General Terms & Conditions

  1. DEFINITIONS: The following terms have the meanings set forth below unless the context requires otherwise.

    “Agreement” means the written proposal, work order, contract, approved change orders, schedules, exhibits, drawings, specifications, and these General Terms and Conditions.

    “Contract Documents” means the documents comprising the Agreement.

    “Contract Price“ means the total amount payable to Contractor for the Work, as adjusted by approved change orders, taxes, fees, charges, reimbursable costs, and other amounts payable under the Agreement.

    “Contractor” means Spire Integrated Systems, LLC, or the contractor identified in the proposal or other contract document.

    “Owner” means the owner, lessee, customer, or other person or entity that signs the Agreement or authorizes the Work.

    “Project” means the improvement, installation, repair, or services described in the Agreement.

    “Property” means the real property where the Work is performed.

    “Substantial Completion” means the stage when the Work is sufficiently complete so Owner can occupy or use the Work for its intended purpose.

    “Work” means the labor, services, equipment, materials, and other work to be performed by Contractor under the Agreement.

    “Work Order” means any written authorization, proposal, estimate, or scope document accepted by Owner and Contractor for the Work.
  2. LICENSING: Contractor is an electrical contractor duly licensed under the laws and statutes of the State of Michigan. All electrical contractors are required to be licensed under Act 217 of 1956, the Electrical Administrative Act, being Section 338.887, Electrical Contractor License Requirements, of the Michigan Compiled Laws. Contractor's License number is 6108338.
  3. PERMITS/LICENSES: Contractor’s work shall comply with all applicable federal, state, county and/or city regulations, laws and codes. Contractor shall obtain required trade permits and licenses for the Work unless the Contract Documents expressly assign that obligation to Owner. Owner shall cooperate with Contractor and provide information reasonably necessary for permits, inspections, utility approvals, and similar approvals.

    Owner shall cooperate with Contractor and provide information reasonably necessary for permits, inspections, utility approvals, and similar approvals.
  4. AUTHORIZATION, ACCESS, AND SITE CONDITIONS: Owner authorizes Contractor and its employees and subcontractors to enter the Property at reasonable times to perform the Work. Owner will provide safe, clear access to work areas, including attic/crawl space access, electrical rooms, panel locations, driveways, and storage areas reasonably necessary for the Work. Owner is responsible for disclosing known hazards, including asbestos, lead paint, mold, vermin, unsafe structures, concealed wiring defects, or other unsafe or unusual conditions. If unsafe, concealed, or unforeseen conditions are discovered, Contractor may stop work until the condition is corrected, and additional costs and time may apply by change order.
  5. PRICING, PAYMENT AND CHANGE ORDERS: Contractor will bill Owner according to the Payment Schedule unless otherwise provided in the Contract Documents. 
    Payment Schedule:
    Payment 1: Upon Acceptance - 50%
    Payment 2: Prior To Installation - 30%
    Payment 3: Upon Final Delivery of Fixtures - 20%

    Approved change orders are due within fifteen (15) days after Owner acceptance unless the change order states that payment is due before the extra work is performed or unless another payment schedule is agreed to in writing. The proposal total excludes any design deposit, which is billed and contracted separately, if applicable.

    Any change to the scope, materials, code requirements, equipment, layout, requested completion schedule, or other Contract Documents must be documented in a written change order approved by Owner and Contractor. Change orders may adjust price and/or time. Contractor is not required to perform additional or changed work without an approved change order, except as needed for safety or code compliance. If multiple parties own or occupy the Property, any one Owner who signs or approves a change order represents that such approval is binding on all Owners. Owner understands that additional work may interrupt Project progress and delay completion.

    Owner agrees to timely make the periodic payments according to the Payment Schedule. Payment may be made only by personal check, bank transfers (ACH) (subject to a 1% processing fee), or credit card (subject to a 3% processing fee). ACH, credit card, and bank transfer payments may be made through our portal at: https://billpay.forte.net/spireintegratedsystems/
  6. TAXES AND OTHER CHARGES: Contractor will collect sales tax when required by law. If amounts in the Payment Schedule do not reflect applicable state and local sales tax, sales tax will be added to the Project cost. Government charges, permits and fees may be assessed in addition to the Project cost if not explicitly included in the proposal. For projects outside the State of Michigan, freight, shipping charges, and travel costs may be assessed in addition to the Project cost if not explicitly included in the proposal. Travel costs include but are not limited to airfare, automobile mileage, rental cars, accommodations, and meals (per diem) in accordance with Contractor’s written policies, available upon request.
  7. LATE PAYMENT/WORK STOPPAGE: Contractor shall have the right to stop work if payments are not made when due. In addition, Owner agrees Contractor may suspend work for unsafe conditions, lack of access, or Owner-caused delays, without liability for resulting delays. A late payment charge of ten percent (10%) of the amount owed shall be added to any late payments. Past-due balances shall accrue interest at seven percent (7%) per annum, or the maximum allowed by law if lower, and may be subject to collection costs and reasonable attorney’s fees where permitted by law. If work is stopped by Owner or pursuant to court order for a period exceeding sixty (60) days, Contractor may, upon five (5) days written notice, terminate this Agreement. If the Agreement is terminated under this section, Owner shall pay for all work performed, materials installed, materials ordered that are not returnable, and any other loss sustained by Contractor.
  8. VARIANCES/EASEMENTS/APPROVALS: Owner shall obtain and pay for all variances, easements and approvals required for the Project, except for trade permits expressly assigned to Contractor under the Contract Documents. If the Project cannot be completed due to Owner’s inability to obtain a required variance, easement, or approval, the parties shall be released from further obligations under this Agreement, and Owner shall reimburse Contractor for all actual expenditures made in the interest of the Project, including a pro rata amount for services and improvements provided.
  9. 9. PLASTER & DRYWALL: Unless expressly included in the Contract Documents, Contractor shall not be responsible for patching, painting, repairing, or restoring drywall, plaster, wall coverings, finishes, or other surfaces disturbed by or necessary for the Work.
  10. MATERIALS AND EQUIPMENT: Materials may vary by availability. If specified items become unavailable, Contractor may substitute comparable items with Owner’s approval, which may be given by email or text. Title to installed materials transfers to Owner upon full payment.
  11. SCHEDULING, DELAYS, AND COMPLETION: Estimated start and completion dates are good-faith estimates and not guarantees. Contractor agrees to diligently work on the Project to achieve completion. If Contractor is delayed through no fault of Contractor, the completion date shall be equitably adjusted. Contractor shall not be responsible for delays caused by permit or inspection schedules, hidden conditions, material availability, weather, utility coordination, extra work, Owner-caused delays, failure of Owner to make payments when due, acts of God, adverse weather conditions, strikes, lockouts, boycotts, labor union activities, acts of public enemy, riots or civil commotion, inability to procure materials through regular recognized channels, imposition of government priority or allocation of materials, inspections, changes ordered by inspectors or governmental bodies, or other causes beyond Contractor’s reasonable control.
  12. LIMITATION OF LIABILITY AND DAMAGES: To the fullest extent permitted by law, Contractor’s total liability arising out of or relating to this Agreement, whether in contract, tort, warranty, indemnity, or otherwise, shall not exceed the amounts actually paid to Contractor for the specific Work giving rise to the claim. To the fullest extent permitted by law, neither Contractor nor Owner shall be liable to the other for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits or loss of use, even if advised of the possibility of such damages. This Section does not limit amounts expressly recoverable for unpaid Contract Price, approved change orders, interest, collection costs, or attorney’s fees where recovery is expressly permitted by this Agreement or applicable law.
  13. INDEMNITY: To the fullest extent permitted by law, Owner shall indemnify and hold harmless Contractor and its agents, managers, employees, officers, members, subcontractors, and suppliers from and against claims, damages, losses, expenses, and costs, including reasonable attorney’s fees, arising out of or resulting from Owner’s breach of this Agreement, unsafe site conditions not caused by Contractor, acts or omissions of Owner or Owner’s agents, employees, invitees, or other contractors, Owner-supplied materials, or work performed by others that affects Contractor’s Work. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless Owner from and against third-party claims, damages, losses, expenses, and costs, including reasonable attorney’s fees, to the extent caused by Contractor’s negligent acts or omissions in the performance of the Work. Contractor’s indemnification obligations shall be subject to the limitation of liability in Section 14, except to the extent such limitation is prohibited by applicable law.
  14. INSURANCE: Contractor shall maintain workers’ compensation insurance as required by law and commercial general liability insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate, or such other coverage as may be stated in the Contract Documents. Certificates of insurance may be provided upon request. Contractor is not responsible for verifying, maintaining, or monitoring insurance for subcontractors or contractors hired directly by Owner.
  15. CONSTRUCTION LIEN RIGHTS; OWNER COOPERATION; REQUIRED NOTICES: Owner acknowledges that Contractor is furnishing labor, services, equipment, and/or materials for the improvement of a residential structure in Michigan and, to the extent permitted by the Michigan Construction Lien Act, MCL 570.1101 et seq., Contractor shall have the right to claim, record, and enforce a construction lien against the Property for unpaid amounts due under this Agreement, including approved change orders, interest, and other amounts recoverable by law. Owner agrees that the Property may be subject to a construction lien if Owner fails to make payment when due. This Agreement is intended to satisfy the written-contract requirements for residential construction lien rights under Michigan law. All amendments, change orders, and additions to this Agreement must be in writing and signed or otherwise approved by both parties as permitted by the Agreement. Contractor may take such actions as are reasonably necessary to preserve and enforce its lien rights, including recording a claim of lien in the office of the register of deeds for the county in which the Property is located within the time allowed by law and commencing an action to foreclose the lien within the time allowed by law. Contractor’s exercise of lien rights shall not waive any other contractual or legal remedies. Owner shall, upon request, promptly provide Contractor with the correct legal description of the Property, the name and address of the record owner, and any other information reasonably necessary for Contractor to prepare, record, and enforce a claim of lien. To the extent a notice of commencement is prepared for the Project, Owner shall provide Contractor with a copy upon request. Owner agrees to comply in a timely manner with all applicable requirements of the Michigan Construction Lien Act, including naming a designee when required by the Act. Contractor shall provide any sworn statement required by Michigan law in connection with payment requests and prior to recording any claim of lien. For purposes of preserving lien rights, Owner acknowledges that Contractor is contracting directly with Owner and, under Michigan law, Contractor is not required to provide a notice of furnishing to preserve lien rights arising from this direct contract.
  16. PHOTOS AND DOCUMENTATION: Contractor may take photographs or videos of the work area before, during, and after the Work for documentation, warranty, training, and recordkeeping purposes. Contractor may not use photographs or videos of the Work for advertising, marketing, promotional, or public-facing purposes without Owner’s separate written consent.
  17. REQUIREMENTS OF PUBLIC BODIES: Unless specifically agreed to in the Contract Documents, Contractor’s scope of work does not include changes, alterations, or modifications of the plans and specifications required by any public body, inspector, utility representative, bank inspector, mortgage company inspector, or insurance company inspector after financing, building permits, and/or licenses have been obtained. Any such work shall constitute extra work to be paid for by Owner through a change order.
  18. PROTECTION OF PROPERTY: Owner shall remove all personal property from the construction zone and shall secure, cover, or otherwise protect fixtures, appurtenances, landscaping, and other property in the construction zone. Contractor shall not be held responsible for damage to such items unless caused by Contractor’s negligent acts or omissions.
  19. DAMAGE TO PROPERTY: Contractor shall not be held responsible for damage caused by Owner, Owner’s agents, acts of other contractors, acts of God, soil slippage, earthquake, fire, weather conditions, riot, civil commotion, acts of public enemy, or any other act, event, or occurrence beyond Contractor’s reasonable control. Contractor shall not be responsible for damage to trees or landscaping where a root system encroaches into the construction zone, except to the extent caused by Contractor’s negligent acts or omissions.
  20. CONDITIONS OF PREMISES: Upon completion of the Project, Contractor shall remove construction debris resulting from Contractor’s Work or from the work of Contractor’s subcontractors, suppliers, and equipment. Contractor shall not be responsible for removing debris or cleaning the construction area to the extent caused by Owner, Owner’s agents, or other contractors. Contractor will leave the construction area and premises in broom-clean condition. Final cleaning beyond broom-clean condition is not included unless expressly stated in the Contract Documents.
  21. HAZARDOUS WASTE / ASBESTOS REMOVAL: This Agreement does not contemplate the existence of asbestos or other hazardous materials on the premises. Contractor shall have no obligation to investigate, test for, abate, remediate, handle, or remove asbestos or other hazardous materials discovered on the premises. If asbestos or other hazardous materials are discovered during construction, Contractor may suspend Work, and Contractor shall be entitled to an equitable extension of time and an equitable adjustment of the Contract Price for resulting impacts.
  22. OCCUPANCY: If Owner occupies the residence during construction, Contractor shall take reasonable measures to accommodate Owner’s occupancy provided such occupancy does not interfere with the Work. Owner agrees that additional fees and expenses, including labor charges, may apply if the Work is hindered as a result of Owner’s occupancy. Owner acknowledges the Work may create dust, debris, and noise, which may interfere with Owner’s normal occupancy of the residence, including areas not directly under construction.
  23. CONTRACTOR ACCESS TO PREMISES: Owner agrees to provide Contractor access to the premises between 7:00 a.m. and 7:00 p.m., unless otherwise agreed in writing. Contractor may require Owner or Owner’s agent to be present at designated times. Owner shall provide storage areas on the premises for materials and debris generated by the Project. Owner agrees to keep the driveway clear and accessible for Contractor’s vehicles during work hours. Contractor shall not be responsible for keeping gates closed for animals or children.
  24. OWNER ACCESS TO CONSTRUCTION ZONE: Owner understands and acknowledges that the construction zone may contain dangerous conditions. Owner shall not enter or allow others access to the construction zone unless accompanied by Contractor. If Owner enters or allows others to enter the construction zone unaccompanied by Contractor, Owner shall hold Contractor and its employees and agents harmless from any and all injuries and risks arising from such entry, to the fullest extent permitted by law.
  25. OWNER INSURANCE: Owner may purchase separate or additional insurance to protect Owner’s and/or Contractor’s interests, including fire, casualty, builder’s risk, or comprehensive insurance coverage. Owner is responsible for determining whether such coverage is appropriate.
  26. FINANCING: Owner is responsible for obtaining financing for the Project. Contractor may, at its option, assist Owner in obtaining financing. If all or part of this Agreement is financed, Owner authorizes the lender to make payments directly to Contractor. Owner agrees to open an escrow account for Project funds if requested by Contractor. Owner shall pay all financing fees, charges, and costs. If Owner is unable to obtain financing and Contractor finances the Project or any part thereof, Owner shall pay costs, interest, and finance charges in amounts agreed upon by the parties. Owner agrees to execute and deliver any notes, deeds, and other documents required by Contractor.
  27. SELECTION OF MATERIALS AND SUPPLIES: Unless otherwise agreed to in writing, Contractor shall be responsible for the selection of materials and suppliers in accordance with the plans and specifications. Materials shall comply with applicable building codes. If delivery of materials and supplies is delayed through no fault of Contractor, Contractor shall be entitled to an equitable extension of time to complete the Project.
  28. OWNER-SUPPLIED MATERIALS: Any Owner-supplied materials shall be delivered to the building site in a commercially reasonable manner, and Owner shall be responsible for all delivery costs. If Owner-supplied materials are defective or deemed unsuitable by Contractor, Owner shall replace such goods at Owner’s cost. If Owner is unable or fails to timely replace defective materials or supply conforming materials, Contractor may take reasonable steps it deems necessary to exchange, replace, or otherwise procure suitable materials to complete the Project. Amounts paid by Contractor to obtain suitable materials, including delivery charges, in excess of material allowances shall be reimbursed by Owner, shall be considered an addition to the Contract Price, and shall be payable within thirty (30) days after the date incurred by Contractor.
  29. WARRANTY: Contractor warrants that Contractor’s workmanship shall comply with applicable building codes and conform to the Project’s plans and specifications. Contractor’s workmanship shall, at a minimum, conform to industry standards for electricians in the county where the Work is performed. Upon full payment by Owner, Contractor warrants its workmanship for twelve (12) months from the date the warrantied item of Work is substantially complete. Owner shall notify Contractor of any claimed defect within thirty (30) days after discovery. Failure to provide timely notice of a defect voids this warranty for that defect. Failure to make full and timely payments under the Agreement voids this warranty. Within fourteen (14) days after receiving notice, Contractor shall inspect the alleged defect. Owner shall provide access to the premises to allow Contractor to perform tests and inspections deemed necessary by Contractor. If inspection reveals defects in Contractor’s workmanship, Contractor shall make reasonable repairs to correct such defects without cost to Owner. Contractor shall not be responsible for warranties of work or materials performed or supplied by subcontractors or contractors directly hired by Owner. This warranty is null and void if third parties have altered, repaired, or modified the Work claimed to be defective. Contractor’s warranty excludes damages or defects caused by abuse, improper or insufficient maintenance, improper use or operation, normal wear and tear, Owner-supplied materials, or materials or labor supplied or contracted for by Owner. Materials and other products incorporated into the Project carry only the warranties, if any, provided by the manufacturer. Contractor shall pass on such warranties, if any, to Owner. EXCEPT FOR THE WARRANTY EXPRESSLY PROVIDED HEREIN, OWNER ACKNOWLEDGES AND AGREES THAT NEITHER CONTRACTOR NOR ANY PERSON ON CONTRACTOR’S BEHALF HAS MADE OR MAKES FOR OWNER’S BENEFIT ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED; AND OWNER HAS NOT RELIED ON ANY REPRESENTATION OR WARRANTY MADE BY CONTRACTOR OR ANY OTHER PERSON ON CONTRACTOR’S BEHALF.
  30. CANCELLATION OF AGREEMENT: If Owner cancels this Agreement without legal cause after the right-to-rescind period has expired and before commencement of construction, Owner shall pay Contractor all actual expenses incurred to that date plus ten percent (10%) of the Contract Price. If Owner fails to pay such amounts and Contractor files suit, Contractor shall be entitled to recover all damages, including lost profits, costs, and reasonable attorney’s fees to the extent permitted by law.
  31. BREACH OF CONTRACT: If Owner breaches this Agreement, Contractor may serve a written notice of breach setting forth the default. If such default is not cured within ten (10) business days after service of the notice, or within such reasonable time as may be necessary to cure the breach if the breach cannot reasonably be cured within ten (10) business days and Owner promptly commences and diligently pursues cure, Contractor may, at its sole discretion, exercise any or all of the following remedies: (1) stop work, which shall not constitute a breach by Contractor; (2) terminate this Agreement; (3) recover from Owner all costs, fees, damages, and reasonable attorney’s fees incurred as a result of such breach to the extent permitted by law; and (4) exercise any rights under this Agreement or available at law. If Contractor terminates this Agreement for breach by Owner, the warranty is voided. If Contractor breaches this Agreement, Owner may serve a written notice of breach setting forth the default. If such default is not cured within ten (10) business days after service of the notice, or within such reasonable time as may be necessary to cure the breach if the breach cannot reasonably be cured within ten (10) business days and Contractor promptly commences and diligently pursues cure, Owner may terminate this Agreement and/or exercise any rights under this Agreement or available at law.
  32. DISPUTE RESOLUTION; CLASS ACTION WAIVER: Any dispute, claim, or controversy arising out of or relating to this Agreement shall first be addressed through good-faith discussions between Owner and Contractor. If the dispute is not resolved, either party may pursue any remedy available under this Agreement or applicable law in a court of competent jurisdiction, unless the parties separately agree in writing to arbitrate the dispute. To the fullest extent permitted by law, Owner and Contractor waive the right to bring or participate in any class, collective, consolidated, private attorney general, or representative action against the other. This Section does not limit Contractor’s right to record, preserve, or enforce construction lien rights or to pursue collection of amounts due under the Agreement.
  33. SUBSTANTIAL COMPLETION: The Project shall be deemed substantially complete when the Work is sufficiently complete so Owner can occupy or utilize the Work for its intended use.
  34. STANDARDS AND QUALITY OF WORKMANSHIP: The parties accept as the standards of workmanship for construction, materials, and installation those established by the National Association of Home Builders Residential Construction Performance Guidelines, as revised and in effect as of the date of this Agreement, except to the extent the Contract Documents, applicable code, manufacturer requirements, or electrical industry standards impose a higher or more specific standard.
  35. PUNCH LIST: Owner agrees to provide Contractor a proposed final completion punch list during the final phase of construction. After Contractor’s acceptance and completion of the final punch list, issuance of a certificate of occupancy if applicable, and receipt of full and final payment, the Project shall be considered fully complete.
  36. RESTOCKING FEE: Owner shall be responsible for any restocking fees, shipping charges, and other costs incurred by Contractor due to Owner-requested changes, cancellations, returns, or Owner-supplied materials, unless otherwise agreed in writing.
  37. PRONOUNS; MULTIPLE OWNERS: For convenience, Owner may be referred to in this Agreement in the singular or plural. If there is more than one Owner, the term Owner refers to all Owners, and each Owner is jointly and severally responsible for the obligations of Owner under this Agreement.
  38. GOVERNING LAW; JURISDICTION: This Agreement shall be governed by the laws of the State of Michigan, without regard to conflict-of-law rules. Subject to Section 39, any action arising out of or relating to this Agreement shall be brought in a state or federal court of competent jurisdiction located in Michigan, unless applicable law requires otherwise.
  39. NOTICES: Notices under this Agreement shall be in writing and delivered personally, by certified mail, by nationally recognized overnight courier, or by email to the addresses stated in the Contract Documents or any updated address provided in writing. Notices are deemed given when delivered personally, when confirmed by email transmission without bounce-back or error notice, one (1) business day after deposit with an overnight courier, or three (3) business days after deposit in the U.S. mail, postage prepaid.
  40. SEVERABILITY: If any provision of this Agreement is held invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid, illegal, or unenforceable provision shall be enforced to the greatest extent permitted by law or modified to the minimum extent necessary to make it enforceable.
  41. ASSIGNMENT: Owner may not assign this Agreement without Contractor’s prior written consent. Contractor may assign the right to receive payment and may subcontract portions of the Work, provided Contractor remains responsible for Contractor’s obligations under this Agreement.
  42. ELECTRONIC APPROVALS AND SIGNATURES: The parties may approve change orders, selections, notices, and other Project communications by email, text message, electronic signature, or other written electronic means, unless the Contract Documents require a specific form of signature. Electronic signatures and approvals shall have the same effect as originals to the fullest extent permitted by law.
  43. ORDER OF PRECEDENCE: In the event of conflict among the Contract Documents, the following order of precedence shall apply unless expressly stated otherwise: (1) signed change orders, with later change orders controlling over earlier change orders; (2) the signed proposal, work order, or contract; (3) these General Terms and Conditions; (4) schedules and exhibits; and (5) drawings, sketches, plans, blueprints, and specifications.
  44. ENTIRE AGREEMENT: The Contract Documents, including these General Terms and Conditions, constitute the entire understanding of the parties. No other understanding, collateral or otherwise, shall be binding unless signed or otherwise approved in writing by both parties. This Agreement shall not become effective unless and until accepted in writing by Contractor.