Date: August 14, 2022

To: Dawn Thornburg

From: Dalson Construction

Representative: Robert Dalson

Construction Contract

This Contract is effective as of (date signed by Representatives) by and between:

Dalson Construction
“Contractor”, with a principal place of business located at:
44435 W Desert Plant Trail,
Maricopa AZ 85139

And , “Client”, located at:

Dawn Thornburg
399 NW Brynwood Lane
Portland OR 97229
in more detail in the “Scope of Work", "Approved Drawings", "Change Orders", which is/are
hereby incorporated into this Contract. The Client shall pay the Contractor the base contract sum of :

$337,288.09 [as specified in more detail in Scope of Work],

as may be amended by the parties, for the Contractor’s performance of the Contract.

This Contract shall be a: Fixed Price

Project Cost, Payment Summary & Project Time Line

Total Project Costs $283,978.37

Framing and Siding Materials $53,309.72

Total $337,288.09

Summary of Project Payment Schedule

See Section 4: Compensation/Payment Terms for specific payment terms.

Project Deposit $56,800.00

Due upon the Client’s execution of this Contract. Contract is not ratified unitl the deposit is received.

Progress Payments
Progress billings will be issued in accordance with Section 4 of this Contract for (i) Completed Work and (ii) deposits
required of Contractor for materials or services ordered and will be detailed via payment terms and schedule provided
through BuilderTrend

Total of Progress payments $280,488.09

**Payment schedule will be listed in BuilderTrend once the project commences

Project Time Line

Commencment Date Pending Permit Issuance (Assuming 3/07/2022 +/-)

Major Completion Date N/A
Full Completion Date Pending Permit Issuance (Assuming 7/13/2022 +/-)

The Scope of Work should be complete in under 90 Business Days

Definitions. As used in this Contract

"Client." – Means Steve Boender

"Contractor." – Means Rupp Family Builders Inc.

the Clients project cost will increase or decrease accordingly, by the delta between the Allowance and the actual cost
of the item. Contractor to update the Client on the Allowance totals as they are approved.

"Approved Drawings."
· The final plans - Are:
and specification that are approved by the local code enforcement jurisdiction (if required), and must
be signed by both the Contractor and Client
· Other plans, specifications, schematics andbefore construction of
word descriptions begins.
the Work Product as described in the Scope of
Work
ensureand
theChange Order(s).
Work Product adequately reflects the work described in the Scope of Work and Change Order(s), and
must
· Clients signature does not Contractor
be signed by both the relieve the and Client before
contractor construction
of any duty begins. under this Contract. Client has no
or responsibilty
responsibilty for the means, methods, techniques, or any other element of the Contactor's work and services.

The Clients election of an Option will be documented in writing through a Change Order signed by both the Client and
Contractor. The $250.00 Change Order fee does not apply to Options.

and its employees, on behalf of the Client during the term of this Contract and more fully described in the Project
Totals Report(s), Approved Drawings and Change Order(s).

"Scope of Work or SOW" – The document attached herein that describes all the work that is included to be completed
under this contract and the total cost of said work.

increased or decreased costs. All Change Orders shall be signed by both the Contractor and Client, prior to
commencement of said work by the Contractor. See the Change Order Contract.

items such as (but not limited to): touch up paint, minor hardware items, punch list items. Major completion approval
from the Client will not be reasonably withheld.

Drawings and Change Order(s) will be completed to industry tolerances. Contractor and Client to perform a walk
through in review of Major Completion for Client Approval and sign off of completion.

Definitions. As used in this Contract (Cont.)

“Full Completion” – Refers to 100% completion of the SOW, Approved Drawings and Change Order(s) to the Clients
satisfaction, including minor finish items, minor hardware items, cosmetic items and punch list items.

“Full Completion Date” – The date upon which the Contractor warrants Full Completion of the SOW, Approved
Drawings and Change Order(s) will be completed to industry tolerances.

the Contractor, the Contractor’s employees, or Subcontractors will become the agent, representative or employee of
the Client and no express or implied representations to the contrary will be made.

“Completed Work” – Refers to having completed the work described in the SOW. Work can be both partially and fully
complete.

“Substantial Work” – Refers to work performed on the job site by one or more trades that leads to the completion of
the project. The work must have taken place in three out of the last five consecutive business days.

“Project Planning” – Labor time spent by Contractor in selecting, specifying, estimating, designing, confirming or
otherwise organizing the commencement of the work specified in the SOW.

“Commencement Date” – The date physical construction begins on the Client job site.
“Project Timeline” – Details the project Commencement Date, Major Completion Date, and Full Completion Date.

Terms and Conditions

1). Contractor Commitment. The Contractor agrees to provide all the labor, materials, services and tools necessary to complete the SOW and
Approved Drawings included herein, except to the extent specifically indicated in this Contract to be the responsibility of others.

2). Contractor's Warranties

Performance Guidlines, NAHB. The assignments will be performed in an expeditious and economical manner consistent with the project’s best
interests, and the Contractor will at all times cooperate with the Client so as to further the project’s best interests.

2.2 The Contractor warrants to provide the Work Product as more fully described in the SOW, Approved Drawings and Change Order(s) to the
specifications mutually agreed upon between the Client and the Contractor.

2.3 The Contractor warrants to providing the project services in a timely fashion. Time is of the essence. The Contractor is not responsible for project
delays caused by Force Majeure, and/or Client caused delays.

expressly disclaimed unless investigation otherwise determines the Contractors responsibility. Contractor's warranty period does not limit the
manufacturer or supplier warranties.

2.5 The Contractor agrees to cure any manufactured product malfunction that occurs within the product warranty period that is a result of faulty or
improper installation of said product.

2.6 The one year warranty period specifed in section 2.4 is not applicable to any structural or other construction defects and Oregon Law will apply in
such cases.

2.7 This warranty is non-transferable and only exists between the Contractor and the original Client as signed and dated herein. Furthermore, this
warranty covers only the work performed described in the attached SOW, Approved Drawings, and/or Change Orders.

Contractor of its responsibilities to fully and properly perform the Scope of Work in accordance with the standards of care set forth this Contract and
Oregon Law

4. Compensation / Payment Terms.

4.1 Compensation is based solely on the Scope of Work and any subsequent Change Orders.

reasonable with the time and work to be completed. The payment schedule is typically posted during the first week of on site work, Client has no
obligation to make further payments in the absence of a payment schedule being posted.

4.3 Client shall remit payment to the Contractor within 3 business day of the scheudled date as set forth in the payment schedule

4.4 All payments must be made when due, time being of the essence. Late payments shall be subject to interest at a rate of .75% a month (9% per
annum). Payments will be halted if production is delayed for any reason and will then resume the week that production resumes.

any other rights or remedies under this Contract or at law, to suspend Work until all payments due have been received less any amounts reasonably
withheld by the Client for items not yet delievered or complete.
of liens for which payments have been made; b) conditional releases for payments not yet received, data establishing payment or satisfaction of all
obligations arising out of this Contract; and c) the following requirements have been met:
vi. Contractor has delivered a final set of as-built plans, OEM manuals, and any other closeout documents;
vii. Client agrees in writing that Full Completion has been met.

4.7 The Parties agree to waive any requirements for ORS 701.420 (regarding establishing interest-bearing escrow accounts on contracts over
$500,000) as between themselves that would otherwise apply.

5. Change Orders & Additional Work Authorization. (see Change Order Contract)

at their expense. Notwithstanding the foregoing, Contractor shall verify all the measurements on any Approved Drawings and notify the Client of any
deviations that might exist between the Approved Drawings and the actual space.

during the work process will be reported to all the individuals that have interest in the Work Product. “The Individuals” may include, but are not limited
to, Client, product owners, product buyers, seller’s agents, buyer’s agents, and/or brokers.

8. Delays
This can include, but is not limited to inaccuracy/incompatibility in Client provided material. This does not include, Client rejection of Contractor work
that does not conform to Section 15 Conformance with SOW, Approved Drawings and Change Order(s).

"Occurance" shall mean a separate event resulting in a Client caused delay. In the event that Client provides Contractor with five (5) days notice of a
Client caused delay to Contractor, there shall be no liquidated damages paid to Contractor.

8.3 If a Client caused delay results in a delay of the completion dates of the project then the Major and/or Full Completion Dates will be amended
accordingly (in writing and signed by Client and Contractor) based on the delay at no cost to the Contractor

8.4 Contractor Caused Delays. A contractor caused delay is when the Contractor makes a decision or is in control of a job item that halts progress.
This can include, but is not limited to inaccuracy/incompatibility in Contractor provided material.

8.5 Contractor shall complete the project in accordance with the date/schedule set forth in the Project Timeline labeled as the Full Completion Date,
subject to time extensions as permitted under this Contract, including without limitation Force Majeure events and Client caused delays.

Completion Date, the Contractor agrees to pay liquidated damages to the Client. The liquidated damages will be the Clients quantifiable incremental
costs related to the delayed project completion and negotiated at the time of the delay

a natural act, will not constitute any additional expenses, fines or penalties on the part of the Contractor over and above the cost of maintaining the
moisture levels.

work area. It is the Client’s responsibility to keep such beings and belongings clear of the work areas during the projects duration. Once materials are
installed the Client will be responsible for damages and/or losses not the result of acts of the Contractor, its employees, or subcontractors.

responsible for all damage to the Client’s property resulting from negligent acts of the Contractor, its employees, or subcontractors which are not the
result of the Client’s act or omission.

those existing at the Project site prior to Contractor’s commencing work at the site. Moreover, Contractor shall not be responsible for any subsurface
or otherwise concealed physical conditions and shall be entitled to a change order adjusting the cost and time for performance relating to same.

12. Term of Contract. This Contract will commence as of the date set forth above and remain in full force and effect until Full Completion, terminated
or otherwise brought to conclusion through the Dispute Resolution plan set forth in the General Provisions.

13. General Provisions

additional time as may be reasonably necessary to cure), the Client may elect (in writing) to terminate the Contract. All remaining balances on
Completed Work must be paid in accordance with Section 4. Payment/Compensation Terms

The parties agree to use a single arbitrator regardless of the claim amount and agree to conduct discovery under the Oregon Rules of Civil
Procedure, in addition to applicable ASP rules.

13.3 If Contractor wishes to terminate the Contract due to Client’s failure to make timely payment when due for work performed, the Client shall have
7 days to cure such failure to pay following Contractor’s written notice specifying such failure.
further payment until the Scope of Work is finished and, notwithstanding any other provision of this Contract, Contractor shall be liable for Clients'
excess costs and other damages incurred in completing the Scope of Work. This obligation for payment shall survive the termination of the Contract.

costs of enforcement including, without limitation, reasonable attorneys' fees and court costs, and damages in the form of lost wages or other
expenses incurred as proved with justifiable evidence (Receipts, Time Journals, etc.)

13.6 Notices. All notices and demands will be in writing.

13.7 All Amendments in Writing. No waiver, amendment or modification of any provisions of this Contract will be effective unless in writing and
signed by a duly authorized representative of each party. Email and Text confirmation by either party constitutes "In Writing".

party. Such acts will include, but not be limited to, acts of God, strikes, walkouts, riots, acts of war, epidemics, power failure(s), earthquakes, or any
other natural disaster.

representations, understandings, and agreements, whether verbal or written between the parties to this contract or their representatives. No
representations or statements of any kind made by either party, which are not expressly stated in the Entire Contract, will be binding on such parties.

Client shall reimburse the Contractor for any fees, permit fees, special taxes, and/or assessments assumed by the Contractor for working in the
Client’s municipality or jurisdiction.

15. Conformance with SOW(s), Approved Drawings, and Change Order(s)

Contractor will coordinate all inspections for the Client. Should the local jurisdiction require further engineering or changes to plans, the Client will be
billed for this additional work as a Change Order.

Order(s), that is substantial or beyond industry standards, will be brought to the attention of the client prior to final installation. Any changes to the
SOW(s), Approved Drawings or Change Order(s), will require a signed Change Order.

Builders and Remodeler's, National Association of Home Builders, 2005 . If an item is not covered in that publication, standard industry practice shall
govern. All local, County, and State Codes shall have precedent over any publication on standards of installation or quality.

15.4 Contractor will, at Client’s expense, provide Client with a copy of this booklet upon request or Client may purchase one at
www.buildersbooks.com

15.5 Client is responsible for removal of any landscaping that is required for the setting up of scaffolding and the framing and finish of this project.
Although all possible care will be taken not to damage any existing landscaping or plants Contractor shall not be responsible for such damage.

Change Order(s). Any deviations from the SOW(s), Approved Drawings and Change Order(s) that was not approved with the Contractor prior to
commencement will require Change Orders described in Section 5.

15.7 Any deviations from the SOW(s), Approved Drawings and Change Order(s) arising from Client error will be corrected at the expense of the
Client and require a signed Change Order.

15.8 Any deviations from the SOW(s), Approved Drawings and Change Order(s) arising from Contractor error will be corrected at the expense of the
Contractor and require a signed Change Order.

include but is not limited to changes in layout, color, design, etc that result in an unfavorable outcome or additional job charges. The Client accepts
full responsibility for any results or final costs that Client’s materials may produce.

work to be completed and to increase all policies to include the size and value of the work that is to be completed in amounts required by Oregon
law. Contractor shall maintain its general liability coverages through the duration of the applicable period of repose.

licensure and any necessary endorsements throughout the course of its work and any warranty or correction work at the site. Contractor shall cure
any licensing laps immediately upon discovery.

use, loss of value, and adverse health effects or any other effects. To the extent not caused by Client’s failure to properly maintain the project/home,
Contractor will repair and/or replace only construction related elements in the event of mold damage; sheetrock, flooring, structural members, etc.

20. Job Site Policies. These policies must be followed on the job site at all times by the Contractor, the Contractors employees and sub-contractors
hired by the Contractor.
20.1 Smoking will be done across the street or at the personal vehicle of the sub-contractor or employee.

influence of drugs (whether legal or illegal) or alcohol. Violation of this will result in immediate dismissal of the offending employee or sub-contractor
and may be grounds for termination of the contract by the Client.

that a generator is needed for construction, the Contractor will provide one until the set time that permanent utilities are available in the Client’s
name.

Agreement. Provided, however, this limitation shall not apply to limit Client's claims for loss of use damages and repair costs arising from
construction defects, to Owner indemnity claims, or to any damages (consequential or not) covered under the terms of any insurance policy.

Contractor, its subcontractor(s), anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether
or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder.
CCB Notifications
CONTRACTOR: CCB#: 201773
Rupp Family Builders Inc.
(As signed by the Contractor Representative) (Date Signed on Final Page)

Contractor Signature Date

CLIENT:
Steve Boender
(As signed by the Client Representative) (Date Signed on Final Page)

Signature Date
Job Site Address: 399 NW Brynwood Lane
Portland OR 97229

CONTRACTOR: CCB: 201773

Rupp Family Builders Inc.
(As signed by the Contractor Representative) (Date Signed on Final Page)

Contractor Signature Date

PROPERTY OWNER:
Steve Boender
(As signed by the Client Representative) (Date Signed on Final Page)

Signature Date
 CONTRACTOR: CCB: 201773
Rupp Family Builders Inc.
(As signed by the Contractor Representative) (Date Signed on Final Page)

Contractor Signiture Date

PROPERTY OWNER:
Steve Boender
(As signed by the Client Representative) (Date Signed on Final Page)

Client Signiture Date

NOTICE OF RIGHT TO LIEN

(ORS 87.021)

Warning: Read this notice.

Protect yourself from paying any contractor or supplier
twice for the same service

To: Steve Boender (Date Signed on Final Page)

(Owner, Owners Agent) (Date of submittal)

399 NW Brynwood Lane

Portland OR 97229
(Owner's Address)

This is to inform you that (Name of Contractor):

Rupp Family Builders Inc.
 has begun to provide one or more of the following: Labor, Materials, and Services for the purpose of constructing or
remodeling:
Garage/Shop Addition

Ordered by: Steve Boender

To property you own. The property is located at:
399 NW Brynwood Lane
Portland OR 97229

you. Even if you or your mortgage lender has made full payment to the contractor who ordered these materials or
services, your property may still be subject to a lien unless the supplier providing notice is paid.

THIS IS NOT A LIEN, it is notice sent or given to you for your protection in compliance with the construction
lien laws of the State of Oregon.

This notice has been sent to you by:

Name: Rupp Family Builders Inc.
Address: 29030 SW Town Center Loop East
Suite 202 Box# 429
Wilsonville OR 97070
Phone: 971 264 9392
(If you have any questions about this notice, feel free to call us.)

(See the next page for more important information)

Scope of Work
Also See BuilderTrend For Electronic Copy
 Change Order Contract
writing. The Client and Contractor shall acknowledge and agree on the terms and conditions of each Change Order in
BuilderTrend prior to the changed work commencing.
scope of the Contract, consisting of additions, deletions, or other revisions, prior to incorporation into a Change Order.
The following requirements apply to Potential Change Orders:
and Consultant with a written Potential Change Order within seven (7) days of Client's request (and in any case prior
to Contractor performing any such work or incurring any costs with respect to such changed work).
Change Order within seven (7) days of discovering the conditions giving rise to the change (and in any case prior to
Contractor performing any such work or incurring any costs with respect to such changed work).
detail to allow Client (and any consultants) to fully evaluate the potential costs and potential impact on the project and
schedule.
executed Change Orders shall be billed according to the progress of the specified work and will not be paid in
advance.
Order or Change Order Request has first been made in compliance with the Contract Documents and approved by
Client and Contractor.

Every Change Order may include multiple changes covered by the same change order fee
Time and materials rates are as follows:

O All labor, field and administrative: $95.00 per carpentry man hour
O All material costs
O All service costs. In house Plumbing rate of $125.00 an hour, In house Electrician rate of $125.00 an hour
O All applicable engineering and jurisdictional fee’s that apply

Client and Contractor agree to the Change Order Contract which is incorporated in and made part of the Contract documents for the project

(As signed by the Client Representative) (Date Signed on Final Page) Steve Boender
Client Signature Date Print Name

(As signed by the Contractor Representative) (Date Signed on Final Page) Estimator: Garrett Rupp
Contractor Representative Signature Date Print Name
 each executed this Agreement, effective as of the date signed below. This packet represents the entire agreement
and supersedes all other conversations, notes, or claims.

This Proposal may be withdrawn by the Contractor if not accepted within 15 days.

CONTRACTOR:
Rupp Family Builders Inc.

[X Date:
(Contractor Representative)

CLIENT:
Steve Boender

[X Date:
(Client Representative)