Terms & Conditions
1. Scope of Work
The scope of work is defined in the written estimate or invoice provided by PRORAB Construction & Remodeling (“Company”) and accepted by the Client. Any additions, changes, or deviations from the original scope must be approved in writing and may result in additional charges.
2. Payment Terms
A deposit of fifty percent (50%) of the total contract price is due upon acceptance of this Agreement. Work will not begin until the deposit has been received.
The remaining balance is due immediately upon substantial completion of the project.
Any unpaid balance shall accrue interest at the maximum rate allowed under Washington law, not to exceed 1.5% per month (18% annually).
Failure to make payment when due may result in suspension of work and legal action to recover amounts owed, including reasonable collection costs and attorney’s fees as permitted by law.
2a. Deposit and Cancellation
The deposit is applied toward the total contract price and is non-refundable only to the extent of costs actually incurred by the Company. These costs include, but are not limited to, materials purchased, labor performed, scheduling, administrative work, project planning, supplier fees, delivery costs, and project management.
If the Client cancels the project, the Company shall retain the portion of the deposit equal to such incurred costs and refund any remaining balance of the deposit, if applicable.
2b. Construction Lien Notice (Washington State)
In accordance with RCW 60.04, the Company reserves the right to file a construction lien against the Client’s property for unpaid labor, materials, or services provided.
NOTICE TO OWNER:
Under Washington law, contractors, subcontractors, and suppliers who provide labor or materials for the improvement of real property may file a lien against that property if they are not paid. A lien may affect your ability to sell or refinance your property until the debt is resolved.
3. Project Timeline
Any estimated start or completion dates are provided in good faith but are not guaranteed. Delays caused by weather, supply shortages, inspections, material availability, subcontractors, or other circumstances beyond the Company’s control shall not constitute a breach of this Agreement.
4. Warranty and Limitation of Liability
The Company warrants its workmanship for a period of two (2) years from the date of completion. This warranty covers defects in workmanship but does not cover normal wear and tear, misuse, abuse, lack of maintenance, structural movement, or damage caused by third parties or acts of God.
To the fullest extent permitted by Washington law, the Company’s total liability for any claim arising out of this Agreement shall not exceed the amount paid by the Client for the specific work giving rise to the claim.
The Company shall not be liable for indirect, incidental, or consequential damages.
5. Permits and Code Compliance
Unless otherwise agreed in writing, the Client is responsible for obtaining all required permits and approvals. The Client is also responsible for ensuring that any pre-existing conditions comply with applicable building codes.
The Company is not responsible for violations caused by prior work, existing conditions, or undisclosed issues.
6. Site Conditions
The Client shall provide safe and reasonable access to the work area and ensure that utilities (water, electricity, and restroom access) are available at no cost to the Company.
The Client is responsible for protecting personal property and removing fragile or valuable items from the work area.
6a. Photography and Marketing Rights
The Client grants PRORAB Construction & Remodeling the irrevocable right to photograph and video record the work site, the work in progress, and the completed project for documentation, portfolio, marketing, advertising, and promotional purposes.
The Company may publish such photos and videos on its website, social media, advertising platforms, and other marketing materials, provided that the Client’s full name, exact address, and other personally identifying information shall not be disclosed.
This permission survives completion of the project and final payment.
7. Insurance
The Company maintains general liability insurance and workers’ compensation coverage as required by Washington law. The Client is encouraged to notify their homeowner’s insurance carrier of the project.
8. Termination
Either party may terminate this Agreement with three (3) days’ written notice.
If the Client terminates the Agreement, the Client shall be responsible for payment for all work performed, materials purchased, and costs incurred up to the date of termination, including any restocking or cancellation fees.
9. Dispute Resolution and Attorney Fees
The parties agree to attempt to resolve any dispute through good-faith mediation before filing a lawsuit.
Any legal action shall be brought in a court of competent jurisdiction within the State of Washington.
The prevailing party in any legal proceeding shall be entitled to recover reasonable attorney’s fees and costs.
10. Force Majeure
The Company shall not be liable for delays or failure to perform due to events beyond its reasonable control, including but not limited to acts of God, weather, strikes, material shortages, transportation delays, or government actions.
11. Entire Agreement
This Agreement represents the entire understanding between the parties and supersedes all prior discussions, estimates, or agreements, whether written or oral.
12. Final Acceptance and Limited Waiver
Upon final payment, the Client acknowledges that the work has been substantially completed and accepts the work as satisfactory.
The Client waives any claims for known or visible defects existing at the time of final payment. This waiver does not apply to hidden defects, warranty claims, or claims arising from negligence or willful misconduct.
13. Acceptance
By signing or paying the invoice, the Client agrees to be bound by these Terms and Conditions.