1. How These Terms Apply#

The version and effective date shown at the top of this page identify the Terms in force. Every registration acceptance is recorded with the version accepted, the date and time of acceptance, and the registrant's identifying information. Superseded versions are archived and never overwritten, so any acceptance can be tied to the exact terms in force on the registration date.

These Terms are the terms of Bonin Industries LLC, CSLB License #1044981 ("Contractor"). They are the preliminary layer: they govern registration and dealings before and alongside a signed agreement. The executed agreement for a specific project or engagement governs that engagement and controls wherever it differs from these Terms.

2. Vendor & Subcontractor Terms#

Summary of the standing Subcontractor Agreement. The signed agreement and its Work Authorization Forms govern; this summary establishes what you accept at registration.

2.1 Master Agreement — How It Applies#

• The Subcontractor Agreement is a master agreement covering all projects. Each project is added by a Work Authorization Form that incorporates it by reference.
• A subcontractor is deemed to have accepted a Work Authorization by signing it, by Contractor's written acceptance of the sub's proposal, or by starting work at the project.
• The subcontractor's own proposal terms do not modify the Agreement; the Agreement controls over conflicting proposal terms.
• The Contract Documents (prime contract, plans, specs, RFIs, addenda) are incorporated; the subcontractor owes Contractor the same obligations Contractor owes the Owner.

2.2 Payment Terms#

• Payment for satisfactory work per the amounts in the Work Authorization.
• Pay-when-paid: payment within 10 days after Contractor is actually paid by Owner.
• 10% retention may be withheld on each estimate until final payment; payment is conditioned on lien waivers/releases and proof that all labor, material, and taxes are paid.
• Contractor may withhold up to 150% of any disputed amount.
• Public-works retention is released within 7 days of Contractor's receipt.
• Cross-default: breach of one contract may be treated as a breach of all.

2.3 Subcontractor Obligations#

• Read all plans and specifications before bidding; visit the site if needed.
• Comply with all federal, state, and local laws; indemnify Contractor for violations.
• Obtain and pay for all permits, licenses, and inspections made necessary by your work (unless the Work Authorization says otherwise).
• Daily rubbish and debris removal; submittals within 20 working days of the Work Authorization.
• Prevailing wage: on public-works/prevailing-wage projects, comply with California prevailing wage law; provide the Labor Code §1775(b)(4) affidavit as a condition of final payment; furnish certified payrolls on demand. The Agreement Price is full compensation.
• Sole liability for your own payroll taxes, Social Security, unemployment, and sales/use tax.
• Warranty: materials free of defects; work performed in a workmanlike manner; written warranty for no less than one (1) year after Notice of Completion (or Contractor's warranty period to Owner, whichever is longer); repair/replace at subcontractor's expense.
• Supply skilled labor, tools, and materials; pay workers weekly; provide two copies of certified payroll on request; keep a competent supervisor on site at all times.
• Comply with Contractor's safety program and hazardous-material notice obligations.

2.4 Performance & Delays#

• Time is of the essence — work promptly and continuously; complete per the schedule.
• No deviation from plans/specs except by written change order.
• Continue working during any dispute; the right to suspend or rescind is waived.
• Subcontractor bears its own delay damages; delay-claim notice to Contractor within 48 hours; the Agreement's delay remedies are the exclusive remedy for delay/disruption claims.

2.5 Indemnity#

• Subcontractor defends, indemnifies, and holds harmless Contractor, Owner, architect/engineer, and related parties for claims arising out of the Agreement or the subcontractor's work — to the greatest extent permitted by law, excluding an indemnitee's sole negligence or willful misconduct.
• Duty to accept tender and defend CGL claims arising from the subcontractor's work.
• Residential construction-defect claims are handled per Civil Code §895 et seq. / §2782(c)–(d); subcontractor must defend within 5 days of knowledge, subject to reallocation.

2.6 Insurance / COI Requirements#

Before starting any work, the subcontractor must carry and provide evidence of:

• Commercial General Liability: not less than $1,000,000 each occurrence, $1,000,000 personal injury, $2,000,000 products/completed-operations aggregate, $2,000,000 general aggregate; primary & non-contributory; ISO occurrence form CG 0001.
• Subcontracts over $1,000,000 → additional $5,000,000 Excess Liability.
• Contractor, its officers/directors/employees, and Owner named as additional insureds on CGL + Excess (specified ISO additional-insured endorsement forms, CG 2010 / CG 2037 series), as primary insurance, maintained 3 years after project completion.
• Waiver of subrogation in favor of Contractor.
• Workers' Compensation as required by law + Employer's Liability at $1,000,000 each accident / policy / employee.
• Automobile Liability (owned/hired/non-owned): $1,000,000 combined single limit; ISO form CA 0001.
• Carrier quality: California-admitted carrier, A.M. Best A− / financial size VII or better (State Fund acceptable for workers' comp).
• No claims-made or risk-retention-group GL without written consent; no wasting policies; 30 days' written notice of cancellation or reduction.
• Trade-specific coverage where applicable: Contractor's Pollution Liability ($1M/$2M) for hazmat work; Professional Liability for design/build; Rigger's Liability for hoisting; Builder's Risk / installation floater; railroad-proximity endorsement within 50 ft of rail.
• Equivalent insurance requirements must flow down to lower-tier subs and suppliers.

2.7 Liens & Bonds#

• Keep the project free of liens; remove any lien within 48 hours of notice and post security.
• On request, furnish performance + labor/material payment bonds; Contractor pays bond cost up to 2% of the Agreement amount.

2.8 Termination#

• For default: after a 48-hour cure notice, Contractor may complete the work, withhold payment, and take possession of materials; subcontractor is liable for completion cost + 15% overhead.
• For convenience: subcontractor is paid actual direct costs + 5% overhead + 5% profit, capped at percent completion; no lost profits or consequential damages.
• Attorney's fees: if Contractor employs an attorney to enforce, subcontractor and its surety pay Contractor's reasonable attorney's fees.

2.9 Safety, Claims & Dispute Resolution#

• Safety: subcontractor maintains its own safety program and safety manager, interoperates with Contractor's program, and indemnifies for OSHA penalties.
• Claims: written notice of any claim for added compensation within 10 days of the disputed work, or the claim is waived.
• Dispute resolution: mediation first, then binding arbitration under AAA Construction Industry Rules; three-arbitrator panel if the claim exceeds $400,000; construction-industry-experienced arbitrators only. Construction-defect / warranty disputes may go to LA County Superior Court at Contractor's discretion.
• Governing law: State of California. No assignment without consent; certified-mail notices; independent-contractor relationship; cumulative remedies; severability; entire agreement.
• Comply with any applicable collective bargaining agreement / Project Labor Agreement, including reserve-gate provisions.

2.10 CSLB Statutory Notice (Bus. & Prof. Code §7030)#

Contractors are required by law to be licensed and regulated by the Contractors' State License Board, which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826.

3. Customer Terms#

Summary of the standing Owner–Contractor Construction Agreement. Customers moving forward with a project sign the actual construction contract at that time; these standing terms govern registration and preliminary dealings, and your signed contract — with its Scope of Work and Cost of Work exhibits — governs the engagement and controls where it differs.

3.1 The Agreement Structure#

• Each customer signs a Contract Between Owner and Contractor with Exhibit A (Scope of Work) and Exhibit B (Cost of Work), tied to a specific proposal number.
• Contractor supplies all labor, materials, equipment, and supervision.
• A Substantial Completion target is stated in days from mobilization in your contract.

3.2 Payments — Progress Billing#

• Projects are billed on a progress-billing basis: a good-faith deposit is due at execution and is deposited before any work begins; a mobilization payment is due the day of mobilization; the work is then progress-billed as it is performed.
• Applications for Payment may be submitted up to twice per month; Owner pays undisputed amounts within 5 working days.
• Contractor may stop work if payment is late; the completion date extends by the delay.
• Work passes to Owner free of liens on payment; Contractor obtains lien waivers from subs and suppliers.
• Punch-list retention: 150% of the total punch-list value may be held until the punch list is complete.
• Late charge: 18% per year (1.5% per month) on unpaid amounts.

3.3 Warranty#

• One-year written-notice warranty from Substantial Completion; Contractor corrects defects. The warranty obligation ends 2 years after Substantial Completion.
• Excludes abuse or neglect, earthquake, fire, settlement, land slippage, and acts of God.
• Manufacturer, supplier, and subcontractor warranties are assigned to Owner.

3.4 Permits, Changes & Delays#

• Unless stated otherwise, Owner pays for permits, licenses, and easements.
• Changes only by written change order, with an equitable price/time adjustment.
• Liquidated damages of $30/day past substantial completion for contractor-caused delay.
• Differing site conditions / hazardous materials (e.g., asbestos, PCBs) are treated as a differing site condition; Owner is responsible; equitable adjustment applies.

3.5 Dispute Resolution#

• Binding arbitration under AAA Construction Industry Rules; the arbitrator must be a licensed general contractor with 10+ years' experience.
• Your contract contains the California statutory "ARBITRATION OF DISPUTES" initialing notice (waiver of jury trial).
• Governing law: California.

3.6 California Statutory Notices#

• CSLB license notice — contractors must be licensed for jobs of $500 or more; verify any license at cslb.ca.gov or 1-800-321-CSLB.
• Mechanics Lien Law notice — your contract contains the full statutory warning about lien rights, preliminary notices, waiver/release forms, and joint checks.
• Notice of Right to Cancel — you may cancel within three (3) business days of signing without penalty; cancellation is mailed or delivered to Bonin Industries LLC, 4611 Coolidge Ave, Culver City, CA 90230.

3.7 Privacy, Data Sharing & Electronic 1099 Consent#

Registration information may be shared with our affiliates, subsidiaries, and strategic ventures for business, tax, and compliance purposes. Vendor registrants consent to electronic delivery of IRS Form 1099 at the email provided.

4. Acceptance of These Terms#

Vendors, subcontractors, and customers accept these Terms by checking the acceptance box on the registration form and submitting it. Each acceptance is recorded with the Terms version in force, the date and time of acceptance (server-recorded), and the registrant's identifying information. These standing terms apply to registration and preliminary dealings; the executed agreement for a specific engagement governs that engagement. Continuing to do business with Bonin Industries LLC after an updated version becomes effective constitutes acceptance of the updated Terms.

5. Contact#

Bonin Industries LLC
4611 Coolidge Ave, Culver City, CA 90230
(310) 350-0594 · andrew@boninindustries.com
CSLB License #1044981