Terms of Service

By engaging Ergon Builders LLC ("Company," "we," "us," or "our") for construction services, you ("Client," "you," or "your") agree to be bound by these Terms of Service. These terms constitute a legally binding agreement between you and Ergon Builders.

Your acceptance of a proposal, signing of a construction contract, or commencement of any project work constitutes your agreement to these terms. If you do not agree with any part of these terms, please do not engage our services.

These Terms of Service supplement, but do not replace, any specific construction contract executed between you and Ergon Builders for individual projects.

Ergon Builders provides luxury residential and commercial construction services throughout Connecticut, including but not limited to:

**Residential Services:** • Custom home construction and ground-up builds • Whole-home renovations and additions • Kitchen and bathroom remodeling • Historic property restoration • Outdoor living spaces and landscape construction

**Commercial Services:** • Office building construction and tenant improvements • Retail space build-outs • Mixed-use development projects • Multifamily residential construction • Property development consulting

All services are performed in accordance with applicable building codes, Connecticut state regulations, and industry best practices. Specific scope of work for each project will be detailed in individual construction contracts.

**Contract Formation:** All construction projects require a signed written contract specifying the scope of work, project timeline, payment schedule, and other material terms. Verbal agreements or informal communications do not constitute binding contracts for construction work.

**Contract Components:** Each project contract typically includes: • Detailed scope of work and specifications • Project timeline with milestone dates • Fixed price or cost-plus pricing structure • Payment schedule and terms • Change order procedures • Warranty provisions • Dispute resolution mechanisms

**Contract Modifications:** Any modifications to the contract must be made in writing through our formal change order process. Verbal requests for changes will be documented but require written approval before implementation.

**Contract Priority:** In case of conflict between these Terms of Service and a specific project contract, the project contract terms shall prevail for that specific project.

**Payment Schedule:** Payment schedules are established in individual project contracts and typically follow a milestone-based structure aligned with construction progress. Common payment structures include: • Initial deposit (typically 10-20% of contract value) • Progress payments at defined milestones • Final payment upon substantial completion

**Payment Methods:** We accept payment via check, ACH bank transfer, and wire transfer. Credit card payments may be accepted for smaller invoices subject to a processing fee.

**Late Payments:** Invoices are due within 15 days of issuance unless otherwise specified. Late payments are subject to: • Interest charges of 1.5% per month (18% annually) • Potential work stoppage until account is current • Collection costs and reasonable attorney fees if legal action is required

**Disputed Amounts:** If you dispute any portion of an invoice, you must notify us in writing within 10 days of receipt. Undisputed portions remain due according to the payment schedule.

**Lien Rights:** Ergon Builders reserves all lien rights provided under Connecticut law. We will provide lien waivers upon receipt of payment as required.

**Change Order Process:** Construction projects often require modifications due to unforeseen conditions, design changes, or client requests. All changes must follow our formal change order process:

1. **Request:** Written request describing the proposed change 2. **Evaluation:** We assess scope, cost, and schedule impacts 3. **Proposal:** Written change order with pricing and timeline adjustments 4. **Approval:** Client signature required before work proceeds 5. **Execution:** Change is incorporated into the project

**Pricing Adjustments:** Change orders may be priced as: • Fixed price for defined scope changes • Time and materials with not-to-exceed cap • Unit pricing for quantity-based changes

**Schedule Impacts:** Significant changes may extend the project timeline. Schedule adjustments will be documented in the change order.

**Unforeseen Conditions:** Discovery of concealed conditions (structural issues, hazardous materials, utility conflicts) may require immediate change orders. We will notify you promptly and provide options for addressing such conditions.

**Workmanship Warranty:** Ergon Builders provides a one (1) year warranty on all workmanship from the date of substantial completion. This warranty covers defects in installation, craftsmanship, and labor.

**Structural Warranty:** We provide a ten (10) year structural warranty covering load-bearing elements, foundation, and framing systems against defects in materials and construction.

**Manufacturer Warranties:** Materials, appliances, and equipment are covered by their respective manufacturer warranties. We will assist in processing warranty claims during the applicable warranty periods.

**Warranty Exclusions:** Warranties do not cover: • Normal wear and tear • Damage from improper maintenance • Unauthorized modifications or repairs • Acts of nature or third-party damage • Issues reported after warranty expiration

**Warranty Claims:** Submit warranty claims in writing with photos and description. We will respond within 5 business days and schedule inspection if needed.

For complete warranty details, see our [Warranty Policy](/warranty).

**Limitation of Damages:** To the maximum extent permitted by Connecticut law, Ergon Builders' liability for any claim arising from our services shall not exceed the total contract value for the applicable project.

**Excluded Damages:** In no event shall Ergon Builders be liable for: • Consequential, incidental, or punitive damages • Lost profits or business interruption • Loss of use or diminution in property value • Emotional distress or inconvenience • Damages arising from third-party claims

**Exceptions:** These limitations do not apply to: • Gross negligence or willful misconduct • Personal injury or death caused by our negligence • Fraud or intentional misrepresentation • Claims that cannot be limited by law

**Indemnification:** You agree to indemnify and hold harmless Ergon Builders from claims arising from your breach of these terms, your negligence, or your provision of inaccurate information.

**Survival:** These limitation provisions survive completion or termination of any project.

**Our Insurance:** Ergon Builders maintains comprehensive insurance coverage including: • General Liability: $2,000,000 per occurrence / $4,000,000 aggregate • Workers' Compensation: Statutory limits • Automobile Liability: $1,000,000 combined single limit • Umbrella/Excess Liability: $5,000,000 • Professional Liability: $1,000,000

Certificates of insurance are available upon request.

**Client Insurance:** Clients are required to maintain: • Homeowners or property insurance covering the project site • Builder's risk insurance for major renovation or new construction projects (may be provided by Ergon Builders as contract option)

**Additional Insured:** We can add clients as additional insureds on our general liability policy upon request.

**Claims:** Any incidents must be reported to both Ergon Builders and relevant insurance carriers within 24 hours. Failure to report promptly may affect coverage.

**Good Faith Negotiation:** The parties agree to attempt to resolve any dispute through good faith negotiation before pursuing formal dispute resolution. Either party may initiate negotiation by providing written notice to the other party.

**Mediation:** If negotiation does not resolve the dispute within 30 days, either party may request mediation. Mediation shall be conducted in Fairfield County, Connecticut, by a mutually agreed mediator or one appointed by the American Arbitration Association.

**Arbitration:** Disputes not resolved through mediation shall be submitted to binding arbitration under the Construction Industry Arbitration Rules of the American Arbitration Association. Arbitration shall take place in Fairfield County, Connecticut.

**Exceptions:** Either party may seek injunctive relief or file a mechanic's lien without first completing the dispute resolution process.

**Governing Law:** These terms are governed by the laws of the State of Connecticut without regard to conflict of law principles.

**Attorney Fees:** The prevailing party in any dispute shall be entitled to recover reasonable attorney fees and costs.

**Termination for Convenience:** Either party may terminate a construction contract for convenience upon 30 days written notice. Upon such termination: • Client pays for all work completed to date • Client pays for materials ordered or fabricated • Client pays reasonable demobilization costs • Client may be entitled to partial refund of deposit for unperformed work

**Termination for Cause:** Either party may terminate immediately for material breach if the breach is not cured within 10 days of written notice. Material breaches include: • Non-payment of undisputed amounts • Failure to provide site access • Abandonment of work • Failure to maintain required insurance

**Effect of Termination:** Upon termination: • All outstanding invoices become immediately due • We will secure the site and remove equipment • We will provide documentation of work completed • Warranties apply only to completed work

**Survival:** Provisions regarding payment, warranties, liability limitations, and dispute resolution survive termination.

**Force Majeure:** Neither party is liable for delays caused by events beyond reasonable control, including natural disasters, pandemics, government actions, labor disputes, or material shortages.

**Assignment:** You may not assign your rights under these terms or any construction contract without our written consent. We may assign our rights to an affiliate or successor entity.

**Severability:** If any provision is found unenforceable, the remaining provisions remain in full effect.

**Entire Agreement:** These Terms of Service, together with individual project contracts and change orders, constitute the entire agreement between the parties.

**Waiver:** Failure to enforce any provision does not waive the right to enforce it later.

**Notices:** All notices must be in writing and delivered by certified mail, overnight courier, or email to the addresses specified in the project contract.

**Electronic Communications:** By providing your email address, you consent to receive project-related communications electronically.

**Headings:** Section headings are for convenience only and do not affect interpretation.