ESCROW ACCOUNTING.

In accordance with state law, LBC creates and maintains an Escrow accounting of project monies collected and expended, this will include; any time, labors, materials, or other project related expenses. These expenses will be deducted from the monies collected. The escrow accounting is primarily established to ensure that if an early termination or cancelation of the contract occurs the customer is entitled to any refund of the available balance of monies collected, minus expenses to date. Likewise, if the balance of monies collected, minus expenses to date is negative and the customer initiates the early termination, then LBC reserves the right to bill the customer for the value of the expenses to bring the account to a zero balance. Except in an event of early termination LBC typically does not bill the customer for extra time expenses or receipts unless otherwise specified in this agreement.

PROJECT BILLING.

LBC will bill project for time, site surveys, drive time, unforeseen event mitigation, etc. at a rate of $90.00/Hr. and $1.00/mile. This is for any officer, employee, or agent to perform onsite work. This billing rate also applies to our escrow accounting to include office and or clerical work.

CREDIT CARDS.

All pricing reflects a discount for cash payment. Payments made by credit card will incur an additional 3% service charge. The acceptance of credit cards may not always be available please discuss your plan for payment with your representative prior to signing.

RECORDINGS.

All calls (inbound and outbound) are recorded for quality assurance. Office visits and field visits may be recorded by a personal recording device for quality assurance. Customer’s data to include call recordings, SMS messages, emails, and other forms of electronic records/recordings will be kept and maintained for quality control and assurances purposes. The customer’s data is kept securely and confidentially. The customer’s data will only be used in accordance of this document and for the purpose, the customer has solicited for the performance of the requested service or for the purposes of quality assurance, training or dispute resolution. At no time shall LBC sell your data.

MODIFICATIONS.

If any portion of the building is modified by the customer their employees, family, contractors or subcontractors, employees of the contractor or subcontractor or any other third party. The workmanship warranty will be invalid. Unless expressed in writing by LBC no attachment on or between the trusses or other roofing members and or bracing is allowed. This will immediately invalidate the workmanship warranty and render any and all claims or repairs void. LBC reserves the right to charge the customer for any trip charges, material, delivery, inspection fees, and labors associated with the attempt to “repair” the modified building. Additional modifications that could invalidate part or all the warranty are as follows: electrical, plumbing, HVAC, stud framing, spray foam insulation, thermal barrier spray, ceiling sheathing, such as; metal, wood, gypsum, windows, doors, and or vents cut in by others, electrical outlets, faucets and fixtures, etc.

LIQUIDATED DAMAGES.

The customer waives the right to seek liquidated damages against LBC understands and agrees liquidated damages shall not be assigned to the contractor for delays in the project or repairs timeline.

UTILITY CORRIDOR.

No work shall take place if the customer requests the building to be constructed within 35ft of an overhead powerline (primary or secondary). Nor shall any work proceed if located within 4ft of an underground power, gas, petroleum pipelines, water, sewer, telecom utility line, aperture device, high risk or critical infrastructure facility or its easement.

EASEMENTS.

No work shall proceed in or on property or easements owned or maintained by a third party without expressed written and notarized consent authorizing construction and encroachment.

Work shall only proceed when the building site is relocated, or the conflict is otherwise clear, and solely at the liability and expense of the customer to include; but not limited to, additional material labors, consequential damages to any involved third-party agency, franchise utility owner, damages arising from bodily injury and personal property loss.

HOSTILITY.

LBC will not tolerate disrespectful language, threating, actions of malice, violence, or threats of violence in any form directed to its officers, members, employees, and contractors et.al by the customer nor any persons acting on behalf of the customer. In such case, LBC reserves the right to terminate the contract and the customer shall render full payment at the said time regardless of completion status without liability to LBC to complete. In such cases, the customer fully releases LBC from all additional contract terms or any additional contracts for the said project or any other unrelated projects. LBC will faithfully and reasonably attempt all peaceable solutions to include; but not limited to, arbitration and litigation through legal counsel.

DISPUTES.

If a dispute arises with the customer, or other persons acting on behalf of the customer, which cannot be de-escalated or remedied peaceably, (WITHOUT THE THREAT OR POTENTIAL OF VIOLENCE) LBC reserves the right to terminate the contract and the customer shall render full payment at the said time. Regardless of completion status without liability to complete. At which time the customer fully releases LBC from all additional contract terms or any additional contracts for the said project or any other unrelated projects. LBC will faithfully and reasonably attempt all peaceable solutions to include; but not limited to, arbitration and litigation through legal counsel.

DESIGNATED REPRESENTATIVE.

LBC reserves the right to only communicate with the designated authorized representative who is the signatory of the contract and may not respond to other person acting on behalf of the customer.

PARTIAL INVALIDITY; SEVERABILITY.

Each article, paragraph, clause, sub-clause and provision of this agreement shall be severable from each other and if for any reason any article, paragraph, clause, sub-clause or provision is invalid or unenforceable, such invalidity or unenforceability shall not prejudice or in any way affect the validity or enforceability of any other article, paragraph, clause, sub-clause or provision. This agreement and each article, paragraph, clause, sub-clause and provision hereof shall be read and construed so as to give thereto the full effect thereof subject only to any contrary provision of the law to the extent that where this agreement or any article, paragraph, clause, sub-clause or provision hereof would, but for the provisions of this paragraph have been read and construed as being void or ineffective, it shall nevertheless be a valid agreement, article, paragraph, clause, sub-clause or provision as the case may be to the full extent to which it is not contrary to any provision of the law.

FURTHER ASSURANCES; COOPERATION.

Each party hereto agrees to cooperate in all reasonable respects necessary to consummate the transactions contemplated by this contract, and from time to time to do such acts and things and execute and deliver such documents and instruments as may reasonably be required in order to implement the transactions contemplated hereby. Each party hereto agrees to cooperate in the execution of subsequent addenda, or to re-execute an amended version of this agreement, in the event that a party discovers: 1) a clerical error; or 2) a misinterpretation of the law; or 3) an error as to form; when such error(s) obviate or hinder the consideration, performance, or enforcement of this agreement.

ASSIGNMENTS.

The customer shall not assign this contract. The provisions of the contract are binding on the heirs, successors or assignees of the customer.

FORCE AND EFFECT.

The terms of this agreement shall remain in full force and effect following final payment.

WAIVER.

No failure to enforce any provision of the contract on account of any breach thereof shall be considered as a waiver of any right to enforce provisions of this contract concerning any subsequent or continuing breach.

INDEMNIFICATION.

The customer shall indemnify and hold harmless the builder and the contractor or subcontractor of the builder and their respective officers, agents and employees, insurers, and self-insurance pool, from and against all liability, claims and demands, on account of injury, loss or damage, including without limitation; claims arising from bodily injury, personal injury, sickness, disease, death, property loss and or damage, and or any other loss of any kind whatsoever, which arise out of or are in any way connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the contractor or any subcontractor of the contractor, or any officer, employee, representative, or agent of the contractor or any subcontractor of the contractor, or which arise out of any worker’s compensation claim of any employee of the contractor or any subcontractor of the contractor. The customer shall indemnify and hold harmless the builder and the contractor or subcontractor of the builder and their respective officers, agents and employees, insurers, and self-insurance pool, from and against all liability, claims and demands, on account of injury, loss or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any way connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the customer or any subcontractor of the customer, or any officer, employee, representative, or agent of the contractor or any subcontractor of the customer, or which arise out of any worker’s compensation claim of any employee of the contractor or any subcontractor of the customer.

SATISFACTION.

Satisfaction is not guaranteed. We strive to satisfy every customer, however the intent; LBC is not obligated nor mandated to compensate the customer for failure to satisfy. The customer waives the right to compel LBC, its officers, members, managers, employees, contractors, and subcontractors, et.al; to imply or express guarantee of satisfaction or the pursuit of customer satisfaction.

PROJECT TIMELINES.

Timelines are tentative in nature and may significantly vary due to situations beyond our control. Dates given shall not be construed as guaranteed and any such date is subject to change or delay. No guarantees, promises, or other assurances expressed or implied will bind the builder LBC to any compensation to the customer for project delays. LBC reserves the right to reject any contract, change orders, or addenda for projects with unrealistic timelines and or contracts with a dedicated timeline. LBC will not enter into and will invalidate any contract with unrealistic or rigid timelines.

BRAND PLACEMENT.

If requested that a marketing Peak Plate bearing an approved LBC logo and phone number is not to be installed on the building, then the workmanship warranty will be automatically and immediately invalidated, in full or in part and at the sole discretion of LBC.

RESALE.

No building will be warrantied if sold to a commercial entity and officer or member representing a commercial entity or acting on behalf of a corporate entity.

No building sold to or built for a resale agent will be warrantied under the standard 1-year workmanship warranty. Upon request, a resale agent can purchase a workmanship warranty for the term of 1-year for an additional cost and at the sole discretion of LBC.

The resale agent will indemnify LBC, its officers, members, employees, agents, contractors, and subcontractors from any and all liability and damages that arise from this contract of resale or any modifications.

REMARKETING.

The remarketing of an LBC building for private or commercial use is strictly prohibited. Any photos, videos, and marketing material are the sole property of LBC. Any attempt to remarket or use marketing materials or photos of an LBC project will be met with civil and criminal prosecution for maximum damages allowable by law.

ENTIRE AGREEMENT.

This Agreement (“Agreement”) supersedes all prior agreements, written or oral, between the parties hereto with respect to the subject matter hereof and contains the entire agreement between the parties with respect to the subject matter hereof. This agreement may not be amended or supplemented, and no provisions hereof may be modified or waived, except by an instrument in writing signed by both of the parties hereto. No waiver of any provisions hereof by either party shall be deemed a waiver of any other provisions hereof by such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

ELECTRONIC SIGNATURES.

The parties agree that the electronic signature of a party to this Agreement shall be as valid as an original signature of such party and shall be effective to bind such party to this Agreement. The parties agree that any electronically signed document (including this Agreement) shall be deemed (i) to be “written” or “in writing,” (ii) to have been signed and (iii) to constitute a record established and maintained in the ordinary course of business and an original written record when printed from electronic files. Such paper copies or “printouts,” if introduced as evidence in any judicial, arbitral, mediation or administrative proceeding, will be admissible as between the parties to the same extent and under the same conditions as other original business records created and maintained in documentary form. Neither party shall contest the admissibility of true and accurate copies of electronically signed documents based on the best evidence rule or as not satisfying the business records exception to the hearsay rule. For purposes hereof, “electronic signature” means a manually-signed original signature that is then transmitted by electronic means; “transmitted by electronic means” means sent in the form of a facsimile or sent via the internet as a “pdf” (portable document format) or other replicating image attached to an e-mail message; and, “electronically signed document” means a document transmitted by electronic means and containing, or to which there is affixed, an electronic signature.

CANCELLATIONS.

Any down payments received will be held for 10 days in a reserve escrow account. After 10 days LBC will apply any time, materials, labors, deliveries, or other expenses to the project escrow account. Any additional monies collected will also be deposited to the escrow account. A cancellation before 10 days can result in a full refund to the customer. Any cancellation after 10 days will result in only available monies collected minus billable time, materials, deliveries, laborers, or other expenses which is the remaining balance of the escrow account. The customer or LBC may cancel at any time before the crew mobilizes to the project site. Upon LBC canceling, LBC will be required to refund any available balance of the escrow account if any remain. If the customer cancels the customer is entitled to any available balance of the escrow account if any remain. If the available balance is negative, then the customer is required to bring the account to a zero balance by submitting payment equal to the negative balance before the cancelation can be effective.

RESCISSION.

LBC Reserves the right to terminate, withdraw, or rescind any contract; for any reason, with notice, but without explanation as a remedy. LBC will only terminate, withdraw or rescind contracts under this provision if the said contracts meet the following conditions:

Contracts where monies have not been collected and or received.

Contracts where monies have been collected and or received, but no fulfillment (time, labors, material expenses, etc.) can be applied to escrow.

If termination becomes necessary, but the fulfillment of the contract has already commenced, then the termination shall be guided by the provisions in the cancellation policy or other equitable terms of this agreement herein.

In the event of termination withdraw or rescinding of this Agreement by LBC, both parties agree that any (and only the) monies collected will be refunded to the customer, and no other obligation will remain for either party. The contract terms and obligations will become void ab initio. The Parties agree to take the actions necessary to effect rescission pursuant to this Section in the event of termination.

Except as provided herein, the customer hereto expressly waives any right to rescind the Agreement.

MISCELLANEOUS DISCLAIMERS.

Any functioning louvered cupola(s) or gable vent(s) will not be covered under warranty against leaks.

Walk door(s) and window(s) not under a lean-to, porch, or shed are not covered under warranty for leaks.

Walk doors installed as inswing have a limited warranty against leaks.

Overall truss design and truss specifications are at the sole discretion of the truss designer, manufacturer, or design engineer, and may vary from initial concept, design, or specifications, provided.

Unless annotated on the contract all trusses are 1# (pound) Bottom Chord Dead Load (henceforth “1# BCDLL”).

1# BCDLL trusses are not rated for attachment to or in between the bottom chord of the truss. If attachment applied warranty is void.

5# BCDLL trusses rated for 29-gauge metal or PVC ceiling metal only. Do not exceed the weight rating of 5# per square foot with any applied sheathing or warranty is void.

10# BCDLL trusses rated for ½in sheetrock, plywood or OSB only. Do not exceed the weight rating of 10# per square foot. With any applied sheathing or warranty is void.

When needed and/or annotated, customer to provide equipment to set trusses on walls height 16.5ft (or other height as indicated): SkyTrak 6042 “reach truck” / ”telehandler” or comparable equipment. Duration: minimum 1 day, typically needed by the 2nd day of construction.

When needed and/or annotated, customer to provide equipment for working walls and roof at 17ft (or other height as indicated): all terrain scissor lift with a minimum of 15.5ft (or other height as indicated)reach or comparable equipment duration: throughout construction, typically needed by the 2nd day of construction.

When needed and/or annotated, customer to provide equipment for working ceiling metal or porch underpinning at >10ft(or other height as indicated): all terrain scissor lift with a minimum of 15.5ft (or other height as indicated)reach or comparable equipment duration: throughout construction, typically needed by the 3rd day of construction.

When needed and/or annotated, customer to provide equipment for drilling post holes: skid steer or tractor with a 12in x 4ft length auger. Duration: minimum 1 day, typically needed on the 1st day of construction.

110v/20a electric is required to be within 150ft from the center of the pad.

If a generator is required, a fee will be back charged at $300.00.

Unless otherwise annotated the building design not adequate for living quarters of any kind temporary or otherwise, in accordance with federal law.

Main Building posts spacing that is given is indicative of the “on center” spacing and may not reflect the actual clearance of the space between the post which in all cases except overhead door openings will be less. It is the customer’s responsibility to ensure the actual clearance between posts are adequate for the desired intended or future purposes. LBC shall not be held liable for modification or repairs arising from the oversite of this matter on the part of the customer.

Windows cannot be placed within 3 to 4 inches of a post.

Posts cannot be removed for the placement of a window at any time.

On projects without a rigid or dedicated window placement, LBC reserves the right to move the placement of the windows as it sees fit to reduce or minimize the potential for leaks or other conflicts.

Window placement should be evaluated for conflicts with metal ribs. No guarantee that requested window placement will be conflict-free, thus we cannot guarantee a conflict with the rib will not exist nor warranty against the possibility of a leak arising from the conflict with a window and panel rib. This provision shall apply to windows and overhead doors as well.

Staking back form boards or bottom plate for concrete slabs during the pour is essential for stakes must be no greater than 2ft apart. Otherwise, it may cause the bottom plate or form board to bow or bend which could cause leaks or improper seal of the metal whether the metal is installed or still to be installed.

If poles and plates job has been performed and height requires equipment to set trusses or ceiling metal, and if plumbing, electrical, or other stub outs exist, in the existing concrete and conflicts with the use of said equipment. It is the responsibility of the customer for the extra expense of a crane or boom truck to safely set trusses from outside the building parameter or extra pay, paid directly to crew to set the trusses by hand if they (the crew) deems possible, which could be high risk. Likewise, in the event, these conditions exist which inhibit the crew’s ability to use equipment to install the ceiling metal. It becomes the customer’s responsibility to provide the necessary equipment to safely complete the task, otherwise, the customer is responsibile to pay the crew to complete the task by hand from ladders, to include any additional fees for risk and time made payable directly to the crew. The customer is responsible to ensure the concrete can handle the weight of the equipment to set trusses or install the ceiling metal. The customer understands and agrees that LBC shall not be held liable for any damages to roughouts or concrete slab from the use of equipment on the slab.

Before, during, or after standard construction or poles and plates jobs, LBC is not responsible to repair or replace materials if third-party contractors move, use, modify or damage any material on the ground or installed.

The use of materials provided by LBC or by other third-party contractors is prohibited by the provisions of this agreement and the customer understands and agrees that any such use may result in material shortages which will be back charged to the customer to include, but not limited to; material replacement costs, additional delivery charges, and waiting fees paid directly to the crew and/or any applicable standard demob fee by zone.

On all construction documents, WH refers to “Wall height” and CH refers to “Ceiling height” with a typical 11.5in difference between the measurements.

Pitches roof pitches can be requested up to a 5/12. LBC does not build any steeper pitches due to the associated risk. In some instances, certain roof pitches are not available on promotional buildings or specials. Roof pitch preference may be overridden by the truss designer, the manufacturer or the truss design engineer.

It is the customer’s responsibility to provide LBC the rough out opening size of any customer provided windows and walk doors prior to delivery of materials during normal construction or before material delivery of poles and plates job. Likewise, it is the customer’s responsibility to have all customer provided windows or doors onsite and available before the crew begins to set the poles in place. A picture or website link to the distributor or reseller will not suffice as the actual rough out on the final product may differ.

Unless otherwise and clearly annotated on the contract all wall girts and roof purlins are by LBC standard 2×4 #3 24In O/C laid flat.

Unless otherwise and clearly annotated, LBC buildings are not fully engineered. Trusses are engineered, and a stamped print of the can be provided upon written request, typical fulfillment of the request is within 48 hrs. and is free of charge.

Prices do not reflect stamped engineered certifications or prints.

Prices do not reflect stamped windstorm certifications.

Prices do not reflect stamped floodplain elevation certifications.

Customer must verify the project is or is not in Wind Certification required area or zone.

Customer must verify the project is or is not in FEMA FloodPlain certification required area or zone.

Materials MUST be placed within 30ft from the building pad, and layout appropriately, not stacked in any way. Any instruction by the customer to the delivery personnel to do otherwise or contrary shall incur additional liability to the customer as outlined in the proceeding provisions herein.

In the event that during the course of delivery and the pad is not ready or due to the lack of an unimproved road the pad is unreachable, and the material cannot be placed on or in close proximity to the pad as aforementioned, or it is requested by the customer that the materials be placed elsewhere than the building pad for any reason, then it becomes the responsibility of the customer to have equipment on site to move the material into position prior to the crews arrival or to have moved the materials in position prior to the arrival of the crew. In each case, the customer will assume all liability for any damages that may arise from the moving, handling, or mishandling of the materials.

If the materials cannot be placed on the building pad, then the materials shall only be placed in a location that can ensure that the materials are never submerged or at the risk of being submerged, LBC shall not be held liable for damages or remedies of damages arising from the submergence of materials for any duration.

LBC cannot be responsible for damages caused by the existence of wood bees in or around the project location, inherently there is no way for LBC to foresee their existence nor the potential for damages or the severity of damages, thus cannot provide remedies for such unforeseen damages. It is the responsibility of the customer to protect any exposed lumber or posts from the damage of pestilence known as, “wood bees”. The applied protection must conform to known standards of care and maintenance of posts, lumbers, metal panels, and metal trim; as not to invalidate the manufactures warranty.

Lean-to’s & Porches warranty may differ from the main building or may be limited due to the configuration being partially or fully open or exposed to the elements.

LBC is available to its customers and clients 8AM – 5PM Monday – Friday excluding holidays.

Emails are a commonly utilized communication method and LBC recommends that when emailing, faxing, or mailing documents or other communique; that the customer also calls or texts to ensure that the communique was received. Sometimes an email or fax can be lost or automatically moved to another email folder and otherwise remain unseen by LBC staff. Calling or texting will ensure that LBC is aware an email was sent. Due to a multitude of forces at play against a communique, we cannot guarantee that the message will reach us and that the message may need to be resent. We receive a lot of messages every day we do not wish for communication with our customers or clients to be lost.

We try to answer every phone call, but due to high call volumes and limited staff, this may not be possible all the time. Please ensure you leave a voicemail with your contact information and follow up if you did not reach us the first time. If you leave a voicemail, we will call you back at our earliest convenience. We cannot make any guarantees as to the timeline of the response, but LBC will assuredly make every attempt to you reach you as soon as possible.

LBC utilizes special software to receive text messages. It the customer’s responsibility to include all pertinent contact information including name and email address.

During normal construction and repairs, LBC crews use chalk lines to demark the proper position of fasteners to include the use of said lines for the application of metal fasteners. The customer understands and agrees the lines are a necessary part of our construction process and that the lines will remain after the crew is complete and pulls off the job. In high heat or arid environments, the lines can bake into the paint coating and become permanent. It is the customer’s responsibility to remove or have removed the lines in a timely manner after completion. If removed after soon after completing the risk of the lines becoming permanent are greatly reduced, it is recommended the customer brush, wipe, or power wash the lines from the building. LBC shall not be held liable to remove or have removed these lines. Likewise, LBC shall not be held liable to replace affected panels should any part of or all the lines become permanent.

It is the normal practice of LBC to instruct or otherwise compel the transportation department responsible for the delivery of the materials, at minimum of 24hrs prior to delivery, (excluding weekends or holidays) to contact the customer via phone or email (when possible) to confirm the delivery of the said materials, make arrangement for payments due, discuss access, site conditions, and the weather conditions expected to have force and effect on the scheduled delivery. At this time if the conditions of the site or the weather will inhibit the safe and proper delivery of the materials to the proper location, then the customer is responsible to notify the transportation company and request a reschedule of the delivery. If the customer proceeds with delivery as scheduled in spite of the potential of impedance to delivery, then the customer is responsible for all towing fees from the main road to the job site, equipment required to move materials as aforementioned in previous provisions, or any required subsequent re-delivery attempts to include but not limited to any and all current delivery fees due for the initial and that of any re-delivery attempt.

At no time will materials be delivered without the remittance of the full payment due at delivery, if applicable, unless other arrangements have been made in writing to and approved by LBC prior to the delivery.

If a balance is owing on this contract or related contracts, then no warranty work will be scheduled or performed until the outstanding balance paid in full, to include, but not limited to; any back charges, applicable fees, any accrued interest or finance charges.

All unpaid balances are subject to finance charges of 18% from the date of billing. Any discounts provided are automatically rescinded if payment is not timely received.

LEAN-TO DESIGN STANDARDS.

V-Braces cannot exist on porches lean-tos eyebrows or gable roof extensions on which there is or will be installed ceiling metal or other underpinning material.

V-Braces cannot exist on the aforementioned add-on options on which the post is covered by a post trim.

Covered v-braces can be installed on the aforementioned add-on options on which the post is covered by a post trim.

Covered v-braces cannot exist on the aforementioned add-on options on which there is or will be installed ceiling metal or other underpinning material.

Maximum width of an LBC lean-to is 19ft on applicable wall heights and dependent on required clearance.

As a standard LBC recommends the width of the lean-to not exceed the height of the wall it is attached to.

Minimum pitch (the shallowest) of an LBC lean-to is 2/12 due to the necessity of adequate wind uplift resistance.

Maximum Pitch (the steepest) of an LBC lean-to is 5/12 (when continued from a main building roof pitch of 5/12).

LBC lean-to roof pitches shall be equal to or less than the main building roof pitch.

It is the customer responsibility to verify all clearances given will be sufficient for the desired intended or future purposes.

Maximum post spacing for a lean-to is 12 ft and should match when applicable the post spacing of the corresponding wall of the main building.

Standard post spacing is 10ft.

Maximum rafter spacing of a lean-to is 5ft and shall not under any foreseeable circumstance exceed 5ft.

Unless otherwise and clearly annotated on the contract the rafter spacing of an LBC lean-to is 5ft.

Customer understands and agrees that all clearances given have a margin of error of +/- 2in and that all clearances do not anticipate cutout or buildup of material under the Lean-to such as gravel or concrete slab.

Customer understands and agrees that all clearances given are applicable for all side of the lean-to or porch unless modifications are factored in and annotated on the contract.

LBC will not provide overhang, vented or solid soffit, for a porch or lean-to, or any part of a structure with an open wall.

Unless otherwise and clearly annotated on the contract, all prices do not include underpinning or ceiling metal on porches or lean-tos.

As on main building posts, the post spacing of a lean-to that is given is indicative of the “on center” spacing and may not reflect the actual clearance of the space between the post which in all cases except overhead door openings will be less. It is the customer’s responsibility to ensure the actual clearance between posts are adequate for the desired intended or future purposes. LBC shall not be held liable for modification or repairs arising from the oversite of this matter on the part of the customer.

If the placement of an opening such as windows, walk doors, or overhead doors, on the main building wall, under a lean-to conflict with the placement of a standard on center post location on the eave of a lean-to. It is the responsibility of the customer to relocate the opening on the design prior to construction, the placement of a standard on center post location for the lean-to in almost all cases cannot and should not be moved. This can cause structural integrity and aesthetic symmetry issue upon completion, LBC shall not be held liable for modification or repairs arising from the oversite of this matter on the part of the customer.

GUTTER READY.

LBC does not install or is responsible to install guttering of any type. LBC does offer a service to prepare the building for the acceptance of guttering. However, it is the responsibility of the customer to notify LBC of this option as a requirement to the contract, this is not a standard option and unless otherwise and clearly annotated all prices does not include this option. It is the responsibility of the customer to determine and notify LBC of the type and size of the guttering to be installed so that LBC can appropriately price and construct the option as requested. Typical guttering is as follows but may vary from installer to installer, residential is typically 4” guttering, and commercial is typically 6” guttering, the goal is to cut back the metal to create a metal drip edge that is roughly half the width of the selected guttering and in some, but not all cases block between the truss heel between trusses to provide adequate mounting space for the guttering.

CONCRETE READY.

Concrete ready is the term used to describe the process of preparing the building for the acceptance of any concrete flat work on the exterior of the building or installed directly up against the building. This option is important as to ensure that when applied the option can help keep the metal manufactures metal panel warranty intact by raising the metal and trim to an elevation above the proposed elevation of the finished concrete. When designed and installed properly it can also mitigate risks of moisture seepage or leaks into the main building, to achieve to aforementioned benefit it is recommended that any concrete flat work being poured on the outside of the building be at least 1.5in below the finished height if the slab inside the building. It is the responsibility of the customer to determine if and where this option will be needed and notify LBC of this option as a requirement to the contract. This is not a standard option and unless otherwise and clearly annotated all prices does not include this option. If this option is installed, it is the customer’s responsibility to cover any exposed treated bottom plate until which time the concrete is poured as to ensure the exposed lumber does not deteriorate. LBC shall not be held liable for loss of warranty entitlements, modifications or repairs arising from the oversite of this matter on the part of the customer.

WARRANTY POLICY
WHAT IS COVERED

Any issues attributed to craftsmanship or workmanship will be repair or replaced at no cost to the customer.

Any material or supply defects found during the warranty period will be, upon customer request, mitigated by LBC. This includes photographs, site inspections, meetings, phone calls, and other investigative operations or tasks on behalf of the customer, at no extra charge.

Craftsmanship and or workmanship is defined by any task in the performance of construction or erection of the building, by an employee or sub-contractor of LBC. Any errors either of willful or gross negligence that results in substandard construction or deviation from design, which lowers the quality or integrity of the building, will be repaired or replaced at no extra cost to the customer. Repairs of a structural integrity nature will receive a priority assignment to complete. Repairs of an aesthetic or leak nature will be repaired as soon as feasible. LBC makes no guarantees as to the timeline of repairs neither expressed or implied.

LBC’s 1-year workmanship warranty does not supersede nor negate the manufacturer’s warranty on supplies or material, unless such craftsmanship/workmanship invalidates such warranty, through improper or incorrect installation. Any and all occurrences of such will result in the repair or replacement of the affected materials and supplies, at no extra cost to the customer.

Any issues that the customer believes are a result of defective materials will be investigated by LBC. Once the investigation has been concluded and the results do indicate a manufacturer’s defect, LBC will repair or replace the defective materials and associated building components at no additional charge to the customer. The customer has the right to, at any point during the construction phase of the legacy project, notify LBC management that an employee or contractor of LBC is compromising the quality and integrity of the project in any way. Please contact, LBC through e-mail ([email protected]) or by phone (918.458.0827) to have an investigation launched immediately to correct or resolve the issue. We are available to our customers during normal business hours 8am – 5pm central time Mon. – Fri. Excluding holidays.

All claims must be submitted via our claims form accompanied by photo or video evidence and or any requested supporting documants or evidence. Claim validity  will be determined at the sole descretion of the authorized LBC representitive assigned to your claim. Our Claims Form can be found here found at: https://form.jotform.com/92174676754166

WHAT IS NOT COVERED

Any acts of vandalism, violence, negligence (willful or gross), arson, improper care/maintenance, modifications, product/materials not provided by LBC, or damages by natural forces/acts of God.

Any items in the building that are damaged by fault, pestilent infestations, leaks, wind or exposure forces as a result of substandard workmanship or material defects will not be repaired or replace by LBC.

Windows not under a porch or lean-to of significant coverage are not covered under warranty from leaks.

Walk doors not under a porch or lean-to of significant coverage are not covered under warranty from leaks.

Walk doors that are requested to be installed with an inswing will have a limited warranty against leaks.

Gable vents are not covered under warranty from leaks.

Any building or building portion with a full or partial open wall will have a limited workmanship warranty for 6 months.

Frame outs for windows walk doors or overhead doors will not warranty against leaks. To include but not limited to customer provided doors and windows if installed by legacy but were not provided by legacy shall not be covered under our warranty against mishandling damage or leaks in any case.

Installed overhead doors are not covered by LBC warranty.

LBC at no time expresses or implies any such warranty beyond a manufacturer’s warranty for “material only packages” or “kits”. LBC neither expressed nor implied shall warranty any building that was not purchased through LBC, all warranty claims must be accompanied by (a) certificate of warranty issued and signed by LBC or by (b) proof of purchase

Buildings with spray foam applied will invalidate the workmanship warranty in part or in full at the sole discretion of LBC.

Any injury sustained, or further damage incurred, during an unauthorized attempt to repair or replace any materials due to substandard workmanship or material defects, by the customer or by others, is at the sole responsibility and liability of the customer. All warranty replacement or repairs are to be done by an LBC employee, contractor, or authorized sub-contractor. Failure to adhere to this will invalidate any warranty by LBC, or any claim for warranty to LBC.

Any additions, modifications, or damage by the customer or by other parties will void the warranty in part or in whole. All manufacturer’s warranty guidelines are to be followed. Any deviation from this standard may result in the invalidity of this warranty and/or that of the manufacturer’s warranty.

LBC at no time expresses or implies any such warranty or warranty coverage against settling. And damages or repairs of damage due to settling, such instances are at the customer’s expense. LBC recommends using a competent excavation company to build an adequate dirt pad to limit the possibility of settling.

No part of this warranty expressed or implied constitutes an insurance policy for the building. At no time shall this warranty be construed as an acceptable means for causation or effectual remediation of incurred costs for associated damages related to, but not limited to, workmanship or material defects.

At no time shall any opening(s) of an LBC post-frame building, which has been requested to be exposed, be warrantied longer than 6 months year without protective sheathing, such as, but not limited to, post trim or other trim(s) where applicable or coating applied by LBC or by the customer within 60 days of installation. LBC will not cover by warranty, coatings or trimmings by other parties. Overhead door, walk-in door, or window frame outs, in the instance of the door or window, is to be provided by others or by the customer will only be covered by warranty for 60 days. After 60 days of exposure by “the elements” to the exposed lumber and or materials, the warranty shall be invalid in part or in whole. Open-sided sheds, such as, but not limited to; lean-to sheds where unprotected materials are exposed to the forces of nature or “the elements” for prolonged periods of time cannot be warrantied longer than 1 year.

Any LBC post-frame building that is purchased as a “special” or a building designated as an “American traditions series” building is not eligible for the standard 1-year warranty. LBC at no time expresses or implies any such warranty beyond a manufacturer’s warranty for “material only packages” or “kits”. LBC neither expressed or implied shall warranty any building that was not purchased through LBC, all warranty claims must be accompanied by (a) certificate of warranty issued and signed by LBC, or by (b) proof of purchase (c) photographic or video evidence of the issue being claimed (d) properly filled Claim Form providing customer name, job number, phone number, address, and perinate building and claim details. Without this information the claim will be rejected and will not be processed or investigated and or repaired.

ACCEPTANCE

By signing the “contract”, the customer acknowledges the warranty conditions, and that no other statements expressed or implied negate the contents and conditions of this “warranty policy.”

RETURN POLICY

returns will only be accepted under the following circumstances:

A building under contract is canceled after materials have been delivered.(additional fees for cancellation may still apply)

A $50 charge will be assessed for all return checks.

A $100 charge will be assessed for all stop payments.

No returns on material only packages.

All custom-building sales are final.

Once construction has begun no returns will be accepted.

No returns will be accepted on installed items.

No returns will be accepted on custom or special ordered items.

Materials left behind by the builder will not be accepted for return.

Cull, waste, or other scrapped materials will not be accepted for return.

25% deposit may not be refundable after materials are delivered, please see the cancelation policy and escrow accounting provision herein for more details.

No returns of material after 7 days uncovered, 30 days under proper cover.

A charge of 35% will be assessed on all materials accepted for return.

No returns on items/materials in the following conditions:

broken or busted bundles/packaging

weathered items or other deteriorating items

cut / modified

rusted/oxidized

darkened lumber or sun faded metal

damaged or mishandled

painted or vandalized

moisture soaked/saturated

showing signs of ground contact for more than 96 hours (4 days)

All returns must be in un-opened original bundles/packaging.

All returns must have been adequately covered or stored to be approved for return.

All returns must be inspected and approved before a credit can be issued.

Credit on approved returns will be sent via certified carrier in the form of a check.

No credits will be paid out in the form of debit and/or credit cards, direct deposit, money order or wire transfer.

All returns must be accompanied by a full bill of lading reflecting the item inventory that is to be returned.

All returns must be accompanied by a return materials authorization form.

Credit will be issued within 90 days after LBC receives, inspects, and approves the items for credit.

Customer returning items will pay freight and pick up fee, at the time of arrival of the truck at the point of pick up.

Pick up fee for the bundled material is $500. Freight per mile is $4.50. Local pickups (anything 50 miles or less from Tahlequah, ok.) Will result in a flat freight fee of $225.

Any items may be denied loading if they cannot be secured properly to the freight vehicle. No credit will be issued for those items.

If one item within a bundle or a package is determined to be non-returnable then the whole package or bundle maybe considered non-returnable.

This policy excludes warrantied items on completed buildings. No monetary refund will be given in the case of a warranty issue when an exchange will suffice.

Original freight bill for the initial delivery or “monies” applied will not be refunded.

This policy is subject to change at any time without notice. All decisions are based on a case by case basis, therefore, all decisions regarding returns are made at the sole discretion of LBC.

Acceptance

By signing the “contract”, the customer acknowledges the return conditions, and that no other statements expressed or implied negate the contents and conditions of this “return policy.”