Customer Contract Terms & Conditions

1. Contract Documents

The complete agreement between Customer and Affordable Contracting, Inc. may include, as applicable:

1. The signed estimate, proposal, contract, or work authorization;
2. These Customer Contract Terms & Conditions;
3. Approved drawings, plans, specifications, scope sheets, renderings, or design documents;
4. Approved selections, allowances, product lists, and finish schedules;
5. Approved change orders, written field directives, emails, portal approvals, or text-message approvals;
6. Payment schedules, invoices, and payment requests;
7. Any required statutory notices, including Florida construction lien notices where applicable.

If there is a conflict between documents, the more specific document controls over the more general document. A signed or approved change order controls over the original scope only as to the changed item.

2. Scope of Work

Affordable Contracting, Inc. will perform only the work specifically described in the written contract, estimate, proposal, approved change order, or written authorization. Any labor, materials, services, repairs, demolition, replacement, design work, engineering, permitting, inspections, utility work, concealed-condition work, after-hours work, cleaning, moving of personal property, protection of personal property, or additional services not expressly listed are excluded unless added by written change order.

Customer understands that remodeling and construction projects often involve unknown or concealed conditions. Unless specifically stated otherwise, the contract price is based only on visible, reasonably ascertainable conditions at the time the estimate was prepared.

3. Exclusions Unless Specifically Included

Unless expressly included in writing, the following are excluded from the contract price:

1. Permit fees, impact fees, engineering fees, architect fees, survey fees, design professional fees, testing, special inspections, asbestos testing, lead testing, mold testing, or environmental testing;
2. Mold remediation, asbestos abatement, lead paint remediation, hazardous material removal, pest remediation, termite damage repair, or water intrusion remediation;
3. Correction of existing code violations, illegal prior work, structural defects, framing defects, rotten wood, termite damage, plumbing defects, electrical defects, HVAC defects, roof defects, foundation defects, concealed damage, or hidden conditions;
4. Work required by inspectors, building departments, engineers, utility companies, insurance companies, mortgage companies, homeowners’ associations, condominium associations, or governmental agencies unless expressly included;
5. Moving, storing, or protecting furniture, electronics, fragile items, valuables, artwork, antiques, collectibles, window treatments, clothing, rugs, appliances, personal property, vehicles, pets, or landscaping;
6. Temporary housing, loss of use, loss of income, inconvenience, business interruption, storage costs, pet boarding, utility interruption, cleaning beyond ordinary construction broom-cleaning, or other consequential costs;
7. Painting, drywall repair, flooring repair, trim repair, cabinet modifications, tile repair, countertop modifications, glass work, appliance modifications, or finish repairs made necessary by concealed conditions or owner-supplied items unless specifically included;
8. Final professional cleaning, window cleaning, dust removal from HVAC systems, duct cleaning, or cleaning of areas outside the construction zone unless specifically included.

4. Customer Responsibilities

Customer agrees to:

1. Provide lawful access to the property during normal working hours;
2. Ensure the work area is reasonably clear of personal property before work begins;
3. Provide access to electricity, water, restroom facilities, parking, and reasonable staging areas unless otherwise agreed;
4. Secure pets, children, valuables, fragile items, vehicles, and personal property;
5. Obtain approvals required from mortgage companies, insurance companies, homeowners’ associations, condominium associations, landlords, property managers, or other interested parties unless Affordable Contracting, Inc. expressly agrees in writing to assist;
6. Make selections, approvals, and payments on time;
7. Promptly respond to questions, requests, inspections, and approvals;
8. Notify Affordable Contracting, Inc. in writing of any concern, defect, damage, discrepancy, or issue immediately upon discovery;
9. Not interfere with, direct, supervise, or instruct Affordable Contracting, Inc.’s employees, subcontractors, vendors, or suppliers;
10. Not perform work, hire others to perform work, or alter work areas while Affordable Contracting, Inc. is actively performing the project unless approved in writing.

Failure by Customer to satisfy these responsibilities may cause delay, additional cost, schedule changes, warranty limitations, or suspension of work.

5. Pricing, Estimates, and Allowances

Prices are based on the scope, materials, labor, market conditions, availability, and project conditions known at the time the estimate or proposal is prepared. Unless otherwise stated in writing, estimates and proposals are valid for 30 days.

Allowances are estimated budget amounts for items not fully selected, finalized, or priced at the time of contract. If the actual cost of an allowance item exceeds the allowance, Customer is responsible for the difference, including applicable labor, overhead, profit, taxes, delivery, freight, handling, installation cost changes, and related adjustments.

If the actual cost is less than the allowance, the contract may be credited only for the actual net savings after associated costs are accounted for. Allowances are not guaranteed prices.

6. Deposits, Progress Payments, and Final Payment

Customer agrees to pay all deposits, progress payments, change order payments, and final balances according to the contract, invoice, or payment schedule.

Unless otherwise stated:

1. Deposits are due upon contract signing or approval;
2. Progress payments are due when invoiced or when the applicable stage of work is reached;
3. Change orders may require payment before the changed work is ordered, scheduled, or performed;
4. Final payment is due upon substantial completion, not perfection, punch-list completion, manufacturer delay, third-party delay, or completion of minor corrective items.

“Substantial completion” means the work is sufficiently complete so Customer can use or occupy the improved area for its intended purpose, even if minor punch-list work remains.

Customer may not withhold payment for unrelated items, minor punch-list items, manufacturer delays, warranty items, owner-supplied items, insurance disputes, mortgage-company delays, or issues outside Affordable Contracting, Inc.’s control.

7. Late Payments, Nonpayment, and Collection Costs

Payments not received when due are considered late. Affordable Contracting, Inc. may charge interest, service charges, administrative fees, collection costs, lien costs, attorney’s fees, court costs, and all costs of collection to the fullest extent allowed by law and the contract.

If Customer fails to make payment when due, Affordable Contracting, Inc. may, without waiving any rights:

1. Suspend work;
2. Cancel or delay scheduled labor, subcontractors, vendors, deliveries, or inspections;
3. Refuse to order additional materials;
4. Withhold warranty service until the account is brought current;
5. Record a claim of lien where legally permitted;
6. Refer the account to an attorney or collection agency;
7. Recover all amounts owed, including unpaid contract balances, change orders, stored materials, lost scheduling costs, remobilization costs, overhead, profit, interest, attorney’s fees, court costs, and collection expenses.

Suspension for nonpayment does not constitute abandonment, breach, delay, or default by Affordable Contracting, Inc.

8. Florida Construction Lien Rights

Customer understands that Florida law provides lien rights to contractors, subcontractors, laborers, material suppliers, and others who improve real property and are not paid. Affordable Contracting, Inc. does not waive lien rights, bond rights, collection rights, attorney-fee rights, or payment rights unless the waiver is in writing, signed by Affordable Contracting, Inc., and supported by actual cleared payment.

Any partial lien release, progress payment release, final release, waiver, or satisfaction is effective only to the extent of funds actually received and cleared by Affordable Contracting, Inc.

9. Change Orders

Any addition, deletion, substitution, upgrade, unforeseen condition, customer request, plan change, selection change, code requirement, inspection requirement, material change, schedule change, or work outside the original written scope is a change order.

Change orders may include charges for labor, materials, supervision, equipment, subcontractors, vendors, overhead, profit, taxes, delivery, freight, administrative time, scheduling impact, remobilization, and delay-related costs.

Change orders may be approved by:

1. Physical signature;
2. Electronic signature;
3. Email approval;
4. Text-message approval;
5. Portal approval;
6. Payment of a change order invoice;
7. Verbal direction followed by written confirmation;
8. Customer conduct authorizing the work to proceed.

Affordable Contracting, Inc. is not required to perform change order work until the change order is approved and any required payment is received. Customer agrees that change orders may extend the project schedule.

10. Emergency Work, Concealed Conditions, and Pre-Existing Conditions

If Affordable Contracting, Inc. discovers a condition requiring immediate action to protect the property, prevent damage, comply with law, preserve safety, or prevent project disruption, Affordable Contracting, Inc. may take reasonable protective action and charge Customer for the related cost.

Affordable Contracting, Inc. is not responsible for concealed, unknown, defective, or pre-existing conditions, including but not limited to rotten wood, termite damage, mold, water damage, structural defects, foundation issues, framing defects, electrical defects, plumbing defects, HVAC defects, roof leaks, improper prior construction, code violations, improper insulation, unlevel floors, unlevel walls, hidden pipes, hidden wires, hidden ducts, gas lines, structural elements, hazardous materials, or conditions concealed behind walls, ceilings, cabinets, flooring, tile, concrete, siding, stucco, roofing, or finishes.

If such conditions are discovered, Customer agrees to pay for all investigation, demolition, repair, correction, engineering, permitting, delay, remobilization, and related work through change order.

11. Permits, Inspections, and Code Requirements

Where permits are required, work will be performed subject to applicable building codes and inspection requirements. Customer understands that building departments, inspectors, engineers, and other authorities may require additional work not included in the original scope.

If additional work, documentation, engineering, inspections, corrections, upgrades, or code compliance work is required by any authority having jurisdiction, Customer agrees to pay for the additional cost unless specifically included in the original written scope.

Affordable Contracting, Inc. is not responsible for delays caused by permitting, inspections, government offices, utility companies, engineers, plan review, code interpretation, inspection scheduling, or third-party approvals.

12. Design, Selections, and Customer Approvals

Customer is responsible for reviewing and approving all selections, materials, colors, finishes, layouts, drawings, renderings, measurements, dimensions, cabinet layouts, tile layouts, flooring selections, countertop selections, plumbing fixtures, electrical fixtures, hardware, appliances, accessories, and other project details before ordering or installation.

Customer understands that digital images, renderings, samples, showroom displays, manufacturer photos, and printed materials may vary from actual installed products due to lighting, dye lots, screen settings, natural variation, material availability, and manufacturing tolerances.

Once materials are ordered, fabricated, delivered, cut, installed, or specially manufactured, changes may result in additional charges and delays.

13. Materials, Special Orders, and Product Availability

Customer understands that materials may be delayed, discontinued, backordered, damaged in shipment, unavailable, or subject to manufacturer changes. Affordable Contracting, Inc. is not responsible for delays, price increases, or changes caused by manufacturers, suppliers, distributors, freight companies, or market conditions.

Special-order, custom, fabricated, modified, or non-returnable materials must be paid for by Customer and may not be cancelled, returned, or credited except as allowed by the supplier and accepted in writing by Affordable Contracting, Inc.

Materials delivered to the property, stored offsite, ordered for the project, or specially allocated to the project may be invoiced before installation.

14. Owner-Supplied Materials

If Customer supplies materials, fixtures, appliances, tile, flooring, cabinets, hardware, plumbing fixtures, lighting, or other items, Customer is solely responsible for correct product selection, product quality, quantity, delivery timing, missing parts, damage, defects, compatibility, warranty, code compliance, installation instructions, and delays caused by the item.

Affordable Contracting, Inc. does not warrant owner-supplied materials. If owner-supplied materials cause delay, require additional labor, require modification, are defective, are missing parts, do not fit, or are unsuitable, Customer agrees to pay the additional cost.

15. Schedule and Delays

Project schedules are estimates and are not guaranteed unless expressly stated in writing. Customer understands that construction schedules may be affected by weather, permitting, inspections, material delays, labor availability, subcontractor availability, vendor delays, customer selections, customer changes, customer nonpayment, hidden conditions, utility delays, engineering delays, insurance or mortgage company delays, illness, emergencies, accidents, safety concerns, acts of God, storms, hurricanes, floods, fire, government action, supply-chain issues, or other events beyond Affordable Contracting, Inc.’s control.

Affordable Contracting, Inc. is not liable for damages, inconvenience, loss of use, additional housing costs, lost income, financing costs, business interruption, storage costs, emotional distress, or consequential damages caused by delay.

16. Work Hours, Access, Site Control, Safety, Dust, and Noise

Unless otherwise agreed, work may be performed during normal business hours. Affordable Contracting, Inc. has discretion over means, methods, sequencing, scheduling, staffing, subcontractors, vendors, and site coordination.

Customer may not direct Affordable Contracting, Inc.’s employees, subcontractors, suppliers, or vendors. Customer must communicate project requests, concerns, or changes directly to Affordable Contracting, Inc.’s authorized project representative.

Customer agrees not to enter active work areas unless authorized. Construction areas may contain tools, equipment, debris, dust, sharp objects, exposed framing, open walls, electrical hazards, trip hazards, wet surfaces, adhesives, chemicals, ladders, and other dangers.

Customer is responsible for keeping children, pets, guests, tenants, occupants, and unauthorized persons away from work areas. Remodeling and construction create dust, noise, vibration, odors, debris, fumes, temporary inconvenience, and disruption. Affordable Contracting, Inc. will use reasonable construction practices, but dust and debris cannot be fully eliminated.

17. Warranty

Affordable Contracting, Inc. warrants that its labor will be performed in a workmanlike manner consistent with applicable industry standards for the type of work performed. Unless a longer written warranty is expressly provided, Affordable Contracting, Inc.’s labor warranty is limited to one year from substantial completion.

Manufacturer warranties, if any, are provided by the manufacturer and not by Affordable Contracting, Inc. Customer’s rights regarding products, materials, fixtures, appliances, cabinets, flooring, tile, countertops, plumbing fixtures, electrical fixtures, hardware, and other goods are limited to the applicable manufacturer warranty.

Affordable Contracting, Inc.’s warranty does not cover owner-supplied materials, normal wear and tear, abuse, misuse, neglect, lack of maintenance, damage caused by water intrusion, storms, floods, leaks, humidity, mold, pests, termites, animals, settlement, structural movement, acts of God, other contractors, customer-performed work, modified materials, cosmetic variation in natural materials, cracking caused by normal building movement, maintenance items, products outside our scope, or work for which Customer has not paid in full.

Warranty service may be suspended or denied if Customer has an unpaid balance.

18. Notice of Claim and Opportunity to Inspect

Customer must notify Affordable Contracting, Inc. in writing of any alleged defect, damage, deficiency, or warranty claim immediately upon discovery and before hiring others to repair, alter, demolish, or inspect the work, except in a true emergency.

Affordable Contracting, Inc. must be given a reasonable opportunity to inspect, document, test, and, where appropriate, repair the alleged condition. If Customer denies access, performs repairs, alters the work, destroys evidence, or hires others before Affordable Contracting, Inc. has a reasonable opportunity to inspect, Customer waives claims against Affordable Contracting, Inc. to the fullest extent allowed by law.

19. Limitation of Liability and Indemnification

To the fullest extent permitted by law, Affordable Contracting, Inc. is not liable for indirect, incidental, consequential, special, punitive, emotional-distress, loss-of-use, lost-profit, business-interruption, financing, storage, temporary housing, inconvenience, or similar damages.

To the fullest extent permitted by law, Affordable Contracting, Inc.’s total liability for any claim relating to the project shall not exceed the amount actually paid by Customer to Affordable Contracting, Inc. for the specific portion of work giving rise to the claim.

Customer agrees to indemnify, defend, and hold harmless Affordable Contracting, Inc., its owners, officers, employees, agents, subcontractors, vendors, and suppliers from claims, damages, losses, costs, expenses, attorney’s fees, liabilities, fines, or penalties arising out of Customer’s breach, failure to pay, inaccurate information, failure to disclose known conditions, owner-supplied materials, customer-directed work, work performed by others, pre-existing conditions, hazardous materials, unauthorized entry into work areas, or claims by occupants, tenants, guests, invitees, family members, pets, neighbors, associations, mortgage companies, insurance companies, or other third parties not caused by Affordable Contracting, Inc.’s negligence.

20. Photos, Videos, Marketing, and Documentation

Customer authorizes Affordable Contracting, Inc. to take photos and videos of the project, work areas, materials, progress, concealed conditions, completed work, and related construction details for documentation, quality control, insurance, estimating, training, legal, collection, marketing, website, social media, portfolio, and business purposes.

Affordable Contracting, Inc. will not intentionally publish Customer’s personal financial information. Customer may request in writing that identifying information such as names, addresses, family photos, documents, license plates, or security-sensitive information be excluded from public marketing use.

Project photos and videos remain the property of Affordable Contracting, Inc.

21. Electronic Communications, Cancellation, Termination, and Suspension

Customer agrees that emails, text messages, portal approvals, digital signatures, electronic initials, online forms, payment confirmations, and other electronic communications may be used to approve contracts, change orders, selections, invoices, schedules, and project decisions.

Customer may not cancel work after materials are ordered, labor is scheduled, permits are submitted, subcontractors are committed, or work has begun without responsibility for all costs incurred, including materials, labor, restocking fees, administrative time, overhead, profit, design time, permit costs, vendor charges, cancellation fees, and scheduling losses, except where a nonwaivable statutory cancellation right applies.

Affordable Contracting, Inc. may suspend or terminate work if Customer fails to pay, interferes with the work, creates unsafe conditions, refuses access, refuses required approvals, materially changes the scope without approval, hires others to alter the work, breaches the contract, or if concealed or hazardous conditions make continuation unsafe or impractical.

Termination or suspension does not waive Affordable Contracting, Inc.’s right to payment, lien rights, damages, attorney’s fees, or collection costs.

Certain transactions may include Florida statutory cancellation or rescission rights depending on the structure, financing status, location, and circumstances of the agreement. Any required cancellation notice provided with a specific contract controls where applicable.

22. No Waiver, Force Majeure, Disputes, Venue, and Attorney’s Fees

Affordable Contracting, Inc.’s failure to enforce any contract provision, payment deadline, lien right, warranty limitation, or remedy does not waive the right to enforce that provision later. Acceptance of partial payment does not waive the remaining balance or any rights.

Affordable Contracting, Inc. is not responsible for delay, increased cost, damage, or inability to perform caused by events beyond its reasonable control, including weather, storms, hurricanes, floods, fires, acts of God, labor shortages, supplier delays, material shortages, utility interruptions, governmental action, permitting delays, inspection delays, disease, accidents, transportation delays, war, civil unrest, market disruption, or other circumstances beyond Affordable Contracting, Inc.’s control.

Customer and Affordable Contracting, Inc. agree to first attempt in good faith to resolve disputes informally. If a dispute cannot be resolved, any lawsuit, lien enforcement action, collection action, arbitration, mediation, or legal proceeding shall be governed by Florida law. Venue shall be in the county where the project is located or where Affordable Contracting, Inc.’s principal office is located, unless otherwise required by law.

To the fullest extent permitted by law, the prevailing party in any dispute, collection action, lien action, arbitration, mediation, lawsuit, or enforcement proceeding is entitled to recover attorney’s fees, court costs, expert fees, consultant fees, filing fees, lien costs, collection costs, and other costs of enforcement.

If any provision of these Terms & Conditions is found invalid, illegal, or unenforceable, the remaining provisions remain valid and enforceable to the fullest extent allowed by law.

23. Customer Acknowledgment and Signature

Customer acknowledges and agrees that:

1. Customer has read and understands these Terms & Conditions;
2. Customer has had the opportunity to ask questions before signing or approving;
3. Customer understands the scope, price, exclusions, payment schedule, and change order process;
4. Customer understands that remodeling and construction may involve unknown conditions, delays, dust, noise, inconvenience, and additional costs;
5. Customer understands that unpaid amounts may result in suspension, collection, attorney involvement, and lien rights where permitted by law;
6. Customer agrees to pay all amounts due under the contract, approved change orders, invoices, and these Terms & Conditions.