General Rules

Sposen Signature Homes (Contrator)

AND

Vendor

SPOSEN SIGNATURE HOMES, LLC
TRADE PARTNER AGREEMENT: JOB SITE RULES, WARRANTY SERVICE, AND HURRICANE PREPARATION

This document outlines the expectations and responsibilities of Trade Partners working with Sposen Signature Homes, LLC (Builder) on new home construction projects. Trade Partners are expected to comply with all applicable policies, procedures, regulations, and the terms of the Master Trade Partner Agreement (updated 10.3.2023) to ensure quality, safety, and timely completion of work.

A. Jobsite Rules

Trade Partners shall adhere to the following rules to maintain a safe, clean, and efficient jobsite. Non-compliance may result in penalties, fines, back-charges, or termination as outlined herein and in the Trade Partner Agreement (Article 6.04).

1. General Conduct and Professionalism
   • Maintain professional attire at all times while on site.
   • All service personnel must speak English fluently and wear a company name badge or provide proper identification when interacting with homeowners (Trade Partner Agreement 6.04b).
   • No consumption of alcoholic beverages or illegal drugs is permitted before, during, or after work; violators will be asked to leave and may be trespassed (Trade Partner Agreement 6.04f).
   • No eating, drinking, or smoking is allowed inside homes; smoking is prohibited within 20 feet of doorways or windows (Trade Partner Agreement 6.04r).
   • Keep music volume low to avoid disturbing workers or neighbors (Trade Partner Agreement 6.04l).
   • Profanity, rudeness, or impolite behavior is strictly prohibited (Trade Partner Agreement 6.04m).
2. Vehicle and Parking Regulations
   • No parking on driveways, building pads, or graded yards; park only in designated areas on one side of the street, in accordance with local laws (Trade Partner Agreement 6.04n).
   • After loading/unloading, vehicles must move to the designated parking area (not on the home side of the curb).
   • Exercise caution to avoid bringing dirt onto streets or damaging Best Management Practices (BMPs) such as sod stabilization or silt fences; Trade Partners are responsible for cleanup or repair costs.
3. Material and Equipment Management
   • Deliver, unload, store, handle, erect, and maintain all equipment and materials; remove all items upon job completion (Trade Partner Agreement 2.01d).
   • Do not set tools, materials, or trash on countertops, vinyl, or ceramic areas.
   • Follow the Builder’s “drop map” for material deliveries.
   • Secure and protect all Labor/Materials until delivered to Builder; Trade Partner assumes full responsibility for loss or damage until acceptance by a Builder employee via signed delivery ticket (Trade Partner Agreement 6.04c).
   • Provide temporary power if electricity is unavailable on site.
   • No work shall begin without a valid Purchase Order (PO); work performed without a PO is at Trade Partner’s sole risk and expense and will not be paid (Trade Partner Agreement 5.04b).
4. Trash and Cleanup
   • Place all trash, scrap, and waste materials in Builder-provided dumpsters daily; if no dumpster is available, remove and dispose of debris off-site at the end of each day (Trade Partner Agreement 6.04a).
   • Broom sweep all affected areas daily and deposit debris into designated containers; failure to comply may result in a minimum $250 cleaning fee plus additional costs, deducted from payment (Trade Partner Agreement 6.04a).
   • Hazardous materials (e.g., paints, fuels) must be stored per NPDES standards in lockable, enclosed containers and disposed of off-site at the Trade Partner’s expense in compliance with all regulations.
5. Facility Use
   • Use only Builder-provided portable toilets and water facilities; use of home bathrooms is strictly prohibited (Trade Partner Agreement 6.04q).
   • Portable toilets must be placed at least 10’ from the curb and 20’ from storm water inlet drains, never in streets or near ponds/wetlands.
   • If sanitary facilities are unavailable or not working, Trade Partners must leave the site to find lawful alternatives (Trade Partner Agreement 6.04q).
6. Work Restrictions
   • No extra work for potential homebuyers or clients is permitted without written approval from Builder; unapproved work will be removed at the Trade Partner’s expense (Trade Partner Agreement 6.04o-p).
   • Do not use water or electricity from neighboring completed homes unless authorized by a Builder representative.
   • Remain within a 20-foot perimeter of the project under construction unless transitioning to/from transportation (Trade Partner Agreement 6.04h).
   • Do not enter or place materials on adjoining properties without Builder permission (Trade Partner Agreement 6.04j).
   • No swimming or fishing is allowed on jobsites (Trade Partner Agreement 6.04i).
7. Scheduling and Coordination
   • Use the Builder’s Construction Management Software daily to access and approve POs, schedules, documents, selections, plans, and change orders (Trade Partner Agreement 1.04).
   • Complete all scheduled items within the allotted time as per the PO and Article 3.02 of the Trade Partner Agreement; delays incur a $250/day penalty unless due to acts of God, severe weather, strikes, or boycotts (Trade Partner Agreement 3.01).
   • Post daily logs with before-and-after photos in the portal to confirm work completion for payment processing.
   • Notify Builder in writing within 2 business days if a client/customer discusses work, timing, or requests modifications (Trade Partner Agreement 6.04o-p).
8. Quality and Compliance
   • Do not cover up inferior or defective work; the Construction Manager’s decision on disputes regarding workmanship is final.
   • Labor/Materials must meet or exceed industry standards; Builder may order improvements or corrections if methods/equipment are inadequate (Trade Partner Agreement 6.04s).
   • Obtain and pay for all required permits and inspections; cover any re-inspection fees due to lack of performance.
   • Provide current Material Safety Data Sheets (MSDS) for all applicable products to the Builder.
   • Comply with all laws, ordinances, and safety regulations (e.g., OSHA, Construction Safety Act); Trade Partner is solely responsible for fines or citations (Trade Partner Agreement 6.04g).
9. Environmental Compliance (Storm Water Pollution Prevention Plan – SWP3)
   • Clean any sand, dirt, or sediment carried onto streets or storm drains by Trade Partner activities.
   • Store materials (e.g., dirt, sand, mortar) at least 10’ from the curb with proper underlayment (e.g., plywood, plastic) and cover to prevent runoff.
   • Place generators, concrete mixers, etc., at least 10’ from the curb with secondary containment to prevent spills; clean spills immediately.
   • Wash out concrete only in designated containment bins; never dump excess concrete or slurry on the ground or near streets/drains.
   • Report accidental spills affecting ponds, wetlands, or waterways to the Builder immediately for appropriate action.
   • Repair any damage to BMPs (e.g., sod, silt fences) before leaving the site or bear the cost of repairs.
   • Trade Partners are liable for fines or citations resulting from SWP3 non-compliance.
10. Time and Delays
    • Time is of the essence (Trade Partner Agreement 18.01); undue delays may result in financial penalties or work completion by others at the Trade Partner’s expense (with 24-hour notice) (Trade Partner Agreement 5.04e).

B. Warranty Service

Trade Partners are responsible for warranty work as outlined below to ensure homeowner satisfaction and compliance with Builder standards, per the Trade Partner Agreement (Article 15) and prior documents.

1. Warranty Coverage
   • Guarantee all Labor/Materials to be free from defects and conform to Contract Documents for at least one year from the buyer’s closing date or 14 months from Certificate of Occupancy (whichever is shorter), with two-year warranties on mechanical systems (e.g., plumbing, HVAC, electrical) (Trade Partner Agreement 15.01-15.02a).
   • For Model Homes, warranties begin when turned over to a purchaser, subject to normal wear and tear (Trade Partner Agreement 15.04).
   • Cover secondary/extended warranties, latent defects, and governmental requirements as offered through Builder Divisions.
   • Provide manufacturer warranties with copies to Builder (Trade Partner Agreement 15.02b).
2. Response and Completion
   • Respond to homeowners within 24 hours of receiving a “Customer Care Work Order” from the Builder’s Customer Care Department (via fax or email).
   • Repair or replace defects within 48 hours of written notice (unless awaiting parts/materials), including damage to other work caused by defects, at no cost to Builder (Trade Partner Agreement 15.06).
   • Complete all warranty work within 2 working days of receiving the work order; failure may result in payment holds or completion by Builder at the Trade Partner’s expense after 5 working days.
   • Obtain homeowner signature and date on completed work orders and fax them to the Customer Care Department.
   • Missing a scheduled homeowner appointment incurs a $100 no-show fee per occurrence, offset by open POs (Trade Partner Agreement 15.06).
3. Service Standards
   • Limit attempts to satisfactorily complete warranty work to one; after one attempt, Builder may employ another Trade Partner and back-charge the original Trade Partner.
   • Follow all reasonable policies set by the Customer Care Department, including Builder’s Heightened Awareness and Quality by Stage Programs (Trade Partner Agreement implied via compliance with Builder policies).
   • Provide a 24-hour emergency service number to the Customer Satisfaction Department; dispatch emergency calls promptly.
   • Correct non-emergency warranty issues within 3 days of notification, or Builder may correct and back-charge the Trade Partner.
   • For water intrusion or mold issues, Builder may use a Water Intrusion Professional; if attributable to Trade Partner’s work, costs will be back-charged with documentation provided (Trade Partner Agreement 15.08).
4. Additional Responsibilities
   • Pay for subsequent damage to homes caused by defective work and any costs to repair or replace disturbed work during warranty repairs (Trade Partner Agreement 15.02b).
   • Include up to 8 hours of punch work in POs to address deficiencies prior to payment approval (Trade Partner Agreement 5.01).
   • Warranty scope shall meet or exceed the Builder’s Homeowners Warranty Booklet (Trade Partner Agreement 15.03).

C. Hurricane Preparation

Trade Partners shall follow these procedures to prepare for and mitigate damage from severe storms (tropical storms and hurricanes) as directed by the Builder and the National Hurricane Center (NHC).

1. General Preparedness (Beginning of Hurricane Season – June 1)
   • Review the Severe Storm Action Plan SOP provided by the Builder at the start of hurricane season.
   • Comply with local building department requirements for storm alerts (posted in the office).
2. Severe Storm Watch (Upon NHC Issuance)
   • Receive and follow Severe Storm Checklists from the Emergency Coordinator.
   • Prepare to secure work areas as directed by the Construction Manager.
3. Severe Storm Alert (Approximately 72 Hours Out)
   • Execute assigned checklist tasks and report completion details to the local Emergency Coordinator twice daily.
   • Remove or secure all loose materials, trash, and equipment that could become airborne (e.g., spike plywood, band bundles, place CMU blocks on top).
   • Secure new plantings and uninstalled roof tiles; brace homes at the shell stage against wind.
   • Stop all material deliveries except those necessary for storm prep; secure or install pre-notified deliveries.
   • Store excess materials in garages or other secure locations; top off and remove or weigh down dumpsters with dirt or heavy blocks.
4. Severe Storm Warning (Approximately 24 Hours Out)
   • Complete all in-progress work within 24 hours of the NHC warning; remove or secure unused materials.
   • Secure individual homesites:
     • Remove uninstalled roof tiles/shingles from roofs.
     • Close and lock all windows, doors, and sliding glass door (SGD) panels.
     • Turn off power and water to each home.
   • Secure portable toilets (move to garages, tip over and tie down, or relocate per SWP3 rules).
   • Close and lock the Construction Office trailer.
   • Leave the area when instructed by the Emergency Coordinator.
5. Trade Partner Responsibilities
   • Perform all hurricane prep tasks specific to your trade (e.g., cleanup, weatherproofing, securing, bracing) at no additional cost to Builder unless pre-negotiated for Builder-supplied materials.
   • Begin preparations upon an official NHC hurricane watch or earlier if directed by Builder; complete within 24 hours of starting (Trade Partner Agreement 18.01 – time is of the essence).
   • Coordinate with the Construction Manager to secure vulnerable construction areas, prioritizing finished homes and models.
6. After the Storm
   • Return only with Emergency Coordinator approval; photograph all damage for insurance purposes.
   • Assess and report hazardous situations (e.g., downed power lines, spills) to public safety officials.
   • Remove debris from roads and property with subcontractors; return materials to original locations.
   • Re-establish utility service to homesites and complete an incident report for claims or accidents.
   • Refer media inquiries to the Divisional Manager or Regional President.