15 January 2014

Clause Information

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Legacy Barn Company 's goal is to provide the best value for a quality product. We believe the best way to do this is to be up front with our potential customers, about any possiblity that we and our valued customer could potentially face during the construction process. So we feel it is important to disclose our contract clauses here. We hope that you take a few minutes to get the know them. Most of the expenses discussed in the clauses section of our contract can most definitely be prevented. In accordance with our Mission Statement, we will work to help alleviate the potential of these situations to the best of our ability. We ask that you, our valued customer, be very aware of the clauses below and help us identify if the potential for these situations exist, and let us know during the estimation process. In doing so, we can better Estimate your project while saving you money and time, as well as the hassle of having preventable charges. You will find that Legacy Barn Company does not believe in fine print. We think you will find this information helpful with your bidding and building process. If you have any questions or concerns regarding these clauses or the contract in general, please do not hesitate to contact us.


Code and Permit Clause - Customer is responsible for and is required to research local building codes and criteria. Prior to delivery, the customer is responsible for submitting all pertinent code and criteria in the jurisdiction for which the project is located. Customer to secure all necessary building permits. A minimum of $350 fee to be added to all contracts requiring building permits In addition to any additional charges to cover code compliance upgrades. Customer is responsible for any fines or citations for non-compliance or failure to file permits, and any project shut downs as a result of non-compliance or failure to file permits, will be assessed a demobilization charge to the customer of $500.


Pad Prep Clause - A level site is required. The pad must be within 6" of level. If not, any work or material required including; longer poles, skirting, and other solutions/materials to accommodate the unleveled site, will be at customer's extra expense. If in the event the crew arrives and the site is farther out of level that previously advised the customer will be assessed a demobilization charge of $500 while the customer has the pad brought within tolerance. If requested to build on native out of level ground a fee of $500 per day will be assessed for the duration of the project. The builder does not do "Dirt Work." I.e. site prep and pad construction, unless requested by the customer and noted on the contract herein. Unless requested, agreed to, and annotated on this contract the proposed bid does not include dirt work. If requested, agreed to, and annotated on this contract, bid reflects standard concrete construction in accordance to the "Concrete Slab Policy" Clause.  "Fill provided" refers to fine grade material for concrete slab construction not pertaining to Dirt Pad Construction. All work by others regarding site prep and pad construction must be complete prior to the builder's construction start date. Site and pad must be clear of equipment and debris prior to construction start date. 

Rock Clause - It is the customer’s responsibility to notify Legacy Barn Company if rock or other materials are present, which may inhibit the builder’s excavation. To include, but not limited to; the digging for pier holes to set posts for the buildings as required. Prior to or at the time of Legacy Barn Company formulating an Estimate for the customer. All prices reflected herein, unless otherwise annotated in the contract do not include additional charges to mitigate these materials. If during construction rock is encountered, without prior notification as aforementioned, and the use of an air compressor, jackhammer &/or rock auger is required; customer will pay an additional $500 per day, & the cost of equipment rental. In the event the contractor can mitigate the rock in a timely manner with a rock bar a fee of $50 per hole will be assessed. The contractor must photograph evidence of substantial rock or obstacle present in each hole. 

Equipment Rental Clause - Customer is required to pay $500 per day, and any & all rental fees for bobcat, auger, &/or other equipment for post holes that are required to be more than 3 feet deep by 12 inch in diameter, by local code, or for other situations on site which inherently charge Legacy Barn Company 's standard method of construction.

Site Security Clause -  Customer is responsible for all materials delivered to the job site, and left on site. Legacy Barn Company , contractors and delivery personnel are not responsible for damage, theft, vandalism, or damages resulting from "Acts of God" to/of materials on site before, during or after construction. The customer is responsible for all job related waste product clean up and removal.  I.e. board cut offs, sawdust, metal / trim cut offs, & Etc. Contractor trash; soda bottles, food wrappers, etc. will be disposed of properly by the Contractor. 

Damages and Delivery Clause -  Customer will be responsible for all adequate access from main road to jobsite; free of locked gates, narrow passage ways, low clearance obstacles, weight limited bridges, and/ or terrain features that would inhibit transportation of materials by either a 1-ton / trailer combination &/ or an 18-wheeled semi delivery truck with a 53' trailer.   The use of onsite material handling equipment may be required. I.e. a piggyback delivery system class of forklift. The customer understands Legacy Barn Company , their employees, contractors, affiliates, etal will do everything possible to limit the possibilities of the occurrence of damage to property. However, Legacy Barn Company , its employees, contractors, affiliates, etal assumes no liability in the event that any such occurrence does happen. No guarantee of such shall ever be expressed or implied. Damages to landscaping, tin horns, fencing, gates, flowerbeds, road ways, and cattle guards etc. may occur during the course of delivery. The customer is responsible to notify the builder that any or all of the obstacles may exist within the project location or upon access to the project location prior to the delivery of materials.

Towing Clause - Customer will be responsible for any towing fees incurred from main road to job site.

Quikrete Clause - Customer is to provide "Quikrete" or equivalent bagged concrete for post holes. We recommend 2 bags per post.   

Photo Clause - The Customer acknowledges and agrees to allow the builder to photograph the site, the structure, interior and exterior, in part or in whole, before, during, and/ or after the completion of construction. The customer grants the builder to maintain records of these photographs for warranty, customer service, and marketing purposes. The customer is responsible for the removal or concealment of items they do not wish photographed.  The customers acknowledges they may be made public at any time.


Utility Locates - Customer will be responsible to call in utility locates for the project area. This includes, but not limited to; 150 feet in all direction from the project site. The customer will maintain said locate marks by contacting the state "call before you dig" hot line @811 and request refresh for the project if it is expected to exceed 14 days, and every 14 days thereafter of the project duration. Failure to submit a locate request may result in the project being place on hold indefinitely with a demobilization charge to the customer of $250. If any damages to utilities are incurred, fines or repair costs will be at the owner’s responsibility. The builder, its employees, contractors, and affiliates etal. hold no liability for such damages &/ or associated costs.

Electric Service - 110 electric services must be available within 150 feet of job site. If not, and a generator is required, and rental is necessary, it will be at the customer's expense, in addition to $250 per day. If Generator is supplied by the customer, the customer waives any liability on the part of Legacy Barn Company its directors, employees, contractors or affiliates, etal. Likewise, the customer agrees to hold harmless the aforementioned entities in the event of damages or wear and tear on the said generator.

Engineering Clause - If sealed engineer blueprints and /or Windstorm certification are required, these will be a customer responsibility, at the customer's expense. We will assist with the process any way possible.

Warranty Disclaimer Clause - In most cases, LBC Workmanship is guaranteed for two years.  In addition to any applicable manufactures warranties. Legacy Barn Company and its employees, contractors, affiliates,  etal; will not be responsible for any misuse, negligence, or damage by the owner, third parties, weather, or any act of God. Please see LBC Warranty Policy for more details on limitation/coverages.

Severe Weather Clause - The customer acknowledges and agrees to; the builder will make all attempts to start/complete the project by the respective projected date’s aforementioned herein. However, in the event of severe weather, the builder retains the right to reschedule the projected dates as necessary. For the safety of its employees, contractor, affiliates, etal, the builder may at any time delay , postpone or "call off" the scheduled work that is to be performed in the event severe weather or the after effects should cause conditions in which safety may be in jeopardy. This is to include, but not limited to; ice, snow fall, heavy winds, lightening, rain, limited visibility, flooding, etc. This clause may be invoked solely at the discretion of the builder. Be it known, the builder will notify the customer of any and all changes to the schedule in a timely manner.

Return Policy - It is the customer's responsibility to view Legacy Barn Company 's return policy, viewable publicly at http://www.legacybarnco.com/info/return-policy. By signing this contract the customer agrees to the terms and conditions therein.                                                                                                                                                

Scheduled Dates Policy - The customer understands that all dates reflected here in are tentative in nature and are subject to change.  Likewise, the builder will do everything possible to meet the date reflected herein and will notify the customer about changes in the schedule. Contracts are honored, and scheduled in the order they are received.                                           

Demobilization Policy - The customer understands that any event onsite which requires the builder or the crew to pull off the job without the event having been previously scheduled and factored in to the bid will result in the customer being assessed a demobilization fee of $500 per occurrence.                                                  

Concrete Slab -  The customer understands and agrees that Legacy Barn Company subcontracts all dirt work and concrete work. If a customer has requested either of these services / products to be provided by Legacy Barn Company , no warranty is expressed or implied by Legacy Barn Company , its directors, employees, sub-contractors, or affiliates and etal. This service is provided as a convenience to the customer. All payment for services rendered are due upon completion of that specific service, not the completion of the entire building project. All dirt work and concrete work proposals are based "site unseen" which may require additional fill depending on site conditions that are unknown at the time of bidding/estimating the project. Bidding reflects concrete material and labor based upon level pad and terrain. Additional cut and fill labor/materials may be required, and additional charges may apply. Standard cut and fill labor charge $70 /hour minimum, standard fill material if provided by Legacy Barn Company or its sub-contractors $300-400 /load (2 load minimum). This rate is subject to change without notice.                                                                                                                                      

Change Order Policy - The customer understands that once this document is signed and retuned it becomes a legal and binding Contract/Instrument. At no time shall any modification be made to this contract after it has been signed. All modifications to this contract after it is signed will require a change order to produce an addendum, which will state the changes to be made, the associated costs, and a payment schedule. The addendum must be signed and returned with (in most cases) a percentage of the addendum costs before the additional materials can be ordered and shipped. All changes to building specifications will require a change order. All customers requesting a change order will be assessed a change order fee of $500 per occurrence. Modifications to resolve any clerical or typographical errors do not require a change order and will not be assessed a change order fee. 



Last modified on Monday, 19 January 2015 00:12
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