Terms and Conditions
Effective Date: [Month Day, Year]
Welcome to BuildwithPRO. These Terms and Conditions govern your use of our
website, requests for estimates or consultations, and general interactions
with BuildwithPRO regarding remodeling, construction, design, repair, and
related services.
In these Terms and Conditions, “BuildwithPRO,” “Company,” “we,” “us,” and
“our” refer to:
Legal Business Name: BuildwithPRO
Virginia Contractor License Number: A Class 2705198667
Business Address: 9990 Fairfax Blvd, ste 560, Fairfax, VA, 22030, USA
Telephone: +1 201 913 2961
Email: info@buildwithPRO.com
“Customer,” “you,” and “your” refer to the property owner, authorized
representative, or other person requesting or purchasing services from
BuildwithPRO.
1. Acceptance of Terms
By using our website, requesting an estimate, scheduling a consultation,
approving a proposal, signing a project agreement, or purchasing services
from BuildwithPRO, you acknowledge that you have read and agree to these
Terms and Conditions.
These general Terms and Conditions do not replace a project-specific written
agreement. If there is a conflict between these Terms and Conditions and a
signed project agreement, the signed project agreement will control.
2. Services
BuildwithPRO provides residential and, where properly licensed and agreed,
commercial construction and remodeling services. Services may include:
- Home additions and structural alterations
- Kitchen and bathroom remodeling
- Basement finishing and renovation
- Decks, patios, porches, pergolas, and outdoor living spaces
- Sunrooms and enclosed living areas
- Interior and exterior renovations
- Design, planning, estimating, and construction coordination
- Repairs, maintenance, and related improvement services
The specific work included in a project will be described in the applicable
proposal, estimate, scope of work, change order, or signed project agreement.
3. Estimates, Proposals, and Consultations
Unless otherwise stated in writing, estimates and proposals are valid for
the period shown on the proposal. If no expiration date is provided, the
proposal will remain valid for 30 days.
An estimate is based on the information reasonably available at the time it
is prepared. It may be adjusted because of changes in material or labor
costs, concealed conditions, inaccurate measurements or information, permit
requirements, engineering requirements, customer selections, or changes in
the requested work.
A consultation, estimate, proposal, drawing, or preliminary discussion does
not require BuildwithPRO to perform the project until a written project
agreement has been signed by both parties and any required deposit has been
received.
BuildwithPRO may charge for consultations, designs, measurements, drawings,
engineering coordination, estimating, or other preconstruction services
when disclosed in advance.
4. Project Agreement
Before residential construction work begins or payment is accepted,
BuildwithPRO and the Customer will enter into a written project agreement
when required by applicable law.
The project agreement may include:
- The project address
- The scope of work
- Materials, products, and allowances
- The contract price
- Deposit and milestone-payment schedule
- Estimated start and completion dates
- Permit and inspection responsibilities
- Change-order procedures
- Customer responsibilities
- Warranty terms
- Cancellation and termination rights
- Required contractor and consumer-protection disclosures
The Customer is responsible for reviewing the project agreement and asking
questions before signing it.
5. Contract Price and Allowances
The contract price covers only the labor, materials, services, and other
items specifically included in the signed project agreement.
Items not specifically included are excluded, even when they may be related
to the project. Excluded work may be added through a written change order.
An allowance is an estimated amount included in the contract price for a
material, fixture, finish, or other item that has not been finally selected.
If the Customer’s final selection exceeds the allowance, the Customer must
pay the difference, including applicable taxes, delivery charges, labor,
overhead, and contractor markup.
If the final selection costs less than the allowance, the Customer will
receive the appropriate credit as stated in the project agreement.
6. Deposits and Milestone Payments
Each project agreement will identify the required deposit and the schedule
of milestone or progress payments.
Unless otherwise stated in the project agreement:
- The initial deposit is due when the project agreement is signed.
- The deposit will be credited toward the total contract price.
-
Progress payments will become due when the applicable construction
milestone has been substantially completed. -
Invoices are due within seven calendar days after delivery unless a
different deadline is stated in the project agreement. -
Final payment is due at substantial completion, subject to any reasonable
amount specifically associated with incomplete punch-list work. -
Minor corrective work or punch-list items do not permit the Customer to
withhold an amount greater than the reasonable value of the unfinished or
disputed work. -
The Customer must pay all undisputed portions of an invoice by the
applicable due date.
Payment milestones may include:
- Contract execution and project scheduling
- Design or permit-document completion
- Material ordering
- Mobilization and demolition
- Foundation, framing, or structural completion
- Rough plumbing, electrical, or mechanical completion
- Drywall, flooring, cabinetry, or finish installation
- Substantial completion
- Final inspection and punch-list completion
A milestone payment is based on completion of the milestone described in
the project agreement and does not necessarily require completion of every
minor detail or punch-list item.
7. Disputed Invoices
The Customer must notify BuildwithPRO in writing of any disputed invoice.
The notice must identify:
- The specific work being disputed
- The reason for the dispute
- The contract provision involved
- The dollar amount being withheld
The Customer must pay the undisputed portion of the invoice by its due date.
The parties will make a good-faith effort to inspect the disputed work and
resolve the matter promptly.
Nothing in this section limits payment, withholding, or notice rights
required by applicable Virginia or federal law.
8. Late Payments and Suspension of Work
Past-due balances may be subject to a late charge or interest at the maximum
rate permitted by applicable law, together with reasonable collection
expenses when legally recoverable.
If a required payment is not received when due, BuildwithPRO may, after
providing written notice:
- Suspend work
- Delay material purchases or deliveries
- Remove the project from the active schedule
- Extend the estimated completion date
-
Terminate the project agreement as permitted by its terms and applicable
law - Exercise available collection or lien rights
BuildwithPRO will not be responsible for schedule delays, material price
increases, remobilization expenses, or other costs caused by the Customer’s
failure to make a required payment.
9. Payment Methods
BuildwithPRO may accept payment by check, electronic transfer, credit card,
financing provider, or another approved method.
Any credit-card, financing, electronic-payment, or processing fee will be
disclosed before the transaction and charged only when permitted by
applicable law.
Payments should be made only to BuildwithPRO through an authorized payment
method. BuildwithPRO is not responsible for payments sent to an unauthorized
person or account when the Customer failed to verify suspicious or changed
payment instructions.
10. Customer Financing
Any financing arrangement is between the Customer and the financing provider
unless BuildwithPRO expressly agrees otherwise in writing.
The Customer’s financing approval, loan processing, appraisal, or release of
funds does not change the Customer’s payment obligations under the signed
project agreement unless BuildwithPRO agrees to the change in writing.
Failure to obtain financing does not automatically cancel a signed project
agreement.
11. Changes to the Work
Any change affecting the cost, materials, scope of work, construction
method, or estimated completion date must be documented in a written change
order signed or electronically approved by BuildwithPRO and the Customer.
Change orders may result from:
- Customer-requested additions or revisions
- Building-code or inspection requirements
- Architectural or engineering requirements
- Concealed or unforeseen conditions
- Material discontinuation or unavailability
- Incorrect information supplied by the Customer
- Work performed by others
-
Conditions that could not reasonably have been identified before
construction
BuildwithPRO is not required to perform changed or additional work until the
change order has been approved and any required payment has been received.
Oral requests, conversations with workers or subcontractors, and informal
site discussions do not modify the project agreement.
12. Customer Selections
The Customer must make material, color, fixture, appliance, and finish
selections by the deadlines provided by BuildwithPRO.
Late or changed selections may affect:
- Product availability
- Material costs
- Labor costs
- Permit documents
- Delivery schedules
- Installation dates
- Project completion
BuildwithPRO may extend the project schedule and issue a change order for
costs resulting from delayed or changed selections.
13. Materials and Product Availability
Material prices, availability, production times, and delivery dates may
change without notice because of manufacturer, distributor, transportation,
market, or supply-chain conditions.
When a specified product becomes unavailable, discontinued, delayed, or
commercially unreasonable to obtain, BuildwithPRO may propose a reasonably
comparable substitute.
Any material change in price, appearance, performance, or scope must be
documented through a written change order when required.
Natural products such as wood and stone may contain variations in color,
grain, texture, pattern, and appearance. These natural variations are not
defects.
14. Customer-Supplied Materials
BuildwithPRO is not responsible for the quality, suitability, completeness,
compatibility, availability, delivery, or warranty of materials, fixtures,
appliances, or equipment supplied by the Customer.
The Customer is responsible for ensuring that customer-supplied products:
- Arrive before the required installation date
- Are undamaged and complete
- Meet applicable building-code and installation requirements
- Are compatible with the project design and surrounding construction
- Include all required components and installation instructions
Additional labor, delay, return visits, storage, modification, or replacement
caused by customer-supplied materials may result in a change order.
BuildwithPRO does not warrant customer-supplied products.
15. Permits, Inspections, and Approvals
Permit responsibilities will be identified in the project agreement.
When BuildwithPRO is responsible for permits, we will make reasonable efforts
to prepare and submit the required applications and coordinate applicable
inspections.
Permit issuance, plan approval, inspection approval, zoning approval,
historic-district approval, utility approval, and approval by other
governmental authorities are controlled by those authorities and cannot be
guaranteed.
Unless specifically included in writing, the contract price does not include:
- Architectural or engineering services
- Land surveys
- Zoning variances
- Special exceptions
- Historic-district approvals
- Utility relocation
- Environmental testing
- Homeowners’ association applications or fees
- Governmental impact, review, or special inspection fees
The Customer is responsible for providing accurate property information,
surveys, plats, easements, association rules, and other documents reasonably
required for the project.
16. Homeowners’ Association Requirements
The Customer is responsible for obtaining homeowners’ association,
condominium association, cooperative, landlord, or other private approvals
unless the project agreement states otherwise.
Association approval does not replace required building, zoning, trade, or
other governmental permits.
BuildwithPRO is not responsible for delays, redesign costs, or rejection
caused by association requirements that were not disclosed before the
project agreement was signed.
17. Site Access and Customer Responsibilities
The Customer must provide BuildwithPRO, its employees, subcontractors,
suppliers, inspectors, and authorized representatives with reasonable access
to the project site during normal working hours and at other agreed times.
The Customer is responsible for:
-
Providing access to water, electricity, restrooms, parking, and work areas
when required - Removing or protecting personal property
- Securing valuables and fragile items
- Keeping children, guests, and pets away from construction areas
-
Providing accurate information about utilities, property lines, easements,
and concealed conditions - Maintaining property insurance
-
Informing BuildwithPRO of alarms, security systems, access restrictions,
and special site rules - Preventing other contractors from interfering with BuildwithPRO’s work
BuildwithPRO is not responsible for delays or additional costs caused by
restricted access or unsafe site conditions.
18. Construction Conditions
Construction and remodeling may involve noise, dust, vibration, odors,
temporary utility interruptions, restricted access, exposed surfaces,
equipment, material storage, and other normal inconveniences.
BuildwithPRO will use reasonable care to protect areas near the work. Unless
specifically included in the scope, BuildwithPRO does not guarantee that the
project site will remain free from all dust, debris, vibration, or temporary
disruption.
The Customer should remove or protect artwork, electronics, furniture,
valuables, and fragile items near the construction area.
19. Concealed and Unforeseen Conditions
The contract price is based on conditions that are visible or reasonably
discoverable before work begins.
Concealed or unforeseen conditions may include:
- Water or moisture damage
- Mold or microbial growth
- Asbestos, lead, or hazardous materials
- Insect or termite damage
- Rot or structural deterioration
- Improper prior construction
- Hidden utilities
- Soil or drainage conditions
- Underground obstructions
- Code violations
- Inadequate electrical, plumbing, mechanical, or structural systems
-
Conditions concealed behind walls, ceilings, floors, foundations, or
finishes
Work required because of concealed or unforeseen conditions is not included
unless specifically stated.
BuildwithPRO may stop affected work until the parties approve a written
change order or obtain required professional evaluations.
20. Hazardous Materials
Unless specifically included in writing, BuildwithPRO does not perform
testing, assessment, removal, remediation, transportation, or disposal of
asbestos, lead, mold, contaminated soil, hazardous chemicals, or other
regulated substances.
If suspected hazardous materials are discovered, BuildwithPRO may suspend
work in the affected area. The Customer may be required to retain a properly
licensed environmental professional before work resumes.
Resulting delays and costs may extend the project schedule and require a
change order.
21. Work by Others
BuildwithPRO is not responsible for work performed by the Customer or by
contractors, vendors, installers, designers, engineers, or other parties not
hired and controlled by BuildwithPRO.
The Customer must coordinate third-party work with BuildwithPRO.
Interference, damage, delays, or rework caused by others may result in
additional charges and schedule extensions.
BuildwithPRO may refuse to connect to, cover, rely upon, or continue work
over noncompliant or defective work performed by others.
22. Project Schedule and Delays
Start and completion dates are estimates unless the project agreement
expressly states that a date is guaranteed.
BuildwithPRO is not responsible for reasonable delays caused by circumstances
beyond its control, including:
- Severe or unsuitable weather
- Governmental review or inspection delays
- Permit or utility delays
- Material shortages or delivery delays
- Labor shortages
- Strikes or transportation interruptions
- Customer-requested changes
- Delayed Customer decisions or selections
- Concealed conditions
- Acts or omissions of the Customer or third parties
- Fire, flood, casualty, epidemic, public emergency, or natural disaster
- Manufacturer or supplier delays
- Conditions affecting worker or site safety
- Other events that BuildwithPRO could not reasonably prevent
Such delays do not constitute abandonment of the project. The estimated
completion date will be extended by the period reasonably required to
address the delay and its effects.
23. Subcontractors and Suppliers
BuildwithPRO may use properly qualified subcontractors, trade professionals,
vendors, and suppliers to perform portions of the work.
BuildwithPRO will coordinate subcontracted work within the scope of the
project agreement. The Customer may not direct, hire, terminate, or
separately negotiate with BuildwithPRO’s subcontractors regarding contracted
work without BuildwithPRO’s written authorization.
24. Substantial Completion and Punch List
Substantial completion occurs when the project or applicable portion of the
project is sufficiently complete and safe for its intended use, even though
minor corrective or finishing items may remain.
At substantial completion, BuildwithPRO and the Customer may prepare a
written punch list.
Punch-list work does not include:
- New work not included in the contract
- Customer preference changes
- Damage caused by the Customer or others
- Normal product characteristics or tolerances
- Work made necessary by concealed conditions
- Warranty claims unrelated to installation
Final payment will be due according to the project agreement. BuildwithPRO
will complete legitimate punch-list items within a commercially reasonable
period, considering material availability, inspections, access, and
scheduling.
25. Cleaning and Debris
BuildwithPRO will provide construction cleaning only to the extent stated in
the project agreement.
Construction cleaning generally means removing project-generated debris and
leaving the work area in a broom-clean condition.
It does not necessarily include professional housekeeping, detailed window
cleaning, air-duct cleaning, pressure washing, landscaping restoration, or
cleaning areas outside the construction zone unless specifically included.
26. Warranties
Any BuildwithPRO workmanship warranty will be described in the signed
project agreement or separate written warranty document.
Manufacturer warranties are provided by the applicable manufacturer and are
subject to the manufacturer’s terms, exclusions, registration requirements,
and claim procedures.
Unless otherwise stated in writing, warranties do not cover:
- Normal wear and tear
- Normal settlement, expansion, contraction, or movement
- Improper use, abuse, neglect, or lack of maintenance
- Damage caused by water intrusion unrelated to BuildwithPRO’s work
- Damage caused by storms, flooding, fire, pests, or casualty
- Customer-supplied materials
- Work altered or repaired by others
- Preexisting conditions
- Manufacturer defects
- Color, grain, texture, or other natural product variations
-
Damage resulting from the Customer’s failure to maintain appropriate
temperature, humidity, drainage, ventilation, or moisture control
Warranty claims must be submitted in writing and include reasonable details,
photographs when available, and access for inspection.
27. Cancellation by the Customer
The Customer’s cancellation rights will be governed by the signed project
agreement and applicable law.
Where a statutory right to cancel applies, BuildwithPRO will provide the
required cancellation notice and form. Nothing in these Terms and Conditions
limits a cancellation right that cannot legally be waived.
After any applicable cancellation period has expired, the Customer may be
responsible for costs already incurred, including:
- Design and preconstruction services
- Permit and application expenses
- Engineering or professional fees
- Materials ordered or delivered
- Custom or nonreturnable products
- Supplier cancellation or restocking charges
- Labor already performed
- Demobilization and administrative costs
- Other documented commitments made for the project
Any refund will be calculated according to the project agreement and
applicable law.
28. Termination by BuildwithPRO
BuildwithPRO may suspend or terminate a project agreement as permitted by
applicable law when the Customer:
- Fails to make a required payment
- Denies reasonable site access
- Creates or permits an unsafe condition
- Materially interferes with the work
- Directs unlawful or noncompliant work
- Fails to provide required decisions, selections, approvals, or information
- Makes a material misrepresentation
- Otherwise materially breaches the project agreement
The Customer will remain responsible for work completed, materials ordered,
commitments made, and reasonable suspension, protection, demobilization,
storage, cancellation, and collection costs.
29. Insurance and Risk of Loss
BuildwithPRO will maintain insurance required by applicable law and its
license classification.
The Customer is responsible for maintaining appropriate homeowners’,
property, casualty, and liability insurance throughout the project. The
Customer should notify the insurance carrier before construction begins when
required by the policy.
Unless caused by BuildwithPRO’s negligence or willful misconduct,
BuildwithPRO is not responsible for loss or damage caused by theft,
vandalism, weather, casualty, preexisting conditions, or risks ordinarily
covered by property insurance.
30. Photographs and Project Documentation
BuildwithPRO may photograph or record project conditions for estimating,
design, documentation, quality control, safety, progress tracking, dispute
resolution, and warranty purposes.
BuildwithPRO will not publicly use photographs that clearly identify the
Customer, property address, personal information, or private living
conditions without appropriate permission.
Any use of project photographs for advertising, portfolio, website, or
social-media purposes will be subject to the Customer’s authorization when
required.
31. Drawings and Intellectual Property
Unless otherwise agreed in writing, drawings, renderings, specifications,
estimates, proposals, layouts, designs, photographs, and other materials
prepared by BuildwithPRO remain the intellectual property of BuildwithPRO.
The Customer receives a limited right to use paid project documents for the
specific project and property for which they were prepared.
The Customer may not sell, publish, reproduce, transfer, or use
BuildwithPRO’s designs for another project or contractor without written
authorization.
32. Website Information
Information on the BuildwithPRO website is provided for general
informational and promotional purposes.
Website descriptions, photographs, estimated price ranges, timelines,
articles, and examples do not constitute a binding proposal, warranty, or
project agreement.
Actual project costs and schedules depend on site conditions, scope,
selections, permits, labor, materials, and other project-specific factors.
BuildwithPRO may update or correct website content at any time.
33. Third-Party Links and Services
Our website may contain links to manufacturers, suppliers, financing
providers, social-media platforms, mapping services, or other third-party
websites.
BuildwithPRO does not control and is not responsible for third-party content,
privacy practices, availability, pricing, products, warranties, or services.
34. Electronic Communications and Signatures
The Customer agrees that BuildwithPRO may communicate through email,
telephone, text message, customer portal, electronic-signature platform, or
other agreed electronic methods.
Electronic signatures, approvals, change orders, notices, and records may be
treated as written communications to the extent permitted by applicable law.
The Customer is responsible for providing accurate contact information and
notifying BuildwithPRO of changes.
Marketing text messages or emails will be sent only as permitted by
applicable law and applicable consent requirements.
35. Limitation of Liability
To the maximum extent permitted by applicable law, BuildwithPRO will not be
liable for indirect, incidental, special, exemplary, punitive, or
consequential damages, including loss of use, loss of income, loss of
business, or loss of anticipated savings.
BuildwithPRO’s responsibility for direct property damage will be limited to
damage caused by BuildwithPRO’s negligence, breach of contract, or willful
misconduct, subject to the terms of the project agreement and applicable law.
Nothing in these Terms excludes or limits liability that cannot legally be
excluded or limited.
36. Dispute Resolution
The Customer must provide BuildwithPRO with written notice describing any
claim or dispute and allow a reasonable opportunity to inspect and, when
appropriate, correct the disputed work.
The parties agree to first attempt to resolve disputes through good-faith
discussion.
If the dispute cannot be resolved informally, the parties may agree to
nonbinding mediation before filing a lawsuit. Unless the project agreement
provides otherwise, mediation costs will be shared equally.
Nothing in this section prevents either party from:
- Pursuing a valid mechanic’s lien or payment claim
- Seeking emergency injunctive relief
- Filing a claim within an applicable statute of limitations
- Exercising a nonwaivable consumer right
- Contacting an applicable licensing or governmental authority
37. Governing Law and Venue
These Terms and Conditions and any project performed in Virginia will be
governed by the laws of the Commonwealth of Virginia, without regard to
conflict-of-law principles.
Unless the signed project agreement provides otherwise or applicable law
requires a different venue, legal proceedings must be brought in a court
with jurisdiction over the Virginia locality where the project property is
located.
Projects outside Virginia will be subject to the mandatory laws and
licensing requirements of the jurisdiction where the work is performed.
38. Privacy
BuildwithPRO’s collection and use of personal information is governed by its
Privacy Policy.
Information may be collected when a Customer:
- Submits a website form
- Requests an estimate
- Schedules a consultation
- Signs a proposal or contract
- Makes a payment
- Communicates by email, telephone, or text
- Participates in a project
Please review the BuildwithPRO Privacy Policy for additional information.
39. No Waiver
A party’s failure to enforce a provision of these Terms or a project
agreement does not waive the right to enforce that provision later.
A waiver is effective only when made in writing by an authorized
representative.
40. Severability
If any provision of these Terms and Conditions is found invalid or
unenforceable, that provision will be modified or limited to the minimum
extent necessary, and the remaining provisions will continue in effect.
41. Assignment
The Customer may not assign or transfer a project agreement without
BuildwithPRO’s written consent.
BuildwithPRO may assign administrative, payment-processing, warranty, or
other contractual rights and may engage qualified subcontractors to perform
portions of the work, subject to applicable law.
42. Entire Agreement
These Terms and Conditions, together with the signed project agreement,
approved proposal, scope of work, drawings, specifications, allowances,
change orders, warranty documents, and incorporated attachments, constitute
the agreement between BuildwithPRO and the Customer regarding the applicable
project.
Statements, representations, or promises not included in the written
documents are not binding.
43. Updates to These Terms
BuildwithPRO may update these website Terms and Conditions periodically.
Changes will become effective when the revised Terms are posted with a new
effective date.
Changes to website Terms will not retroactively modify an existing signed
project agreement unless both parties agree in writing.
44. Contact Information
Questions regarding these Terms and Conditions may be directed to:
BuildwithPRO
BuildwithPRO
9990 fairfax Blvd, Ste 560
Fairfax, VA, 22153
Phone: +1 201 913 2961
Email: info@buildwithpro.com
info@buildwithpro.com
Website:
https://www.buildwithpro.com
This page provides general website terms and does not replace a
project-specific construction agreement. Each project should be governed
by a separate written contract containing the applicable scope, price,
payment schedule, dates, warranty provisions, cancellation rights, and
legally required notices.