TERMS AND CONDITIONS

Virgin River Construction

Utah Contractor License #12353999-5501

1. Acceptance & Binding Agreement

This invoice becomes a binding contract between the Contractor (Virgin River Construction) and the Client upon the earliest of the following: (a) Client's verbal acceptance, (b) Client's written acceptance (including text message or email), or (c) Client's payment of any portion of the requested deposit. Client acknowledges they have read and agree to these terms upon acceptance.

2. Buyer's Right to Cancel (Utah Home Solicitation Sales Act)

If this agreement was solicited at Client's residence and Client signed at the residence, Client has the right to cancel this transaction, without penalty or obligation, within three (3) business days from the date of acceptance. To cancel, Client must deliver a signed and dated written notice of cancellation to Contractor at the address on the invoice before midnight of the third business day following acceptance. Upon cancellation, any payments made will be refunded within ten (10) business days, and any materials delivered will be made available for pickup by Contractor.

3. Scope of Work

Only work explicitly described on the invoice is included in the quoted price. Any work not specifically listed is excluded, regardless of whether it may appear related, necessary, or implied.

4. Invoice Total & Payment Terms

The invoice total is an estimate based on the anticipated scope, labor, and materials. It does not account for: (a) unforeseen or latent conditions discovered during the project (e.g., hidden damage, code issues, concealed defects, substandard prior work); (b) additional labor or materials required beyond the estimate; (c) change orders or additional work requested by Client; or (d) price increases in materials between the date of the invoice and the date of purchase. The deposit is non-refundable once work has been scheduled or materials have been ordered (except as required by Section 2). The remaining balance is due upon completion of work and must be paid in full within fourteen (14) days of the completion date.

5. Obligation to Pay if Work is Halted

The full invoice total shall be due and payable even if work is not completed, including but not limited to circumstances where: (a) Client refuses to allow Contractor to continue or complete the work; (b) Client fails to provide timely access to the property; (c) Client fails to make required decisions or selections; (d) the project is halted due to acts of God, natural disasters, fire, flood, severe weather, pandemic, government order, or other force majeure events; (e) the property becomes unsafe or uninhabitable through no fault of Contractor; or (f) Client terminates the agreement after work has commenced. In such cases, Client remains responsible for all completed work, materials ordered or delivered, and reasonable costs incurred, up to the full invoice amount.

6. Change Orders & Unforeseen Issues

If unforeseen issues arise or Client requests changes or additional work, Contractor will pause work and notify Client. Work will only resume upon Client's verbal or written approval. Contractor will provide an estimated cost for the additional work; however, the estimate is not a guaranteed price, and actual costs may be higher or lower depending on what is encountered. Client agrees to pay the actual cost of additional work regardless of whether it exceeds the estimate. Any delays caused by change orders or unforeseen issues shall extend the project timeline accordingly and shall not constitute a breach by Contractor.

7. Workmanship & Professional Standards

Contractor will perform all work in a professional, workmanlike manner consistent with industry standards. The workspace will be kept reasonably clean throughout the project, and Client will be kept informed of the schedule and any changes to it.

8. Materials & Fixtures

Title to all materials and fixtures remains with Contractor until paid for in full. Contractor is not responsible for delays caused by material shortages, supplier issues, or shipping delays outside Contractor's control.

9. Client Responsibilities

Client is responsible for: (a) providing reasonable access to the work area; (b) ensuring utilities are available as needed; (c) removing or protecting personal belongings in and around the work area; (d) disclosing any known conditions that may affect the work (including prior damage, permit issues, or hazardous materials such as asbestos, lead paint, or mold); and (e) obtaining any HOA approvals required. Contractor is not liable for damage to items Client failed to move or protect, or for issues arising from conditions Client failed to disclose.

10. Permits & Code Compliance

Unless explicitly stated on the invoice, permits, inspections, engineering, and code compliance upgrades beyond the stated scope are the responsibility of Client and are not included in the invoice total.

11. Hazardous Materials

If hazardous materials (asbestos, lead paint, mold, contaminated soil, etc.) are discovered during the project, work will be stopped immediately. Remediation is not included in the invoice and is Client's responsibility. Contractor is not liable for any exposure, contamination, or damages related to pre-existing hazardous materials.

12. Warranty

Contractor warrants workmanship for one (1) year from the date of completion. This warranty covers defects in labor performed by Contractor and does not cover: (a) manufacturer defects in materials or fixtures (covered only by the manufacturer's warranty, if any); (b) damage caused by normal wear and tear, misuse, neglect, or acts of God; (c) damage caused by work performed by others after completion; or (d) cosmetic issues such as minor cracking, settling, or color variation. This warranty is void if the final invoice is not paid in full.

13. Limitation of Liability

Contractor's total liability under this agreement shall not exceed the total amount paid by Client under the invoice. Contractor shall not be liable for any incidental, consequential, indirect, or punitive damages, including loss of use, loss of income, or costs of temporary housing.

14. Late Payments

Any balance not paid within fourteen (14) days of the completion date will accrue interest at 1.5% per month (18% annually) or the maximum rate allowed by Utah law, whichever is lower. Client agrees to pay all costs of collection, including reasonable attorney's fees and court costs, whether or not suit is filed.

15. Mechanic's Lien Notice

Contractor reserves the right to file a preconstruction or construction lien against the property in accordance with Utah Code Title 38, Chapter 1a, for any unpaid amounts. Client acknowledges that under Utah law, a lien may be filed against the property if Contractor is not paid for labor, services, or materials provided.

16. Photographs

Client grants Contractor permission to take and use photographs of the completed work for portfolio, marketing, and promotional purposes. No identifying information about the Client or property address will be shared without written consent.

17. Dispute Resolution

Any dispute arising out of this agreement shall first be addressed through good-faith direct discussion between the parties. If unresolved, the parties agree to attempt mediation before pursuing litigation. Any legal action shall be brought in the state courts of Washington County, Utah, and this agreement shall be governed by Utah law.

18. Entire Agreement

The invoice, together with these Terms and Conditions and any written change orders, constitutes the entire agreement between the parties and supersedes any prior verbal or written discussions, estimates, or representations.

19. Contractor Licensing

Contractor is licensed in the State of Utah. License #12353999-5501. For questions or complaints regarding licensed contractors, contact the Utah Division of Professional Licensing at (801) 530-6628 or dopl.utah.gov.