LCE Contracting
Effective Date: January 1, 2025
1. ACCEPTANCE OF TERMS
By signing a contract, accepting a quote, or allowing LCE Contracting to commence work, the Client agrees to be bound by these Terms and Conditions. These terms apply to all services provided by LCE Contracting, including but not limited to concrete pouring, cement finishing, driveway installation, foundation work, and related concrete construction services.
2. SCOPE OF WORK
2.1 Project Specifications
All work performed will be in accordance with the written scope of work outlined in the project estimate or contract. Any changes or additions to the scope must be requested in writing and approved by LCE Contracting before work commences.
2.2 Additional Work
Changes to the original scope of work may result in additional charges. LCE Contracting will provide written notice of additional costs before proceeding with change orders.
3. ESTIMATES AND PRICING
3.1 Estimate Validity
Written estimates are valid for 30 days from the date of issue unless otherwise specified. Pricing may be subject to change after this period due to material cost fluctuations or other factors.
3.2 Final Pricing
The final invoice may differ from the estimate if unforeseen conditions arise, including but not limited to:
Hidden structural issues
Soil or ground conditions requiring additional preparation
Discovery of underground utilities or obstacles
Client-requested modifications to the scope of work
LCE Contracting will notify the Client of any significant price adjustments before proceeding.
4. PAYMENT TERMS
4.1 Deposit
A deposit of [insert percentage, typically 30-50%] of the total project cost is required before work begins. This deposit secures the project scheduling and covers initial material procurement.
4.2 Progress Payments
For larger projects, progress payments may be required at designated milestones as outlined in the contract.
4.3 Final Payment
Final payment is due upon project completion and Client approval, or within [insert number, typically 7-14] days of invoice date, whichever comes first.
4.4 Late Payments
Accounts not paid within [insert number] days of the invoice date will be subject to a late fee of [insert percentage, typically 1.5-2%] per month or the maximum rate permitted by law, whichever is less.
4.5 Accepted Payment Methods
LCE Contracting accepts payment by cash, check, credit card, or bank transfer. A convenience fee of [insert percentage]% may apply to credit card transactions.
5. CLIENT RESPONSIBILITIES
5.1 Site Preparation
The Client is responsible for:
Ensuring clear and safe access to the work site
Removing any obstacles, vehicles, or debris that may interfere with work
Securing pets during work hours
Obtaining any necessary permits (unless otherwise agreed in writing)
Marking or identifying underground utilities prior to excavation
5.2 Utility Location
The Client must contact local utility location services (such as 811/Miss Dig) at least 48-72 hours before work begins. LCE Contracting is not liable for damage to unmarked utilities.
5.3 Site Conditions
The Client warrants that all information provided regarding site conditions is accurate. Additional charges may apply if actual conditions differ from those represented.
6. SCHEDULING AND DELAYS
6.1 Project Timeline
LCE Contracting will make reasonable efforts to complete work within the estimated timeframe. However, completion dates are estimates and not guarantees unless specifically stated in writing as a firm deadline.
6.2 Delays Beyond Our Control
LCE Contracting is not liable for delays caused by:
Inclement weather (rain, extreme temperatures, frost)
Acts of God
Material shortages or supplier delays
Changes requested by the Client
Permit delays
Discovery of unforeseen site conditions
Labor shortages or equipment failure
6.3 Weather-Related Delays
Concrete work is highly weather-dependent. Projects may be postponed or rescheduled due to unsuitable conditions including rain, extreme heat, extreme cold, or high winds.
7. WARRANTIES AND GUARANTEES
7.1 Workmanship Warranty
LCE Contracting warrants that all work will be performed in a professional and workmanlike manner in accordance with industry standards. Any defects in workmanship reported within [insert timeframe, typically 1-2 years] of project completion will be repaired at no charge, provided the defect is not caused by factors outlined in Section 7.3.
7.2 Material Warranty
Materials are warranted according to the manufacturer's specifications. LCE Contracting will assist in processing any manufacturer warranty claims but is not responsible for material defects beyond our control.
7.3 Warranty Exclusions
The warranty does not cover:
Cosmetic issues such as minor surface cracks, color variations, or minor imperfections that do not affect structural integrity
Damage caused by improper use, maintenance, or alterations by the Client or third parties
Damage from freeze-thaw cycles, de-icing chemicals, or lack of proper maintenance
Normal wear and tear
Settling or movement of the structure or ground
Issues arising from Client-supplied materials or Client-directed modifications
Damage from landscaping, excavation, or construction activities by others
7.4 Concrete Characteristics
The Client acknowledges that:
Concrete will crack to some degree; control joints are placed to minimize visible cracking
Color variations and minor surface imperfections are inherent characteristics of concrete
The final appearance may vary from samples due to weather, curing conditions, and other factors
8. LIMITATION OF LIABILITY
8.1 Maximum Liability
LCE Contracting's total liability for any claim related to services provided shall not exceed the total amount paid by the Client for the specific project in question.
8.2 Consequential Damages
LCE Contracting shall not be liable for any indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, loss of use, or business interruption.
8.3 Property Damage
While LCE Contracting takes precautions to protect Client property, the Client acknowledges that concrete work may result in incidental impacts to surrounding areas. LCE Contracting will repair or compensate for any damage directly caused by our negligence but is not responsible for:
Pre-existing damage to structures or landscaping
Damage to underground utilities not properly marked
Cosmetic damage to adjacent areas that cannot be reasonably avoided (such as minor landscape disturbance)
9. PERMITS AND COMPLIANCE
9.1 Permit Responsibility
Unless otherwise specified in the contract, the Client is responsible for obtaining all necessary permits and ensuring compliance with local building codes and regulations.
9.2 Code Compliance
All work will be performed in accordance with applicable building codes. If local regulations require modifications to the Client's requested design, LCE Contracting will notify the Client and adjust the work accordingly.
10. CANCELLATION AND TERMINATION
10.1 Client Cancellation
If the Client cancels the project after signing the contract:
If cancelled before work begins: the deposit is forfeited to cover administrative costs and scheduling losses
If cancelled after work has commenced: the Client is responsible for payment of all work completed, materials purchased, and a cancellation fee of [insert percentage, typically 25%] of the remaining contract balance
10.2 Contractor Termination
LCE Contracting reserves the right to terminate the contract if:
The Client fails to make payments as agreed
Site conditions are unsafe or unsuitable for work
The Client interferes with or impedes the work
The Client breaches these Terms and Conditions
In such cases, the Client remains responsible for payment of all work completed and materials supplied.
11. DISPUTE RESOLUTION
11.1 Informal Resolution
In the event of any dispute, both parties agree to first attempt to resolve the matter through good-faith negotiation.
11.2 Mediation
If informal resolution fails, the parties agree to participate in mediation before pursuing litigation.
11.3 Governing Law
These Terms and Conditions shall be governed by the laws of the State of [Insert State]. Any legal action must be brought in the courts of [Insert County/State].
11.4 Attorney Fees
In any legal action to enforce these terms, the prevailing party shall be entitled to recover reasonable attorney fees and costs.
12. INSURANCE AND LICENSING
LCE Contracting maintains appropriate liability insurance and any required business licenses. Proof of insurance is available upon request.
13. SAFETY
LCE Contracting maintains a safe work environment and complies with all applicable safety regulations. The Client and any visitors to the work site assume all risk of injury and agree to stay clear of the work area and follow any safety instructions provided by LCE Contracting personnel.
14. PHOTOGRAPHS AND MARKETING
LCE Contracting reserves the right to photograph completed projects for promotional and marketing purposes unless the Client objects in writing prior to project commencement.
15. ENTIRE AGREEMENT
These Terms and Conditions, together with any written contract or estimate, constitute the entire agreement between the Client and LCE Contracting. No verbal agreements or representations are binding unless confirmed in writing.
16. MODIFICATIONS
These Terms and Conditions may only be modified by written agreement signed by both parties. LCE Contracting reserves the right to update these terms for future projects with reasonable notice.
17. SEVERABILITY
If any provision of these Terms and Conditions is found to be unenforceable, the remaining provisions shall remain in full force and effect.
18. ACKNOWLEDGMENT
By signing the contract or allowing work to commence, the Client acknowledges that they have read, understood, and agree to these Terms and Conditions.
LCE Contracting
Phone: (989) 326-4046
For questions or concerns regarding these Terms and Conditions, please contact us before signing any agreement.
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