PLEASE READ THIS STATEMENT AND THE TERMS AND CONDITIONS CAREFULLY. BY DOWNLOADING ANY OR ALL OF THE CONTRACT FORMS YOU AGREE TO AND ACCEPT ALL THE TERMS AND CONDITIONS AND ACKNOWLEDGE THEIR ENFORCABILITY BETWEEN YOU AND NAHB, LIKE THE TERMS AND CONDITIONS OF ANY WRITTEN NEGOTIATED AGREEMENT THAT YOU HAVE SIGNED. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT DOWNLOAD OR USE THE NAHB CONTRACT FORMS. YOU AGREE THAT BY DOWNLOADING ANY OR ALL OF THE NAHB CONTRACT FORMS YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND, AND WILL BE BOUND BY THE TERMS AND CONDITIONS OF USE AGREEMENT.
BEFORE YOU USE ANY GENERIC NAHB FORM CONTRACT, PLEASE BE ADVISED THAT SOME STATE HOME BUILDER ASSOCIATIONS, INCLUDING TEXAS, WISCONSIN, ALABAMA, MISSISSIPPI, AND SOUTH CAROLINA, AND SOME LOCAL HOME BUILDER ASSOCIATIONS, CURRENTLY PROVIDE STATE-SPECIFIC RESIDENTIAL CONSTRUCTION CONTRACT FORMS. SHOULD SUCH A STATE-SPECIFIC FORM BE PROVIDED IN YOUR JURISDICTION, YOU SHOULD CONSIDER USING THAT FORM IF IT CORRESPONDS WITH YOUR NEEDS.
“NOTICE: The residential construction industry in the State of North Carolina is subject to a variety of North Carolina-specific laws and regulations concerning contract formation, disclosure of information, payment obligations and various other legal matters, which are not addressed in the generic NAHB form contracts. Failure to comply with such statutory and common law exposes Charlotte home builders to serious legal liabilities and significant expenses, including the voiding of non-compliant contracts. If you are contemplating a residential construction project in the State of North Carolina, you must use contractual documents that conform to North Carolina laws and regulations in order to avoid costly legal and financial exposure. To that end, the North Carolina Association of Builders promulgates a comprehensive set of residential contractual documents that are well vetted, regularly updated, and comply with North Carolina statutory and common law.”
TERMS AND CONDITIONS OF USE AGREEMENT
NAHB Electronic Contract Forms are crafted for use in residential construction projects, and have been vetted by experienced residential builders and remodelers. However, no general information or legal tool can fit every circumstance, accordingly, the contract forms are provided “as is” and without any warranty, express or implied, of fitness for a particular purpose under the assumption that those using the documents will make sound and reasonable determinations as to suitability prior to their use. THE CONTRACT FORMS SO PROVIDED ARE GENERIC DOCUMENTS, AND ARE NOT STATE-SPECIFIC. BE ADVISED that some states mandate specific language or notices to be included in residential contracts, and by law may also require a certain location, font size, bold type, and/or capitalization for said language or notices. You understand that each form and any applicable instructions or guidance is not customized to your particular needs. For these reasons, and because the endorsement of contract documents can entail significant responsibilities and legal or tax consequences, it is recommended that an experienced attorney be consulted for advice on questions regarding proper usage. By providing these forms NAHB is not engaged in furnishing legal, accounting, or other professional advice, and nothing should be construed as a recommendation to use NAHB Electronic Contract Forms for any particular purpose or application. In no event shall NAHB be liable for any direct, indirect, incidental or consequential damages arising out of the use of NAHB Electronic Contract Forms. This site and applications are not intended to create any attorney-client relationship, and your use of NAHB Electronic Contract Forms does not and will not create an attorney-client relationship between you and NAHB.
Disclaimer for Design Services Contract
CAUTION – Architectural licensing statutes in some states may limit or prohibit certain unlicensed design services and practices, to include preparation of plans and designs for certain structures and the representation that design services are being provided. Before using this document it is recommended that a local attorney be consulted as to the appropriateness of its use in your specific location.
Subscriptions cannnot be cancelled because the subscription is online with instant access and the ability to print and/or download contracts. Refunds are provided for single contract purchases as long as the contract has not been edited nor printed. Annual subscriptions, both single contract and unlimited, cannot be refunded.
TERMINATION OF USAGE
NAHB may terminate User’s access, or suspend any User’s access to all part of the NAHB Contracts Website, without notice, for any conduct that NAHB, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider or NAHB. NAHB reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions.
CHANGES TO TERMS AND CONDITIONS
NAHB reserves the right to revise these Terms and Conditions at any time and Users are deemed to be apprised of and bound by any changes to these Terms and Conditions.
This Agreement shall be governed by, construed, and enforced in accordance with the laws of the District of Columbia (excluding the District of Columbia’s conflict of laws rules which would refer to and apply the substantive laws of another jurisdiction). The parties hereby agree to submit themselves to the personal jurisdiction of the courts of the District of Columbia, which shall be the exclusive venue for any disputes relating to this Agreement.