Terms and Conditions

1. Acceptance of Terms

By accessing, browsing, or using our Site in any way, or by inquiring about, requesting, or engaging our construction or renovation services, you agree to be bound by these Terms. These Terms constitute a legally binding agreement between you ("Client," "you," or "your") and Beau & Co. Builders.

We reserve the right to modify these Terms at any time. Changes become effective upon posting to the Site with an updated "Last updated" date. Your continued use of the Site or continued engagement with our services after changes are posted constitutes your acceptance of the revised Terms.

If these Terms are deemed an offer, acceptance is expressly limited to these Terms. Any additional or different terms you propose are hereby rejected.

2. Description of Services

Beau & Co. Builders provides custom home building, residential renovations, home additions, kitchen and bathroom remodeling, outdoor living construction, and design-build services (collectively, the "Services"). The specific scope, deliverables, timeline, and pricing for any project will be defined in a separate written contract or service agreement executed between you and Beau & Co. Builders prior to the commencement of work.

Information presented on our Site — including project descriptions, photographs, renderings, timelines, and pricing examples — is provided for illustrative and informational purposes only and does not constitute a promise or guarantee of any specific outcome, price, or timeline for your individual project.

3. Website Use & Intellectual Property

3.1 Ownership

All content on the Site — including but not limited to text, graphics, logos, icons, images, photographs, videos, audio clips, digital downloads, data compilations, software, and the design and arrangement thereof — is the property of Beau & Co. Builders or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

3.2 Permitted Use

You may use the Site for lawful personal, non-commercial purposes to learn about our services and to contact us. You may not:

• Copy, reproduce, distribute, publish, display, modify, or create derivative works from any Site content without our prior written consent.
• Use any data mining, robots, scraping tools, or similar automated methods to extract information from the Site.
• Use the Site in any way that could damage, disable, overburden, or impair its operation.
• Attempt to gain unauthorized access to any portion of the Site, its systems, or networks connected to it.

3.3 Trademarks

"Beau & Co. Builders," the Beau & Co. Builders logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Beau & Co. Builders. You may not use these marks without our prior written permission.

4. Estimates, Quotes & Proposals

Estimates are based on information available at the time of preparation, including but not limited to visible site conditions, plans, specifications, and current material pricing. Estimates are valid for 30 days from the date of issuance unless otherwise stated. After that period, we reserve the right to revise the estimate to reflect current conditions and pricing.

A quote or proposal does not constitute a contract or agreement to perform work. No work will begin, and no binding obligation is created, until both parties have executed a written service agreement or contract.

5. Contracts & Service Agreements

Prior to the commencement of any construction work, both parties will execute a written contract or service agreement (the "Contract") that defines, at a minimum:

• Detailed scope of work and project specifications
• Fixed-price or cost-plus pricing structure and total contract amount (or estimated amount for cost-plus contracts)
• Payment schedule, milestones, and accepted payment methods
• Estimated start date and projected completion date
• Change order procedure and approval process
• Warranty terms and conditions
• Termination and cancellation provisions

In the event of any conflict between these Terms and the Contract, the terms of the Contract shall control with respect to the specific project to which it relates.

6. Pricing & Payment Terms

6.1 Pricing

Pricing for our Services will be set forth in the Contract. Unless otherwise specified, pricing is based on conditions known and visible at the time of contracting. Conditions that could not have been reasonably anticipated — including but not limited to hidden structural defects, soil conditions, code changes, or unforeseen code requirements — may result in additional charges as described in Section 8 (Change Orders).

6.2 Payment Schedule

Payment terms will be specified in the Contract. Typical payment structures for construction projects include progress payments tied to completion milestones. Unless otherwise agreed in writing:

• A deposit may be required at the time of contract signing, not to exceed the amount permitted by applicable state law.
• Progress payments are due upon achievement of specified milestones as outlined in the Contract.
• Final payment is due upon substantial completion and delivery of the final punch list, subject to any permissible retainage as specified in the Contract.

6.3 Late Payments

Payment is due on the dates specified in the Contract. If payment is not received within 5 business days of the due date, we may assess a late fee of 1.5% per month (or the maximum rate permitted by applicable law, whichever is less) on the overdue balance. We may also suspend work for any payment that is more than 10 business days overdue, and the project timeline will be extended accordingly.

6.4 Mechanic's Lien Rights

Beau & Co. Builders reserves all mechanic's lien rights and other security interests provided by law to secure payment for labor and materials furnished. You may be required to sign lien waivers at each payment milestone as a condition of progress payments. Failure to make timely payments may result in the filing of a mechanic's lien against the property.

7. Project Timelines & Delays

Project timelines provided in estimates, proposals, or the Contract are approximate and based on conditions known at the time of contracting. We will make commercially reasonable efforts to complete the project within the estimated timeframe, but we do not guarantee completion by any specific date unless explicitly stated in the Contract.

Delays may occur due to factors outside our reasonable control, including but not limited to:

• Unforeseen site conditions (soil, structural, environmental, etc.)
• Delays in permit issuance, inspections, or government approvals
• Material shortages, backorders, or significant price increases
• Adverse weather conditions, natural disasters, or acts of God
• Client-requested changes, delays in client decision-making, or unavailability of the property
• Subcontractor or supplier delays beyond our control
• Labor shortages, strikes, or other labor disruptions

In the event of delays caused by factors outside our reasonable control, the project completion date will be extended by a reasonable period of time, and we will not be liable for any damages, losses, or additional costs arising from such delays.

8. Change Orders & Scope Modifications

Any modification, addition, or deletion to the scope of work defined in the Contract must be documented in a written change order signed by both parties before the modified work begins. A change order will specify:

• Description of the change and the reason for it
• Cost impact — additional cost or credit
• Schedule impact — any extension to the project timeline

Verbal requests for changes are not binding and will not be acted upon until a written change order is approved. If you request work that is outside the contracted scope without a signed change order, we may, at our discretion, perform the work and bill you on a time-and-materials basis at our standard rates. Emergency situations that threaten safety or property damage may be addressed immediately with a change order to follow.

9. Client Responsibilities

As the Client, you agree to:

• Provide timely access to the project site as needed for construction activities, including providing keys, access codes, or coordinating with occupants.
• Make decisions regarding selections (materials, finishes, fixtures, colors, etc.) within the timeframes specified in the Contract to avoid project delays.
• Ensure the property is free and clear of encumbrances that would prevent construction, and that you have the legal authority to authorize the work.
• Maintain appropriate property insurance covering the structure during construction and notify your insurance carrier of the construction activities.
• Remove personal property, furnishings, and other items from areas where work will be performed, or arrange for their protection. Beau & Co. Builders is not responsible for damage to personal property left in work areas.
• Make payments in accordance with the payment schedule in the Contract.
• Comply with all HOA, deed restriction, neighborhood association, or other private covenant requirements applicable to the property.

10. Permits, Inspections & Code Compliance

Unless otherwise specified in the Contract:

• Beau & Co. Builders will obtain all necessary building permits, inspections, and approvals required for the contracted work, as the owner's agent. Permit fees are typically included in the contract price unless otherwise stated.
• All work will be performed in compliance with applicable building codes, zoning ordinances, and regulations in effect at the time of construction.
• The Client is responsible for any HOA approvals, architectural review board approvals, or private covenant approvals required prior to construction.
• If code requirements change after the Contract is signed, or if existing conditions do not meet current code, additional work and costs may be required and will be addressed through the change order process.

Final inspection and certificate of occupancy (where applicable) are subject to the jurisdiction of the local building authority. We cannot guarantee the timing or outcome of government inspections.

11. Subcontractors & Third-Party Vendors

Beau & Co. Builders may engage qualified subcontractors, suppliers, and vendors to perform portions of the work. We will supervise all subcontracted work and remain responsible for the overall quality and coordination of the project. However:

• Subcontractors are independent contractors, not employees of Beau & Co. Builders.
• We are not liable for the acts, omissions, or defaults of subcontractors beyond our contractual obligations to supervise and deliver the project.
• Certain materials, fixtures, and appliances carry manufacturer warranties that are passed through to the Client. Claims under manufacturer warranties must be made directly with the manufacturer.

12. Warranties

12.1 Workmanship Warranty

Beau & Co. Builders warrants that the work performed under the Contract will be free from defects in workmanship for a period of one (1) year from the date of substantial completion (or as otherwise specified in the Contract). During this warranty period, we will, at our option, repair or replace defective workmanship at no additional cost to the Client.

12.2 Exclusions

This warranty does not cover:

• Normal wear and tear, weathering, or natural aging of materials
• Damage caused by misuse, abuse, negligence, or unauthorized modifications by the Client or third parties
• Defects in materials or products covered by manufacturer warranties (which are the responsibility of the manufacturer)
• Issues resulting from failure to perform required maintenance (e.g., caulking, sealing, HVAC filter changes)
• Damage from fire, flood, earthquake, storms, or other events beyond our control
• Pre-existing conditions not part of the contracted scope of work

12.3 Warranty Claims

Warranty claims must be submitted in writing to [email protected] within the warranty period, with a description of the alleged defect. We will inspect the reported issue within a reasonable timeframe and determine whether it is covered under this warranty. This warranty is the sole and exclusive warranty provided by Beau & Co. Builders and is in lieu of all other warranties, express or implied, to the maximum extent permitted by law.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• BEAU & CO. BUILDERS' TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES — WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY — SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY THE CLIENT TO BEAU & CO. BUILDERS UNDER THE APPLICABLE CONTRACT.
• IN NO EVENT SHALL BEAU & CO. BUILDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF ENJOYMENT, COST OF SUBSTITUTE SERVICES, OR DIMINUTION IN VALUE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.
• BEAU & CO. BUILDERS SHALL NOT BE LIABLE FOR ANY DELAYS, LOSSES, OR DAMAGES CAUSED BY FACTORS OUTSIDE OUR REASONABLE CONTROL, AS DESCRIBED IN SECTION 7.

Some jurisdictions do not allow the exclusion or limitation of consequential damages, so the above limitation may not apply to you. In such jurisdictions, our liability shall be limited to the fullest extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Beau & Co. Builders, its owners, officers, directors, employees, agents, subcontractors, and affiliates from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your breach of these Terms or the Contract.
• Your negligence or willful misconduct in connection with the project.
• Any violation of applicable laws, ordinances, codes, or regulations by you or your agents.
• Any claims by third parties arising from your use of the Site or your interactions with us.
• Pre-existing conditions at the project site that were not disclosed to us prior to contracting.

15. Site Access, Safety & Insurance

During the construction period, the Client grants Beau & Co. Builders, its employees, subcontractors, and suppliers access to the project site during reasonable working hours and as necessary for project execution.

• Safety: Construction sites are inherently dangerous. The Client, their family, guests, and pets must not enter active work areas without express permission and appropriate safety measures. Beau & Co. Builders is not responsible for injuries to unauthorized persons on the project site.
• Insurance: Beau & Co. Builders maintains general liability insurance, workers' compensation insurance, and other insurance as required by applicable law. Certificates of insurance are available upon request. The Client should verify that their homeowner's insurance policy provides adequate coverage during the construction period.
• Security: The Client is responsible for securing the project site outside of working hours, including locking doors and windows, securing materials, and protecting against theft or vandalism. Beau & Co. Builders is not responsible for theft of or damage to materials, tools, or property left on site outside of working hours.

16. Electronic Communications & SMS Terms

By providing your phone number and engaging with our services, you acknowledge and agree to the following:

• You consent to receive communications from Beau & Co. Builders via phone, email, text message (SMS/MMS), and other electronic means regarding your project, our services, and, where you have provided separate consent, promotional information.
• SMS communications are governed by our Privacy Policy, including A2P messaging disclosures, opt-out procedures (text STOP to 903-721-2348), and TCPA consent terms. By providing your phone number, you confirm that you have read and agree to those terms.
• All electronic communications (emails, text messages, digital documents) sent between you and Beau & Co. Builders may be stored as part of your project record and may be used as evidence of communications, agreements, or consents.
• You are responsible for ensuring that your contact information on file with us is current and accurate. We are not liable for missed communications due to outdated or incorrect contact information.

Message and data rates may apply. Message frequency varies. You may opt out of promotional SMS at any time by replying STOP.

17. Termination & Cancellation

17.1 By the Client

The Client may terminate the Contract for convenience by providing written notice to Beau & Co. Builders. In the event of termination for convenience, the Client shall be responsible for:

• Payment for all work completed to the date of termination at the contract price.
• Payment for all materials ordered and delivered to the site or in transit, whether or not installed.
• Reasonable demobilization costs, including return of equipment and cleanup of the site.
• Cancellation fees for custom-ordered materials, fabricated items, or subcontractor commitments that cannot be canceled.
• Our reasonable profit on work completed and materials procured.

17.2 By Beau & Co. Builders

Beau & Co. Builders may terminate the Contract if:

• The Client fails to make payment within 15 business days after written notice of non-payment.
• The Client materially breaches the Contract and fails to cure such breach within 10 business days after written notice.
• The Client fails to provide site access or make required selections within a reasonable time, causing substantial delay.
• Unforeseen conditions make it impracticable or unsafe to continue the work.

17.3 Website Use

We reserve the right to restrict or terminate your access to the Site at any time, without notice, for any reason, including but not limited to a breach of these Terms.

18. Force Majeure

Neither party shall be liable for any failure or delay in the performance of its obligations under these Terms or the Contract to the extent that such failure or delay is caused by circumstances beyond the reasonable control of the affected party, including but not limited to:

• Acts of God, natural disasters, earthquakes, floods, hurricanes, tornadoes, or wildfires
• Pandemics, epidemics, or public health emergencies
• War, terrorism, civil unrest, or government actions
• Strikes, labor disputes, or supply chain disruptions
• Government-mandated shutdowns, stay-at-home orders, or construction moratoriums
• Catastrophic material shortages or significant, unforeseen price escalations

If a force majeure event continues for more than 60 consecutive days, either party may terminate the Contract upon written notice, and the Client shall be responsible for payment as described in Section 17.1.

19. Dispute Resolution & Arbitration

19.1 Informal Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Contract, the parties agree to first attempt to resolve the matter through good-faith negotiation. Either party may initiate this process by providing written notice to the other party describing the nature of the dispute.

19.2 Binding Arbitration

If the dispute cannot be resolved through informal negotiation within 30 days of the initial notice, the dispute shall be submitted to binding arbitration administered by the American Arbitration Association ("AAA") under its Construction Industry Arbitration Rules. The arbitration shall be conducted by a single arbitrator with experience in residential construction disputes.

19.3 Arbitration Details

• Location: The arbitration shall be held in the county where the project is located, or at another mutually agreed location.
• Costs: Each party shall bear its own attorneys' fees and costs, unless the arbitrator determines that a party's claims or defenses were frivolous or brought in bad faith.
• Decision: The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

19.4 Waiver of Jury Trial

TO THE FULLEST EXTENT PERMITTED BY LAW, BOTH PARTIES KNOWINGLY AND VOLUNTARILY WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE CONTRACT. This waiver extends to any claims sounding in contract, tort (including negligence), strict liability, or any other legal theory.

20. Governing Law

These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. Any legal action or proceeding not subject to arbitration under Section 19 shall be brought exclusively in the state or federal courts located in the State of Texas, and you consent to the personal jurisdiction of such courts.

21. General Provisions

21.1 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

21.2 Entire Agreement

These Terms, together with our Privacy Policy and any applicable Contract, constitute the entire agreement between you and Beau & Co. Builders with respect to the subject matter hereof, and supersede all prior or contemporaneous agreements, representations, warranties, understandings, and negotiations, whether written or oral.

21.3 Waiver

The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the waiving party.

21.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. Beau & Co. Builders may assign its rights and obligations under these Terms in connection with a sale, merger, acquisition, or transfer of all or substantially all of its assets.

21.5 Relationship of Parties

The relationship between you and Beau & Co. Builders is that of independent contractor and client. Nothing in these Terms creates an employment, agency, partnership, joint venture, or franchise relationship between the parties. Neither party has the authority to bind the other or to incur any obligation on behalf of the other.

21.6 Headings

The section headings in these Terms are for convenience only and shall not affect the interpretation of any provision.

21.7 Third-Party Beneficiaries

These Terms do not create any rights in any third party, except that our subcontractors and service providers may be intended third-party beneficiaries of certain indemnification provisions to the extent related to their work on our behalf.

22. Contact Information

If you have any questions, concerns, or notices regarding these Terms and Conditions, please contact us: