Windoor Retro Professionals

Terms and Conditions

1. Scope of Work

Windoor Retro Professionals (hereinafter referred to as the “Contractor”) shall furnish all labor, materials, equipment, and expertise necessary to perform the services outlined in this agreement on the Homeowner’s property (hereinafter referred to as the “Homeowner”). All work will be performed under State of Florida Certified Building Contractor License CBC1267537, issued to Joseph B. Underwood II, ensuring full compliance with applicable state and local regulations.

Installation and related services for windows and doors will generally be scheduled Monday through Saturday, excluding statutory holidays, unless alternative arrangements are mutually agreed upon in writing. To ensure the highest standards of quality and safety, all work will be performed only under favorable weather conditions, as environmental factors such as rain, high winds, or excessive humidity can compromise installation integrity and the performance of sealants, adhesives, and related materials.

While the Contractor strives to reasonably complete all projects within 90 calendar days of commencement, the Homeowner acknowledges that certain circumstances beyond the Contractor’s control—such as delays from suppliers, manufacturers, permitting authorities, or adverse weather conditions—may extend the project timeline. Such delays shall not constitute a breach of contract, provided the Contractor maintains clear communication and makes reasonable efforts to mitigate disruptions and expedite completion.

The Contractor will secure and post all required permits before work begins and will perform all installations in a professional and workmanlike manner. All windows, doors, and related components will be installed in strict compliance with the most current provisions of the Florida Building Code (FBC), including High-Velocity Hurricane Zone (HVHZ) requirements where applicable. Installations will also follow the manufacturer’s published installation instructions, approved product specifications, and accepted engineering practices to ensure the highest level of quality, safety, and code compliance. Furthermore, all products will be installed in accordance with the engineering instructions and recommendations provided by the manufacturer, unless the Homeowner provides a written hold harmless waiver specifying otherwise.

2. Permits

The Contractor shall apply for and obtain all necessary permits and regulatory approvals as required by the applicable local municipality or county authority when agreed upon with the Homeowner prior to commencing work.

This agreement recognizes that the Homeowner reserves the right to opt out of having the Contractor obtain permits in cases where:

A permit is not required by the local authority,

The Homeowner elects to pull their own permit, or

The Homeowner and Contractor mutually agree that the work will proceed without a permit due to undisclosed or exceptional circumstances.

In the event that work is performed without a permit under such mutual agreement, the Homeowner shall be released from any liability or penalty that could result from work being completed without a permit. Such decisions are made solely at the discretion and consent of both parties, with the understanding that the Contractor’s responsibility to obtain permits applies only when expressly agreed upon.

The average cost of a window or door permit is approximately $120, but fees can vary significantly between jurisdictions and may be substantially higher due to factors beyond the Contractor’s control, such as municipal fee schedules, impact fees, or administrative surcharges. Should permitting fees exceed the $120 baseline, the Contractor will promptly notify the Homeowner, and by signing this agreement, the Homeowner acknowledges and agrees to cover any additional permitting costs beyond that amount.

While the Contractor strives to minimize additional fees wherever possible, certain municipalities may require engineered drawings, structural calculations, or engineering letters to satisfy local building code or inspection requirements. In such instances, the Contractor will immediately inform the Homeowner of these requirements and associated costs for approval prior to proceeding. If these engineering-related expenses are already detailed as line items in the signed contract, no additional charges will apply for those specific services. Additional costs will only be assessed if such requirements arise unexpectedly and were not included in the initial agreement.

Alternatively, if the Homeowner elects to obtain the necessary permits independently, the Contractor may act as a subcontractor on that permit only if the Homeowner agrees to remit full payment to Windoor Retro Professionals prior to scheduling the final inspection. By assuming the role of permit holder, the Homeowner also accepts full responsibility for all associated liability, including damages, injuries, or losses, and agrees to provide adequate insurance coverage for the Contractor while work is being performed on the property.

The Contractor may, upon request, supply the documentation reasonably required to facilitate the permitting process; however, any related costs or administrative burdens incurred during this process will not be the responsibility of the Contractor.

3. Insurance

The Contractor shall maintain general liability, workers' compensation, and builder's risk insurance in accordance with applicable state requirements for the duration of the services. Proof of such insurance will be provided to the Homeowner upon request.

4. Survey and Title

The Homeowner shall indicate property lines and provide boundary stakes, if necessary, through a licensed land surveyor.

5. Change Orders

Any changes to the scope of work must be documented via a written "Change Order" signed by both parties. Such Change Orders shall become part of this contract, and the Homeowner agrees to pay any increased costs resulting from such changes. If the cost of a Change Order is not determinable at the time of execution, the Contractor shall provide an estimate, and the Homeowner shall be responsible for the actual costs, irrespective of the estimated amounts.

6. Substitution of Materials

The Contractor reserves the right to substitute materials of equal or greater value without prior notice if necessary for project application. The Contractor works with premium manufacturers, including CWS by Pella, Simonton, Viwinco, Eastern Architectural, PGT, and Wincore. However, there may be instances where manufacturers are unable to produce windows in specific sizes because such dimensions have not been approved by engineering. To avoid settling for alternative measurements, we aim to secure windows in the exact dimensions required for the project.

In certain cases, it may be necessary to change products to ensure the project proceeds as planned. Any substituted products will be equal to or better than the original in terms of appearance, performance, and warranty coverage. The Contractor shall endeavor to inform the Homeowner of any material substitutions and will not be liable for delays or additional costs incurred due to such substitutions, provided that all substitutions meet or exceed original specifications.

7. Access

The Homeowner shall ensure that work areas are accessible to Contractor personnel and vehicles, including designated areas for material and debris storage. The Homeowner shall keep driveways clear for vehicle movement during work hours. The Contractor will take reasonable measures to protect lawns, shrubs, and vegetation.

8. Work Product Ownership

All copyrightable works, ideas, inventions, and other intellectual property developed by the Contractor in connection with the services shall be the exclusive property of the

Homeowner. The Contractor will execute necessary documents to affirm the Homeowner's ownership.

9. Confidentiality

The Contractor and its representatives will maintain strict confidentiality regarding the Homeowner's proprietary information, both during and after the term of this contract, unless otherwise agreed in writing.

10. Cancellation

Under Florida Statute § 520.72, the Homeowner has the unequivocal right to rescind this home improvement contract without penalty by providing written notice (via certified or registered mail) before midnight of the third business day following execution of the agreement. Cancellation within this period obligates neither party to any further liability or damage.

Cancellations Beyond the Rescission Window

If the Homeowner cancels the contract after the three‑business‑day rescission period, the following terms apply:

The Homeowner risks forfeiting the initial deposit in its entirety.

If the Contractor has already ordered products or completed a formally drafted site plan, the Homeowner agrees to pay a 22% administration fee (of original agreement), in addition to all costs and expenses incurred up to that date.

These costs may include, but are not limited to, engineering fees, permitting costs, material procurement, drafting services, and any irrecoverable contractor expenditures.

By signing this agreement, the Homeowner acknowledges and consents to these terms.

Legal Context & Reasonableness under Florida Law

Florida law permits inclusion of termination for convenience and administrative fee provisions, provided they are clearly set forth in the contract. Courts typically uphold such clauses when they reflect a reasonable attempt to recover a contractor’s legitimate expenses—such as material commitments or design efforts—and are not punitive. No statutory cap exists for administrative or cancellation fees in this context. Thus, the 22% administration fee is deemed acceptable, assuming it is clearly presented and voluntarily agreed upon at the time of contracting.

Refund Processing

The Contractor will process any applicable refund of the deposit within two to four weeks following contract cancellation. However, refunds will reflect:

Deduction of the forfeited deposit, if cancellation occurs beyond the three-day period.

Plus the 22% administration fee, and any actual costs already incurred.

Only unencumbered funds will be returned once expenses are reconciled.

11. Payment

Payment is due upon substantial completion of the work (at least 90%) unless otherwise agreed in writing. In the event the project is less than 90% complete, the Contractor will determine the completed percentage, and the Homeowner agrees not to withhold more than 10% of the contract amount unless agreed upon with the Contractor. Payments shall be made to Windoor Retro Professionals or Windoor Retro Pros. Interest on overdue amounts will accrue at 14.99% per annum, or the maximum allowed by law. The Homeowner shall be responsible for all collection costs, including reasonable attorney fees. Non-payment may constitute a material breach of this contract, enabling the Contractor to cancel and seek legal remedies.

For projects that take multiple days to complete, or when a project cannot be completed in the original estimated timeline due to warranty issues, product defects, delays in materials, or similar uncontrollable circumstances, the Contractor may request in-progress payments to cover work and materials already provided.

Additionally, final payment will be required prior to scheduling the final inspection. Failure to remit final payment may result in delays in inspection and completion, and the Contractor shall not be liable for any resulting issues or penalties.

12. Completion of Services

Upon completion, the Contractor shall restore the Homeowner's property to its pre-work condition and ensure the area is clean and free of debris.

13. Default

Material default occurs upon:

a. Failure to make a required payment.

b. Insolvency or bankruptcy of either party.

c. Seizure of property by creditors.

d. Failure to deliver services as outlined.

e. Cancellation of financing offered by the Contractor or the Homeowner.

14. Remedies

If a party defaults, the non-defaulting party may terminate the contract with 30 days' written notice to cure the default. Failure to cure shall result in automatic termination.

15. Force Majeure

The Contractor shall not be liable for delays caused by events beyond reasonable control, including acts of God, strikes, or other emergencies. Affected obligations shall be suspended as necessary, and both parties shall resume performance once such causes are removed.

16. Arbitration

Any disputes arising from or concerning this contract shall initially be addressed through good‑faith negotiations. If the parties cannot reach a resolution, the matter will proceed to binding arbitration administered by Judicial Arbitration and Mediation Services (JAMS), under its prevailing Commercial Arbitration Rules.

Arbitration Procedures

Initiation: The party seeking arbitration must submit a formal demand under JAMS rules.

Administration: The dispute will be administered under JAMS’ standard commercial arbitration procedures, including selection of a neutral arbitrator.

Cost Allocation: The party requesting arbitration shall pay 80% of total arbitration costs, with the remaining 20% borne by the other party, unless otherwise agreed or ordered.

Exemptions: Disputes solely involving nonpayment are exempted from arbitration and may be pursued through judicial remedies.

Contact for JAMS Services

There is no JAMS office located in Marion County or the surrounding area. The nearest in-person resolution center is in Miami, approximately a 4–5 hour drive from Ocala.

JAMS Miami Resolution Center

Address: One Biscayne Tower, 2 South Biscayne Boulevard, Suite 3600, Miami, FL 33131

Telephone: 305‑371‑5267

Alternatively, for general inquiries related to arbitration rules, procedures, or assistance with case setup, you may contact JAMS’ national offices:

General Inquiries: 800‑352‑5267

JAMS Miami Resolution Center

View detailed information about the Miami facility, including address, services, and virtual tour, at: https://www.jamsadr.com/miami

East/Central U.S. Contact (Case Procedures, Filings, Panelist Selection):

Sherman Humphrey

600 Brickell Avenue, Suite 2600, Miami, FL 33131

(Email available via JAMS contact page)

Why the Miami Center?

Miami is the closest staffed, fully equipped JAMS Resolution Center offering both in-person and virtual hearing capabilities. All arbitration hearings, mediation sessions, and administrative support are efficiently handled there.

17. Legal Expenses

In any legal action arising from this contract, the prevailing party shall recover reasonable legal expenses, including attorney fees. The Homeowner agrees to bear costs incurred by the Contractor for enforcing this contract.

18. Severability

If any provision is found invalid or unenforceable, the remaining provisions shall remain in full force.

19. Governing Law

This contract shall be governed by the laws of the State of Florida. Any legal proceedings shall be brought in Pasco County, Florida.

20. Hold Harmless & Pre-Work Requirements

Pre-Work Requirements

The Homeowner agrees to prepare the property prior to the commencement of work as follows:

Furniture and Interior Items: All furniture, wall décor (including photos, mirrors, and art), blinds, curtains, draperies, and other valuables within three (3) feet of any window or door opening must be moved to provide the Contractor with adequate workspace.

Exterior Preparation: Exterior furniture, decorations, potted plants, grills, and hedges must be trimmed or moved back a minimum of three (3) feet from the exterior wall surfaces where work will be performed.

Electronics and Alarms: The Homeowner is responsible for disconnecting and securing all electronic devices, alarm systems, and related components prior to installation.

Accessibility: The Contractor must have clear and unobstructed access to each work area. If adequate clearance is not provided at the time of installation, the appointment may be rescheduled, and additional labor or rescheduling fees may apply.

The Contractor will not be held responsible for damages to personal property, landscaping, or household items that were not moved, cleared, or protected by the Homeowner prior to installation.

Home Alarm Systems

It is the sole responsibility of the Homeowner to ensure that any home alarm system or security sensor attached to a window or door is properly disconnected before work begins and re-engaged after installation.

If the Contractor is asked or required to handle any component of the alarm system, and the outcome is later deemed unsatisfactory by the Homeowner, the Contractor shall not be held responsible or disparaged for any resulting issues, including but not limited to false alarms, wiring faults, sensor misalignment, or service interruptions.

By signing this agreement, the Homeowner expressly acknowledges and accepts full responsibility for all alarm-related disconnections, re-engagements, and potential adjustments.

Hold Harmless

The Homeowner agrees to indemnify and hold harmless the Contractor, its employees, and subcontractors for any damages, loss, or liability resulting from assistance with moving personal property or performing work in areas not properly cleared.

The Contractor shall likewise be held harmless for any damages to personal property, including but not limited to furniture, photos, blinds, curtains, or other valuables, if the Homeowner is either unable to move these items or chooses not to move them prior to the commencement of work.

Post-Installation Repairs and Finishing

The Homeowner is solely responsible for any cosmetic or finishing work following the installation, unless otherwise agreed to in writing. This includes, but is not limited to, painting, staining, sanding, trim finishing, and minor stucco or caulking touch-ups exceeding $100 in value.

These tasks fall outside the scope of the Contractor’s workmanship warranty and are considered normal post-installation finishing responsibilities.

Clean-Up

The Contractor will make reasonable efforts to clean the work areas upon completion, including removing major debris and wiping glazing residue from installed products. Minor construction dust, fingerprints, or glazing haze are normal and are the responsibility of the Homeowner to clean after installation.

Caps & Covers

The Contractor will provide guidance and instructions for the installation of any screw caps, screw covers, or finishing accessories supplied with the windows and doors. Unless otherwise agreed to in writing, the Homeowner is responsible for completing the final installation of these non-structural components once the main installation has been completed and the product has been inspected.

All screw caps and screw covers are considered cosmetic finishing materials and are not required for the structural integrity, performance, or warranty compliance of the product. Their sole purpose is to conceal fasteners and provide a finished appearance after installation.

Swing Doors (Interior and Exterior)

All swing doors, whether interior or exterior, will contain installation screw holes or fastener points that remain uncovered after installation. These openings are standard in the manufacturing and installation process.

The Homeowner is solely responsible for filling, patching, or concealing these holes using wood putty, filler, or other appropriate finishing materials of their choice, after successfully passing final inspection. As most swing doors are delivered factory-primed rather than fully finished, it is standard practice that they require final sanding and painting after installation. The Contractor will not be responsible for performing or coordinating painting, patching, or aesthetic finishing unless expressly included in the written contract.

Sliding Glass Doors

For sliding glass doors, the Contractor will return after the project has successfully passed final inspection to install all applicable screw caps, screw covers, and trim inserts supplied by the manufacturer. This ensures proper clearance for inspection and allows the units to be verified in their operational state before final finishing components are applied.

The Homeowner acknowledges that caps and covers on sliding glass doors are purely decorative trim components that conceal fasteners and have no bearing on the product’s performance or warranty.

By signing this agreement, the Homeowner acknowledges and agrees that:

All final cosmetic finishing such as patching, sanding, and painting of doors and trim is the Homeowner’s responsibility unless specifically listed as a paid service in the contract; and The Contractor’s responsibility for finishing items ends upon providing proper guidance for the installation or application of cosmetic covers and components.

Failed Appointments

A “failed appointment” is defined as any situation in which the Contractor cannot access the property due to the Homeowner’s unavailability, locked or obstructed access, or other preventable conditions. At least 24 hours’ notice is required for any rescheduling or cancellations. Failure to provide adequate notice may result in a missed appointment fee ranging from $1,500 to $3,000, depending on the scope of work, at the Contractor’s sole discretion. This amount will be added to the final invoice.

22. Replacing Bucking

Bucking, in the context of window installation, refers to the structural framing material used to properly secure and support windows during installation. Windoor Retro Professionals' estimates include the replacement of bucking for up to two (2) windows at no additional charge. If it is determined during the installation process that additional bucking is needed beyond those two windows — due to severe termite damage, significant rotting, or other factors — this will be added as a Change Order and reflected in the final invoice.

If the need for additional bucking is discovered after work has commenced and was not included as a line item in the initial contract, an additional charge of $100 per window will be applied for the labor and materials required to complete the installation.

By signing this agreement, the Homeowner acknowledges and agrees that any such additional bucking charges will be issued as a Change Order and added to the final invoice.

Important Note: This section only applies to replacement projects and does not apply to new construction projects, where all bucking is considered part of the base installation scope and priced accordingly.

Windoor Retro Professionals reserves the right to review and, in certain cases, waive or adjust the additional $100-per-window fee following an assessment of the specific circumstances and consultation with the Homeowner.

23. Ordering Materials

The Contractor will provide a detailed sketch layout to the Homeowner and review it together to confirm all aspects of the project, including what will be ordered and completed. Once this contract is signed, the sketch layout reviewed and agreed upon by the Homeowner becomes finalized. Any discrepancies or errors in the ordering of materials, such as windows, doors, window features, door features, glass types, or other components, based on the approved sketch layout will be the responsibility of the Homeowner. The Contractor relies on this finalized sketch layout to accurately place orders for all project materials.

The ordering phase of the project typically takes 3-5 business days. This phase is distinct from lead times and is not included in the lead time calculations. The 3-5 business day timeline allows for thorough verification to ensure the accuracy of all orders before they are finalized and submitted.

Additionally, all materials ordered for the project must be registered to a Notice of Commencement for warranty purposes with the manufacturer. A Notice of Commencement is a legal document filed with the county clerk's office to officially document the start of a construction project and establish the parties involved, ensuring that warranties are correctly assigned and enforceable.

The process of registering materials to the Notice of Commencement can take up to 2 business days and is included within the 3-5 business day ordering phase. This ensures that all warranties with the manufacturer are valid and associated with the specific project outlined in this contract.

24. Lead Times

In the window and door installation industry, lead times refer to the estimated period between placing an order for materials and their delivery. Lead times are subject to various factors, including supplier schedules, manufacturing processes, and shipping logistics. At Windoor Retro Professionals, the lead times provided are estimates and not guarantees.

It is important to note that doors generally have longer lead times than windows. Unlike windows, doors do not always come with exact Estimated Times of Arrival (ETAs) from suppliers. Our ETAs are expressed in terms of weeks rather than specific dates. These estimates are based on information available at the time of ordering and may change due to factors beyond our control.

Windoor Retro Professionals strives to provide accurate estimated lead times prior to placing orders. However, because lead times depend on third parties, we cannot promise or guarantee any specific delivery schedule. No additional discounts, reimbursements, or compensation will be offered for lead times that extend beyond the initial estimation.

We aim to maintain clear communication regarding lead times. Homeowners may request updates on lead times after two weeks from the date of ordering. However, the Homeowner agrees not to hold the Contractor liable for delays or exert undue pressure on the Contractor regarding material lead times.

When signing this agreement, the Homeowner acknowledges that lead times are inherently unpredictable and that the Contractor will work diligently to manage the project timeline within these constraints.

25. Manufacturer Errors

Occasionally, product manufacturers may make errors in ordering, produce defective products, or miscommunicate lead times. These issues, while regrettable, are outside the control of Windoor Retro Professionals and do not reflect the Contractor’s quality of service. The Homeowner agrees that Windoor Retro Professionals shall not be held liable for any errors, defects, or delays that are the fault of the manufacturer.

In the event of a manufacturer error, Windoor Retro Professionals will promptly communicate the issue to the Homeowner and advocate on their behalf to seek the most reasonable resolution. However, Windoor Retro Professionals’ role is limited to facilitating communication with the manufacturer. The Contractor does not have the authority to make decisions on behalf of the manufacturer and cannot compel a specific outcome.

Should the situation require escalation, Windoor Retro Professionals will work diligently to escalate the concern to the appropriate parties within the manufacturer’s organization. The Contractor agrees to cooperate with any necessary legal or procedural steps to support the Homeowner in achieving a resolution.

While Windoor Retro Professionals is committed to assisting the Homeowner in navigating these situations, the Contractor cannot guarantee a specific resolution or the desired outcome. Additionally, no promises for reimbursement or compensation will be made for manufacturer errors. The Homeowner acknowledges and accepts these limitations as part of the agreement.

26. Governing Law

This contract and any disputes arising from or related to its performance, interpretation, or breach shall be governed by and construed in accordance with the laws of the State of Florida. Any legal action, suit, or proceeding arising out of or relating to this contract shall be exclusively brought in the competent courts of Marion County, Florida, and both parties hereby submit to the exclusive jurisdiction of those courts for the purpose of any such legal action or proceeding.

This Contract shall be construed in accordance with the laws of the State of Florida.

NOTICE REGARDING FLORIDA’S CONSTRUCTION LIEN LAW 

Under Florida law (Florida Statutes Sections 713.001-713.37), anyone who works on your property or provides materials, labor, or services for improvements to your property and is not paid in full has the legal right to enforce a claim for payment against your property. This claim is called a Construction Lien.

A construction lien gives the unpaid party (which could be a subcontractor, material supplier, or labor provider) the right to seek payment directly from the value of your property, even if you have already paid the Contractor in full.

Key points you should understand:

If your Contractor fails to pay a subcontractor, material supplier, or other party that worked on your property, that unpaid party may file a lien against your property.

If you fail to pay your Contractor according to this agreement, the Contractor may also file a lien to recover the unpaid amount.

If a lien is filed and remains unpaid, your property could be sold without your consent to satisfy the debt owed for the labor, materials, or services provided.

How You Can Protect Yourself

To avoid construction liens being filed against your property, you should take the following steps:

Request a Release of Lien: Before making any payment, request from the Contractor a written “Release of Lien” from any subcontractor, supplier, or party that has provided a “Notice to Owner.”

Keep Records of All Payments: Maintain copies of all canceled checks, receipts, and written acknowledgments of payment.

Confirm All Parties Are Paid: Before final payment, verify with the Contractor that all subcontractors, laborers, and material suppliers have been paid in full.

Act Promptly on Notices: If you receive a “Notice to Owner,” do not ignore it. This document is a formal notice from a subcontractor, supplier, or other party preserving their right to file a lien if unpaid.

Your Responsibilities as the Homeowner

By signing this contract, you acknowledge that:

You understand Florida’s Construction Lien Law and the risk of liens if parties providing labor, services, or materials remain unpaid.

You accept responsibility for cooperating with the Contractor to ensure lien releases are issued and payments are properly documented.

You agree to follow reasonable procedures, including signing any documents necessary to secure lien waivers and protect both your property and the Contractor from disputes or claims.

Florida Homeowners’ Construction Recovery Fund 

If you lose money on a project performed under contract due to a violation of Florida law by a licensed contractor, you may be eligible to recover a portion of your loss from the Florida Homeowners’ Construction Recovery Fund.

Contact Information:

Address: 2601 Blair Stone Road Tallahassee, FL 32399‑2215

Phone: (850) 921‑6593

This fund does not cover losses from unlicensed contractors or situations where the homeowner has failed to comply with statutory requirements.

27. Entire Agreement

This contract represents the entire agreement between the parties and supersedes all prior agreements. The contract shall not be executable until signed by both parties. If only one signature exists, this contract shall be void.