These Terms and Conditions of Service (“Agreement”) govern all construction, remodeling, and related services provided by Best Construction Brands, Inc. (“Company”) to the client identified on the accompanying proposal or invoice (“Client”). By signing a proposal, authorizing work, or making any payment, Client agrees to be bound by this Agreement.

This Agreement applies to all service categories: Bathroom Remodels, Deck Builds, Concrete & Patio work, and Patio Cover & Pergola installations.

1. Scope of Services

The Company agrees to perform only the work explicitly described in the signed proposal or work order. Any verbal representations or prior communications not reflected in the written proposal are not binding on the Company.

1.1 Service Categories

Services provided under this Agreement may include, but are not limited to:

• Bathroom Remodels — shower conversions, tub replacements, vanity installation, tile work, plumbing fixture upgrades, and full bathroom renovations.
• Deck Builds — new deck construction, composite or wood decking, railings, stairs, multi-level designs, and deck resurfacing.
• Concrete & Patios — standard and stamped concrete, colored concrete, patio slabs, walkways, driveways, and concrete repair.
• Patio Covers & Pergolas — attached or freestanding pergolas, solid and lattice patio covers, and outdoor structure fabrication.

1.2 Excluded Work

Unless expressly stated in the written proposal, the following are excluded: utility relocation, hazardous material removal, landscaping restoration beyond the immediate work area, structural engineering, and any work requiring specialty licensed trades not listed in the proposal.

2. Payment & Deposit Terms

2.1 Deposit Requirement

A non-refundable deposit is required prior to scheduling any work and prior to ordering materials. The deposit is typically 30–50% of the total project cost, as specified in the signed proposal.

2.2 Payment Schedule

Unless otherwise specified in the proposal, payment is structured as follows:

• Deposit (30–50%): Due upon signing of the proposal and before scheduling.
• Progress Payment (25–35%): Due upon completion of rough-in work or a milestone defined in the proposal.
• Final Payment (balance): Due upon substantial completion of the project, prior to final walkthrough sign-off.

2.3 Accepted Payment Methods

The Company accepts cash, check, and major credit cards. A credit card processing fee of up to 3% may apply. Checks payable to Best Construction Brands, Inc.

2.4 Late Payments

Invoices unpaid beyond 10 days of the due date are subject to a late fee of 1.5% per month (18% annually). The Company reserves the right to suspend work on any project with an outstanding past-due balance.

3. Change Orders

3.1 Written Authorization Required

Any changes to the original scope of work, materials, timeline, or project specifications must be documented in a written Change Order signed by both parties before additional work begins. Verbal authorizations are not binding.

3.2 Pricing of Changes

Change Orders will be priced at the Company’s then-current labor and material rates. Additional costs resulting from unforeseen conditions (e.g., water damage behind walls, substandard existing structures) will be presented to the Client via Change Order prior to proceeding.

3.3 Impact on Timeline

Change Orders may affect the project timeline. The Company will provide a revised completion estimate at the time the Change Order is issued. The Company is not responsible for delays caused by Client-requested changes.

4. Warranty & Workmanship

4.1 Workmanship Warranty

The Company warrants that all work will be completed in a professional and workmanlike manner, consistent with industry standards for the Colorado Springs region. Warranty periods by service type:

*Materials warranties are provided by the respective manufacturer and subject to the manufacturer’s terms. The Company will assist in facilitating manufacturer warranty claims where applicable.

4.2 Warranty Exclusions

The workmanship warranty does not cover:

• Damage resulting from Client misuse, neglect, or failure to maintain the completed work.
• Damage caused by acts of nature, including extreme weather, flooding, hail, or seismic activity.
• Normal wear and tear, fading, or weathering of exterior materials.
• Work performed or modified by third parties after project completion.
• Pre-existing conditions not identified in the original scope of work.

4.3 Warranty Claims

Warranty claims must be submitted in writing within the applicable warranty period. The Company will inspect the claimed defect within a reasonable time and, if covered, will repair or replace the defective work at no charge to the Client.

5. Cancellation & Refund Policy

5.1 Cancellation Before Work Begins

If the Client cancels after signing the proposal but before work has commenced:

• The deposit is non-refundable, as it covers scheduling, design consultation, and materials procurement.
• If materials have been ordered, the Client is responsible for the full cost of those materials, including any restocking or cancellation fees.

5.2 Cancellation After Work Has Begun

If the Client cancels after work has commenced, the Client is responsible for:

• Payment for all work completed to date, billed at the Company’s standard labor rates.
• Full cost of all materials ordered, delivered, or installed.
• Any subcontractor fees or third-party costs incurred on behalf of the project.

The Company will provide a written accounting of all costs incurred within 10 business days of cancellation.

5.3 Company Cancellation

The Company reserves the right to cancel or suspend a project due to non-payment, unsafe site conditions, or failure by the Client to provide required access. In the event of Company-initiated cancellation without Client cause, prepaid amounts for work not yet performed will be refunded, less materials and costs already incurred.

5.4 Right of Rescission

In accordance with Colorado consumer protection law, residential Clients may have the right to rescind this Agreement within three (3) business days of signing if the transaction was solicited at the Client’s home. The required Notice of Right to Cancel form will be provided at the time of signing where applicable.

6. Permits & Inspections

The Company will obtain all required building permits for work performed within El Paso County and the City of Colorado Springs, unless otherwise agreed in writing. Permit fees will be included in the project proposal or billed as a pass-through cost. The Client agrees to provide reasonable access for required inspections. Delays caused by permitting agencies are outside the Company’s control.

7. Site Access & Client Responsibilities

The Client agrees to provide safe and unobstructed access to the project area during scheduled work hours. The Client is responsible for removing personal property and valuables from the work area prior to the start of work. The Client is also responsible for ensuring all HOA approvals and required third-party authorizations are obtained prior to the start of work.

8. Limitation of Liability

To the fullest extent permitted by applicable law, the Company’s total liability shall not exceed the total contract price paid by the Client for the specific project. In no event shall the Company be liable for indirect, incidental, consequential, or punitive damages. The Company is licensed and insured; proof of coverage is available upon request.

9. Dispute Resolution

In the event of a dispute, the parties agree to first attempt resolution through good-faith negotiation. If negotiation fails, the parties agree to mediation before pursuing litigation. Any legal action shall be brought in El Paso County, Colorado, and governed by the laws of the State of Colorado.

10. General Provisions

• Entire Agreement: This Agreement, together with the signed proposal, constitutes the entire agreement between the parties and supersedes all prior discussions and understandings.
• Severability: If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect.
• Amendments: This Agreement may only be amended in writing signed by both parties.
• Photography: The Company reserves the right to photograph completed work for portfolio and marketing purposes. Client information will not be disclosed without consent.
• Force Majeure: The Company is not responsible for delays caused by events beyond its reasonable control, including extreme weather, material shortages, or government actions.