FREE INSPECTIONS >>>
Terms & Conditions
-
Contract Documents. The contract documents include: (a) the Proposal and any drawings, plans, and specifications for the work set forth in the Proposal; (b) these Terms and Conditions; (c) any addenda or Change Orders; and (d) the Exclusive Limited Warranty provided by Precision Building Group. The Contract Documents form the entire and integrated contract between Customer and Precision Building Group and supersede all prior negotiations, representations, or agreements, whether written or oral.
-
The Work. Precision Building Group shall perform the work in accordance with the Contract Documents, manufacturer specifications, and applicable law. Precision Building Group shall have sole control over means, methods, techniques, sequences, and procedures to complete the work. Unless otherwise provided in the contract documents, Precision Building Group shall provide and pay for all labor, materials, supplies, tools, equipment, and machinery reasonably necessary to complete the work. Some variation may occur in color, texture, and appearance of materials. Precision Building Group may substitute similar materials if specified materials are unavailable. Precision Building Group does not evaluate existing ventilation and circulation systems beyond what is specified in the proposal. Precision Building Group may utilize subcontractors, vendors, suppliers, or others who are not a party to this contract to provide labor, services, material, equipment, or machinery in connection with the work. Neither the work, nor the contract price, includes any governmental permit service or access charge unless specifically included in the proposal.
-
Changes. Precision Building Group shall be entitled to a change order increasing the contract price upon the occurrence of any of the following: (a) Customer requested or ordered changes in the scope of the work, including selection of materials not specified in the Proposal; (b) discovery by Precision Building Group of any deteriorated materials (i.e., decking, fascia boards, ventilators, flashing, etc.), hidden damage, or the need for repair or replacement of any condition not specified for repair or replacement in the Contract Documents; (c) any additional work required by government inspectors to make the existing structure code compliant; or (d) any contingencies set forth in Paragraph 4 that occur and result in additional costs to complete the work. If the parties cannot agree on the amount of the change order, the Customer shall pay Precision Building Group at the unit prices set forth in the proposal, or where there are no unit prices, on a time and material basis, plus overhead and profit, which amount shall be added to the contract price.
-
Estimated Start and Completion Dates. Customer acknowledges that the Estimated Start Date and Job Duration provided in the Proposal are estimates only and are based on the expected and usual performance of the Work during normal daytime working hours, Monday – Friday. Precision Building Group cannot guarantee that it will complete the Work within the estimated Job Duration. In no event shall Precision Building Group be responsible for any damages caused by a failure to complete the Work within the estimated Job Duration. Contingencies that could affect the completion time of the Work include: (a) adverse weather, (b) unforeseen site conditions, (c) unusual building construction, (d) natural disasters or other acts of God, (e) disputes over boundaries or title, (f) strikes or labor disputes, (g) unavailability of materials or laborers or subcontractors, (h) delays in previously scheduled projects, (i) unavailability of permits, (j) changes in laws or codes not reasonably foreseeable, (k) fire or other casualty, (l) special requirements from governing bodies, (m) changes in the Work, or (n) other causes not the fault of Precision Building Group that impact the progress of the Work.
-
Contract Price and Payment Terms. Customer shall pay Precision Building Group the contract price in installments as set forth on the Proposal. Determination of the balance due and the date of completion are solely the responsibility of Precision Building Group. Interest shall accrue at 1.5% per month on all amounts unpaid after thirty (30) days. A $50.00 service fee will be charged for any returned check. The making of final payment by Customer constitutes a waiver of all claims against Precision Building Group, except for claims arising under the Exclusive Limited Warranty provided by Precision Building Group.
-
Insurance Coverage. Customer may have insurance that provides coverage for the Work. Precision Building Group does not and cannot guarantee that Customer's insurer will provide coverage or pay the contract price in whole or in part. Customer understands and acknowledges that its insurer is not a party to this Contract and that Customer is responsible for paying for the Work regardless of whether its insurer provides coverage. If there is insurance coverage for the Work, Customer agrees to promptly pay to Precision Building Group any proceeds received from such insurance on account of the Work up to the amount of the contract price as amended by Change Order. If the insurance proceeds are insufficient to cover the entire contract price for any reason, including, but not limited to, insufficient coverage, decisions by the insurer, or deductibles, depreciation, or penalties applied by the insurer, Customer agrees to pay Precision Building Group for the Work.
-
Customer's Obligations and Commitments. Customer shall: (a) grant free access to work areas for workers and vehicles; (b) allow storage of materials on Customer's property; (c) keep driveways clear and available for movement and parking of vehicles during normal working hours, including removal of ice and snow; (d) supply electric, water, and utilities; (e) remove, protect, or secure all satellite dishes, antennas, decorations, and other exterior and interior personal property (e.g., outdoor furniture, potted plants, wall hangings, etc.) before the Work begins. Customer shall hold Precision Building Group harmless from any and all damage to Customer's personal property, including but not limited to interior fixtures, drywall, plaster, wall coverings, and decorations, unless caused by Precision Building Group's negligence. Precision Building Group shall not be responsible for realigning satellite dishes or antennas. The Work may require the use of dumpsters, heavy equipment vehicles, and construction equipment on Customer's property. Customer holds Precision Building Group harmless from any damage to Customer's property caused by weight or movement of such dumpsters, vehicles, or equipment. Precision Building Group shall not be expected to keep gates and doors closed, and Customer shall hold Precision Building Group harmless from claims arising therefrom. Excess construction material shall remain Precision Building Group's property. Customer shall hold Precision Building Group harmless from pre-existing conditions on the property discovered during completion of the Work.
-
Precision Building Group's Rights. Customer may not, under any circumstances, withhold amounts, claim an offset, or unilaterally attempt to change other amounts due to Precision Building Group. Customer's failure to tender the full balance due upon notification of completion is a default of Customer's obligations. If Customer fails to make a payment or commits any other breach of obligations under this Contract, Precision Building Group may immediately stop the Work and, upon seven (7) days' written notice to Customer, terminate this Contract and recover payment for Work performed, all other costs, damages or expenses, including reasonable attorney's fees and other costs and expenses of collection, and the anticipated profit on the balance of the Work not completed. Precision Building Group may terminate this Contract for any reason, including for Precision Building Group's convenience, upon seven (7) days' written notice to Customer, and may recover from Customer payment for Work performed.
-
Precision Building Group's Liability. Precision Building Group warrants that the Work will comply with Precision Building Group's Exclusive Limited Warranty provided to Customer. Precision Building Group expressly disclaims any and all other warranties, whether express, implied, or oral, including any implied warranties of merchantability, habitability, workmanship, or fitness for a particular purpose. Customer expressly waives any special, indirect, incidental, or consequential damages. Customer's sole remedy against Precision Building Group for any claim or cause of action arising out of or relating to the Work (whether under theories of breach of contract, breach of warranty, negligence, tort, or other theory) is a claim under the Exclusive Limited Warranty provided by Precision Building Group. All warranties are conditioned upon Customer paying Precision Building Group pursuant to this Contract.
-
Dispute Resolution. If any dispute arises concerning the Work or money due Precision Building Group, the method of binding dispute resolution shall be arbitration or litigation, at Precision Building Group's sole election. If Precision Building Group elects arbitration, Customer consents to such arbitration as the exclusive form of binding dispute resolution, which arbitration shall be held under the Construction Industry Arbitration Rules of the American Arbitration Association (AAA) or the Alternative Dispute Resolution (ADR) of the Better Business Bureau (BBB) at Precision Building Group's sole discretion. In either arbitration or litigation, Precision Building Group shall be entitled to recover its costs related to such dispute, including reasonable attorney's fees, if Precision Building Group prevails.
-
Right to Cancel. Customer may cancel this Contract at any time before midnight on the third business day after the date this Contract is signed by Customer and Precision Building Group. If applicable, Customer also has the right to cancel within three business days after receiving written notification from their insurance company regarding coverage determination. To cancel, Customer must provide written notice to Precision Building Group at the address provided in this Contract.
-
Miscellaneous. This Contract shall be construed and interpreted according to the laws of the State of Tennessee. Customer agrees that they have read and understand the written terms of this Contract. Customer agrees that the written terms of this Contract define the relationship between Customer and Precision Building Group. Customer further agrees that Customer is not relying upon any statements, advertisements, or representations not explicitly included in this Contract. If any of these Terms and Conditions should be determined to be invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, then such Term or Condition shall be severed, and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.