1. Acceptance of Terms
By engaging Wise Choice Custom Homes (“Company,” “we,” “our,” or “us”) for home-building services, you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not proceed with our services. These terms apply to all clients and all projects.
2. Services Scope
Wise Choice Custom Homes provides custom home design and construction services. Our services include project planning, design consultation, material selection, and construction management. The specific scope of services will be detailed in your individual project agreement and contract.
3. Contracts and Agreements
All projects must be documented through a written contract signed by both parties. This contract will outline the scope of work, project timeline, payment terms, and project specifications. In the event of a conflict between these Terms and Conditions and your project contract, the specific provisions of your project contract will take precedence.
4. Payment Terms
Payment terms and schedules will be specified in your project contract. The Company reserves the right to suspend work if payments are not received according to the agreed schedule. All quotes and estimates are valid for thirty (30) days unless otherwise stated.
5. Project Timeline
Project timelines are estimates and are subject to change due to factors beyond our control, including weather, material availability, labor delays, code changes, and unforeseen site conditions. The Company will make reasonable efforts to adhere to agreed-upon schedules and will notify you of any significant delays.
6. Changes to Scope of Work
Any changes to the original project scope must be requested in writing and approved by the Company before implementation. Change orders will be issued documenting any modifications, including impacts on cost and timeline. The Company reserves the right to charge for labor and materials associated with change orders.
7. Site Access and Conditions
You agree to provide safe and unobstructed access to the project site for the Company and its subcontractors, suppliers, and inspectors. You are responsible for ensuring that utilities are clearly marked and accessible. The Company is not liable for damage to existing utilities or structures not disclosed prior to project commencement.
8. Permits and Inspections
The Company will obtain necessary building permits and arrange inspections as required by local authorities. The Client is responsible for any permit fees unless otherwise specified in the project contract. All work must comply with local building codes and regulations.
9. Warranties
The Company warrants that all work will be performed in a professional manner in accordance with industry standards. Specific warranties on materials and workmanship will be detailed in the project contract. The Company is not responsible for defects resulting from client modifications, misuse, improper maintenance, or acts of God. Warranty claims must be reported in writing within thirty (30) days of discovery.
10. Liability and Limitations
The Company’s total liability arising from or relating to this agreement or your engagement of our services shall not exceed the total amount paid under the project contract. In no event shall the Company be liable for indirect, incidental, consequential, special, or punitive damages, including loss of profit or business opportunity.
11. Insurance
The Company maintains general liability insurance. Clients are strongly encouraged to maintain homeowner’s insurance throughout the construction process. The Company is not responsible for loss, theft, or damage to tools, equipment, or materials at the job site.
12. Indemnification
You agree to indemnify and hold harmless the Company from any claims, damages, or expenses arising from your breach of these Terms and Conditions, your negligence, or your violation of applicable laws.
13. Dispute Resolution
In the event of a dispute, both parties agree to attempt to resolve the matter through good faith negotiation. If negotiation fails, disputes may be resolved through mediation or arbitration as provided in the project contract. Disputes shall be governed by the laws of the state in which the property is located.
14. Intellectual Property
All design drawings, plans, specifications, and materials created by the Company remain the Company’s intellectual property. However, clients receive a non-exclusive license to use these materials for the construction and maintenance of their project. Clients may not reproduce or distribute these materials without written permission.
15. Communication
All important communications regarding your project should be documented in writing via email or formal written correspondence. Phone conversations should be followed up in writing for clarity and record-keeping. The Company is not responsible for misunderstandings arising from verbal communication alone.
16. Subcontractors
The Company may engage subcontractors to perform portions of the work. The Company is responsible for the performance and conduct of its subcontractors. However, subcontractors are independent contractors and are not employees of the Company.
17. Site Safety
The Company maintains reasonable safety practices at the job site in accordance with OSHA and local safety regulations. Clients and visitors must comply with all safety requirements and wear appropriate protective equipment. The Company is not liable for injuries resulting from failure to follow safety protocols.
18. Termination
Either party may terminate the contract for cause if the other party materially breaches these Terms and Conditions or the project contract and fails to cure the breach within fourteen (14) days of written notice. Upon termination, the Client is responsible for payment of all work completed to date, plus reasonable costs associated with project closeout.
19. Compliance with Laws
All work shall be performed in compliance with applicable federal, state, and local laws, including building codes, environmental regulations, and labor laws. The Client is responsible for ensuring that project use complies with zoning laws and deed restrictions.
20. Amendments
These Terms and Conditions may be amended by the Company from time to time. Changes will be communicated to clients in writing. Continued engagement of our services after notification of changes constitutes acceptance of the revised terms.
21. Contact Information
For questions regarding these Terms and Conditions or your project, please contact us at info@wcchomes.com.
