TERMS AND CONDITIONS

Acceptance of this proposal constitutes agreement to the terms and conditions unless otherwise modified in writing.

1. Payment Terms

A deposit of 20% of the contract price is due upon acceptance of the proposal unless otherwise stated in writing. The remaining balance shall be due upon completion of work unless progress payments are specified in the proposal. Invoices are due upon receipt. Any unpaid balance after 10 days shall accrue a late fee of % of the outstanding balance. The contractor reserves the right to suspend work for non-payment.

 

2. Right to Stop Work

The contractor reserves the right to stop work if payments are not made as required, site conditions become unsafe, contract terms are breached, or access to the work area is restricted. Work will resume only after the issue is resolved and may be subject to a remobilization fee.

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3. Change Orders

Any work outside the original scope must be authorized through a written change order prior to execution. Additional work requested verbally, by, or by field direction may result in additional charges. The contractor is not obligated to perform extra work without written approval.
 

4. Unforeseen Conditions

Construction and excavation projects involve subsurface uncertainty.foreseen conditions may include, but are not limited to, rock or hard material, unsuitable soils, buried debris, groundwater, existing utilities not shown on plans, and access limitations. If such conditions are encountered, additional work may be required and be addressed through a written change order.

 

5. Site Access and Preparation

The owner shall ensure the site is accessible and free of obstructions prior to the commencement of work. Delays caused by restricted access, parked vehicles, or unprepared site conditions may result in additional labor charges and schedule extensions.

 

6. Permits and Approvals

Unless otherwise stated in the proposal, the owner is responsible for obtaining permits, inspections, agency approvals, and engineering documentation. The contractor shall not be responsible for delays caused by permitting or inspections.

 

7. Weather and Site Conditions

Construction activities are dependent on weather and soil conditions. Rain, excessive moisture, unstable soils, or unsafe working conditions may delay work. The contractor reserves the right to suspend operations until safe working conditions return. Such delays shall not be considered contractor delays.

 

8. Equipment Access and Surface Damage

Heavy equipment may cause disturbance to surrounding areas including driveways, landscaping, irrigation lines, and soil surfaces. While reasonable care will be taken, the contractor shall not be responsible for incidental damage caused by normal equipment access unless specifically included in the scope of work.

 

9. Dirt Work and Grading Disclaimer

Grading and earthwork involve soils which may settle, shift, erode, or change over time. The contractor does not guarantee long performance of soils or graded surfaces unless stabilization systems are specifically included in the contract. Maintenance of dirt surfaces is the responsibility of the owner.

 

10. Survey Staking and Layout

The contractor will perform work based on survey staking or plans provided by the owner or project surveyor. Verification, maintenance, and replacement of survey stakes shall remain the responsibility of the owner or surveyor. The contractor shall not be responsible for establishing or verifying survey control.

 

11. Third-Party Damage or Vandalism

The contractor shall take reasonable measures to protect completed work. Once reasonable protective measures are in place and the contractor has left the site, the contractor shall not be responsible for damage caused by third parties, vehicles, animals, vandalism, or acts outside the contractor's control. Repairs under such shall be treated as work.

 

12. Warranty

The contractor warrants workmanship for one (1) year from the date of completion. This warranty does not cover damage caused by improper use, weather events, soil movement, drainage issues outside the contractor's scope, acts of third parties, unsuitable subgrade, groundwater, or conditions outside the contractor control.

 

13. Asphalt and Subgrade Performance Disclaimer

The contractor’s scope includes asphalt placement, grading, base rock placement, and compaction only as listed in this proposal. This proposal does not include geotechnical, testing, compaction testing, pavement design, engineering certification, or subgrade certification unless specifically stated in writing. The contractor warrants only and does not warrant long-term pavement performance, including settlement, cracking, rutting, deflection,-related failure, or pavement movement caused by unsuitable soils, unknown subgrade conditions moisture, groundwater, inadequate existing soils, lack of geotechnical design, or conditions outside the contractor’s scope of work. If unsuitable subgrade, soils, excessive moisture, buried debris, or other unforeseen conditions are encountered, any additional excavation, stabilization, base rock, geotextile fabric, geogrid, drainage correction, testing, or engineering shall be treated as additional work by written change order.

 

14. Delay and Remobilization

If the project is delayed due to owner actions or conditions outside the contractor's control, the contractor reserves the right charge a remobilization fee of $500. Schedule extensions and additional labor costs may apply.

 

15. Lien Rights

The contractor reserves the right to file a mechanic’s lien in accordance with California law for unpaid balances. The owner may request lien waivers upon payment.

 

16. Indemnification

The owner agrees to indemnify and hold harmless Freedom Earthworks LLC from claims, damages, or arising from site conditions, design or engineering errors, third-party actions, or owner-provided information.

 

17. Force Majeure

The contractor shall not be liable for delays caused by events beyond reasonable control including, but not limited to, severe weather, natural disasters, labor strikes, government restrictions, or supply chain disruptions.

 

18. Dispute Resolution

Any dispute arising from this agreement shall first be submitted to mediation. If mediation is unsuccessful, disputes shall be resolved through binding arbitration in the State of California.

 

19. Right to Terminate

The contractor reserves the right to terminate the contract if payment terms are violated, unsafe conditions arise, or the owner interferes with the work. The owner shall be responsible for payment for all work completed to the date of termination.

 

20. Compaction

Testing and Any compaction testing, geotechnical engineering, soils certification, pavement design, or engineering certification required by building authorities, project owner, prime contractor, agency, or shall be the responsibility of the owner unless specifically included in the proposal.

 

21. Acceptance Acceptance of the Castaneda Grading & Excavating proposal constitutes agreement to these Terms and Conditions.