Terms & Conditions
1. Parties
These Terms & Conditions (“Terms”) constitute a legal agreement between you (the “Client” or “you”) and Cost Plus Construction (“we,” “us,” “our,” “Cost Plus”). By engaging us for services, or accepting a proposal, you agree to be bound by these Terms.
2. Scope of Services
We shall provide construction, reconstruction, remodeling, repair, restoration or associated services (the “Work”) as described in our written proposal or contract. The proposal/contract together with these Terms constitute the entire agreement unless otherwise amended in writing.
3. Proposal, Contract and Change Orders
a) Our proposal outlines the Work, site conditions, schedule, cost estimate, exclusions, assumptions, and payment terms.
b) A written contract will be executed prior to commencement.
c) Any change in scope, specifications, materials, schedule, or cost must be documented in a written change order signed by both parties. Without such written authorization, additional work or cost will not be binding.
4. Schedule & Time
Time is of the essence. We will use reasonable efforts to meet the schedule set forth in our proposal or contract. However, delays due to weather, permitting, supply-chain issues, labor shortages, or other unforeseen circumstances shall not be deemed our fault. We will notify you of anticipated delays and propose adjustments to schedule and cost as applicable.
5. Payment Terms
a) You shall pay according to the schedule stated in our contract (e.g., deposit, progress payments, final payment).
b) Unless otherwise specified, progress billing will apply for larger jobs.
c) Final payment is due upon substantial completion of the Work (after punch-list items).
d) Late payments may accrue interest at the maximum legal rate or as specified in the contract.
6. Materials, Warranty & Workmanship
We warrant that all labor, materials, and equipment furnished will be of good quality and free from defects (unless noted otherwise) and installed in a workmanlike manner. Any manufacturer’s warranties apply in addition to this. Our warranty period is 1month from completion, unless otherwise stated in the contract.
7. Licenses, Permits & Regulations
We shall comply with all applicable building codes, safety regulations including OSHA, and obtain (or assist you to obtain) required permits unless otherwise agreed. You agree to cooperate in providing access, approvals, inspections, and timely decision-making.
8. Site Conditions & Access
You warrant that the jobsite is accessible, safe, and has known conditions disclosed. We are not responsible for latent or hidden conditions unless we have agreed in writing to assume that risk. Any required structural modifications, remediation or additional costs required by hidden conditions shall be addressed via change order.
9. Indemnification & Liability
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless Cost Plus Construction, its officers, agents, employees and subcontractors from and against any claims, damages, losses or expenses (including attorneys’ fees) arising out of your actions, site conditions, or your failure to perform your obligations. Similarly, our liability for any claim arising out of our Work shall be limited to direct damages and in no event shall we be liable for consequential, incidental or punitive damages.
10. Insurance
We maintain appropriate general liability and worker’s compensation insurance. You may request proof of insurance prior to commencement.
11. Termination
Either party may terminate the contract in writing if the other party materially breaches its obligations and fails to cure within [insert number] days after written notice. Upon termination you shall pay for the Work performed to date, materials ordered, and any reasonable demobilization costs.
12. Dispute Resolution
Any dispute arising under or related to the contract or these Terms shall be resolved in TX USA, unless otherwise agreed. The prevailing party shall be entitled to recover its attorneys’ fees and costs.
13. Governing Law
These Terms and any contract will be governed by the laws of the State of Texas without regard to its conflict of laws rules.
14. Entire Agreement & Amendments
These Terms, together with the contract and any change orders, form the entire agreement between you and us regarding the Work. Any amendment must be in writing and signed by both parties.
15. Severability
If any provision of these Terms is held invalid or unenforceable, the remainder of the Terms shall remain in full force and effect.
16. Waiver
No waiver of any right under these Terms shall be valid unless in writing signed by the party waiving the right. A failure to enforce any provision does not constitute a waiver of future rights.
17. Contact Information
For any questions about these Terms, you may contact us at:
Cost Plus Construction
Phone: (713) 530-1610
Email: Support@CostPlus.net
Website: https://costplus.net/