CONTRACTOR INFORMATION:
Contractor Name: D&G Exteriors LLC
Contractor Principals: Shane Dorsey and John Gill
Business Address: 82 Wendell Ave, STE 100, Pittsfield, MA 01201
Phone: (781) 328-4063
Federal ID #: 92-2437749
HIC Reg. Number: 210073
HIC Expiration Date: 10/26/2026
These Service Terms, together with the signed Quote (collectively, the “Agreement”), constitute the entire agreement between D&G Exteriors LLC (the “Contractor”) and the individual identified in the Quote (the “Client” or “Homeowner”) regarding the work described therein (the “Work”). This Agreement supersedes all prior negotiations, representations, or agreements, whether written or oral. In the event of a conflict between these Service Terms and the Quote, the Quote shall control with respect to scope, pricing, and project-specific details; these Service Terms shall control with respect to all other matters.
Contractor may utilize subcontractors to perform portions of the Work. Contractor agrees to be responsible for the completion of the Work regardless of the performance of any subcontractor. Contractor shall be responsible for all payments to subcontractors. Client shall communicate with subcontractors only through Contractor.
No changes to the Agreement may be made unless agreed to by both parties in writing on a separate Change Order form signed by Client and Contractor. If there is a discrepancy between these Service Terms and a Change Order, the Change Order shall govern.
Payment for additional Change Order work is due upon execution of the Change Order unless otherwise agreed in writing. Contractor may require an additional deposit toward any increased cost associated with a Change Order. Client acknowledges personal responsibility for any changes not covered by an applicable insurance settlement.
Contractor may suspend Work when a change is requested or required until the Change Order is fully executed by both parties. Contractor may reasonably decline any requested change.
The handling of concealed or latent conditions, including notification, additional costs, and Change Order procedures, is set forth in the Quote. This section supplements those provisions. If concealed conditions require work that materially changes the scope, schedule, or cost of the project, the parties shall execute a Change Order in accordance with Section 3 above before any additional work proceeds.
If hazardous materials, waste, or asbestos are discovered at the work site, Client agrees to promptly engage a properly licensed hazardous material contractor to address remediation, or to grant Contractor permission to engage one on Client’s behalf. All costs related to the discovery, management, and remediation of hazardous materials shall be borne by Client. Any additional work required by Contractor as a result shall be documented as a separate Change Order. Contractor may suspend Work until hazardous conditions have been remediated.
If a workmanship warranty is provided, the warranty period, coverage, exclusions, void conditions, and claims process are set forth in the Quote. If no workmanship warranty is specified in the Quote, no workmanship warranty is provided. Any workmanship warranty provided is in addition to, and does not limit, any rights Client may have under Massachusetts law, including implied warranties of merchantability and fitness for a particular purpose.
Either party may terminate this Agreement for cause upon written notice if the other party materially breaches any obligation under this Agreement and fails to cure such breach within fourteen (14) days of receiving written notice of the breach.
If Client terminates this Agreement without cause, or fails to allow Contractor to complete the Work, Client shall pay Contractor for: (a) all Work completed through the date of termination; (b) all non-refundable or custom-ordered materials; (c) reasonable restocking fees; and (d) reasonable overhead and profit on Work completed. If Contractor terminates for cause due to Client’s breach, Client shall pay the same amounts.
Upon termination, Contractor shall secure the work site and remove equipment within a reasonable timeframe.
Because hazards may exist at the work site during construction, Client must consult with Contractor before entering the active work area. During the Work, conditions may exist that are hazardous to Client, Client’s family, friends, and guests.
Client waives all claims against Contractor and agrees to indemnify, defend, and hold Contractor harmless for any and all injuries or damages that Client or any member of Client’s household, family, friends, or guests may suffer while on or around the Property during the performance of the Work, except to the extent caused by Contractor’s gross negligence or willful misconduct.
Before, during, or after performing the Work, Contractor may take photographs, videos, or create other media depicting the Property (collectively, “Media”). Client agrees that Contractor may use any Media for any lawful purpose, including publicity, advertising, and marketing. Client agrees that Contractor owns all Media and that Client has no right to inspect, approve, or require payment for any Media. Client releases Contractor from all claims related to the Media, including claims for invasion of privacy or infringement of copyright. Client represents that he/she has the authority to provide this consent.
Dumpster placement and usage rules are set forth in the Quote. Client waives all claims against Contractor and agrees to indemnify, defend, and hold Contractor harmless for any property damage, injuries, or other damages to Client, Client’s family, friends, or guests related to the dumpster or its placement, including but not limited to damage to driveways, walkways, or landscaping. If anyone other than Contractor’s crew places materials in the dumpster, Client shall be responsible for any increased costs.
If Contractor or Contractor’s employees or subcontractors are injured while performing the Work, Client shall be exempt from liability for those injuries to the fullest extent allowed by law, unless Client is found to be at fault for such injuries.
Contractor shall indemnify Client against all third-party damages, liabilities, reasonable costs, expenses, claims, or judgments, including reasonable attorney’s fees, that Client may suffer arising from: (a) any gross negligence or willful misconduct of Contractor in connection with the Work; or (b) Contractor’s breach of any obligation under this Agreement.
Client shall indemnify Contractor and its members, employees, subcontractors, and representatives against all third-party damages, liabilities, reasonable costs, expenses, claims, or judgments, including reasonable attorney’s fees, that any of them may suffer arising from: (a) any negligence or willful misconduct of Client; or (b) Client’s breach of any obligation under this Agreement.
Contractor is not an employee of Client. Contractor performs all Work in its capacity as an independent contractor.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONTRACTOR SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER OR NOT CONTRACTOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CONTRACTOR’S TOTAL LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL CONTRACT PRICE.
Nothing in this section shall limit Contractor’s liability for bodily injury, death, or property damage caused by Contractor’s gross negligence or willful misconduct, or any liability that cannot be limited under Massachusetts law.
Any payment not received by the due date specified in the Quote shall be considered past due. Past-due amounts shall accrue interest at the rate of 1.5% per month (18% per annum) or the maximum rate permitted by Massachusetts law, whichever is less.
Client agrees to pay all reasonable costs of collection, including attorney’s fees, court costs, and related expenses incurred by Contractor to enforce payment obligations under this Agreement.
Client acknowledges that under Massachusetts General Laws Chapter 254, Contractor and its subcontractors and suppliers may have the right to file a mechanic’s lien against the Property if payment is not made as required under this Agreement. Contractor agrees to provide lien waivers for completed Work upon receipt of payment in full for such Work.
Upon completion of the Work, Contractor shall schedule a final walkthrough with Client. Client shall have seven (7) calendar days following the walkthrough to identify any deficiencies in writing. If Client does not provide written notice of deficiencies within this period, the Work shall be deemed accepted.
Contractor shall correct any legitimate deficiencies identified during this period within a reasonable timeframe. Remittance of final payment shall constitute Client’s acknowledgment that all remaining Work has been completed to Client’s satisfaction, subject to any Workmanship Warranty set forth in the Quote.
The parties agree to attempt in good faith to resolve any dispute arising under this Agreement through direct negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue resolution through the arbitration process provided under Massachusetts General Laws Chapter 142A and 201 CMR 14.00, or through any other legal remedy available under law.
Nothing in this section limits either party’s rights under MGL Chapter 93A or any other applicable statute.
All formal notices required or permitted under this Agreement—including but not limited to termination notices, warranty claims, deficiency notices, and breach notifications—shall be in writing and shall be deemed delivered when: (a) personally delivered; (b) sent by certified mail, return receipt requested, to the address specified in the Quote; or (c) sent by email to the email address specified in the Quote, provided that the sender receives confirmation of receipt (read receipt, written reply, or equivalent). Notices sent by certified mail shall be deemed received three (3) business days after mailing. Either party may change its notice address by providing written notice to the other party in accordance with this section.
In any legal action, arbitration, or proceeding arising out of or related to this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees, court costs, and related expenses from the non-prevailing party, in addition to any other relief to which it may be entitled. This provision applies to all disputes under this Agreement, not solely to collection of past-due amounts.
To the fullest extent permitted by law, Client waives all rights of subrogation against Contractor and its members, employees, subcontractors, and representatives for any losses or damages covered by Client’s property insurance or any other applicable insurance, regardless of whether such insurance is required under this Agreement. Client shall require its insurance carriers to include appropriate waiver of subrogation endorsements in favor of Contractor where available. This waiver shall not apply to losses or damages caused by Contractor’s gross negligence or willful misconduct.
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws provisions.
If any provision of this Agreement is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the provision shall be deemed deleted. Any such modification or deletion shall not affect the validity or enforceability of the remaining provisions.
Contractor reserves the right to update, revise, or modify these Service Terms at any time at its sole discretion. Updated Service Terms will be posted at https://dandgexteriors.com/service-terms/ and will apply to all new Quotes issued on or after the date of the update. Each signed Quote is governed by the version of these Service Terms in effect at the time the Quote is signed. No update to these Service Terms shall retroactively alter the terms of an existing signed contract without written agreement by both parties.
This Agreement, including these Service Terms and the signed Quote (together with any executed Change Orders), constitutes the entire agreement between the parties regarding the Work. This Agreement supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written. This Agreement may not be altered, modified, or amended except in writing signed by both parties.
NOTE: Don’t be pressured into signing the contract. Take time to read and fully understand it. Ask questions if something is unclear.
NOTE: Make sure the contractor has a valid Home Improvement Contractor Registration. The law requires most home improvement contractors and subcontractors to be registered with the Director of Home Improvement Contractor Registration. You may inquire about contractor registration by writing to the Director at 10 Park Plaza, Room 5170, Boston, MA 02116 or by calling 617-973-8787 or 888-283-3757.
NOTE: Does the contractor have insurance? Ask the Contractor for insurance company information so that you can confirm coverage, or ask to see a copy of a “proof of insurance” document.
NOTE: Know your rights and responsibilities. Read the Important Information below and get a copy of the Consumer Guide to the Home Improvement Contractor Law.
CONTRACTOR ARBITRATION
The Home Improvement Contractor Law provides homeowners with the right to initiate an arbitration action (as an alternative to court action) if they have a dispute with a contractor. The same right is not automatically afforded to a contractor, however. The contractor would have to resolve any dispute he/she has with a homeowner in court unless both parties agree to the optional clause provided below. This clause would give the contractor the same right to arbitration as is afforded to the homeowner by the Home Improvement Contractor Law.
HOMEOWNER’S RIGHTS
A homeowner’s rights under the Home Improvement Contractor Law (MGL Chapter 142A) and other consumer protection laws (i.e., MGL Chapter 93A) may not be waived in any way, even by agreement. However, homeowners may be excluded from certain rights if the contractor they choose is not properly registered as prescribed by law.
Homeowners who secure their own building permits are automatically excluded from all Guaranty Fund provisions of the Home Improvement Contractor Law. The Guaranty Fund covers actual losses up to $25,000 per claim.
The contractor is responsible for completing the work as described, in a timely and workmanlike manner. Homeowners may be entitled to other specific legal rights if the contractor guarantees or provides an express warranty for workmanship or materials. In addition to guarantees or warranties provided by the contractor, all goods sold in Massachusetts carry an implied warranty of merchantability and fitness for a particular purpose.
An enumeration of other matters on which the homeowner and contractor lawfully agree may be added to the terms of the contract as long as they do not restrict a homeowner’s basic consumer rights.
EXECUTION OF CONTRACT
The contract must be executed in duplicate and should not be signed until a copy of all exhibits and referenced documents have been attached. Parties are also advised not to sign the document until all blank sections have been filled in or marked as void, deleted, or not applicable. One original signed copy of the contract with attachments is to be given to the owner and the other kept by the contractor.
Any modification to the original contract must be in writing and agreed to by both parties. Contracted work may not begin until both parties have received a fully executed copy of the contract, and the three-day rescission period has expired.
ACCELERATED PAYMENTS
A contractor may not demand payments in advance of the dates specified on the payment schedule in cases where the homeowner deems him/herself to be financially insecure. However, in instances where a contractor deems him/herself to be financially insecure, the contractor may require that the balance of funds not yet due be placed in a joint escrow account as a prerequisite to continuing the contracted work. Withdrawal of funds from said account would require the signatures of both parties.
ADDITIONAL INFORMATION
If you need additional information about the Home Improvement Contractor Law or other consumer rights, or if you wish to obtain a free copy of “A Massachusetts Consumer Guide to Home Improvement,” contact:
Consumer Information Hotline
Office of Consumer Affairs and Business Regulation
501 Boylston St, Suite 5100, Boston, MA 02116
(617) 973-8787 or 1-(888) 283-3757
Director of Home Improvement Contractor Registration
Office of Consumer Affairs and Business Regulation
1000 Washington St, Room 710, Boston, MA 02118
617-973-8787 or 888-283-3757
Consumer Complaint Section
Office of the Attorney General: (617) 727-8400
Better Business Bureau: (508) 652-4800, (508) 755-2548, (413) 734-3114
