreement. If payment is not received within the time specified above, there will be a fee of 5% with a minimum of $100 (whichever is greater) and interest accrued of 24% APR. There is a fee of 10% with a minimum of $100.00 (whichever is greater) for payment arrangements over 15 days. Any payment arrangements must be accepted and agreed upon prior to commencing services.

Acceptance of a payment after default shall not be deemed a waiver by contractor of any action or right it may have by reason of such default. If final payment is not received according to our contract, we reserve all legal rights available with the State of California to lien the property and pursue legal action against the property and the owners of the property. You will be responsible for any late fees and interest and legal fees associated with the cost of collection. Failure to make payment constitutes a material breach and voids all warranties.

All disputes hereunder shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association.

All city building permit fee(s) amount is an additional amount above the sales agreement price that customer will need to reimburse contractor for that amount. I authorize F.R. Roofing Services to pull any applicable city building permit for my roof and will reimburse F.R. Roofing Services for that amount.

Contractor reserves the right to suspend work immediately if scheduled payments are not made. Contractor shall not be responsible for delays, weather exposure, or damages resulting from suspension due to nonpayment.

If the project involves an insurance claim, Owner acknowledges that Contractor is not responsible for the insurance company’s determination of coverage, scope of work, or payment amount. Owner remains fully responsible for payment of the full contract price regardless of insurance approval, denial, partial payment, or delays in insurance proceeds.

Contractor makes no representation or guarantee regarding insurance coverage.

Owner agrees not to initiate credit card chargebacks or payment reversals once materials have been ordered or work has commenced. Any such action shall constitute breach of contract and Owner shall be responsible for all legal costs incurred by Contractor.

 

 

8) MATERIALS – OWNERSHIP, DELIVERY, SUBSTITUTIONS, PRICE INCREASES

Material: It is understood by all parties that all materials ordered and delivered to your property is the property of F.R. Roofing Services, Inc. Any extra material left over (if any) will remain the property of F.R. Roofing Services, Inc. and will be removed from the property upon completion of the project. Please DO NOT discard any left-over items.

We typically deliver materials in the driveway unless otherwise noted in the contract. Please ensure we have access to your property and do not block the driveway. Please Park where you will have the ability to move your vehicle.

Owner acknowledges that roofing materials may vary in color, shade, texture, or appearance due to manufacturing processes, weather exposure, and natural variations. Such variations shall not constitute a defect and shall not be grounds for rejection of the work.

Contractor has the right to substitute similar, functionally equivalent materials should the originally quoted material not be available. During these times of unpredictable rising prices, if the price of material increases by more than 2%, we reserve the right to raise the price of the project accordingly via a change order. We will inform you before starting the project and you will have the opportunity to cancel the contract and not accept that increase and receive a refund of your deposit less any permit costs.

F.R. Roofing Services or any vendor delivering or uploading any material on your roof will do their best in securing the material on your roof over night or during the day or night time to the best of our abilities, but F.R. Roofing Services is not responsible for any material that may slide down or come off your roof before installing due to high winds or any other reasons that may cause any sort of damages that it may cause to your property (including but not limited to; landscape, paint, stucco, garage doors, windows, vehicles, back yard furniture, patio or patio covers, aluminum patio covers, pools, driveways, cement, front doors, solar panels, plants, etc.)

 

9) UNFORESEEN CONDITIONS

Unforeseen Conditions: In the event that hidden or unforeseen conditions are discovered (e.g., rotted decking, structural issues), Contractor will notify the Customer and provide an estimate for additional work.

 

10) EXISTING STRUCTURE / PONDING / ENGINEERING DISCLAIMER

Existing Structure: All older roofs will have deflection or imperfections & Low slope roofs will pond some water depending on the existing structural condition of the roof. If this is a concern to you, you may want to have a structural engineer review and correct any structural issues prior to us commencing services. F.R. Roofing Services, Inc. is not liable or responsible for any building structure or ponding water that may occur at any time. Owner acknowledges that roofing work involves natural variations in materials, weather exposure, and existing structural conditions. Minor cosmetic variations that do not affect roof performance shall not be considered defects.

 

11) TV ANTENNAS / SATELLITE DISHES

TV ANTENNAS: Contractor shall use reasonable care, but is not responsible for removing TV antennas, Cable or Satellite Dishes from roof, guy wires or adjustments of sets. F.R. Roofing Services will not be held liable for any damage to Satellite Dishes or cables during roof project. It is the customers responsibility to contact their Cable or Satellite company provider to remove and reinstall their Satellite Dish and or Cable wires and connectors.

 

12) MECHANICS LIEN RIGHTS (NOTICE)

MECHANICS LIEN RIGHTS: If any supplier of materials used in your construction project or any employee of the contractor or subcontractor is not paid by the contractor or subcontractor on your job, your property may be levied to force payment. Be sure to receive a lien release before paying any funds. Lien Releases will be given with the payment application by F.R. Roofing Services, Inc.

If you wish additional protection, you may request the contractor to provide you with original "lien release" documents from each supplier or subcontractor on your project. The contractor is required to provide you with further information about lien release documents if you request it. General information is also available from the California Contractors State License Board (CSLB) and the California Department of Consumer Affairs. (BE SURE TO PROTECT YOURSELF) F.R. Roofing Services, Inc. will supply all lien releases.

 

13) WARRANTIES (UNCHANGED TERMS)

Warranties: All full tile roof replacement, tile roof lift and relay, and a complete commercial roof silicone coating restoration come with a 5-year workmanship labor warranty. There is no warranty on any repair job unless otherwise noted above. For warranty details and specifics, please see your warranty certificate after the completion of your project and final payment is received for any full roof replacements.

Manufacturer warranties for materials are provided directly by the manufacturer. Contractor makes no additional warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.

Owens Corning shingles come with a Standard 10 year Manufacture Warranty (Material Defects only). Extended Owens Corning Manufacture warranty(s) are available at additional costs to home owner.

John Manville flat roof cap sheet material comes with a limited 10 year manufactures warranty.

Any Tropical Roof Coating Restoration comes with a 10yr Tropical Manufacturer Warranty (which must include an additional yearly maintenance package at additional cost to the owner which includes a bi-yearly inspection maintenance package).

All commercial roof jobs require a yearly maintenance package to maintain warranty that is an extra yearly cost paid by customer which will be determined based on the size of the commercial roof.

If by any chance there is rain damage that occurs due to F.R. Roofing Services Roof workmanship within the Workmanship Warranty time frame, F.R. Roofing Services will go out to correct the roof issue but will not be responsible for any interior damage, that will be the responsibility of the homeowner/building owner.

F.R. Roofing Services cannot control the weather or wind so if by any chance any roof material delivered or installed by F.R. Roofing Services would be blown off before, during, or after installation and cause damage to any of the owner's building or home, any vehicles, windows, structure, patios, or inside of the home or building, etc. F.R. Roofing Services will not be held liable for any such damages.

During the project, if the roof is exposed for any reason and it rains and water goes into the attic or home, F.R. Roofing Services is not liable or cannot be held responsible for any damage caused by that.

If future or sudden wind or rain or any acts of God should happen, F.R. Roofing Services will do our best to take action to prevent or mitigate any types of damage but cannot guarantee it.

F.R. Roofing Services is not responsible for any damages on or below the roof due to leaks by excessive wind, wind driven rain, ice, or hail before, during, or after the completion of the project nor during the warranty period. Excessive wind is considered 20+ MPH.

Unless otherwise stated in writing, any workmanship warranty provided by Contractor applies only to the original contracting Owner and is not transferable to subsequent property owners. The workmanship warranty is NON-TRANSFERABLE. There is no warranty on any repairs or roof maintenance. Warranty is contingent upon required maintenance, including inspections. Failure to maintain voids warranty.

Contractor provides only the warranties expressly stated in writing in this Agreement. Contractor makes no other warranties, express or implied, including warranties of merchantability or fitness for a particular purpose. Workmanship warranty applies only to installation defects.

Warranty excludes:

- Acts of God

- Wind over ___ MPH

- Lack of maintenance

- Ponding water (unless explicitly covered)

- Structural issues

Manufacturer warranties are separate and governed solely by the manufacturer.

If solar panels are installed on your roof by any other contractor, in order to maintain your workmanship warranty with F.R. Roofing Services for your roof replacement, F.R. Roofing Services must be notified, scheduled, and must personally inspect the roof after solar panel installation has been completed (for an additional inspection cost) to asses if any roof damage or alterations have been caused by solar panel installation company.

Extended manufacturer and workmanship warranties available at an additional amount.

Any warranty given will not cover chipped, cracked or broken tiles or the repairing of any chipped, cracked or broken tiles. Any warranty given will not cover foot traffic or damages caused by anyone or any other trades. Any warranty given will not cover any inside damages at any time.

The InterWrap UDL-50 Synthetic Roofing Underlayment comes with a 50-year limited warranty from InterWrap, the manufacturer. This warranty covers the product's ability to shed water for 50 years from the sales invoice date, provided it is installed according to instructions and not exposed to UV light after cladding installation. You must contact us if you need to have any changes or additions done to the roof so that we may insure your warranty stays in tact.

Any workmanship warranty provided by Contractor applies only to the original contracting Owner and is non-transferable unless otherwise agreed in writing.

 

14) CHIMNEYS / SIDING / FASCIA / SKYLIGHTS / STRUCTURAL ITEMS

Chimney Leaks: F.R. Roofing is not responsible for any damage or leaks to or from a chimney.

Siding and Fascia: F.R. Roofing Services is not responsible for any damage or leaks to or from siding or fascia caused by age, rot, or condition. F.R. Roofing Services is not responsible for any damage to siding during the roof removal or installation process.

Skylights: If there are any existing skylights that are found to be damaged or needed to be replaced, before, during, or after completion of roof project, replacing each skylight will be an addition charge added to the amount of the agreement at an additional charge. Price for skylight material and removal and installation will be determined by the current price of material, labor cost, and size of skylight needed to be replaced. F.R. Roofing Services will not be held responsible for any delays of the roof's completion date due to back orders or shipment and availability of the skylight seller.

Structural Items: F.R. Roofing Services is not responsible for any structural damage found during our re-roofing or repair process. Due to irregularities in construction material, settling issues, sagging, and or warping, the roof lines may not be straight or even. F.R. Roofing Services is not responsible for making the homeowner aware of the structural items.

 

15) SUBCONTRACTORS / INDEPENDENT SUBCONTRACTORS (EDD-HARDENED)

Subcontractors: Contractor may use subcontractors and suppliers to complete the Work. Subcontractors will be chosen by the Contractor only. Customer agrees not to hire any of Contractor’s subcontractors or suppliers to do any work or supply any materials, except upon written agreement signed by the Contractor for the scope of work within this agreement. Customer agrees not to interfere with, discuss with, interrupt or provide instructions to any contractor or subcontractor working on the Property.

Use of Subcontractors: Contractor may, at its sole discretion, engage independent subcontractors to perform all or any portion of the Work described in this Agreement.

Homeowner acknowledges and agrees that:

• Roofing is a licensed construction trade in the State of California.

• Any subcontractors engaged are independent contractors, not employees of Contractor.

• Subcontractors perform work under their own business operations, using their own tools, equipment, labor, and methods.

• Contractor does not control or supervise the means and methods of subcontractor work.

• Contractor’s involvement is limited to project coordination, quality control, contract compliance, and final acceptance.

• Homeowner has no employment, contractual, or liability relationship with any subcontractor.

This provision shall not be construed as Contractor relinquishing responsibility under this Agreement, but rather as a standard construction practice consistent with California law.

 

15A) Photo / Video Documentation Authorization

PROJECT DOCUMENTATION

Owner authorizes Contractor to photograph and document the project before, during, and after construction for purposes including documentation, quality control, insurance verification, and marketing.

Owner’s personal identifying information shall not be disclosed.

 

16) PLASTIC / TARPING (ADDITIONAL CHARGE; LIMITATIONS)

Plastic/Tarping: If Contractor and/or its independent subcontractors place or install a plastic tarp on your roof to either get you by until we can complete the actual work or if needed during the project, there is a fee of $990.00 that will be charged/added to your total roof project or deducted from your initial deposit if you cancel this contract after the 3-day cancellation period along with any other charges we may have incurred by way of any type of logistics of any kind including permit costs. Contractor is not responsible for leaks, water intrusion, or damage caused by weather conditions before, during, or after the project. Temporary dry-in or tarping is not guaranteed to be watertight. Contractor shall not be responsible for any interior damage, including drywall, paint, insulation, or contents.

F.R. Roofing Services will not install or place a plastic tarp covering on your roof without you first requesting for one and or written approval by both you and F.R. Roofing Services.

F.R. Roofing Services will not be responsible if wind blow off the tarp(s) or for any water damage that might be caused due to rain or hailstorms that happens before, during, or after the tarping of the roof. Tarping your roof is a temporary solution and is not a guarantee to prevent any rain from damaging or entering through your roof or vents.

 

17) LEGAL NOTICES (INCORPORATED)

Legal Notices: Customer acknowledges reviewing the following attached or incorporated legal notices: General Contractor Pre-Lien Notice to Owner, Building Performance Guidelines, Urea Formaldehyde Notice, 327A Warranty Addendum, Notice of Right of Rescission (if applicable), a Lead Paint Pamphlet and Addendum (if applicable), Water Intrusion and Mold Growth Notice, Authorization to Correspond and the Notice Regarding Cancellation Rights and the Notice of Cancellation which shall be incorporated herein by reference.

 

18) COMMERCIAL FLAT ROOF – SATURATED AREAS / PRESSURE WASH DISCLAIMER (UNCHANGED PRICING)

Commercial Flat Roof Water Damage Needing to be Replaced before Coating/Restoration: While coating, if there is a saturated area that cannot be coated due to water saturation, removal, and replacement of Torch Down SBS Cap Sheet will be and additional $1350 per 100 sq ft Roof Area plus any damaged plywood replacement @$125 per 4x8 plywood added to original estimate.

If any skylights need to be replaced, replacement of new skylight including labor and the new skylight itself will be an additional cost per skylight replacement. If any skylights that are not replaced during the original agreement scope of work and leak after the original scope of work is complete, there will be an additional charge to replace the skylight, the skylight cost itself and re-coating material and labor (if applicable).

This system is a restoration coating and not a full waterproofing replacement unless explicitly stated. Minor imperfections, cosmetic variations, or isolated moisture intrusion may occur and do not constitute system failure.

WEATHER & CURING LIABILITY CLAUSE Contractor shall apply all roof coating materials in accordance with manufacturer specifications and weather guidelines. Customer acknowledges that silicone coatings require adequate curing time and environmental conditions to properly perform.

Contractor shall not be held liable for any performance issues, adhesion failure, cosmetic defects, or water intrusion resulting from:

• Rain, dew, fog, or moisture exposure occurring within 24 hours of application

• Unexpected weather changes beyond contractor control

• Pre-existing roof conditions not visible during inspection

Customer understands that weather forecasts are not guaranteed, and any damage or failure caused by premature moisture exposure shall not be the responsibility of Contractor.

Any required re-coating, repairs, or additional work due to weather-related interference shall be considered additional work and billed accordingly.

“Contractor is not responsible for coating performance if rain or moisture occurs within 24 hours of application.”

If any PAC or AC units on the roof need to be removed to perform the scope of work, that will be an additional cost to the owner of the building, which at that time the owner of the building can hire their own licensed HVAC company to do so, or F.R. Roofing Services can contact an HVAC company and that amount will be paid by the owner directly to the HVAC company.

If a flat roof substrate qualifies for a silicone roof coating restoration system, part of the prep work is to pressure wash the surface of the roof to get it prepared for coating. If your roof leaks during the time or after the pressure washer step has been conducted, F.R. Roofing Services is not liable for any damage, water damage, leaks, or any damages caused by the pressure washing being done.

 

19) TROPICAL COMMERCIAL SILICONE WARRANTIES (UNCHANGED)

Tropical Commercial Silicone Restoration Warranties: Tropical Roofing Products offers Limited Product Warranties (Material Only) and Limited Full System Warranties (Labor & Material). All Warranties require the completion and submission of the Warranty Application Form to initiate the process, and adherence to the Tropical Care & Maintenance Guidelines. Each Tropical Roofing Products Warranty is specific to a single property address and a single Tropical Roofing Products Fluid-Applied Roof Coating System. If your project includes multiple buildings or multiple systems, a separate Warranty Application Form must be submitted for each building or installed system. Submission of Material Only and Material and Labor Warranty Application Form (http://www.tropicalroofingproducts.com/products/warranty). Any fees for Material and Labor Warranty fees will be paid by building owner, please see fees per sq. ft. Extended manufacturer and workmanship warranties available at an additional amount.

 

20) MAINTENANCE (COMMERCIAL / FLAT ROOF) – REQUIRED FOR WARRANTY

Maintenance(Commercial / Flat Roof): Maintenance must be done annually (as a separate yearly charge paid by client to F.R. Roofing Services on agreed upon yearly reoccurring price) on all roofs at the owners expense in order to maintain any labor and/or fluid application manufacturer warranty and must include the following (Does not apply to residential composite shingles); Clearing all debris off the flat roof surfaces, seal all pipe penetration(s), scupper(s), drain(s), skylight(s) and transition(s).

 

21) PROTECTION OF OWNER’S PROPERTY (EDD-CLEAN WORDING; SAME PROTECTIONS)

PROTECTION OF OWNER'S PROPERTY: Owner agrees to remove or to protect all personal property, inside and out (including. but not limited to carpets, rugs, drapes, furniture, shrubs, plantings, rain gutters, cameras, solar lights, personal property and Contractor shall not be held responsible for damage to or loss of said items.

Owner agrees to keep all persons, including children, pets, tenants, and visitors away from the work area during construction. Contractor shall not be responsible for injuries resulting from failure to maintain a safe distance from the work area.

Owner agrees that he/she have been advised of the possibility of significant amounts of dust being created during the performance of Contractor's obligations an expressly agrees that Contractor shall not under any circumstances be liable for any damages or soiling of personal property which occurs because of the presence of such dust. Contractor’s total liability shall not exceed the total amount paid under this Agreement. Contractor shall not be liable for consequential, incidental, or punitive damages. Client agrees to notify Contractor in writing and allow 10 business days to inspect and resolve any issue prior to filing any complaint or legal action.

Owner agrees that he/she has been advised by Contractor those trucks heavily loaded with roofing materials and supplies will be using the paved or cement driveway access to the roof area and owner hereby assures all risk of damage or to said driveway and adjacent driveway area resulting from trucks moving over on, and across said driveway and adjacent driveway area unless herein expressly agreed to the contrary. Contractor is not responsible for damage caused by third parties, including solar installers, HVAC, plumbing, or other trades.

If any material or tiles that are installed or reinstalled on owner’s roof that may fall or blow off due to winds and cause any damage to owner’s property or personal property, F.R. Roofing Services shall not be held liable for any such damaged or costs. If this would occur during the workmanship warranty period and was not caused by any other circumstance other than wind, weather, or acts of God, F.R. Roofing Services will repair the roof area but will not be held liable or responsible for any damage to building structure, paint, stucco, windows, vehicles, or any personal property.

 

22) LIMITATION OF LIABILITY; RELEASE; INDEMNITY (UNCHANGED)

F.R. Roofing Services maximum liability in the event of any default by it shall be the original cost of labor and materials for the Project which you agree shall be a liquidated sum. Contractor shall not be liable for any indirect, incidental, special, or consequential damages including loss of use, loss of profits, loss of rental income, relocation costs, business interruption, or loss of property value. Owner expressly waives any such claims. You hereby release, indemnify, and hold F.R. Roofing Services (including its owners, employees, and agents) harmless from and all against all other liabilities, claims, causes of action, damages, losses, and expenses (including attorney's fees and costs,) including but not limited to, any property damage or personal injury incurred by you, or any other party related to or arising out of the services rendered by F.R. Roofing Services of or on the project. Customer acknowledges that Contractor is a corporation and that no officer, shareholder, or employee of Contractor shall have personal liability under this agreement. Contractor maintains workers compensation insurance as required by law. Owner agrees that Contractor shall not be liable for injuries to persons who are not employees of Contractor or its subcontractors who enter the work area. This indemnification extends to all responsibilities and undertaking as set forth in this Agreement and all warranty exclusions as indicated in this Agreement and in the warranty provided by F.R. Roofing Services.

 

23) SOLAR PANELS / SKYLIGHT LEAKS (UNCHANGED)

If there are solar panels on the roof, homeowner agrees to take all necessary steps to remove, protect, and reinstall the same. Under no circumstance will F.R. Roofing Services be responsible for damage to them during the Project.

F.R. Roofing Services is not responsible for any damages related to leaks from skylights unless the Company completed the skylight replacement as part of the Project.

 

24) DISPUTE RESOLUTION / ARBITRATION / LIEN RIGHTS (UNCHANGED)

Dispute Resolution: Except as otherwise provided herein, any claim by Customer or Contractor in any way arising out of this Agreement, any and all other agreements between Customer and Contractor and/or in any way arising out of or relating to the physical condition of the Property shall be settled by binding arbitration in San Bernardino County, under the Construction Industry Rules of the American Arbitration Association. Contractor retains the right to file, perfect and starts lawsuit to enforce Mechanic’s Lien rights. The Parties agree that the court may refer the matter to arbitration but retain jurisdiction for enforcement of the Mechanic’s Lien. Prevailing party shall be entitled to attorney fees and costs. Any dispute shall be resolved through binding arbitration. Client agrees to execute a Completion & No Future Claims Certificate upon project completion.

 

25) RE-ROOFING PROCESS / DUMPSTER / NOISE / WEATHER DELAYS / SCHEDULING / CLEAN-UP / ATTIC DEBRIS / GRASS HEIGHT (EDD-CLEAN WORDING)

Re-Roofing Process: The re-roofing process is a messy and noisy process. Debris and nails will fall around the structure during this process. Contractor and/or its independent subcontractors tarp and protect landscaping and other items to the best of our ability.

Use of Dumpster: Customer acknowledges and agrees that Contractor may place a dumpster on the Property for collection of construction waste materials (the “Dumpster”). Customer agrees that Customer and Customer’s family, friends, or guests will not place any materials in the Dumpster whatsoever or otherwise interfere with, enter into or move the Dumpster. Customer waives all claims against Contractor (and agrees to indemnify, defend, and hold Contractor harmless) for property damage or injuries or other damages that Customer or any number of Customer’s family, friends, or guests may suffer as a result of the Dumpster. Should Customer or any member of Customer’s family, friends, or guests place any materials in the Dumpster, Customer agrees that it shall be responsible for any increased costs associated with such actions.

Noise: The roofing process is loud, so please pre-arrange for any noise sensitive pets and or family member to vacate the property during the process. During you roof repair or replacement there are materials being loading, hammering, removal etc. and F.R. Roofing Services is not liable for any photos, decorations, or anything that may fall from the wall or any surface due to the vibrations, shaking etc. caused by the roof construction or loading that takes place.

Weather: Due to the unpredictability of weather, the work on your property may be delayed. Contractor’s number one priority is to protect the inside of your home from (additional) roof leak(s), so Contractor may not begin your project if there is a chance of rain on the potential start date.

Hold Harmless and Indemnification: Customer agrees to indemnify, defend, and hold harmless the Contractor, its officers, agents, and employees from and against any and all claims, demands, actions, losses, damages, or expenses (including attorney’s fees) arising out of or in connection with the performance of the work.

Insurance and Liability: Contractor carries general liability insurance and workers’ compensation coverage as required by law. However, the Contractor shall not be liable for any indirect, incidental, or consequential damages or injuries, including but not limited to interior water damage, mold, or structural failure due to pre-existing conditions, weather delays, predicted or unpredicted weather conditions, or improper maintenance by the Customer.

Scheduling: Rain prior to installation date may affect when your project will start. In addition to weather, other factors outside of our control may also cause a delay. The installation date you are given is an estimate and subject to change. We will communicate any changes in the schedule.

Clean-Up: Contractor and/or its independent subcontractors clean up daily, but it is normal to find a small quantity of nails and debris after the process has been completed.

Attic Debris: During the roofing process, the continued vibration may cause splinters of wood from wood decking boards to fall in the attic. This is normal and we ask to please protect or remove any items you have stored in the attic. F.R. Roofing Services is not responsible for items damaged or the clean-up of the debris in the attic.

Interior Protection Disclaimer: Owner acknowledges that roofing work may cause vibration, dust, and debris that may affect interior finishes, including but not limited to drywall cracks, nail pops, falling items, or dust infiltration.

Mold/Hazardous Material Disclaimer: Contractor shall not be responsible for the identification, testing, removal, or remediation of mold, asbestos, lead, or other hazardous materials. If such materials are discovered, work shall cease until proper remediation is completed by a licensed remediation contractor at Owner’s expense.

Access to Utilities Clause: Owner shall provide Contractor access to electrical power and water as reasonably necessary to perform the work. If utilities are not available, Contractor may provide generators or alternative equipment and additional charges may apply.

Neighbor Property Disclaimer: Owner acknowledges that roofing work may involve delivery of materials, equipment placement, and construction activity that may affect neighboring areas. Contractor shall not be responsible for claims by neighbors arising from normal roofing operations.

Owner agrees to cooperate in resolving any access issues with neighboring property owners if necessary.

Owner agrees to remove or protect personal property and Contractor shall not be responsible for interior damage caused by normal construction vibration.

Grass Height: Please cut your grass prior to the arrival of Contractor and/or its independent subcontractors. This makes the clean-up process and collection of nails and debris more effective.

 

26) FORCE MAJEURE / LOGISTICS / POWER ACCESS (EDD-CLEAN)

Force Logistics: Contractor shall not be liable for any delays in completion of the project caused by: (i) governmental restrictions on manufacture, sale, distribution, and/or use of necessary material; (ii) Contractor's inability to obtain necessary materials because of, or delays caused by strikes, lockouts, fires, floods, earthquakes or any other act of God, weather, military operation and requirements, national emergencies, etc.; or any other acts or omissions beyond contractors reasonable control.

We will need access to power to perform the work listed in this contract, at no cost to F.R. Roofing Services, Inc. If we do not have access to power, please advise the sales technician immediately so that we can make other arrangements to bring a generator.

F.R. Roofing services shall have no responsibility for damages from rain, fire, tornado, windstorm, high winds, or other perils and or acts of God, as it is normally contemplated to be covered by HOMEOWNER'S INSURANCE or BUSINESS RISK INSURANCE. During the duration of the Project, your homeowner's insurance will be responsible for any interior damage. The homeowner or building owner must request. in writing, any form of roof tarping before, during, or after roof work has been completed at an additional cost of $999. F.R. Roofing Services is not responsible for any mold, fungi, termites, interior damage resulting from mold or fungi, rain, of the abatement of any said items.

 

27) PERMIT RESPONSIBILITY AND BUILDING CODE COMPLIANCE

“Owner is responsible for verifying local permit requirements. Contractor will obtain permits unless Owner instructs Contractor in writing not to do so. If Owner declines permits, Owner assumes all responsibility for compliance with local building codes and releases Contractor from all liability related to permitting.” If Client elects to proceed without required permits, Client assumes all liability, fines, penalties, and legal consequences. Client agrees not to file complaints or claims related to lack of permits.

Owner acknowledges that certain construction activities, including roofing work, may require permits and inspections by the local city or county building department having jurisdiction over the Property. Unless otherwise stated in writing within this Agreement, Contractor shall obtain required building permits and coordinate inspections as required by local jurisdiction.

If Owner instructs Contractor not to obtain a permit, Owner acknowledges and agrees that:

1. Owner assumes full responsibility for determining permit requirements.

2. Owner accepts all liability and costs related to failure to obtain permits.

3. Owner understands that local authorities may impose fines, penalties, stop-work orders, or require corrective work.

4. Owner releases Contractor from any responsibility related to permitting requirements.

Owner further agrees to defend, indemnify, and hold harmless F.R. Roofing Services from any claims, fines, penalties, damages, or expenses arising from Owner’s written direction to proceed without obtaining a permit.

Contractor has advised Owner that permits may be required under applicable building codes and municipal ordinances.

“Owner Directed Work” Clause

“Contractor is performing the work described herein at the express direction of the Owner. Contractor shall not be responsible for regulatory compliance issues resulting from Owner instructions that differ from Contractor recommendations.”

 

27) MISCELLANEOUS / ENTIRE AGREEMENT / AMENDMENTS (UNCHANGED)

Miscellaneous: The invalidity, illegality or unenforceability of any provision, restriction, condition, reservation, or any other part of this Agreement, in its entirety or as applied to particular circumstances shall not impair or affect in any manner the validity, legality, enforceability or effect of the remainder of this Agreement. This Agreement shall not be assigned by Customer, except with Contractor’s prior written consent. This Agreement may be amended only by a written instrument signed by both parties. The captions contained in this Agreement are for convenience only. Any number of counterparts of this Agreement may be executed and each such executed counterpart shall be deemed an original, but all such counterparts together shall constitute one Agreement. The electronic signature of any party to this Agreement shall he sufficient for all purposes. CUSTOMER AGREES THAT THIS AGREEMENT IS SUBJECT TO APPROVAL OF A CORPORATE OFFICER OF CONSTRUCTION COMPANY, AND UPON REVIEW OF THE DETAILS OF TILE AGREEMENT, INCLUDING THE PRICE, MEASUREMENTS OR ANY OTHER FACTORS, CONSTRUCTION COMPANY MAY DECLINE TO APPROVE THIS AGREEMENT, AND DECLARE THE AGREEMENT NULL AND VOID AT ITS OPTION, AT WHICH TIME ANY DEPOSIT MADE BY CUSTOMER WILL BE PAID IN FULL TO CUSTOMER.

Description of any areas that will NOT be worked on: Stucco, patching, painting, cement, building structure, electric, lighting, common rafters, solar panel system, masonry, interior or drywall, and attic fans, etc.

Customer acknowledges that Contractor may utilize independent subcontractors operating their own businesses to perform portions of the Work, and Contractor’s involvement with subcontractors is limited to project coordination, contract compliance, quality control, and final acceptance.

“Client has been advised that building permits may be required by local jurisdiction. If the client declines to obtain required permits, client assumes all responsibility and releases contractor from all liability related to permit compliance.”

Project Completion and Waiver of Future Claims

Upon completion of the roofing project, Owner shall conduct a final inspection walkthrough with a representative of F.R. Roofing Services.

Owner agrees that once the project has been inspected and the Completion Certificate has been signed, the work shall be deemed fully performed and accepted.

Owner acknowledges that:

• The roofing work has been completed according to the contract specifications

• The property has been returned to a clean and safe condition

• All visible concerns or punch list items have been addressed

Owner agrees that no future claims, disputes, or demands for corrective work may be made after final acceptance except for valid claims under any written warranty provided by Contractor.

Owner further agrees not to file complaints, chargebacks, or regulatory claims against Contractor for conditions that were visible and accepted at the time of project completion.

Nothing in this clause limits any warranty expressly provided in writing by Contractor.

Contract Review: Daniel Hernandez will be reviewing every contract given and has the right to cancel if the job was bid incorrectly by the estimator and or if material cost increased prior to commending services. Note this estimate is good for 7 days and may be subject to change after that time.

Entire Agreement: This agreement constitutes the entire understanding between the parties and supersedes all prior agreements or understandings. Any amendments must be in writing and signed by both parties.