Iowa Catastrophe Exterior Repair Contract

IOWA CATASTROPHE EXTERIOR REPAIR CONTRACT

Before signing: Iowa Code § 103A.71 applies to a residential contractor offering roofing or other exterior work resulting from a natural catastrophe on a building constructed for one to four families, including a detached garage. The contractor must give the customer the completed statutory notice in duplicate, printed in at least 10-point bold type, and obtain the customer's signature before or when the contract is made. Give the customer both completed, signed copies with the contract; retain a separate record copy.

This Contract is made on [__/__/____] by [OWNER OR POSSESSOR LEGAL NAME] (Customer) and [CONTRACTOR LEGAL NAME] (Contractor) for the property at [STREET ADDRESS, CITY, IOWA ZIP].

Customer mailing address, phone, and email: [ADDRESS; PHONE; EMAIL]

Contractor business address, phone, and email: [ADDRESS; PHONE; EMAIL]

Catastrophe, date, and exterior damage: [DESCRIBE FIRE, WIND, HAIL, FLOOD, OR OTHER NATURAL EVENT; DATE; OBSERVED DAMAGE]

Property insurer and claim number, if any: [INSURER; CLAIM NUMBER / NONE]

1. Work and materials

Contractor will perform the work in Exhibit A at the property. Both parties shall sign Exhibit A before work begins. The exhibit describes each roof or exterior area, removal, repair or replacement, materials, quantities, and exclusions. Contractor will provide labor, equipment, cleanup, and the permits identified below.

Permits and inspections: [WHO OBTAINS WHICH PERMITS; WHO PAYS; INSPECTION STEPS]

Site access, protection, and disposal: [HOURS; ACCESS; TARPING OR PROTECTION; DEBRIS REMOVAL]

Target start: [__/__/____] or [SPECIFIC CONDITION]. Target completion: [__/__/____] or [SPECIFIC CONDITION]. Contractor shall tell Customer promptly of a delay and its cause. A changed scope, material, price, or date requires a written change order signed by both parties before the changed work begins, except emergency work separately authorized in writing.

2. Price and payment

Deposit: $[AMOUNT / ZERO] due [DATE OR EVENT]. Progress payment: $[AMOUNT / ZERO] due [COMPLETED WORK]. Final payment: $[AMOUNT] due [COMPLETION AND INSPECTION CONDITION].

Subject to the statutory rights stated in the attached notice, Customer owes the agreed price for work performed regardless of whether an insurer pays a claim. An insurance estimate or claim submission does not change the price or payment schedule unless both parties sign a change order. Customer will pay any applicable deductible; Contractor has not offered and will not offer to rebate it. Contractor will not represent or negotiate with the insurer on Customer's behalf. See Iowa Code § 103A.71(2)-(3).

This Contract does not assign insurance benefits or claims to Contractor. Any proposed assignment must be set out in a separate document signed by the affected parties.

3. Work quality, warranty, and completion

Contractor will perform the work in a workmanlike manner using the agreed materials. Contractor's written labor warranty: [COVERAGE, TERM, REMEDY, EXCLUSIONS / NONE OFFERED]. Manufacturer warranties: [IDENTIFY AND ATTACH / NONE]. Any warranty stated here is in addition to nonwaivable rights under applicable law.

At completion, Contractor will provide [FINAL INSPECTION RECORDS, WARRANTY PAPERS, PAID INVOICES, AND OTHER CLOSEOUT ITEMS]. Customer may record unfinished or defective items in a written completion list. The parties will agree in writing on the correction date and any amount withheld pending correction.

4. Notices and signatures

A notice under this Contract goes to the party's address or email stated above. The statutory notice attached below is part of this Contract. It records the Customer's understanding of payment responsibility and the restrictions on deductible rebates and claim negotiation; it does not waive any right given by Iowa law.

Customer signature: [SIGNATURE] Date and time: [__/__/____; TIME]

Contractor authorized signature: [SIGNATURE] Date and time: [__/__/____; TIME]

Contractor signer name and title: [NAME; TITLE]

Statutory notice copies completed, signed, and attached: [DATE AND TIME; CUSTOMER INITIALS]

EXHIBIT A — WORK SCOPE

Excluded work: [DETAILS / NONE]. Emergency work already authorized: [DATE, SCOPE, AND AGREED PRICE / NONE].

Customer initials: [INITIALS] Contractor initials: [INITIALS]

ATTACHED STATUTORY NOTICE — COPY 1

NOTICE OF CONTRACT OBLIGATIONS AND RIGHTS

You may be responsible for payment to [CONTRACTOR LEGAL NAME] for the cost of all goods and services provided whether or not you receive payment from any property and casualty insurance policy with respect to the damage. Pursuant to Iowa law your contract with [CONTRACTOR LEGAL NAME] to provide goods and services to repair damage resulting from a naturally occurring catastrophe including but not limited to a fire, earthquake, tornado, windstorm, flood, or hail storm is void and you have no responsibility for payment under the contract if [CONTRACTOR LEGAL NAME] either advertises or promises to rebate all or any portion of your insurance deductible, or represents or negotiates, or offers to represent or negotiate, on your behalf with your property and casualty insurance company on any insurance claim relating to the damage you have contracted to have repaired. Your signature below acknowledges your understanding of these legal obligations and rights.

Date: [__/__/____] Customer signature: [SIGNATURE]

Contractor name inserted and notice delivered: [CONTRACTOR LEGAL NAME; DATE AND TIME]

ATTACHED STATUTORY NOTICE — COPY 2

NOTICE OF CONTRACT OBLIGATIONS AND RIGHTS

You may be responsible for payment to [CONTRACTOR LEGAL NAME] for the cost of all goods and services provided whether or not you receive payment from any property and casualty insurance policy with respect to the damage. Pursuant to Iowa law your contract with [CONTRACTOR LEGAL NAME] to provide goods and services to repair damage resulting from a naturally occurring catastrophe including but not limited to a fire, earthquake, tornado, windstorm, flood, or hail storm is void and you have no responsibility for payment under the contract if [CONTRACTOR LEGAL NAME] either advertises or promises to rebate all or any portion of your insurance deductible, or represents or negotiates, or offers to represent or negotiate, on your behalf with your property and casualty insurance company on any insurance claim relating to the damage you have contracted to have repaired. Your signature below acknowledges your understanding of these legal obligations and rights.

Date: [__/__/____] Customer signature: [SIGNATURE]

Contractor name inserted and notice delivered: [CONTRACTOR LEGAL NAME; DATE AND TIME]

Official sources

• Iowa Code § 103A.71: https://www.legis.iowa.gov/docs/code/103A.71.pdf