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Pitt Landscape and Construction

General Contractors License (B-100): 10894545-5501

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Terms and Conditions

Terms and Conditions

1. General Conditions

Pitt Landscape & Construction (“Contractor”) agrees to perform all work as described in the estimate or design documents (“Works”).

  • No additions or variations to the agreed scope will be made without written approval from both parties.
  • The Contractor will obtain necessary permits or approvals and indemnify the Owner for any violations.
  • The Owner confirms they are the legal property owner or authorized agent.
  • If local authorities or the Owner require design or scope changes, additional costs will be borne by the Owner.

Commencement & Completion:

  • Work begins once required permits, financing, and utilities are in place.
  • Completion is reached when the project area is cleared of debris.
  • Delays due to weather, strikes, shortages, or events beyond the Contractor’s control will extend timelines without penalty.

2. Payments

  • Deposit: 50% or an agreed percentage is required to begin scheduling.
  • Progress Payments: Due upon request, typically weekly or monthly. Late payments (after 3 days) may pause work.
  • Method: ACH or check preferred; credit/debit payments include a 3% processing fee.
  • Financing: If payment is through a lender, the Owner will execute all required documents to release funds.
  • Late Payments: Subject to interest at 2% above prime until paid. Discounts are forfeited if payment schedules are not met.

3. Variations, Defects, and Warranties

Change Orders:

  • All change requests must be in writing, signed by both parties, and may affect the cost or timeline.
  • Allowance adjustments or unforeseen issues will be documented and priced accordingly.

Defects & Warranty:

  • The Contractor warrants materials and workmanship for 12 months after completion.
  • Defects due to normal wear, weather, improper use, or Owner neglect are excluded.
  • Specific limited warranties apply to landscaping, plants, sprinklers, and construction elements.
  • The Contractor reserves the Right to Cure, giving them the opportunity to inspect and repair issues before arbitration or legal action.
  • Manufacturer warranties are passed through to the Owner where applicable.

4. Insurance, Liability & Arbitration

  • The Contractor maintains public liability insurance and workers’ compensation coverage.
  • The Owner will not interfere with site operations or issue instructions to workers directly.
  • Neither party is liable for consequential damages.
  • Any disputes will be resolved first through written notice and opportunity to cure, then by binding arbitration in Utah if unresolved.
  • Arbitration costs are split equally unless otherwise decided.

5. Termination & Entire Agreement

Owner Default:

  • Failure to pay or breach of agreement allows the Contractor to suspend or terminate work after written notice.
  • In such cases, the Contractor may claim up to 20% of the contract value as liquidated damages.

Contractor Default:

  • If the Contractor fails to perform or remedy defective work after written notice, the Owner may terminate the agreement.

Cancellation Policy:

  • Either party may cancel within 3 days of signing without penalty.
  • After 3 days, any refund will be reduced by 10% or billed hourly ($75/hr), whichever is greater.

Entire Agreement:

  • This document constitutes the full agreement between the Contractor and Owner.
  • No modifications are valid unless in writing and signed by both parties.

6. Contact & Jurisdiction

Pitt Landscape & Construction
5286 South Commerce Dr., A126, Murray, UT 84107
📧 operations@pittlandscape.com
📞 (801) 971-6282

This agreement is governed by the laws of the State of Utah. The parties consent to local court jurisdiction or binding arbitration as specified herein.