Terms of Service

Masonry Contractors of Cedar Rapids (hereinafter "Company," "we," "us," or "our") provides masonry services including but not limited to brick and stone work, chimney repair, retaining walls, hardscaping, and related masonry services (hereinafter "Services") to homeowners, businesses, and contractors in Cedar Rapids, Iowa and surrounding areas.

A binding service agreement is formed when you accept our written estimate and authorize us to proceed with the work. The estimate will specify the scope of work, materials, timeline, and total cost. Any work performed outside the scope of the written estimate will be subject to a change order signed by both parties before work begins.

These Terms of Service, combined with the written estimate and any change orders, constitute the entire agreement between you and the Company regarding the Services. Any prior oral or written agreements, understandings, or representations are superseded by this agreement.

Payment Schedule:

• A deposit of 50% of the estimated total is required to secure the project start date and reserve materials.
• The remaining balance is due upon completion of the Services, before the crew departs the job site.
• Payment is accepted via cash, check, or credit card (3% processing fee applies to credit card payments).

Late Payment:

If payment is not received within 30 days of invoice date, the Company reserves the right to place a lien on the property and pursue collection action. Late payments may incur interest at a rate of 1.5% per month or the maximum rate allowed by Iowa law, whichever is less.

Estimates:

Estimates are provided free of charge and are valid for 30 days from the date of issue. Estimates are based on information provided by the customer and site conditions visible during the estimate visit. If site conditions change or additional work is discovered during the project, we will provide a change order for your approval before proceeding.

Disclaimer of Warranties:

The Company provides Services on an "as is" basis. We make no warranties, express or implied, regarding the Services, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee specific results or outcomes beyond what is outlined in the written estimate.

Limitation of Liability:

To the maximum extent permitted by law, the Company's total liability for any claims arising from or related to the Services shall not exceed the total amount paid by the customer for the Services that gave rise to the claim. In no event shall the Company be liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of use, or loss of data, even if advised of the possibility of such damages.

Insurance:

The Company carries general liability insurance and workers' compensation insurance as required by Iowa law. Our current insurance information will be provided upon request. Customers are responsible for maintaining homeowners or property insurance and are advised to notify their insurance carrier of any work being performed on their property.

Workmanship Warranty:

The Company warrants that all work will be performed in a professional and workmanlike manner in accordance with industry standards and applicable building codes. We warrant our workmanship for a period of one (1) year from the date of project completion. This warranty covers defects in the application of materials and labor, excluding normal wear and tear.

Material Warranties:

Materials used in the Services are warranted by their respective manufacturers. Brick, stone, and mortar warranties vary by product and are provided by the manufacturer. The Company will provide copies of manufacturer warranties upon request. The Company is not responsible for defects in materials that are the fault of the manufacturer.

Warranty Exclusions:

The workmanship warranty does not cover damage caused by:

• Improper maintenance by the customer
• Acts of God or natural disasters (earthquakes, severe weather, flooding)
• Structural settlement or movement of the building
• Modifications or repairs made by parties other than the Company
• Failure to follow Company maintenance recommendations

Property Access and Protection:

The customer is responsible for providing safe and unrestricted access to the job site. The customer must remove or protect any personal property, vehicles, or items that could be damaged during the Services. The Company is not responsible for damage to customer property that is not explicitly excluded from the work area during the estimate.

Permits and Inspections:

The Company will advise the customer if permits are required for the Services. If permits are required, the Company can obtain them on the customer's behalf, with the cost included in the estimate. The customer is responsible for scheduling inspections as required by local building departments. Failure to obtain required permits may result in fines and delays.

Utility Location:

Before any digging or excavation, the customer must contact Dig Safe (811) to have underground utilities marked. The Company will not be responsible for damage to utilities that were not properly marked prior to the start of work.

Maintenance:

The customer is responsible for proper maintenance of the completed work. This includes regular cleaning, appropriate sealing or treatment of masonry surfaces as recommended, and prompt reporting of any defects or damage. Failure to maintain the work may void the warranty.

Notice of Defects:

If you believe there is a defect in the work or materials, you must notify the Company in writing within thirty (30) days of project completion. Provide photographs and a detailed description of the issue. The Company will investigate the claim and determine whether it is covered under the warranty.

Good Faith Negotiation:

If a dispute arises, the parties agree to attempt to resolve the matter through good faith negotiation. The customer and a representative of the Company will meet to discuss the issue and attempt to reach a mutually acceptable resolution within fourteen (14) days of the notice of defect.

Mediation:

If negotiation fails, either party may request non-binding mediation. The parties will select a neutral mediator and share the cost of mediation equally. Mediation will take place in Cedar Rapids, Iowa. If mediation does not resolve the dispute, either party may pursue legal action.

Arbitration and Litigation:

Any dispute that cannot be resolved through negotiation or mediation shall be subject to binding arbitration under the rules of the American Arbitration Association (AAA), or if either party declines arbitration, may be pursued through the District Court of Linn County, Iowa. The prevailing party shall be entitled to recover reasonable attorney fees and court costs.

Estimated Timeline:

The written estimate will include an estimated start date and project duration. These are estimates only and are subject to change due to weather, site conditions, material availability, or other factors beyond the Company's control.

Weather Delays:

Masonry work is weather-dependent. Work may be delayed or suspended due to rain, extreme temperatures, or other adverse weather conditions. Weather delays will not be considered a breach of contract and will not entitle the customer to cancel the project or withhold payment.

Customer-Caused Delays:

If the customer causes delays (such as failure to provide access, failure to make decisions, or changes to the scope of work), the Company reserves the right to adjust the project timeline and may charge additional fees to cover increased labor costs.

Cancellation by Customer:

If the customer cancels the project before work begins, the deposit will be refunded in full. If the customer cancels after work has begun, the customer is responsible for payment of all labor and materials expended to date, plus a 10% cancellation fee.

Cancellation by Company:

The Company reserves the right to cancel the project if the customer fails to pay the deposit by the scheduled start date, fails to provide safe access to the job site, or engages in conduct that is unsafe or disruptive. If the Company cancels due to customer default, the deposit will be forfeited.

Any changes to the scope of work must be documented in a written change order signed by both the customer and the Company before the additional work is performed. The change order will specify the nature of the change, the cost of the change, and any impact on the project timeline. No verbal agreements for changes will be honored.

Job Site Safety:

The Company is responsible for maintaining a safe job site for its employees and contractors. The customer is responsible for ensuring that the job site is safe for the Company's crew and for warning the Company of any hazardous conditions on the property.

Assumption of Risk:

The customer assumes all risk of loss or damage to the property and its contents during the Services. The customer is strongly advised to notify their homeowners or property insurance carrier of the work being performed and to increase coverage if necessary.

Indemnification:

The customer agrees to indemnify, defend, and hold harmless the Company from any claims, damages, or liabilities arising from the customer's use or misuse of the completed work, or from any injury or damage to third parties caused by the customer's property or actions.

Governing Law:

These Terms of Service and any service agreement shall be governed by and construed in accordance with the laws of the State of Iowa, without regard to its conflict of laws principles.

Entire Agreement:

These Terms of Service, together with the written estimate and any change orders, constitute the entire agreement between the customer and the Company regarding the Services and supersede all prior and contemporaneous agreements and understandings.

Severability:

If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Waiver:

The failure of the Company to enforce any provision of these Terms of Service shall not constitute a waiver of that provision or any other provision.

Assignment:

The customer may not assign their rights or obligations under these Terms of Service without the prior written consent of the Company. The Company may assign its rights and obligations to a successor or affiliate.