Terms of Service

Masonry Contractors of Fayetteville ("Company," "we," "us," or "our") agrees to provide masonry services including but not limited to brickwork, block construction, stonework, retaining walls, chimneys, repairs, and related work as specified in a written proposal or contract ("Services").

By accepting our estimate or signing a contract, you ("Client," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these terms. The Client is responsible for ensuring that all individuals on the property have reviewed and agreed to these terms.

All Services are provided in accordance with applicable North Carolina building codes, local ordinances, and industry standards. The Company reserves the right to modify the scope of work if site conditions, structural issues, or other unforeseen circumstances require changes. Any modifications will be communicated to the Client in writing, and a revised estimate will be provided before proceeding.

The Company will provide a realistic timeline for project completion during the estimate phase. Timelines are estimates and are subject to:

• Weather conditions (rain, freezing temperatures, extreme heat)
• Unforeseen site conditions or structural issues
• Material availability and delivery delays
• Coordination with other contractors or inspections
• Changes to the scope of work requested by the Client

The Company will communicate proactively if delays are anticipated. Extensions to the timeline will not constitute a breach of contract and will not entitle the Client to compensation or project cancellation unless expressly agreed to in writing.

The Client is responsible for providing access to the property, clearing the work area of personal items, and ensuring the safety of family members and pets during work hours. The Company is not responsible for damage to personal property left in the work area.

The Company maintains liability insurance and workers' compensation coverage as required by North Carolina law. The Client may request proof of insurance before work begins.

The Company is not responsible for:

• Damage to existing structures, utilities, or landscaping not directly caused by the Company's negligence
• Damage to personal property, vehicles, or belongings left in the work area
• Injuries to individuals who enter the work area without authorization
• Consequential or indirect damages, including loss of use, lost profits, or business interruption
• Costs associated with permits, inspections, or code compliance that are the Client's responsibility

The Client is responsible for maintaining homeowner's insurance and notifying their insurance provider of any work being performed. The Client agrees to indemnify and hold harmless the Company from any claims arising from the Client's misuse or misrepresentation of the work performed.

The Client is responsible for:

• Providing safe, clear access to the work area
• Ensuring the property is free of hazardous materials or conditions
• Informing the Company of any known underground utilities, septic systems, or other hazards
• Securing pets and keeping family members away from the work area during active work
• Providing adequate parking for the Company's vehicles and equipment

The Company will maintain a clean and safe work environment, remove debris daily, and follow OSHA guidelines for worker safety. However, the Client assumes responsibility for any accidents or injuries that occur due to the Client's failure to provide safe site conditions or access.

Any changes to the scope of work, materials, or timeline must be requested in writing and approved by the Company before work begins. A change order will be issued outlining the additional costs, labor, and any adjustments to the timeline. Work will not proceed on changes until the change order is signed by both parties and any required payment is received.

Changes discovered during the project, such as structural issues or unexpected conditions, will be communicated to the Client immediately with a revised estimate before proceeding.

The Client may cancel a project before work begins by providing written notice. If a deposit has been paid, the Company will retain the deposit to cover administrative costs and lost scheduling opportunities. If work has already commenced, the Client is responsible for payment for all work completed, materials purchased, and equipment rental costs incurred.

The Company may terminate the agreement if:

• The Client fails to make payment as scheduled
• The Client fails to provide safe site access or conditions
• The Client violates these terms or acts in bad faith
• Site conditions make the work unsafe or impossible to complete

Upon termination by the Company, the Client is responsible for payment for all work completed to date, materials purchased, and any additional costs incurred.

The Client is responsible for obtaining all required building permits and scheduling inspections as mandated by local authorities. The Company will provide guidance on permit requirements and will cooperate with inspectors. Permit and inspection fees are the Client's responsibility unless otherwise specified in the contract.

The Company will ensure all work complies with applicable building codes and will make reasonable efforts to pass inspections on the first visit. If work fails inspection due to the Company's error, the Company will correct the deficiency at no additional cost. If work fails inspection due to permit or code requirements not communicated to the Company, the Client is responsible for correction costs.

The Company retains the right to photograph completed projects for marketing, portfolio, and educational purposes. The Client may request that photographs not be used in public marketing materials. The Company retains ownership of all designs, plans, and specifications created during the project unless otherwise agreed in writing.

Both parties agree to maintain the confidentiality of sensitive information shared during the project, including pricing, proprietary techniques, and personal information. This obligation does not apply to information that is publicly available or required to be disclosed by law.

In no event shall the Company's total liability for any claim arising from these terms or the Services exceed the total amount paid by the Client for the project. The Company is not liable for indirect, incidental, consequential, or punitive damages, including lost profits, loss of use, or business interruption, even if advised of the possibility of such damages.

These terms are governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles. Any legal action or proceeding arising under these terms shall be brought exclusively in the courts located in Cumberland County, North Carolina.

These terms, together with any written proposal, contract, or change order, constitute the entire agreement between the Client and the Company regarding the Services. Any prior negotiations, representations, or agreements are superseded by these terms. No modification of these terms is valid unless made in writing and signed by both parties.

If any provision of these terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it valid, or if that is not possible, the provision will be severed. The remaining provisions will continue in full force and effect.

For any questions regarding these terms, legal concerns, or to provide notice of a dispute, please contact: