Terms of Service

Introduction

These Terms of Service ("Terms") govern the relationship between Masonry Contractors of Bloomington, IL ("we," "us," "our," or "Company") and you ("Client," "you," or "your") regarding the provision of masonry services and related materials. By requesting an estimate, accepting a proposal, signing a contract, or engaging our services in any capacity, you agree to be bound by these Terms. If you do not agree to these Terms, please do not engage our services.

1. Scope of Services

Masonry Contractors of Bloomington provides commercial and residential masonry services, including but not limited to:

• New construction masonry (brick, block, stone installations)
• Repair and restoration of existing masonry
• Tuckpointing and repointing
• Chimney rebuilds and repairs
• Outdoor living spaces and hardscapes
• Concrete work and foundations
• Specialized masonry projects as agreed upon in writing

The specific scope of work for your project will be detailed in a written proposal or contract. Any work outside the agreed-upon scope will require a change order and additional cost estimate before proceeding.

2. Estimates and Proposals

Free Estimates: We provide free written estimates for masonry projects. Estimates are valid for 30 days from the date of issue unless otherwise specified. Estimates are based on the information provided at the time of the site visit and may change if site conditions, material availability, or project scope changes.

Proposal Acceptance: Our proposals outline the scope of work, materials, timeline, and cost. Acceptance of a proposal constitutes agreement to the terms and conditions outlined therein. We reserve the right to decline any project or proposal.

Accuracy: While we make every effort to provide accurate estimates, final costs may vary based on unforeseen site conditions, material price fluctuations, or changes in project scope. Any significant variations will be communicated to you in writing before work proceeds.

3. Payment Policies

Payment Schedule: Our standard payment terms are as follows:

• 50% deposit upon contract signing to secure project date and materials
• 50% final payment upon project completion and customer acceptance

Alternative payment arrangements may be negotiated for larger projects. These will be specified in the project contract.

Accepted Payment Methods: We accept checks, bank transfers, credit cards (with applicable processing fees), and other mutually agreed-upon payment methods.

Late Payment: Invoices are due upon receipt unless otherwise specified. Payment not received within 30 days of invoice date will accrue a late fee of 1.5% per month (18% annually) or the maximum rate allowed by Illinois law, whichever is less. We reserve the right to suspend work on projects with overdue balances.

Change Orders: Any work outside the original scope requires a written change order signed by both parties before work begins. Change orders will specify additional costs and timeline adjustments. No additional work will be performed without prior written authorization.

4. Warranty Information

Workmanship Guarantee: Masonry Contractors of Bloomington guarantees all workmanship against defects in materials and labor for a period of one (1) year from the date of project completion. This guarantee covers defects directly resulting from our workmanship and applies under normal use and maintenance conditions.

Material Warranties: All materials used are warranted by their respective manufacturers. We will provide you with applicable manufacturer warranties upon request. Manufacturer warranties supersede any claims we might otherwise make regarding materials.

Exclusions: The workmanship guarantee does not cover:

• Damage resulting from improper maintenance or use
• Normal wear and tear
• Damage from extreme weather events or natural disasters
• Damage resulting from modifications made without our knowledge or approval
• Damage from settlement or structural movement not caused by our work
• Cosmetic issues that do not affect structural integrity or functionality

Warranty Claims: To file a warranty claim, notify us in writing within 30 days of discovering the defect. We will inspect the work and determine whether the claim falls within warranty coverage. If covered, we will make repairs at no additional cost to you.

5. Liability and Limitations

Limitation of Liability: To the maximum extent permitted by law, Masonry Contractors of Bloomington's total liability for any claim arising out of or related to these services shall not exceed the total amount paid by the Client for the specific project in question.

Disclaimer of Consequential Damages: In no event shall Masonry Contractors of Bloomington be liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of use, or loss of data, even if advised of the possibility of such damages.

Insurance: Masonry Contractors of Bloomington maintains comprehensive general liability and workers' compensation insurance. We will provide proof of insurance upon request. Clients are responsible for their own property insurance and should maintain adequate coverage during project execution.

Site Safety: While we maintain safe work practices and comply with applicable OSHA regulations, the Client is responsible for ensuring the safety of third parties on the property and for maintaining homeowner's or commercial property insurance that covers potential incidents on the site.

6. Intellectual Property Rights

Project Documentation: All proposals, estimates, plans, photographs, and other project documentation created by Masonry Contractors of Bloomington remain our property unless otherwise agreed in writing. Clients may use such documentation for the purposes of their specific project only.

Before and After Photos: We reserve the right to photograph completed work for portfolio, marketing, and reference purposes. If you prefer that photos of your project not be used publicly, please notify us in writing at the time of contract signing.

Design and Specifications: Designs, specifications, and technical information provided by us for your project are developed specifically for your property and may not be used for other projects without our written consent and appropriate compensation.

7. Client Responsibilities

Access and Utilities: The Client agrees to provide safe and unobstructed access to the project site. The Client is responsible for locating and marking all underground utilities (electrical, gas, water, etc.) before work begins. If you are unsure of utility locations, contact your local utility locating service (Call 811 in Illinois).

Property Condition: The Client is responsible for disclosing any known property defects, hazardous materials, or site conditions that may affect the project. Failure to disclose such information may result in additional costs or project delays.

Permits and Approvals: Unless otherwise specified in the contract, the Client is responsible for obtaining all necessary building permits, zoning approvals, and homeowner association approvals. We will assist with technical information as needed but will not assume permit responsibility unless contractually agreed.

Site Maintenance: The Client agrees to maintain a safe work environment and to remove any hazards that may impede our work. The Client is responsible for protecting landscaping, vehicles, and other property from potential damage during construction.

Payment Obligation: The Client agrees to make all payments on the agreed-upon schedule and to provide accurate contact information and billing details.

8. Dispute Resolution

Communication: If you have concerns about our work, please notify us in writing within 30 days of project completion. We will investigate the concern and work with you to resolve it promptly.

Mediation: If a dispute cannot be resolved through direct communication, both parties agree to attempt mediation before pursuing legal action. The cost of mediation will be shared equally.

Arbitration: Any disputes arising from these Terms or the services provided shall be resolved through binding arbitration in McLean County, Illinois, in accordance with the American Arbitration Association (AAA) rules. Each party shall bear its own costs unless the arbitrator awards costs to the prevailing party.

Governing Law: These Terms are governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles.

9. Cancellation and Project Delays

Client Cancellation: If the Client cancels a project before work begins, the deposit will be refunded minus a 10% administrative fee. Cancellations after work has commenced will result in payment for all work completed to date plus materials purchased specifically for the project.

Delays: We make every effort to meet agreed-upon timelines. However, weather conditions, material delays, unforeseen site conditions, or other circumstances beyond our control may cause project delays. We will communicate anticipated delays as soon as possible and will adjust the timeline accordingly.

Force Majeure: Masonry Contractors of Bloomington shall not be liable for delays or failure to perform resulting from acts of God, severe weather, natural disasters, labor strikes, material shortages, or other circumstances beyond our reasonable control.

10. Site Conduct and Safety

Professional Conduct: Our crews are trained to maintain professional conduct and to treat your property with respect. We maintain clean job sites, properly stage materials, and clean up debris at the end of each workday.

Safety Compliance: We comply with all applicable OSHA safety regulations and maintain appropriate insurance coverage. The Client is responsible for ensuring that third parties (family members, other contractors, etc.) stay clear of active work areas.

Damage Responsibility: While we take precautions to protect surrounding areas, the Client is responsible for insuring against potential damage to landscaping, vehicles, or other property adjacent to the work area. We are not responsible for damage caused by weather, settling, or other natural causes.

11. Modifications and Changes

Change Orders: Any changes to the scope of work, materials, or timeline must be documented in a written change order signed by both the Client and Masonry Contractors of Bloomington before work proceeds. Change orders will specify any cost adjustments and timeline impacts.

Material Substitutions: If specified materials become unavailable, we will notify you and recommend suitable alternatives. Material substitutions require your written approval and may affect the project cost or timeline.

Design Modifications: Design changes requested by the Client after work has begun may incur additional costs and may extend the project timeline. All design modifications must be approved in writing before implementation.

12. Contact Information

For questions about these Terms of Service or to address concerns about our work, please contact us:

13. Entire Agreement

These Terms of Service, together with any written proposal, contract, or change orders, constitute the entire agreement between you and Masonry Contractors of Bloomington regarding the services provided. These Terms supersede any prior discussions, representations, or agreements.

Amendments: No amendment, modification, or waiver of any provision of these Terms shall be effective unless made in writing and signed by both parties.

Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.