These Terms are part of, and incorporated into, every estimate, proposal, work order, and invoice issued by Contractor (collectively, the “Agreement”). By signing an Estimate/Invoice, paying a deposit, scheduling work, providing site access, or accepting services/materials, Client agrees to these Terms.
1.1 Scope. Work is limited to the tasks, quantities, and materials described in the Estimate (“Scope”). Anything not expressly listed is excluded.
1.2 Visual/Non-destructive Assumptions. Pricing assumes normal/accessible conditions and information available by visual inspection only.
1.3 Change Orders. Client-requested additions or conditions discovered after work begins (e.g., rot, code defects, hidden wiring/plumbing, structural issues, hazardous materials) require a written change order with adjusted price/time. Contractor has no obligation to proceed without an approved change order.
1.4 Plan/Spec Conflicts. If Client’s drawings/specs conflict with code or manufacturer instructions, Contractor will pause and seek direction; additional time/materials are billed as a change.
2.1 Type. Unless explicitly stated as “fixed price,” all pricing is an estimate based on current information. Actual invoice reflects labor, materials, and changes.
2.2 Material Escalation. If material costs increase ≥ 7% between estimate and purchase, Contractor may adjust price or offer alternatives.
2.3 Minimums & Mobilization. A [2-hour] minimum and standard trip/mobilization charge may apply.
2.4 Sales/Use Tax. Client is responsible for applicable taxes and permit/inspection fees unless the Estimate states otherwise.
3.1 Access. Client will provide safe, continuous access to the work area, utilities (power/water), bathrooms, and staging space.
3.2 Protection. Contractor takes reasonable care but is not liable for dust migration or incidental scuffs where reasonable protection is used. Client will remove/cover valuables, electronics, and fragile items.
3.3 Delays Outside Control. Weather, supply chain, illness, permit/inspection delays, discovery of hidden defects, HOA/landlord restrictions, or Client unavailability may extend timelines without penalty.
3.4 Pets & Children. Client will keep pets/children clear of work areas.
4.1 Utilities/Permits. Unless stated otherwise, Client authorizes Contractor to obtain required permits at Client’s expense and to use site utilities at no cost.
4.2 Approvals. Client is responsible for HOA/architectural approvals, property lines, and zoning constraints.
4.3 Existing Conditions. Contractor is not responsible for pre-existing code violations, latent defects, or consequential repairs they cause when brought to code or made visible in the normal course of work.
5.1 Lead/Asbestos/Mold. Unless the Scope specifically includes abatement, Contractor does not test for or remediate hazardous materials. If suspected or discovered, work pauses; Client must arrange proper testing/abatement. Additional time/costs apply.
5.2 Stop-Work Right. Contractor may stop work where conditions are unsafe or unlawful and bill for time/materials incurred to date.
6.1 Standard of Quality. Materials will meet or exceed typical residential grade unless otherwise specified.
6.2 Substitutions. Due to availability, Contractor may substitute equal or better materials after notifying Client.
6.3 Owner-Furnished Materials (OFM). If Client supplies materials, Contractor is not responsible for quantity, quality, delays, defects, or warranty. Extra labor due to OFM issues is billable.
7.1 Deposit. A [30–50%] deposit may be required before ordering materials or scheduling. Deposits are applied to the final invoice.
7.2 Progress Billing. Contractor may invoice weekly or at milestones for work performed and materials delivered.
7.3 Due Date. All invoices are due upon receipt unless otherwise stated.
7.4 Late Fees. Balances unpaid after 10 days accrue a late fee of 1.5% per month (18% APR) or the maximum allowed by law, plus $35 administrative charge per month.
7.5 NSF/Chargebacks. Returned/declined payments incur $40 or the legal maximum. Unauthorized chargebacks are a breach; Client remains liable for the full balance plus costs of collection.
7.6 Right to Suspend. Contractor may suspend work for nonpayment; demobilization/remobilization is billable.
7.7 Collections & Fees. Client agrees to pay reasonable attorney fees, court costs, collections fees, and lien-enforcement expenses for any unpaid balance.
To secure payment for labor and materials, Contractor may file a mechanic’s lien against the Project Site if payment is not made. Client’s mortgage lender and title company may be notified as permitted by law.
9.1 Labor Warranty. Contractor warrants its workmanship to be free from defects for 12 months from substantial completion.
9.2 Manufacturer Warranties. Pass through to Client; Contractor is not the manufacturer and is not liable for manufacturer defects.
9.3 Exclusions. Normal wear, neglect, abuse, misuse, alterations by others, lack of maintenance, moisture intrusion, acts of God, and OFM are excluded.
9.4 Remedy. Contractor’s sole obligation is to repair or replace defective work it performed. No cash refunds for warranty claims.
9.5 Notice & Access. Client must give written notice of a claimed defect and reasonable access to inspect/repair.
Work will meet applicable building codes for the Scope performed at the time of installation. Contractor is not responsible for upgrading areas outside the Scope. Failed inspections due to pre-existing conditions or Client changes are billable.
Contractor may photograph or video work progress and results for records, training, and marketing, without revealing Client’s address or identity. Client may opt out by written notice before work begins.
12.1 Client Property. Client maintains property insurance. Contractor maintains general liability and (if applicable) workers’ compensation; certificates available upon request.
12.2 Limitation of Liability. To the fullest extent permitted by law, Contractor’s total liability under this Agreement is limited to the amount actually paid by Client for the specific portion of work giving rise to the claim. No special, incidental, indirect, punitive, or consequential damages.
12.3 Indemnity. Client will defend and indemnify Contractor from claims arising out of (a) Client-provided materials, (b) unsafe site conditions under Client’s control, or (c) Client’s breach of this Agreement.
Contractor may engage licensed/qualified subcontractors. Contractor remains responsible for their coordination and payment.
Contractor will remove construction debris it generates and broom-clean work areas. Disposal fees for unusually heavy or hazardous waste are extra.
15.1 Client Cancellation Before Start. If Client cancels within 3 business days after signing and before special-order materials are purchased, deposit is refundable minus any documented costs. After materials are ordered or work scheduled, deposit is partially refundable (materials/restocking, admin time, and scheduling losses deducted).
15.2 Rescheduling. Less than 48 hours notice may incur a 1-hour reschedule fee.
15.3 Contractor Cancellation. Contractor may cancel for safety, legal, supply, or nonpayment reasons; Client will be refunded for unearned amounts.
Neither party is liable for delays/failures due to events beyond reasonable control (e.g., extreme weather, acts of God, epidemic, strikes, supply disruptions, government action). Time for performance is extended accordingly.
17.1 Good-Faith Resolution. The parties will first try to resolve disputes in good faith within 15 days of written notice.
17.2 Mediation. Unresolved disputes go to non-binding mediation in Frederick Co, VA with a mutually agreed mediator; costs split equally.
17.3 Arbitration/Small Claims. If still unresolved, either party may file in Virginia small-claims court (if eligible) or pursue binding arbitration before a single arbitrator under AAA Consumer Rules in Frederick Co, VA. Each party pays its own attorney fees except as provided in Section 7.7.
17.4 Governing Law. This Agreement is governed by Virginia law without regard to conflicts principles.
Client consents to receive documents and notices electronically (email/text). Electronic signatures and approvals (including clicking “approve,” replying “approved,” paying a deposit, or giving site access) are valid and binding.
Contractor collects Client data only as needed to perform the work, process payments, and comply with law. Contractor does not sell Client data.
Client may not assign this Agreement without Contractor’s written consent. Contractor may assign receivables for financing/collections.
If any term is unenforceable, the remainder remains effective. This Agreement (Estimate/Invoice + these Terms + approved Change Orders) is the entire agreement and supersedes prior discussions. Provisions on payment, warranties, risk allocation, lien rights, and dispute resolution survive completion.
BY SIGNING/APPROVING THE ESTIMATE OR PAYING ANY INVOICE, CLIENT ACKNOWLEDGES AND AGREES TO THESE TERMS.