HOME FOUNDATION CONTRACTOR AGREEMENT

THIS HOME FOUNDATION CONTRACTOR AGREEMENT (the "Agreement") is made as of this {dayvalue} day of {monthtext} {yearvalue} (the "Agreement Date") by and among {name} of, {address} (the "Owner"), and Foundations First Northwest, LLC, an Oregon Limited Liability Company (the "Contractor")

RECITALS
WHEREAS, Owner is the lawful owner of the Property, with the address listed above; and
WHEREAS Owner desires certain foundation repair work to be carried out for the Property as per the “Scope of Work” specified in Schedule 2 and in the plans and specifications provided by the Owner to Contractor (the “Plans and Specifications”) and Contractor has agreed to perform such work for the Property, on the terms and conditions mentioned herein below.

Now, therefore, the Parties agree as follows:

1.1 Agreement.
The terms and conditions (Terms) contained in this document control the construction services (Services) to be provided by Foundations First Northwest, LLC (FFNW) to the Owner identified in the Construction Bid which these Terms accompany. These Terms, together with the Construction Bid furnished by FFNW to the Owner, comprise the entire agreement between the parties and supersede any prior oral or written agreements relating to the Services (Contract). This Contract may be modified only by the written agreement of the parties.

1.2 Scope.
FFNW will provide all services, materials, equipment, and labor necessary to complete the work described in the Proposal furnished by FFNW to the Owner relating to the Services.

1.3 Fees and Payment.
The Owner will pay the fees specified in the Proposal according to the following payment schedule: (a) fifty percent (50%) of the total fees shall be payable upon Owner's execution of this Contract; and (b) all remaining fees shall be payable upon FFNW's completion of this. If payment is not timely made, FFNW may charge interest on any unpaid amounts at a rate of 1.5% per month and suspend performance of the Services. The Owner shall reimburse FFNW for all costs incurred in collecting any late payments, including attorneys' fees. FFNW certifies, upon the Owner's complete payment of all fees due hereunder, that all material suppliers, labor, and subcontractors utilized in performing the Services will have been paid in full. If customer is no longer interested in moving forward with the project, a full refund shall be implemented before the sixty-day mark. If a refund is requested after sixty days of signing the contract, 10% shall be withheld and only 90% of the deposit shall be refunded back to payer.

Things to Know: Permitted work requires additional city inspections and completed 3rd party documentation that does not happen right after work is completed. These timeframes are based on city availability. Occasionally, a city or county will not be able to do an inspection on the day that it was scheduled due to staffing cutbacks and inspector shortages. Permit packs will be left onsite with you, and the office will be in touch about when Final City inspections will take place.

1.4 Owner’s Rights and Responsibilities
The Owner has the right to: (a) receive the products and services agreed to in this Contract; (b) resolve disputes through means outlined in this Contract; and (c) file a complaint with the Oregon Construction Contractor’s Board. The Owner will provide to FFNW: (a) access to the work site as and when needed by FFNW; and (b) all surveys and reports necessary for FFNW to complete the project (e.g., engineering reports, maps of utility locations, and real property surveys).

To ensure and to protect the personal health and safety of Owner and Owner’s licensees and invitees, Owner shall restrict entry by the Owner and Owner’s licensees and invitees onto the Property to a minimum. When Owner chooses to enter the Property, and irrespective of Contractor’s presence on the Property at such time, Owner agrees to release and/or indemnify and hold Contractor harmless from and against any and all claims, demands or causes of action arising in favor of Owner or Owner’s licensees and invitees on account of bodily injury, death or damage to or loss of property in any way occurring or incident to the condition of the property.

1.5 Delays.
FFNW will use reasonable efforts to meet any quoted performance dates but shall not be responsible for any delay in performance resulting from causes beyond its reasonable control, including severe weather, acts of God, fire, flood, governmental actions, acts of the Owner, transportation delays, permitting or engineering delays, and the inability to obtain necessary labor or materials from usual sources. In such event, FFNW's performance shall be excused for a commercially reasonable time that is at least the length of time lost due to such delay.

1.6 Unanticipated Site Conditions.
If FFNW encounters any of the following conditions at the work site, then it will immediately stop work and notify the Owner of: (a) physical conditions that are materially different from those conditions observed during FFNW's initial inspection of the site; or (b) unusual or unknown physical conditions that are materially different from those ordinarily encountered and generally recognized as inherent to work of the character provided for in this Contract. In such event, FFNW will be entitled to an equitable adjustment in the fees and/or performance schedule.

1.7 Changes.
The Owner may, at any time, request changes to the scope of the Services, including additions or deletions, amendments to the drawings or specifications, or changes to the performance schedule. If any requested change will cause an increase in the cost or timing required to complete the Services, then FFNW will be entitled to an equitable adjustment in fees and/or performance schedule. FFNW will promptly inform the Owner of any such adjustments and this Contract will be deemed to have been modified accordingly.

1.8 Cancellation/Termination.
Except as otherwise provided by law, the Owner may only cancel this Contract if FFNW consents in writing. In such event, the Owner will pay FFNW: (a) its actual costs for the portion of the Services performed prior to the date of termination; (b) its incurred costs of termination, including termination charges imposed by FFNW's vendors; and (c) twenty percent (20%) of all FFNW's actual and incurred costs for overhead and profit. If the Owner become insolvent or commits a material breach of these Terms, then FFNW may terminate this Contract without liability.

1.9 Governing Law / Dispute Resolution.
This Contract will be interpreted and enforced under the laws of the State of Oregon, without regard to its conflict of laws principles. Other than actions for injunctive relief, any dispute between the parties arising from or relating to this Contract shall be submitted to binding arbitration in Portland, Oregon, before a single arbitrator in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association. The results of any such arbitration shall be confidential, final, and binding on the parties and judgment upon the award rendered by such binding arbitration may be entered in any court having jurisdiction.

1.10 Limited Warranty.
For so long as the Owner owns the property where the Services were performed, FFNW warrants that the Steel Piers and/or Carbon Fiber installed pursuant to the Service will be free from Defects for the lifetime of the structure. The term "Defect" exclusively means the failure of a Pier and/or Carbon Fiber to perform as intended as evidenced by the upward or downward movement of the foundation immediately surrounding the Pier and/or Carbon Fiber after completion of the Services. The term "Defect" does not include, and FFNW shall not be responsible for: (a) heave or the upward movement of the foundation due to soil expansion; (b) settlement of the interior floor, slab, or foundation outside the immediate vicinity of the Pier and/or Carbon Fiber; (c) damage caused by slope failure, soil creep, earthquake, flood, seismic explosions, or tornadoes; and (d) repairs necessitated by consequential damage such as damaged concrete, brick mortar, sheet-rock, wallpaper, paint, rigid materials, or furnishings. FFNW's sole and exclusive liability and the Owner's sole and exclusive remedy for all claims of Defects shall be, in FFNW's discretion, to either repair, replace, or adjust the affected Pier(s) and/or Carbon Fiber(s). This warranty is transferable. Shotcrete & Steel Adjustable Posts follow the same limited Warranty as Piers & Carbon Fiber with the exception of being a 20 Year Warranty. The effectiveness of this warranty is expressly conditioned on FFNW's receipt of full payment for Services hereunder. FFNW MAKES NO WARRANTIES EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH AND ALL IMPLIED WARRANTIES ARE DISCLAIMED.

1.11 General.
Neither party may assign this Agreement, or any of their rights or obligations under this Agreement, without the prior written consent of the other party. If any part of this Agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable. No waiver of a condition or nonperformance of an obligation is effective unless it is in writing and signed by the party granting the waiver. FFNW's rights and remedies are cumulative and not exclusive.

1.12 Limitation of Liability.
The Owner understands and agrees that the Services are subject to, and FFNW shall not be liable for, the following limitations:

1. Water leaks due to separations in plumbing may exist prior to performance of the Services and may also occur as a result of the Services.
2. There may be pre-existing defects within the structure upon which the Services are performed, including, but not limited to, insufficient steel or cable reinforcement and insufficient or weak concrete.
3. FFNW makes no representation regarding any of "leveling," "fixing," or "closing cracks." FFNW will not lift any foundation beyond a practical limit unless the Owner signs a waiver for excessive damages. Lifts may be hindered by cosmetic repairs of previous damages.
4. If the scope of the Services includes installation of piers through concrete, the replacement concrete may not match existing concrete.
5. The Services are not meant to be an "all-inclusive fix." Additional work beyond the scope of the Services may be necessary now or in the future.
6. Plants that are affected by excavation may not survive and FFNW makes no warranty of any kind regarding the survival of affected plants. The Owner may choose to hire a professional nurseryman to remove and replace plants in order to improve their chance of survival.
7. The piers that may be installed by FFNW are not designed to remedy or prevent upward movement of the foundation.
8. FFNW will use reasonable care in performing the Services, but shall not be responsible for cracks that may develop in concrete, brick, sheet-rock, rock veneer or other rigid materials due to the Services.
9. There is always potential for future movement of the foundation. FFNW recommends waiting through at least one seasonal moisture cycle before making any cosmetic repairs.

The following items shall be Owner's responsibility, and FFNW shall not be liable for, should there be a problem either now or in the future: (a) watering lawn during dry periods; (b) correcting plumbing leaks as soon as they are discovered; (c) removing large trees or shrubs in areas adjacent to the foundation; (d) installing root barriers where roots of large trees or shrubs may affect the foundation; (e) eliminating all ponding of water anywhere near the foundation; (f) installing guttering and downspouts where necessary and remove excess water away from the foundation; (g) installing sub-surface draining system if applicable; and (h) providing positive surface drainage away from the foundation. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FFNW SHALL IN NO EVENT BE LIABLE FOR CLAIMS FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS CONTRACT AND THE SERVICES, WHETHER OR NOT THE CLAIMED LOSS OR DAMAGE IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE. FFNW’S MAXIMUM LIABILITY UNDER OR IN ANY WAY RELATING TO THIS CONTRACT WILL NOT EXCEED THE FEES PAID FOR THE SERVICES PERFORMED. ALL SUCH LIABILITY SHALL TERMINATE ONE YEAR FROM THE DATE UPON WHICH FFNW CEASED PERFORMING THE SERVICES, IF NOT SOONER TERMINATED.

2.1 NOTICE OF RIGHT TO A LIEN.
This is to inform you that FFNW has begun to provide the "products", "services", "additional", and "permits & engineering" as identified in the Proposal. The work has been ordered and approved by the signee of accompanying Terms & Conditions, for the property located at the address on the Proposal. A lien may be claimed for all materials, equipment, labor, and services furnished after a date that is eight days, not including Saturdays. Sundays, and holidays, as defined in ORS 187.010, before this notice was mailed to you. Even if you or your mortgage lender has made full payment to the contractor who ordered these materials or services, your property may still be subject to a lien unless the supplier providing this notice is paid. THIS IS NOT A LIEN. It is a notice sent to you for your protection in compliance with the construction lien laws of the State of Oregon. This notice has been sent by Foundations First Northwest, LLC (FFNW) at 16869 65th Avenue, #208 Lake Oswego, OR 97035 with the contact number of 503-753-1020. Under Oregon's laws, those who work on your property or provide labor, equipment, services or materials and are not paid have a right to enforce their claim for payment against your property. This claim is known as a construction lien. If your contractor fails to pay subcontractors, materials suppliers, rental equipment suppliers, service providers or laborers, or neglects to make other legally required payments, the people who are owed money can look to your property for payment, even if you have paid your contractor in full. The law states that all people hired by a contractor to provide you with materials, equipment, labor or services must give you a Notice of Right to a Lien to let you know what they have provided.

2.2 Steps to Protect Yourself

1. Recognize that this Notice of Right to Lien may result in a lien against your property unless all those supplying a Notice of Right to a Lien have been paid.
2. Learn more about the lien laws and the meaning of this notice by contacting the Construction Contractors Board, an attorney or the firm sending this notice.
3. Ask for a statement of the labor, equipment, services or materials provided to your property from each party that sends you a notice of right to a lien.
4. When paying your contractor for materials, equipment, labor or services, you may make checks payable jointly to the contractor and the firm furnishing materials, equipment, labor or services for which you have received a notice of right to a lien.
5. Or use one of the methods suggested by the "Information Notice to Owners." If you have not received such a notice, contact the Construction Contractors Board.
6. Get evidence that all firms from whom you have received a notice of right to a lien have been paid or have waived the right to claim a lien against your property.
7. Consult an attorney, a professional escrow company or your mortgage lender.

Learn more about the lien law by requesting a booklet from the Construction Contractors Board called Construction Liens (503-378-4621 or www.oregon.gov/CCB). It contains an explanation of construction liens, how consumers can protect themselves and contractor responsibilities.

3.1 Lien Information Notice
This is not a lien. Your contractor is required by law to provide this notice to inform you about construction lien laws. This notice explains the construction lien law, and gives steps you can take to protect your property from a valid lien. As an owner, you should read this information notice carefully. This information notice is required to be given if you contract for residential construction or remodeling, if you are buying a new home, or at any time the contract price exceeds $2,000.

1. Under Oregon law, your contractor and others who provide labor, materials, equipment, or services to your project may be able to claim payment from your property if they have not been paid. That claim is called a Construction Lien.
2. If your contractor does not pay subcontractors, employees, rental equipment dealers, materials, suppliers, or does not make other legally required payments, those who are owed money may place a lien against your property for payment. It is in your best interest to verify that all bills related to your contract are paid, even if you have paid your contractor in full.
3. If you occupy or will occupy your home, persons who supply materials, labor, equipment, or services ordered by your contractor are permitted by law to file a lien against your property only if they have sent you a timely Notice of Right to Lien (which is different from this Information Notice), before or during construction. If you enter into a contract to buy a newly built, partially-built, or newly-remodeled home, a lien may be claimed even though you have not received a Notice of Right to a Lien. If you do not occupy the building, a Notice of Right to Lien is not required prior to filing a lien.

This notice is not intended to be a complete analysis of the law. You should consult an attorney for more information.

3.2 Common Questions and Answers About Construction Liens
Can someone record a construction lien even if I pay my contractor? Yes. Anyone who has not been paid for labor, material, equipment, or services on your project and has provided you with a valid Notice of Right to Lien has the right to record a construction lien.

What is a Notice of Right to Lien? A Notice of Right to Lien is sent to you by persons who have provided labor, materials, or equipment to your construction project. It protects their construction lien rights against your property.

When do construction liens need to be recorded? In Oregon, construction liens generally need to be recorded within 75 days from the date the project was substantially completed, or 75 days from the date that the lien claimant stopped providing labor; material, equipment, or services, whichever happened first. To enforce a lien, the lien holder must file a lawsuit in a proper court within 120 days of the date the lien was filed.

3.3 Steps To Protect Yourself

1. Contact the Construction Contractors Board (CCB) and confirm that your contractor is licensed. The law requires all construction contractors to be licensed with the CCB. Check a contractor's license online at the CCB consumer website: www.oregon.gov/ccb, or you can call 503-378-4621.
2. Review the Consumer Protection Notice (ORS 701.330(1)), which your contractor must provide to you at the time of contract on a residential structure.
3. Consider using the services of an escrow agent to protect your interests. Consult your attorney to find out whether your escrow agent will protect you against liens when making payments.
4. Contact a title company about obtaining a title policy that will protect you from construction lien claims.
5. Find out what precautions, if any, will be taken by your contractor, lending institution and architect to protect your project from construction liens.
6. Ask the contractor to get lien waivers or lien releases from every subcontractor, materials or equipment provider, and anyone else the contractor is responsible for paying. Do this before you give your contractor a progress payment.
7. Have a written contract with your contractor. A written contract is required for projects greater than $2,000. An original contractor that fails to provide a written contract as required by law, may not place a construction lien against the owner's property.
8. If you receive a Notice of Right to Lien, ask for a statement of the reasonable value of the materials, labor, equipment, or services provided to your project from everyone who sends you a Notice of Right to Lien. If the information is not provided in a timely manner, the sender of the Notice of Right to Lien may still be able to file a construction lien but will not be entitled to attorney fees.
9. When you pay your contractor, write checks made jointly payable to the contractor, subcontractors, materials, equipment, or services providers. The checks name both the contractor and the subcontractor, materials or equipment provider. The checks can only be cashed if both the contractor and the subcontractor, materials or equipment provider endorses it. This ensures that the subcontractor and other providers will be paid by your contractor and can eliminate the risk of a lien on your property.
10. Should you have a dispute with your contractor, you may be able to file a complaint with the CCB and be reimbursed in whole or in part from the contractor's bond. For more details about help available through the agency, write to the CCB at PO Box 14140, Salem, OR 97309-5052 or call 503-378-4621.
11. Consult an attorney. If you do not have an attorney, consider contacting the Oregon State Bar Referral Service at 503-684-3763 or 1-800-452-7636.

 4.1 NOTICE
Oregon law contains important requirements that homeowners must follow before starting an arbitration or court action against any contractor, subcontractor, or supplier (materials or equipment) for construction defects.

4.2 Arbitration or Court Action Requirements

1. Deliver a written notice of any conditions that you believe are defective to the contractor, subcontractor, or supplier that you believe is responsible for the alleged defect.
2. Allow the contractor, subcontractor, supplier, or its agent, to visually inspect the possible defects and also allow the contractor, subcontractor, or supplier to do reasonable testing.
3. Provide the contractor, subcontractor, supplier, or its agent, the opportunity to make an offer to repair or pay for defects. You are not obligated to accept any offer made.

There are strict procedures and deadlines that must be followed under Oregon law. Failure to follow those procedures or meet those deadlines will affect your right to stay an arbitration or court action. You should contact an attorney for more information on the procedures and deadlines required under Oregon law. Foundations First Northwest, LLC (FFNW) is supplying this notice to you as required by Oregon law.

5. CONSUMER PROTECTION NOTICE

5.1 About Notice
Oregon law requires contractors to provide the homeowner with this notice at the time of written contract, for work on a residential structure. This notice explains licensing, bond and insurance requirements, and steps that consumers can take to help protect their interests.

5.2 Ensure Contractor is Properly Licensed
Make sure your contractor is properly licensed before you sign a contract. Visit www.oregon.gov/ccb, and click on the link, Check on a Contractor's License, or call CCB offices at 503-378-4621. To be licensed in Oregon, contractors must take training and pass a test on business practices and law. Licensing is not a guarantee of the contractor's work.

1. A license requires the contractor to maintain a surety bond and liability insurance -The CCB surety bond provides a limited amount of financial security if the contractor is ordered to pay damages in contract disputes. It is not intended to be a safety net for consumer damages. Consumers with large projects may wish to look into performance bonds. Liability insurance coverage provides for property damage and bodily injury caused by the contractor. It does not cover contract disputes, including poor workmanship.
2. If your contractor is not licensed - the CCB bond and dispute resolution services will not be available to you.

5.3 What You Should Know About Bids, Contracts, and Change Orders

1. Bids Do not automatically accept the lowest bid - A low bid may make it necessary for the contractor to use lower quality materials and to cut corners in workmanship.
2. Contracts and Change Orders - Always get it in writing. Your contractor is required to provide a written contract if the contract price is more than $2000. The CCB recommends that all contracts be in writing.
3. Contracts should be as detailed as possible - Some items to include are materials and costs, permits, estimated start and completion dates, debris removal, and arbitration clauses. Make sure the contractor's name, CCB number, and contact information is included in the contract.
4. Read and understand your contract before signing it - Don't be pressured into signing your contract without taking the time needed to go through it. Make sure it includes enough details to avoid misunderstandings and to protect you and your property.

5.4 Additional Contract Information You Should Know

1. A Payment Schedule - should be included in the contract. Stick to the schedule and never pay in full for a project before the work is complete.
2. Special Note on Liens - Subcontractors and material suppliers that work on your project are often paid by the general contractor. If a general contractor fails to pay, the subcontractor may file a lien on your property. For information on construction liens, visit the CCB's Consumer Help Page at www.oregon.gov/ccb, or contact an attorney.
3. Warranty on new residential construction - Contractors must make an offer of a warranty when constructing a
   new residential structure. Consumers may accept or refuse the warranty.

5.5 If You Have A Problem With FFNW
You can file a complaint with the CCB against a licensed contractor within one year of the substantial completion of work on your project. Contact the CCB office at 503-378-4621 for help.

IN WITNESS WHEREOF, the parties hereby confirm that they have read, reviewed, understand, and agree to the
Proposal, Job Description, and Contract provided by FFNW.

Joe Smith FoundationsFirst Owner

28566 SW Boones Ferry Rd
Wilsonville, OR 97070
CCB: 219837