TERMS AND CONDITIONS

BHM Construction Services Inc. General Terms and Conditions

1. Scope of Work

BHM Construction Services Inc. (BHM) agrees to perform the work described in the attached contract documents, including all drawings, specifications, and addenda (collectively, the “Contract Documents”). The work shall be performed in a good and workmanlike manner and in accordance with all applicable laws, ordinances, and codes. All statements made in writing by BHM including email and text messages related to expected services are to be included as part of this contract between BHM and the client.

2. Schedule

BHM shall commence work on the Project on the date specified in the Contract Documents and shall complete the work within the time frame specified in the Contract Documents. If BHM fails to complete the work on time, the Owner may be entitled to liquidated damages, as specified in the Contract Documents. 

Scheduling will not be started until a deposit is received by BHM in the amount of 50% of either the total job cost or the estimated cost of materials; Whichever one is higher. 

3. Price and Payment

The Owner agrees to pay BHM the price specified in the Contract Documents. The Owner shall make payments to BHM in accordance with the payment schedule specified in the Contract Documents. 

While BHM will attempt to complete all work before receiving any payment beyond the amount of the initial deposit, BHM reserves the right to require forward payment from the total balance for services rendered in the amount estimated, or an additional payment in the case of a change order.

 

4. Warranty

BHM warrants that all work performed under the Contract Documents will be free from defects in materials and workmanship for a period of one year from the date of completion of the Project. If any defects are discovered during the warranty period, BHM shall repair or replace the defective work at no cost to the Owner.

5. Refund Policy

If a Client accepts or signs an estimate and then terminates the contract prior to the agreed-upon completion date, and more than three days after the date of deposit if before the start date, no refunds will be issued. Refunds will be issued in full if at any point BHM chooses to terminate the contract without cause or with cause, but no fault of the Client.

6. Non-Solicitation of Contractors

The Owner agrees that for a period of two years from the date of completion of the Project, the Owner will not solicit or engage any of BHM’s employees or subcontractors to perform any construction services without BHM’s prior written consent.

7. Arbitration

Any disputes arising out of or in connection with this Contract shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be held in Columbus, Indiana, and the arbitrator’s decision shall be final and binding on both parties.

8. Entire Agreement

This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

9. Severability

If any provision of this Contract is held to be invalid or unenforceable, such provision shall be struck from this Contract and the remaining provisions shall remain in full force and effect.

10. Governing Law

This Contract shall be governed by and construed in accordance with the laws of the State of [State].

11. Waiver

No waiver of any provision of this Contract shall be effective unless in writing and signed by both parties.

12. Web Hosting and Referral

This Terms and Conditions document is web-hosted and referred to via a link on estimates, or available by request via email, in person, or by mail. By accepting or signing an estimate, the Client agrees to the Terms and Conditions.

13. Extra Charge Policy

If the Client makes any changes to the initial estimate after the contract has been signed, or if unexpected repairs are discovered during the course of the project, BHM Construction Services Inc. (BHM) may charge the Client additional fees to cover the cost of the changes or repairs. BHM will provide the Client with a written change order detailing the additional costs before proceeding with any changes or repairs.

The Client agrees that any changes or repairs made without a written change order will be subject to a 10% upcharge.

Examples of changes that may result in extra charges include:

Adding or removing items from the scope of work.
Changing the materials or finishes specified in the contract.
Making changes to the design or layout of the project.
Requesting expedited service.
Examples of unexpected repairs that may result in extra charges include:

Discovering damage to the existing structure that was not apparent at the time of the initial estimate.
Encountering unexpected site conditions, such as underground utilities or hazardous materials
Needing to make changes to the project in order to comply with building codes or other regulations.
The Client agrees to pay BHM for any extra charges incurred as a result of changes or unexpected repairs.

14. Liability Waiver

BHM Construction Services Inc. (BHM) shall not be liable for any delays, damages, or losses caused by acts of God, natural disasters, or other events that are beyond BHM’s control. This includes, but is not limited to, the following:

Hurricanes, tornadoes, floods, earthquakes, and other natural disasters.
Strikes, labor disputes, and other disruptions to the supply chain.
Delays in the delivery of materials or equipment.
Unforeseen site conditions, such as underground utilities or hazardous materials.
Changes to building codes or other regulations.
If any of the above events occur, BHM will use its best efforts to minimize the impact on the project. However, BHM reserves the right to extend the project schedule or increase the price of the project to cover the cost of any delays or damages.

The Client agrees to release BHM from any liability for any delays, damages, or losses caused by acts of God.

15. Limitation of Liability

In no event shall BHM Construction Services Inc. (BHM) be liable for any indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with this Contract, even if BHM has been advised of the possibility of such damages.

16. Indemnification

The Client agrees to indemnify and hold BHM harmless from and against any and all claims, losses, damages, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with this Contract, except to the extent caused by the sole negligence or willful misconduct of BHM.

17. Acknowledgement

The Client acknowledges and agrees that they have read, understood, and agree to the Terms and Conditions set forth above.

Privacy Policy for BHM Construction Services Inc

At bhmconstructionservices.com, accessible from https://www.bhmconstructionservices.com, one of our main priorities is the privacy of our visitors. This Privacy Policy document contains types of information that is collected and recorded by bhmconstructionservices.com and how we use it.

If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us. Our Privacy Policy was generated with the help of GDPR Privacy Policy Generator

General Data Protection Regulation (GDPR)

We are a Data Controller of your information.

BHM Construction Services Inc legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Information we collect and the specific context in which we collect the information:

  • BHM Construction Services Inc needs to perform a contract with you
  • You have given BHM Construction Services Inc permission to do so
  • Processing your personal information is in BHM Construction Services Inc legitimate interests
  • BHM Construction Services Inc needs to comply with the law

BHM Construction Services Inc will retain your personal information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our policies.

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. If you wish to be informed what Personal Information we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

  • The right to access, update or to delete the information we have on you.
  • The right of rectification.
  • The right to object.
  • The right of restriction.
  • The right to data portability
  • The right to withdraw consent

Log Files

bhmconstructionservices.com follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and a part of hosting services' analytics. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users' movement on the website, and gathering demographic information.

Cookies and Web Beacons

Like any other website, bhmconstructionservices.com uses "cookies". These cookies are used to store information including visitors' preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users' experience by customizing our web page content based on visitors' browser type and/or other information.

Google DoubleClick DART Cookie

Google is one of a third-party vendor on our site. It also uses cookies, known as DART cookies, to serve ads to our site visitors based upon their visit to www.website.com and other sites on the internet. However, visitors may choose to decline the use of DART cookies by visiting the Google ad and content network Privacy Policy at the following URL – https://policies.google.com/technologies/ads

Privacy Policies

You may consult this list to find the Privacy Policy for each of the advertising partners of bhmconstructionservices.com.

Third-party ad servers or ad networks uses technologies like cookies, JavaScript, or Web Beacons that are used in their respective advertisements and links that appear on bhmconstructionservices.com, which are sent directly to users' browser. They automatically receive your IP address when this occurs. These technologies are used to measure the effectiveness of their advertising campaigns and/or to personalize the advertising content that you see on websites that you visit.

Note that bhmconstructionservices.com has no access to or control over these cookies that are used by third-party advertisers.

Third Party Privacy Policies

bhmconstructionservices.com's Privacy Policy does not apply to other advertisers or websites. Thus, we are advising you to consult the respective Privacy Policies of these third-party ad servers for more detailed information. It may include their practices and instructions about how to opt-out of certain options.

You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers' respective websites.

Children's Information

Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.

bhmconstructionservices.com does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.

Online Privacy Policy Only

Our Privacy Policy applies only to our online activities and is valid for visitors to our website with regards to the information that they shared and/or collect in bhmconstructionservices.com. This policy is not applicable to any information collected offline or via channels other than this website.

Consent

By using our website, you hereby consent to our Privacy Policy and agree to its terms.