Legal

Standard Construction Terms

Please review the terms that apply to all Backyard Oasis estimates, proposals, and construction work.

Backyard Oasis

Standard Construction Terms & Conditions

•These Terms and Conditions apply to all estimates, proposals, invoices, agreements, and construction work performed by Backyard Oasis unless otherwise specified in writing.
•These terms shall be considered accepted and binding through any of the following actions: verbal agreement, written agreement, electronic correspondence (email, text, digital signature), approval of an estimate or proposal, or payment of a deposit or any project-related payment.

•For projects under $50,000, a 50% deposit is required prior to scheduling or ordering materials.
•For projects over $50,000, payments may be broken into progress draws determined by the Contractor based on project milestones.
•Final payment is due prior to final inspections and prior to punch list completion. No exceptions.
•Late or unpaid balances may result in work stoppage, late fees, interest charges, filing of mechanic's liens, and legal action. All associated legal and collection costs will be the responsibility of the Owner.

•The Owner must maintain an ongoing punch list during construction.
•The final punch list must be submitted at the time of final payment and prior to final inspections.
•Items not listed before final payment may be considered outside the original scope and billed separately.

•The Contractor is not responsible for damage or losses caused by Acts of God including hurricanes, tornadoes, lightning, hail, flooding, snow, ice, extreme wind, or other natural disasters.
•Any damage occurring during construction from these events is the responsibility of the Owner regardless of inspection status.

•The Contractor is not responsible for materials, tools, equipment, or property stolen or damaged on the job site.
•Any stolen materials must be replaced at the Owner's expense.

•Materials selected by the Owner including tile, windows, doors, fixtures, finishes, and colors are considered Owner expenses unless specifically stated otherwise in writing.
•Items listed as TBD, Owner Choice, or Allowance are assumed to be Owner expenses.

•Natural materials such as stone, travertine, marble, granite, wood, tile, brick, and pavers may vary in color, pattern, shading, and texture.
•These variations are normal and expected.
•The Contractor shall not be responsible for aesthetic differences in natural materials.
•If the Owner chooses to remove or replace materials due to color or pattern preferences, all associated costs including labor and materials will be the Owner's responsibility.

•Any delays caused by the Owner exceeding seven (7) calendar days may result in additional charges.
•This includes material price increases, labor rescheduling, remobilization fees, and administrative costs.

•If the Owner requests additional work or materials during construction, the Contractor will attempt to accommodate the request when possible.
•If the request changes the timeline or requires additional labor or materials, the cost will be added to the final invoice.
•If the request cannot be accommodated due to scheduling or labor constraints, the Contractor shall not be held liable.

•Any project timeline provided is an estimate only.
•Delays may occur due to weather, material shortages, inspections, equipment issues, labor availability, or emergencies.
•The Owner agrees not to schedule events based on estimated completion dates.

•Permits, approvals, inspections, engineering, surveys, and government requirements are outside the Contractor's control.
•If inspectors or building officials require additional work not included in the original scope, those costs will be added to the project.

•Contractors, subcontractors, inspectors, engineers, and delivery personnel may access the property when necessary for project progress.
•They may arrive with or without prior notice.
•The Owner agrees not to hold these parties liable for normal construction site access.

•The Owner agrees not to interfere with the Contractor's management of subcontractors or construction operations.
•All concerns must be directed to the Contractor.
•Harassment, threats, interference, or abusive behavior toward subcontractors may result in immediate termination of the contract and forfeiture of the deposit.

•Construction sites are hazardous areas.
•The Owner is responsible for ensuring children, pets, and guests remain clear of the work area.
•The Contractor is not responsible for injuries caused by unauthorized entry into the work area.

•The Contractor is not responsible for hidden conditions such as underground utilities, soil instability, drainage issues, or structural conditions that were not visible prior to construction.

•If a project is specifically described as including all labor and materials, additional charges will not apply unless work is added outside the original scope.

•If payments are not made according to the agreed schedule, the Contractor reserves the right to stop work immediately until payments are current.

Contractor: Backyard Oasis — SC RBB: RBB415333

Owner Signature:

Date: