Terms & Conditions
Terms and Conditions
The following Terms and Conditions ('T&C') govern the use of the website www.smithsconstructionandcontracting.com and the services provided by Smith’s Construction and Contracting. By accessing this website or engaging our services, you agree to these T&C. Please review them carefully.
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1. General Information
Smith’s Construction and Contracting ('we', 'us', 'our') operates this website to provide information about our construction and contracting services, as well as to facilitate communication with potential clients. These Terms and Conditions protect not only this website but also all company-related activities, including project estimates, contracts, communications, and the company’s legal and business interests as a whole.
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2. Services and Estimates
Our goal is to provide accurate and competitive bids for your construction project. However, due to the nature of construction work, unforeseen changes or issues may arise that were not apparent during the initial bidding process. These may include but are not limited to:
• Unforeseen site conditions
• Changes in project scope or specifications
• Variations in material costs
• Necessary design modifications
When such instances occur, they may impact the final cost. We strive to communicate any changes promptly and will provide detailed explanations for any adjustments to the original bid.
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3. Payment Terms
Payment for all projects shall be made as follows:
• 60% of the total project cost is due upfront before work commences.
• The remaining 40% is due upon completion of the work and prior to final delivery or inspection.
Failure to make payment according to the schedule may result in a pause or termination of work until payment is received. Any late payments may incur additional charges as specified in the final agreement or invoice.
4. Partner Payment Terms
For partners, subcontractors, or collaborating entities working with Smith’s Construction and Contracting, the following payment policy applies unless a separate contract or agreement is in place:
• The full payment amount is due within seven (7) days of completion of work.
• If materials are required to be ordered prior to commencement, a draw payment must be made from the total agreed amount within five (5) days of the request. This ensures materials can be ordered in a timely manner and project schedules remain on track.
Failure to make timely payments or provide material draws as required may result in delays, additional fees, or suspension of the partnership agreement until payment is received.
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5. Changes and Cancellations
If the client requests changes to the project scope, design, or materials after work has begun, we will issue a revised estimate. Additional costs and adjusted timelines may apply. Project cancellations after work has started may be subject to fees for materials, labor, and administrative expenses.
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6. Limitation of Liability
While we strive to deliver all services to the highest standards, Smith’s Construction and Contracting shall not be held liable for indirect, incidental, or consequential damages arising from the use of our services, website, or contractual work. This includes any losses due to project delays, unforeseen circumstances, or third-party dependencies. These terms apply equally to our website operations, project contracts, and all business dealings under the Smith’s Construction and Contracting name.
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7. Warranties
Smith’s Construction and Contracting provides a one (1) year limited warranty from the date of project completion. This warranty covers defects in workmanship and materials supplied by us during the construction process.
The warranty does not cover:
• Normal wear and tear or aging of materials
• Damage caused by misuse, neglect, accidents, or alterations made by the client or third parties
• Issues resulting from environmental factors such as weather, moisture, or natural disasters
• Damage due to lack of maintenance or improper care
Any warranty claims must be submitted in writing with photos to info@smithsconstructionandcontracting.com within the warranty period. Upon review, we will determine the appropriate remedy, which may include repair or replacement of the affected work at our discretion.
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8. Intellectual Property
All content on this website, including text, images, graphics, and logos, is the property of Smith’s Construction and Contracting and protected by applicable intellectual property laws. Unauthorized reproduction or use of this material is prohibited.
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9. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas. Any disputes arising under these T&C shall be subject to the exclusive jurisdiction of the courts located in Tarrant County, Texas.
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10. Contact Information
If you have any questions or concerns regarding these Terms and Conditions, please contact us via the website’s contact form or by email at info@smithsconstructionandcontracting.com.
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11. Acceptance of Terms
By using our website, requesting estimates, or entering into a contractual agreement with Smith’s Construction and Contracting, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions.
Additional Legal Protections and Business Safeguards
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This document outlines additional clauses designed to strengthen the legal and financial protections for Smith’s Construction and Contracting. These provisions complement the company’s primary Terms and Conditions and may be referenced or incorporated into client or partner agreements as necessary.
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1. Indemnification
The client agrees to indemnify and hold harmless Smith’s Construction and Contracting, its employees, subcontractors, and affiliates from any and all claims, damages, losses, or expenses arising from the client’s negligence, misuse of the work, failure to maintain site safety, or actions of third parties under the client’s control.
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2. Force Majeure (Acts of God)
Smith’s Construction and Contracting shall not be held liable for delays or inability to complete work due to circumstances beyond its control. This includes, but is not limited to, severe weather, natural disasters, equipment failure, labor disputes, shortages of materials, transportation delays, pandemics, or government restrictions. Project timelines and completion dates will be adjusted accordingly without penalty to the contractor.
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3. Late Payment and Interest Fees
Invoices not paid by their due date will accrue interest at a rate of 1.5% per month (or the maximum rate permitted by law) until paid in full. Smith’s Construction and Contracting reserves the right to suspend ongoing or future work until payment is received.
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4. Right to Suspend Work
Smith’s Construction and Contracting reserves the right to stop or delay work, without liability, if required payments are not made, or if site conditions are deemed unsafe. Work will resume only after the issue has been rectified and payment or safety confirmation is received.
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5. Ownership of Work
All materials, designs, and completed work remain the property of Smith’s Construction and Contracting until full payment is received. The client shall not occupy, alter, or utilize the completed work prior to payment in full without written authorization from the contractor.
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6. Dispute Resolution
In the event of any dispute arising under or related to any contract, estimate, or service provided by Smith’s Construction and Contracting, the parties agree to first attempt mediation. If mediation fails, disputes shall be settled through binding arbitration held in Tarrant County, Texas, in accordance with the rules of the American Arbitration Association. Each party shall bear its own costs and attorney’s fees unless otherwise determined.
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7. Media and Marketing Rights
Smith’s Construction and Contracting reserves the right to photograph before and after of completed projects for marketing and portfolio use. The client’s identity and address will remain confidential unless express written permission is provided.
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8. Severability
If any section or clause of this document is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
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9. Relationship to Terms and Conditions
These additional protections are designed to supplement, not replace, the Smith’s Construction and Contracting primary Terms and Conditions. In case of conflict between the two documents, specific contract agreements will take precedence.
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By entering into agreements or engaging services with Smith’s Construction and Contracting, all parties acknowledge and agree to abide by the policies and protections set forth in both this document and the company’s general Terms and Conditions.