Terms & Conditions

This agreement shall become effective as of the effective signed date and will continue until the Services have been completed and CASITA ADU has been paid in full for such Services.

Termination

This Agreement may be terminated by either Client or CASITA ADU upon 20 days written notice under the following conditions:

By CASITA ADU

CASITA ADU reserves the right to terminate this Agreement if the Client fails to make payments in accordance with the terms specified herein. In such an event, CASITA ADU retains the right to collect partial or full payment for Services rendered up to the point of termination.

Substantial Non-Performance

CASITA ADU may terminate this Agreement if the Client substantially fails to fulfill the responsibilities outlined in this Agreement.

Project Suspension

CASITA ADU may terminate this Agreement if the Client suspends the Project or the Consultant's services for a period exceeding 180 consecutive days.

Limitation of Liability

CASITA ADU shall have no liability to the Client arising from the termination of this Agreement, whether for non-payment, non-performance, or project suspension.

By Client

Termination for Cause: The Client may terminate this Agreement if CASITA ADU substantially fails to fulfill the responsibilities outlined herein.

Termination for Convenience: Should the Client choose to terminate this Agreement for convenience and without cause, the Client shall be responsible for any termination-related expenses incurred by CASITA ADU, including reimbursable expenses.

Payment Upon Termination

In the event of termination under this Agreement, CASITA ADU shall be entitled to invoice the Client for full payment for all Services rendered and all reimbursable expenses incurred up to the effective date of termination. If the total amount due exceeds the retainer amount, the Client shall remit payment for the outstanding balance within twenty (20) business days from the date of the invoice.

Use of Drawings / Plans

Upon receipt of full payment, the Client will have full rights to use the drawings and plans prepared by CASITA ADU, at their sole risk and without any liability or legal exposure to CASITA ADU.

Media Release and Marketing Consent

The client agrees that CASITA ADU will document the entire construction process through photographs and videos and that a CASITA ADU sign will be displayed on-site during construction for marketing purposes. The client also consents to the use of some or all of this footage for educational and promotional activities.

Unforeseen Circumstances or Changes in Project Scope

If unforeseen circumstances arise or there is a significant change in the Project's scope, such as a serious personal event (e.g., death in the family, serious illness, etc.), that materially alters the original terms and conditions of this Agreement, the Client may choose to terminate the Agreement. Termination under this provision must be preceded by mutual discussions to explore potential adjustments to the Agreement. If termination is still pursued, the Client shall compensate CASITA ADU for all services performed up to the termination date.

Financial Hardship

In the event that the Client experiences a documented financial hardship that renders them unable to continue with the Project, the Client may terminate this Agreement. The Client will remain responsible for any unpaid amounts for services already rendered and any reimbursable expenses incurred by CASITA ADU, in accordance with the Payment Upon Termination clause.

Comprehensive Agreement

This agreement shall bind and ensure to the benefit of the parties and their respective heirs, personal representatives, successors, and assigns. This Agreement constitutes the final, complete, and exclusive statement of the agreement of the Parties concerning the subject matter hereof and supersedes any and all other prior and contemporaneous agreements and understandings, both written and oral, between the Parties. Any oral representations or modifications made prior to or after the execution of this agreement concerning the subject matter of this agreement shall have no force or effect; provided, however, that this agreement may be subsequently modified in writing specifically referring to this agreement and signed by both parties. Upon completion of structural plans and initiation of permitting, the client will receive at least three construction estimates from CASITA ADU preferred builders, covering all aspects of project construction and completion.

The Client acknowledges that CASITA ADU is not the contractor and does not assume sole responsibility for the performance or quality of work of the builder selected by the Client. However, CASITA ADU shares responsibility with the Client by actively participating in the vetting process, leveraging its expertise to recommend qualified builders, and providing ongoing project management oversight to ensure the work meets agreed standards. This shared responsibility reflects CASITA ADU's commitment to supporting the Client throughout the project, ensuring the selected builder aligns with both parties' expectations. Please be aware that specific items may be excluded from the estimate or categorized as changes or custom orders, which will be subject to additional costs.

Change Orders

Any significant changes made to the working drawings or plans after the final design has been approved will be treated as a change order. For the purposes of this agreement, a "significant change" is defined as any modification that requires more than three (3) hours of work. In the event of such changes, CASITA ADU will provide the Client with an estimate for the additional work required within a maximum of five (5) business days to minimize delays. The change order will not proceed without explicit written approval from the Client, ensuring that all adjustments align with the Client's expectations and project timeline.

Severability

If any term, provision, promise, or condition of this agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, in whole or in part, the remainder of the agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

No Third-Party Beneficiary Rights

No provision in this Agreement is intended or shall create any rights with respect to the subject matter of this Agreement in any third party.

Disputes

In the event CASITA ADU or Client shall have any claim against the other arising out of this Agreement, they shall attempt in good faith to informally resolve the dispute or otherwise agree upon the rights of the respective parties concerning such claims. If informal resolution cannot be reached, then any claim or dispute arising out of this Agreement shall be subject to mediation before a mutually agreed-upon mediator, as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party.

Responsibilities and Limitations

CASITA ADU will oversee and coordinate the construction means, methods, techniques, sequences, and procedures employed by the Contractor, ensuring they align with the project's design plans and specifications. While the Contractor remains responsible for implementing safety precautions and programs associated with their work, CASITA ADU will monitor these aspects to promote compliance with applicable safety standards.

CASITA ADU will serve as the project manager, working in collaboration with the chosen builder to ensure the successful completion of the project from start to final inspection. As part of our commitment, CASITA ADU will assist the client in selecting a qualified builder who aligns with the project's requirements and goals. We will oversee the coordination of all phases, including planning, construction, and compliance, ensuring a seamless process and adherence to quality standards.

Arbitration

If informal resolution or mediation fails to resolve the claim or dispute, either party may initiate arbitration proceedings, unless the amount of damages is contested in pending litigation with a third party, in which case arbitration will be delayed until the amount is determined or both parties consent to arbitration. The arbitration shall be conducted by a mutually agreed-upon arbitrator. The arbitration may be facilitated by the American Arbitration Association, Judicial Arbitration, Mediation Services, or Alternative Adjudication Services, or, if agreed upon by both parties, a retired judge from an arbitration panel. California Code of Civil Procedure Sections 1285 through 1289 shall apply to the arbitration. The arbitrator's decision regarding the validity and/or amount of any claim under this provision shall be binding on the parties. Any arbitration award may be enforced in court. The prevailing party in any enforcement proceedings shall be entitled to recover reasonable attorney's fees and costs.

Terms & Responsibilities at a Glance

• Casita ADU operates as a Construction Management Agency and does not hold a contractor's license.
• Casita ADU is not the builder and will not enter into or be responsible for construction contracts, warranties, or contractor obligations.
• All construction work will be performed under a separate agreement directly between the client and a licensed general contractor.
• Casita ADU will assist in vetting, selecting, and coordinating with the licensed contractor(s), but is not responsible for their performance.
• Casita ADU will serve in an advisory and oversight role only and will not direct subcontractor work, assume liability for construction quality, or be involved in the financial transactions between the client and builder.
• Casita ADU will not accept, hold, or disburse any construction funds on behalf of the client.
• Casita ADU will maintain transparency and provide support throughout the project lifecycle, but all financial and legal obligations for construction are the responsibility of the licensed contractor and client.
• Casita ADU serves in a non-contracting, project management capacity.
• Client selects and signs contracts directly with all builders and subcontractors.
• Casita will assist with builder vetting and act as liaison throughout the project.
• Casita ADU will not handle client funds or make payments to contractors.
• Any changes to plans after finalization may incur additional fees (approved as change orders).
• Casita ADU will provide updates, support scheduling, and help troubleshoot on the client's behalf.