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Terms of Service

Last Updated: November 10, 2024

1. Introduction and Acceptance

Welcome to Ground Up Construction. These Terms of Service ("Terms") govern your access to and use of our website groundupcarolinas.com and the construction and remodeling services we provide.

By accessing or using our website, requesting a quote, or engaging our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access our website or use our services.

These Terms constitute a legally binding agreement between you ("Client," "you," or "your") and Ground Up Construction ("Company," "we," "us," or "our").

2. Services Description

Ground Up Construction provides professional construction and remodeling services, including but not limited to:

  • Custom home building and new construction
  • Kitchen and bathroom remodeling
  • Home additions and extensions
  • Interior and exterior renovations
  • Commercial construction projects
  • Project consultation and planning
  • Design and architectural coordination

Specific services, scope of work, timelines, and pricing will be detailed in individual project contracts or agreements executed between the Company and the Client.

3. Project Contracts and Agreements

3.1 Written Agreements

All construction projects will be governed by a written contract that includes detailed specifications, timelines, payment terms, and project deliverables. The contract will supplement and work in conjunction with these Terms of Service.

3.2 Quotes and Estimates

Quotes and estimates provided by the Company are valid for 30 days from the date of issue unless otherwise specified. Estimates are subject to change based on:

  • Changes in material costs
  • Scope modifications requested by the Client
  • Unforeseen site conditions discovered during work
  • Changes in applicable building codes or permit requirements

3.3 Change Orders

Any changes to the agreed-upon scope of work must be documented in a written change order signed by both parties. Additional costs or timeline adjustments resulting from change orders will be communicated and approved before work proceeds.

4. Payment Terms

4.1 Payment Schedule

Payment terms will be specified in individual project contracts. Typical payment structures include:

  • Initial deposit upon contract signing
  • Progress payments tied to project milestones
  • Final payment upon project completion and Client approval

4.2 Late Payments

Payments not received within the agreed-upon timeframe may result in work stoppage until payment is received. Late payments may be subject to interest charges as permitted by law.

4.3 Disputed Charges

If you dispute any charges, you must notify us in writing within 10 business days of receiving the invoice. We will work with you in good faith to resolve any billing disputes.

5. Client Responsibilities

As the Client, you agree to:

  • Provide accurate and complete information about your project requirements
  • Ensure clear access to the work site during business hours
  • Secure necessary property permissions and HOA approvals if applicable
  • Make timely decisions on selections and design choices to avoid project delays
  • Maintain clear communication and respond to inquiries within reasonable timeframes
  • Make payments according to the agreed-upon schedule
  • Notify us immediately of any concerns or issues during the project
  • Ensure the work area is clear of personal belongings and valuables

6. Company Responsibilities

Ground Up Construction agrees to:

  • Perform all work in a professional and workmanlike manner
  • Comply with all applicable building codes and regulations
  • Obtain necessary permits and licenses for the project
  • Use quality materials as specified in the project contract
  • Maintain appropriate insurance coverage
  • Keep the Client informed of project progress
  • Address any issues or concerns raised by the Client promptly
  • Complete the project within the agreed-upon timeframe, subject to reasonable delays

7. Permits and Compliance

The Company will obtain all necessary building permits required for the project unless otherwise specified in the contract. The Client is responsible for providing access to property information needed for permit applications. Both parties agree to comply with all applicable local, state, and federal regulations governing construction activities.

8. Project Delays and Force Majeure

The Company will make reasonable efforts to complete projects within the agreed-upon timeframe. However, delays may occur due to:

  • Adverse weather conditions
  • Material supply chain disruptions
  • Unforeseen site conditions (hidden structural issues, etc.)
  • Permit delays or inspection requirements
  • Client-requested changes or delays in decision-making
  • Force majeure events (natural disasters, pandemics, government actions, etc.)

The Company will not be held liable for delays caused by circumstances beyond its reasonable control. Timeline adjustments resulting from such delays will be communicated to the Client as soon as possible.

9. Warranties

9.1 Workmanship Warranty

The Company warrants that all work will be performed in a professional and workmanlike manner according to industry standards. Specific warranty periods for workmanship will be detailed in individual project contracts.

9.2 Material Warranties

Materials used in construction are covered by manufacturer warranties. The Company will assist in facilitating warranty claims but is not responsible for manufacturer defects or warranty limitations.

9.3 Warranty Exclusions

Warranties do not cover:

  • Normal wear and tear
  • Damage caused by misuse or neglect
  • Modifications made by parties other than the Company
  • Damage from accidents, natural disasters, or acts of God
  • Issues resulting from Client-supplied materials or design

10. Limitation of Liability

To the maximum extent permitted by law:

  • The Company's total liability for any claim arising from services provided shall not exceed the total amount paid by the Client for the specific project
  • The Company shall not be liable for indirect, incidental, consequential, or punitive damages
  • The Company is not liable for delays in project completion due to circumstances beyond its reasonable control
  • The Company maintains insurance coverage as required by law and industry standards

11. Intellectual Property

All content on the Ground Up Construction website, including text, graphics, logos, images, and software, is the property of the Company or its licensors and is protected by copyright and intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our express written permission. Project designs and plans created by the Company remain our intellectual property unless otherwise specified in the contract.

12. Photography and Marketing

Unless you opt out in writing, you grant the Company permission to photograph completed projects and use such images for marketing purposes, including on our website, social media, and promotional materials. We will respect your privacy and will not include identifying information about your property without your additional consent.

13. Termination

13.1 Termination by Client

You may terminate a project contract by providing written notice. You will be responsible for payment of all work completed, materials ordered, and reasonable costs incurred up to the termination date.

13.2 Termination by Company

We reserve the right to terminate a contract if:

  • The Client fails to make payments according to the agreed schedule
  • The Client materially breaches the contract terms
  • Site conditions make it unsafe or impossible to continue work
  • Required permits cannot be obtained

14. Dispute Resolution

14.1 Good Faith Negotiations

In the event of any dispute arising from these Terms or any project contract, both parties agree to first attempt to resolve the matter through good faith negotiations.

14.2 Mediation

If negotiations fail to resolve the dispute within 30 days, both parties agree to participate in mediation before pursuing litigation.

14.3 Arbitration

Any disputes that cannot be resolved through mediation may be subject to binding arbitration as specified in individual project contracts.

15. Insurance and Indemnification

The Company maintains general liability insurance and workers' compensation insurance as required by law. Each party agrees to indemnify and hold harmless the other party from claims arising from their own negligence or willful misconduct.

16. Safety

Construction sites can be dangerous. For your safety:

  • Stay clear of active work areas unless accompanied by Company personnel
  • Keep children and pets away from the work site
  • Do not operate any equipment or tools without authorization
  • Report any safety hazards to the Company immediately

The Company maintains safety protocols and will take reasonable measures to secure the work site.

17. Website Use and Prohibited Activities

When using our website, you agree not to:

  • Use the website for any unlawful purpose
  • Attempt to gain unauthorized access to any portion of the website
  • Interfere with or disrupt the website or servers
  • Transmit viruses, malware, or other harmful code
  • Collect user information without consent
  • Impersonate any person or entity
  • Post false, misleading, or defamatory content

18. Privacy

Your use of our website and services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

19. Governing Law

These Terms and any project contracts shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in North Carolina.

20. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

21. Entire Agreement

These Terms, together with any project contracts and our Privacy Policy, constitute the entire agreement between you and Ground Up Construction regarding the use of our website and services, superseding any prior agreements or understandings.

22. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website with an updated "Last Updated" date. Your continued use of our website or services after such changes constitutes acceptance of the modified Terms. We encourage you to review these Terms periodically.

23. Contact Information

If you have questions, concerns, or requests regarding these Terms of Service, please contact us:

Ground Up Construction

Email: [email protected]

Email: [email protected]

Email: [email protected]

Phone: (704) 806-7895

Location: Charlotte, NC

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By using our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.