LIBERTY BELL BUILDERS LLC - Terms and Conditions
1. Scope of Work
Liberty Bell Builders LLC (“Contractor”) will perform only the work described in the attached estimate, proposal, or contract (“Scope”). Any changes must be approved in writing via a signed change order addendum before work begins. The Scope includes all labor, materials, and services needed to complete the described work.
2. Deposit and Payment Terms
A deposit of 50% is due when the contract is signed. The deposit is applied to the project total and is non-refundable to the fullest extent allowed by law, as it covers scheduling, labor reservation, administrative work, and ordering costs. Progress payments may be required as work is completed. Final payment is due upon substantial completion and before final turnover, unless we agree otherwise in writing.
3. Nonpayment and Suspension of Work
Progress payments and final invoices are due within 15 days of the invoice date. If any payment is overdue, Contractor may provide written notice of nonpayment. If payment is not received within 7 days of such notice, Contractor may suspend or stop work until the account is paid in full. Customer will be responsible for all costs caused by the suspension, including demobilization, remobilization, storage, administrative time, and schedule delays, to the fullest extent allowed by law. Past-due balances may be charged a late fee at the maximum rate allowed by law.
4. Reserved Time, Lost Opportunities, and Cancellation
When Contractor schedules the project, Contractor reserves labor and production capacity and may turn away other work. If the customer cancels, reschedules late, or causes a delay after we have reserved time or ordered materials, the customer is responsible for Contractor’s actual, documented losses tied to that reserved time, including special-order materials, supplier fees, restocking charges, and reasonable lost opportunity costs, to the fullest extent allowed by law. Written cancellation notice is required at least 72 hours before the scheduled start date. 3-day cancellation rights apply where required by law.
5. Change Orders
Extra work requires a signed change order addendum stating the added scope, price, and schedule impact. Both Contractor and Customer must sign this addendum for it to be valid. Verbal requests, approvals, or notices are not binding and will not be recognized as a valid change to the original agreement. If the change order increases the project price, the deposit percentage required for the original project total shall apply to the price increase, and payment for the increase is due upon execution of the change order addendum unless otherwise agreed in writing.
6. Schedule and Delays
Estimated start: ________________ Complete by: ________________ (estimate only). Delays from weather, supplies, inspections, customer actions, or unforeseen conditions extend the schedule without penalty.
7. Customer Responsibilities
Customer must provide site access, safe conditions, utilities, and timely decisions. Customer must secure valuables, pets, and personal property. Customer is responsible for obtaining required permits unless stated otherwise in writing. Delays caused by the customer may result in added charges for remobilization or waiting time.
8. Hidden Conditions
If concealed issues (rot, mold, code violations, utilities, structural damage) are discovered, work stops until a change order addendum is approved. Customer is responsible for resolution costs.
9. Materials
Special orders must be paid for before ordering and are non-returnable except as required by law. Customer is responsible for restocking fees or supplier penalties on changes/cancellations.
10. Warranty
Workmanship warranted for 1 year from completion (or as specified). Excludes wear/tear, misuse, modifications, manufacturer defects. Remedy: repair/replacement at Contractor's option.
11. Liability and Insurance
Contractor is responsible for damage caused by its own negligence. Customer is responsible for site hazards, third parties, pets, and pre-existing conditions. Contractor carries insurance; customer must maintain a valid homeowner's policy.
12. Termination
Written notice required by either party. If terminated, customer pays for all work completed, materials purchased, restocking fees, and losses to date.
13. Attorney Fees
The prevailing party may recover reasonable attorney fees, court costs, and collection expenses in an enforcement action, to the extent allowed by law.
14. Governing Law and Disputes
This agreement is governed by Wisconsin law. Any dispute must be brought in Wisconsin courts. Written notice of any claim is required before any legal action.
REQUIRED LIEN RIGHTS NOTICE (Wis. Stat. § 779.02(2))
As required by the Wisconsin construction lien law, claimant hereby notifies owner that persons or companies performing, furnishing, or procuring labor, services, materials, plans, or specifications for the construction on owner's land may have lien rights on owner's land and buildings if not paid. Those entitled to lien rights, in addition to the undersigned claimant, are those who contract directly with the owner or those who give the owner notice within 60 days after they first perform, furnish, or procure labor, services, materials, plans or specifications for the construction. Accordingly, owner probably will receive notices from those who perform, furnish, or procure labor, services, materials, plans, or specifications for the construction, and should give a copy of each notice received to the mortgage lender, if any.
Payment is due as outlined in the terms of this invoice. Liberty Bell Builders LLC is not responsible for delays or damages caused by weather, material shortages, or circumstances beyond our control. All workmanship is guaranteed as specified in the project agreement. Materials are warranted only to the extent provided by the manufacturer. Any alterations or additional work requested outside the original scope may result in additional charges. Liberty Bell Builders LLC is not liable for any injury, accident, or damage occurring due to the actions, negligence, or misuse of the project area by individuals other than our contractors.
Liberty Bell Builders LLC
Fox Lake WI 53933