Terms & Conditions
Effective Date: August 28, 2026
Acceptance of These Terms
By using this website or engaging Smith's Construction and Contracting for services, you agree to these Terms & Conditions (these "Terms"). If you do not agree to these Terms, please do not use this website or engage our services.
Before You Sign a Project Agreement
Until you and Smith's Construction and Contracting sign a project-specific document, such as a Start Work Order, Material Selection & Change Order Agreement, or a Supplemental Material Selection or Change Order document, no contract exists between you and Smith's Construction for any construction, restoration, or repair work. These Terms alone govern your use of this website and any quote, estimate, or communication you exchange with Smith's Construction before that point.
Any estimate, quote, or price range provided through this website, by phone, by email, or in person is an approximation based on the information available at the time. It is not a binding offer and does not obligate Smith's Construction to perform work at that price or on those terms. Pricing, scope, and material selections become binding only once reflected in a signed project document.
Once you sign a project-specific document, that document's terms control for the project it covers on the topics it addresses. These Terms continue to apply in addition to it, including for matters the signed document does not cover, such as general use of this website.
If your project involves a Restoration Partner, such as a water damage restoration or insurance repair company that referred or is coordinating your project, you may have a separate agreement with that Restoration Partner, and the Restoration Partner may have its own agreement with Smith's Construction and Contracting covering the work. Not having personally signed a Start Work Order or other project document directly with Smith's Construction does not mean you have no obligations to Smith's Construction. By accepting work performed by Smith's Construction at your property, whether arranged through a Restoration Partner or otherwise, you accept Smith's Construction's basic terms for how it does business, including its practices on material selections and upgrades, Change Orders, payment, and scheduling, as described in these Terms and in Smith's Construction's standard project documents, and you agree to deal with Smith's Construction and any Restoration Partner in good faith while a project-specific document is being finalized.
Smith's Construction and Contracting is under no obligation to accept or proceed with any quoted or estimated project, and may decline to do so for any lawful reason, before a project-specific document is signed.
Restoration Partner Coordination & Project Scope
If your project involves a Restoration Partner, a selection or instruction you give only to the Restoration Partner is not binding on Smith's Construction unless the Restoration Partner relays it to Smith's Construction in writing and it is reflected in a signed project document. Smith's Construction is not responsible for a selection you believe you communicated, or for any resulting delay, cost, or dissatisfaction, if Smith's Construction never received it in writing; that is a matter between you and the Restoration Partner.
Smith's Construction is only obligated to perform the work described in a signed project document or an approved insurance claim scope. You may not withhold a completion certificate, walkthrough sign-off, or payment authorization based on the absence of an item that was not included in that signed scope, or based solely on aesthetic preference for work that is not a workmanship defect. This does not waive your right to withhold sign-off for a genuine defect or incomplete work.
Your Authority to Request Work
By requesting a quote, estimate, or work from Smith's Construction and Contracting, whether through this website, by phone, by email, or in person, you represent that you are the legal owner of the project property, or have full legal authority and authorization from the property's owner and all interested parties to request the work, bind the property, and incur financial obligations on its behalf.
Who You're Working With
Smith's Construction and Contracting carries commercial general liability insurance and, if it has employees, workers' compensation coverage as required by law, and maintains all business registrations required to operate in the cities and counties where it does business. Certificates of insurance are available on request.
Some work may be performed by subcontractors, who are independent contractors, not employees of Smith's Construction, and do not represent or hold themselves out as Smith's Construction. Smith's Construction selects and may change its subcontractors and vendors at its own discretion, and is not responsible for a subcontractor's independent errors or omissions outside the scope of Smith's Construction's own supervision of, and warranty obligations for, the work performed.
Use of This Website
You may use this website for lawful purposes only. You agree not to use this website to submit false or misleading information, attempt to gain unauthorized access to any part of this website or its underlying systems, upload or transmit viruses or other harmful code, or interfere with the proper functioning of this website. Smith's Construction and Contracting may suspend or restrict access to this website for anyone who violates these Terms.
Website Content & Intellectual Property
All text, graphics, logos, photographs, and other content on this website are owned by Smith's Construction and Contracting or its licensors and are protected by copyright, trademark, and other applicable laws. You may view and print pages from this website for your own personal, non-commercial use in connection with a project with Smith's Construction and Contracting. You may not otherwise copy, reproduce, distribute, or create derivative works from this website's content without Smith's Construction's prior written permission.
Accuracy of Website Information
Smith's Construction and Contracting makes reasonable efforts to keep the information on this website accurate and current, but photographs, project examples, material samples, and pricing shown on this website are for general illustration only and may not reflect the exact appearance, availability, or current cost of materials for your specific project. Actual material selections, pricing, and availability for your project are as stated in your signed Start Work Order, Material Selection & Change Order Agreement, or applicable Supplemental Material Selection or Change Order document, which control over anything shown on this website.
Third-Party Links
This website may contain links to third-party websites, including vendor, manufacturer, or review sites, provided for convenience only. Smith's Construction and Contracting does not control and is not responsible for the content, accuracy, or practices of any third-party website, and including a link does not imply endorsement.
How We Price Insurance & Restoration Work
For a project tied to an insurance claim or Restoration Partner scope, line-item pricing in the approved estimate reflects the total installed cost of that item, including materials, freight, waste factor, preparation, overhead, and labor together, not a materials-only allowance. For example, a flooring line item priced at a given amount per square foot covers the total cost to remove, prepare, supply, and install the floor, not that amount to spend solely on retail materials. Smith's Construction prices this type of work as a combined scope and is not obligated to itemize the breakdown between labor, trade costs, or specialty pricing, or to provide a line-item cost breakdown on request.
Payment Terms
For a new project quoted directly by Smith's Construction and Contracting, payment is 60% upfront before work starts and 40% upon completion.
This payment structure does not apply to upgrades, upcharges, or Change Orders. If you have a signed Start Work Order, Material Selection & Change Order Agreement (or a Supplemental Material Selection or Change Order document) for your project, any upgrade or Change Order amount stated there is due in full as described in that document, not on the 60/40 schedule above.
A payment that is returned, reversed, or fails to process, including a bounced check, a failed bank transfer, or a credit card chargeback, is subject to a fee of $30.00, or the maximum amount permitted by law, whichever is lower, in addition to the amount originally owed.
Authorized Points of Contact
Selections, change requests, and other project instructions must be directed to the Smith's Construction Representative or Project Manager assigned to your project, or to Chase Smith, the owner of Smith's Construction and Contracting. An instruction, selection, or update given only to a crew member, subcontractor, or anyone else on site is not binding on Smith's Construction unless it is reflected in a signed project document.
Material Selections, Scheduling & Delays
Where Smith's Construction is coordinating material selections for your project, selections must generally be finalized within seven (7) days of the project's start date. If a selection is not provided by then, Smith's Construction may pause the affected work until you provide one, or proceed using its standard default materials for that item, until you select otherwise in writing.
If you send Smith's Construction a photo and ask it to select or source a similar-looking item, or tell Smith's Construction that a selection is its choice to make, Smith's Construction will choose a reasonable option within the project's budget and scope, and that choice counts as your final selection for that item. If you are dissatisfied with the result, replacing it afterward is treated as a new Change Order at your expense.
Smith's Construction does not guarantee a specific completion date. You are responsible for reasonable, documented additional costs and scheduling delays caused by your delay in finalizing selections, or by backordered or custom-lead-time materials you specifically requested.
Scope Changes
If you request a change to the work after it has begun, Smith's Construction will provide a revised estimate reflecting the adjusted cost and timeline before proceeding. If you have a signed Start Work Order, Material Selection & Change Order Agreement for your project, that document's terms on Change Orders, selection deadlines, and post-installation changes control instead of this general policy.
If you request a change after materials have been ordered, delivered, or installed, you are responsible for any resulting restocking fees, return freight, and non-refundable material costs, plus the labor to remove the original materials and install the replacement.
Unforeseen Site Conditions
Demolition or early work can reveal hidden structural, water, mold, electrical, or plumbing damage that was not visible during the initial inspection. If this happens, Smith's Construction will pause the affected work and report its findings to your Restoration Partner or insurance carrier, where applicable, within 48 hours of discovery, and that portion of the work remains paused pending review. If a supplement for the additional work is denied, you may either authorize the additional work as an out-of-pocket Change Order, or have that portion of the work stopped and pay Smith's Construction for the labor and non-refundable materials used up to that point.
Site Access, Customer Conduct & Damage
You are responsible for providing Smith's Construction and its subcontractors with clear, safe, and uninterrupted access to the project area during agreed working hours.
Smith's Construction is not responsible for damage to work in progress or completed work caused by you, your household, or anyone you allow on site, including damage from entering a work area or using installed materials or finishes before they are complete or fully cured or dried. You agree to stay out of an active work area until Smith's Construction confirms it is safe to enter, and you may not withhold a completion certificate, walkthrough sign-off, or payment based on damage caused under this section.
Workmanship Warranty
Smith's Construction and Contracting warrants its own workmanship on completed projects for a period of one (1) year (the "Warranty Period"), on the terms below.
When the Warranty Period starts. The Warranty Period runs for one (1) year from the date of substantial completion. Where a project has a signed Punchlist & Final Walkthrough Agreement, the date of substantial completion is the date of the Customer's Final Sign-Off on that document. Where a project has no such document, the date of substantial completion is the date Smith's Construction notifies the Customer, in writing, that the project's scope of work is complete.
What is covered. This warranty covers defects in Smith's Construction's own workmanship in performing the work described in the project's signed scope of work. For example, installation that fails or performs incorrectly because of how Smith's Construction installed it. It does not extend to manufacturer defects in materials or products, which remain covered separately under the manufacturer's own warranty.
What is not covered. This warranty does not cover damage, wear, or deterioration that occurs after the Warranty Period begins, from any cause other than Smith's Construction's original workmanship, including without limitation:
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Scratches, dents, stains, gouges, or other physical damage to floors, countertops, cabinetry, paint, or other finished surfaces occurring after the Warranty Period begins
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Ordinary wear and tear
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Lack of maintenance, or improper cleaning or maintenance
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Misuse, abuse, or accidental damage by the Customer, the Customer's household, guests, pets, other contractors, or third parties
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Damage caused by events described under Force Majeure, below
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Any item, feature, or portion of work that was not part of the signed scope of work
How to submit a warranty claim. Email info@smithsconstructionandcontracting.com with a description of the issue, the project address, and photos if available. A claim must be submitted on or before the date that is one (1) year after the Warranty Period begins; claims submitted after that date are not covered.
Scheduling. Warranty claims are scheduled in the order received, based on Smith's Construction's first available scheduling. Due to scheduling conflicts, warranty work may take up to a maximum of three (3) months from the date the claim is submitted to be scheduled.
Force Majeure
Neither party is liable for a failure or delay in performing its obligations (including, for the Customer, timely site access and payment obligations directly prevented by the event) where the failure or delay is caused by acts of God, extreme weather, natural disasters, national supply chain disruptions, government restrictions, or other events beyond the affected party's reasonable control. The affected party will notify the other promptly and resume performance as soon as reasonably possible.
Limitation of Liability
To the maximum extent permitted by law, Smith's Construction's total liability for any claim arising from its services or contractual work is limited to the total contract price paid by the Customer for the specific work performed. Smith's Construction is not liable for indirect, incidental, or consequential damages arising from the use of its services, this website, or its contractual work. Nothing in this section limits any liability that cannot be limited under Texas law, including liability for gross negligence or willful misconduct.
Late Payments
Unpaid invoices accrue interest at a rate of 1.5% per month, or the maximum rate permitted by law, whichever is lower.
Ownership of Materials & Work Product
Materials delivered to a project site and work performed by Smith's Construction and Contracting remain Smith's Construction's property until paid for in full. This does not affect any warranty rights you have once payment is complete.
Mechanic's Lien Rights
If you do not pay for completed work, labor, or materials, including an approved Change Order, Smith's Construction and Contracting reserves the right to file a mechanic's lien against the project property in accordance with Chapter 53 of the Texas Property Code. This right applies whether the unpaid work was performed under a signed project document or, where none has been signed, under these Terms.
The specific statutory notices required to preserve that right differ depending on whether Smith's Construction is acting as the original contractor working directly for you, or as a subcontractor performing work for a Restoration Partner on your project. Smith's Construction will send whichever statutory notices apply to its role on your project, and timely compliance with those notice requirements is a condition of Smith's Construction's right to file a lien. This section is a general summary, not a complete statement of Texas mechanic's lien law, and does not limit any other remedy available to Smith's Construction for non-payment.
Work Suspension Rights
Smith's Construction and Contracting may pause work, without liability for the resulting delay, if a payment owed to it is not made when due, or if a condition at the project site presents a genuine safety hazard that is not corrected within a reasonable time after notice. Smith's Construction will resume work once the payment is made or the hazard is corrected.
Assignment
Smith's Construction and Contracting may assign or transfer its rights and obligations under these Terms or any signed project document to a successor, affiliated entity, or purchaser of its business, upon notice to you. You may not assign your rights or obligations under a signed project document without Smith's Construction's prior written consent.
No Waiver
If Smith's Construction and Contracting does not enforce a provision of these Terms or a signed project document on one occasion, that does not waive its right to enforce that provision, or any other provision, at a later time.
Indemnification
You agree to indemnify and hold Smith's Construction and Contracting harmless from claims, damages, and reasonable expenses arising from your misuse of this website, your violation of these Terms, materially false information you provide to Smith's Construction in connection with a quote, estimate, or project, your own negligence or violation of law, or the acts of a third party you allow on the project property, such as a guest, tenant, other contractor, or household member. This section does not apply to claims arising from Smith's Construction's own workmanship, which are addressed under the Workmanship Warranty and Limitation of Liability sections above.
Media, Photography & Testimonials
Smith's Construction and Contracting may photograph or film a completed project for its portfolio, website, and marketing use, and may use a customer's written review or testimonial in the same way, without additional compensation to you. Smith's Construction will take reasonable care not to include identifying details, such as your name, house number, or other personal information, without your consent. If you would like a specific photo, video, or testimonial withheld from public use, contact Smith's Construction using the information at the end of these Terms.
Electronic Communications & Signatures
By providing an email address or cell phone number to Smith's Construction and Contracting, or by signing a document through Smith's Construction's e-signature platform, you consent to receive communications, disclosures, and documents electronically, and agree that your electronic signature on any document has the same legal effect as a handwritten signature, to the fullest extent permitted under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Texas Uniform Electronic Transactions Act. You may withdraw this consent for future communications by contacting Smith's Construction and Contracting using the information at the end of these Terms, though a document already signed electronically remains valid and binding.
Privacy
Smith's Construction and Contracting's Privacy Policy, available on this website, describes what personal information we collect, how we use it, and your choices regarding it. The Privacy Policy is incorporated into these Terms by reference and applies in addition to them.
Dispute Resolution and Governing Law
Before filing suit, the parties agree to attempt in good faith to resolve any dispute through direct negotiation for at least 10 business days, and if unresolved, through non-binding mediation with a mutually agreed mediator, before pursuing litigation. These Terms and any dispute arising from them are governed by the laws of the State of Texas, without regard to conflict-of-laws principles. Venue for any dispute lies in the county in which the project property is located, or, where these Terms apply independent of a specific project, in Tarrant County, Texas.
Severability
If any provision of these Terms is held unenforceable or invalid, the remaining provisions remain in full force and effect, and Smith's Construction will treat the invalid provision as replaced by an enforceable one that most closely reflects its original intent.
Changes to These Terms
Smith's Construction and Contracting may update these Terms from time to time by posting a revised version on this website; the Effective Date at the top reflects when they were last updated. Continued use of this website after a revision becomes effective constitutes acceptance of the revised Terms. Where a signed document for your project states that it incorporates these Terms "as in effect on the date of" that document, the version of these Terms in effect on that specific date applies to your project, not any later revision.
Contact Us
Questions about these Terms, or about a specific project, may be directed to:
Smith's Construction and Contracting