Terms of Service Bulkhead Repair of Georgetown, MD

Bulkhead Repair of Georgetown, MD ("Company," "we," "our," or "us") provides bulkhead repair, seawall reinforcement, shoreline protection, erosion control, and related waterfront construction services ("Services") to residential, commercial, and community clients throughout Georgetown, Maryland, and surrounding areas.

This Terms of Service agreement ("Agreement") governs all Services provided by the Company and all interactions between the Company and clients ("Client," "you," or "your"). By requesting an assessment, accepting a quotation, or engaging the Company for any Services, you acknowledge that you have read, understood, and agree to be bound by all terms contained herein.

The Company reserves the right to decline any project or client at its sole discretion, with or without providing a reason. The Company also reserves the right to modify these terms at any time by posting an updated version on our website or providing written notice to existing clients.

Free Initial Assessment: The Company offers a complimentary on-site assessment to evaluate the condition of your bulkhead, seawall, or shoreline structure. This assessment typically takes 45–60 minutes and includes visual inspection, photographic documentation, and preliminary observations.

Assessment Limitations: The free assessment is not a structural engineering evaluation. For complex projects or when detailed engineering analysis is required, the Company may recommend hiring a licensed engineer at the Client's expense. The Company's assessment is based on visual inspection only and does not constitute a guarantee or warranty of any findings.

Quotation Validity: Written quotations provided by the Company are valid for 30 days from the date of issue, unless otherwise specified in writing. After 30 days, site conditions, material costs, or labor availability may change, requiring an updated assessment and quotation.

Quotation Contingencies: All quotations are contingent upon the following: (a) accurate information provided by the Client; (b) no significant changes to the site or bulkhead condition between assessment and work commencement; (c) no discovery of unforeseen conditions (such as contaminated soil, underground utilities, or structural damage beyond initial scope); and (d) availability of materials and labor at the time of project scheduling.

Payment Methods: The Company accepts payment via check, bank transfer (ACH), credit card, and other mutually agreed methods. Payment terms will be clearly outlined in each project proposal.

Deposit and Progress Payments: For projects exceeding $5,000, the Company typically requires a 50% deposit upon project commencement and final payment upon completion. For larger or multi-phase projects, progress payments may be scheduled at agreed-upon milestones. Payment schedules will be specified in the written proposal.

Small Projects: Projects under $5,000 may require full payment upon completion or as otherwise agreed in writing.

Late Payment Penalties: Invoices are due within 30 days of invoice date unless otherwise specified. Payments not received by the due date will incur a late fee of 1.5% per month (18% annually) or the maximum rate allowed by Maryland law, whichever is lower.

Change Orders: Any changes to the scope of work, materials, timeline, or project specifications must be approved in writing by an authorized representative of the Company. Unauthorized changes will not be performed, and any additional costs incurred as a result of Client-requested modifications will be billed separately via change order.

Unforeseen Conditions: If during project execution the Company discovers conditions not visible during the initial assessment (such as contaminated soil, unexpected rock, buried utilities, or structural issues), work may be halted pending Client notification and approval of additional costs. The Client is responsible for any additional charges resulting from such discoveries.

Workmanship Warranty: The Company warrants that all Services will be performed in a professional and workmanlike manner in accordance with industry standards and applicable local codes. The workmanship warranty covers defects in labor only and extends for one (1) year from the date of project completion.

Materials Warranty: Materials used in the project are warranted according to the manufacturer's original warranty terms. The Company will pass through any manufacturer warranties to the Client but does not extend or modify manufacturer warranties. Material warranties vary and may range from one (1) year to the lifetime of the product, depending on the manufacturer and material type.

Warranty Exclusions: The workmanship warranty does not cover: (a) damage caused by acts of nature, severe weather, flooding, or natural disasters; (b) damage caused by Client negligence, misuse, or failure to maintain the structure; (c) damage caused by third-party work or interference; (d) normal wear and tear; (e) settlement or shifting of soil beyond what was disclosed in the assessment; or (f) changes in water levels, tidal patterns, or erosion rates.

Warranty Claims: To file a warranty claim, the Client must notify the Company in writing within 30 days of discovering the defect. The Company will investigate the claim and, if valid, will repair or replace the defective work at no charge. If the Company determines the defect is not covered under warranty, the Client will be responsible for any costs incurred during the investigation.

Maintenance Responsibility: To maintain warranty coverage, the Client must properly maintain the bulkhead and surrounding structures, including regular inspection, drainage maintenance, and prompt repair of any damage. Failure to maintain the structure may void the warranty.

Assumption of Risk: The Client acknowledges that waterfront construction and bulkhead repair work involves inherent risks, including but not limited to: exposure to water, tidal changes, unstable soil, heavy equipment operation, and environmental hazards. By engaging the Company, the Client assumes all risks associated with the project and releases the Company from liability for injuries, property damage, or other losses arising from these inherent risks, except where caused by the Company's gross negligence or willful misconduct.

Liability Cap: In no event shall the Company's total liability for any claim, whether in contract, tort, or otherwise, exceed the total amount paid by the Client for the Services that gave rise to the claim. This cap applies regardless of the nature of the claim or the damages sought.

Consequential Damages Exclusion: The Company shall not be liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to: loss of use, loss of revenue, loss of profit, loss of data, or diminution of property value, even if the Company has been advised of the possibility of such damages.

Third-Party Claims: The Company is not responsible for claims or damages arising from the work of third parties, including but not limited to: other contractors, suppliers, utility companies, or government agencies, unless the Company directly caused the third-party work.

Insurance: The Company maintains general liability insurance. The Client may request proof of insurance prior to project commencement. The Client is responsible for obtaining property insurance and any additional coverage the Client deems necessary.

Site Access and Preparation: The Client is responsible for providing safe and unobstructed access to the project site, including removal of personal property, vehicles, or obstacles that may interfere with work. The Client must notify the Company of any hazards, utilities, or structural concerns prior to work commencement.

Permits and Approvals: The Client is responsible for obtaining all necessary permits, easements, HOA approvals, environmental permits, or other governmental approvals required for the project, unless the Company explicitly agrees in writing to obtain them. The Client is also responsible for notifying utility locating services (Call 811 in Maryland) to mark underground utilities before work begins.

Accurate Information: The Client warrants that all information provided to the Company regarding the property, ownership, boundaries, existing structures, and project requirements is accurate and complete. Any misrepresentation or omission of material information may result in project delays, additional costs, or project termination.

Property Ownership: The Client represents and warrants that they are the legal owner of the property or have full authority to authorize the Company to perform Services on the property. The Client is responsible for resolving any disputes regarding property lines, easements, or shared structures with neighbors or other parties.

Health and Safety: The Client is responsible for ensuring that all persons on the project site comply with safety requirements and do not interfere with Company operations. The Client must keep children, pets, and unauthorized persons away from the active work area.

Maintenance During and After Project: During the project, the Client is responsible for maintaining the work area and protecting completed work from damage. After project completion, the Client is responsible for proper maintenance of the bulkhead, including inspection, drainage maintenance, and prompt repair of any damage to preserve the structure and maintain warranty coverage.

Assessment Reports and Photographs: All assessment reports, photographs, drawings, measurements, and other documentation created by the Company during the assessment or project ("Work Product") are the property of the Company. The Client is granted a limited, non-exclusive license to use the Work Product for the purpose of the project and for internal record-keeping.

Use of Project Photos: The Company may use photographs of the completed project for portfolio, marketing, and educational purposes, with or without the Client's name, unless the Client explicitly requests otherwise in writing. The Client grants the Company a perpetual, royalty-free license to use project photographs for these purposes.

Testimonials and References: The Client grants the Company permission to use the Client's name, address (or general location), and project description as a reference and testimonial, unless the Client requests anonymity in writing.

Proprietary Methods: The Company retains all rights to its proprietary repair methods, techniques, designs, and specifications. The Client may not reproduce, distribute, or use the Company's proprietary methods for any purpose other than the specific project.

Informal Resolution: In the event of a dispute, the parties agree to first attempt to resolve the matter through good-faith negotiation between the Client and a representative of the Company. This negotiation should occur within 14 days of the dispute arising.

Mediation: If informal negotiation does not resolve the dispute within 30 days, the parties agree to submit the dispute to non-binding mediation before pursuing legal action. The cost of mediation will be shared equally by both parties. The mediation will be conducted in Georgetown, Maryland, or another location mutually agreed upon.

Governing Law: This Agreement and all Services are governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of law provisions.

Jurisdiction and Venue: Any legal action or proceeding arising out of this Agreement shall be brought exclusively in the state or federal courts located in Queen Anne's County, Maryland. The Client consents to the personal jurisdiction of these courts and waives any objection to venue.

Statute of Limitations: Any claim arising out of this Agreement or the Services must be brought within one (1) year of the date the claim arises, or it shall be forever barred.

Attorney's Fees: In the event of litigation, the prevailing party shall be entitled to recover its reasonable attorney's fees and court costs from the non-prevailing party.