Terms & Conditions
VICTORY CONSTRUCTION TERMS AND CONDITIONS
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These Terms and Conditions govern all services provided by Victory Construction ("Contractor") to the client ("Owner"). By signing a contract, quote, or work order, or by making payment, Owner agrees to these terms.
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1. Scope of Work The scope of work is defined in the written quote, proposal, or contract. Any changes must be approved in writing via a signed Change Order. Contractor is not responsible for work outside the agreed scope.
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2. Pricing and Payment a. Prices are valid for 30 days from quote date unless otherwise stated. b. Projects over $1,000 require up to 30 percent deposit to schedule work (non-refundable after materials are ordered or labor begins). c. Progress payments are due as outlined in the payment schedule. d. Final payment is due upon substantial completion or acceptance of work. e. Payments not received within 7 days of due date incur a 1.5 percent monthly late fee. f. Owner authorizes Contractor to file a mechanic’s lien for unpaid balances.
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3. Project Schedule Start and completion dates are estimates. Delays due to weather, material shortages, Owner changes, permitting, or force majeure are not breaches of contract. Contractor will notify Owner of significant delays.
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4. Change Orders Any modification to scope, materials, or schedule requires a written Change Order signed by both parties. Additional costs and time will be specified before work proceeds.
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5. Site Access and Conditions a. Owner must provide safe, unobstructed access to the work area. b. Utilities (water, electricity) must be available at no cost to Contractor. c. Owner is responsible for removing or protecting personal property. d. Contractor is not liable for damage to undisclosed underground utilities.
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6. Permits and Compliance Contractor will obtain necessary permits unless otherwise agreed. Owner is responsible for ensuring the project complies with HOA rules, zoning, or historic regulations.
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7. Materials a. Materials remain property of Contractor until paid in full. b. Owner-supplied materials are installed at Owner’s risk. c. Substitutions may be made for unavailable items of equal or better quality.
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8. Cleanup and Disposal Contractor will remove job-related debris daily and perform final cleanup. Owner is responsible for disposal of any pre-existing waste.
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9. Warranty See separate 2-Year Limited Warranty Disclaimer. All other warranties are expressly disclaimed.
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10. Limitation of Liability Contractor’s total liability shall not exceed the contract price. Contractor is not liable for consequential, incidental, or punitive damages.
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11. Insurance Contractor carries general liability and workers’ compensation insurance. Certificates available upon request. Owner should maintain property insurance.
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12. Termination a. Owner may terminate with 7 days written notice but remains liable for work performed, materials ordered, and 20 percent restocking/cancellation fee. b. Contractor may terminate for non-payment or unsafe conditions with 48 hours notice.
13. Dispute Resolution Any disputes will first attempt mediation. If unresolved, litigation will occur in the courts of the state where work was performed. Prevailing party recovers reasonable attorney fees.
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14. Entire Agreement This document, along with the quote/proposal and any Change Orders, constitutes the entire agreement. No verbal promises are binding.
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Victory Construction
Website: www.victory-construction.org
Email: sales@victorybusiness.org
Phone: 240-370-3922