UNIVERSAL TERMS OF SERVICE
Due to the ongoing market volatility in response to the Covid 19 pandemic, prices are changing daily with moderate and very significant changes weekly and monthly, respectively. For this reason, Legacy Barn Company has been forced to modify its business model of fixed contract pricing to a variable pricing structure based upon estimates which are only valid for 24 hours. This is an attempt to stay solvent and operational which remains a top priority to the officers of this company.
Additionally, in response to the instability of the market, Legacy Barn Company is taking several actions to keep ahead of the changes as much as possible. This is our notice to you our valued customer of some of these actions. LBC can no longer issue quotes, long-term fixed price quotes or contracts, or extensions of any existing Quotes or Contracts. Likewise, LBC shall not issue any written or verbal “ballpark” pricing, except through a formal estimate.
- The Escalation clause of the “Universal Terms of Service” has been added and is now in effect.
- When signing the contract the customer understands and agrees that the building materials must be picked up or shipped from the distributor’s yard on or before the 7th day and the contract price is valid for 7 days from the date it is issued by Legacy Barn Company. After the 7th day period, the pricing is subject to change in accordance with market volatility.
- You will be required to provide two checks at the time of pickup or delivery
- The first check will be made to Legacy Barn Company for the down payment amount.
- We do not accept any electronic payments, except bank wire transfers and they must be made the day before it is picked up or delivered, as they take 24 hrs (workweek) to complete
- The second check will be made out to Burrow’s Post Frame Supply for the materials amount.
- The first check will be made to Legacy Barn Company for the down payment amount.
- We only accept certified cashiers checks as payment.
- If picking up at the supplier, you may pay with cash, certified cashier’s check, or credit/bank card to the supplier for the materials amount.
- Please be aware that prices change marginally on a daily basis, moderately on a weekly basis, and significantly on a monthly basis.
- We are no longer taking down payment due at signing. We have moved this to be due at the time of material delivery or pick up.
- Materials are invoiced the day they are shipped or picked up. The final material cost (LBC’s invoice from materials supplier) may not be accurately known until the materials have left the supplier’s yard.
- LBC will do our best to help you mitigate major changes, but cannot make any guarantees written or implied and shall not be held financially liable if an increase negatively affects your project or budget.
- If changes are made to the building design or specifications during or after the 7-day window, current pricing at the time of the change may negatively affect your project price.
- Delivery dates cannot be scheduled until we have received a written and signed commitment to purchase or a valid contract.
- The customer has the right to cancel up to the point when the production run has been started then heavy fees and charges will apply.
- Restock fee of 40% of the materials cost if the order is canceled.
- If canceled after the material is en route or on your site will incur the original delivery fee plus restock fees and return mileage fee at the rate of $4.50/mile and any applicable fee for offloading, drop charge or reloading fees as they might apply.
- Stock items for delivery require at least 8 days by our supplier’s standards to have shipped, 4 days if being picked up.
- Special order item lead times have been drastically increased from 2-4 weeks, some items 8-12 weeks, out depending on the item. We do not recommend choosing options that are special order. This may incur large additional costs.
- The customer’s 3rd party delivery company or the customer picking up the materials are responsible for the material while in transit after they leave the yard in regards to loss damage, replacement costs; if stolen or destroyed. We will count and take pictures of the materials on the truck before they leave the yard. We recommend you or your driver do the same. If picking up the materials, it is the responsibility of the customer to confirm the weight of the materials and that the vehicle is rated and safely capable of hauling the materials to the destination. We recommend the customer hiring a 3rd Party delivery company to secure the material as soon as it is ready to keep from having to absorb increases waiting on the delivery date.
- We are moving to a rapid fluidic format when it comes to delivery and building schedules to stay ahead of large material price increases. This will be controlled chaos.
- We can no longer guarantee or even imply a crew start date until materials are on the customer’s premises. It may still be several weeks before the crew arrives due to the nature of having to advance the delivery or pickup of materials to head off price change.
- Unexpected weather and production delays may cause delivery delays which could cause an increase in the total cost. We will do everything we can to help get the material out of the yard before it increases, but we make no guarantees we will be able to do so.
- Please be ready to receive the materials if by delivery, Please have adequate access that remains suitable and dry enough for delivery or have an alternate plan in place to receive the material if wet weather is an issue the day of delivery.
- Please have a way to adequately store the materials inside or off of the ground and cover the materials with tarps.
- We will no longer be reimbursing for tarps coverage materials or labor to apply.
- If you choose to leave the material uncovered you assume the liability to replace material items which become warped twisted or otherwise unusable to weathering effects.
The customer understands and is in agreement that Legacy Barn Company has no control of the market volatility, costs, timeline and delivery delays, or product availability. Please understand we do not like this situation in any way and we appreciate your patience and understanding as we attempt to navigate this situation with the least amount of dysfunction.
The customer understands and agrees that LBC has the right to seek relief of any additional cost incurred due to an increase in materials beyond its control. Furthermore, the customer may be billed for such an increase at the time of delivery or pick up of materials or as a back charge after completion of Delivery, Pick up, or Construction if applicable, to be paid in addition to the final payment as applicable or through a separate invoice. Legacy Barn Company agrees to absorb any additional costs increase up to, but not to exceed $200 above what is expected by LBC during the Formulation of the Estimate.
Overages: Any increased amount over $200 as a difference between the Supplier’s Sales Order Acknowledgment (received by LBC after placing the “Purchase Order”) and the Suppliers Invoice total amount (received by LBC when materials have left the yard) constitutes the “overage” to be paid, this overage will be communicated to the customer by a representative of LBC in an attempt to seek relief. It is the responsibility to pay the remainder of the overage if in excess of the $200 amount paid by LBC.
Payments: The customer understands these terms and conditions and agrees to fully pay the “overage” as defined in this clause, as always when regarding payments; TIME IS OF THE ESSENCE. The customer shall have no more than 5 days to make the payments to cover the overages.
When this clause is in effect it shall supersede any related clause or condition of the UTS as it is and when any such clause term or condition is in conflict, the Escalation clause shall be the prevailing rule, and remain in effect until such time as it is disclosed and no longer in effect on LBC’s Documentation.
CODE AND PERMIT.
The customer is responsible for and is required to research any and all local building codes and criteria. The customer is responsible for submitting all pertinent code and criteria in the jurisdiction and obtaining approval for which the project is located before signing the contract. The required code criteria including material specifications, building specifications, limitations, licensures, and other regulatory requirements are to be submitted to Legacy Barn Company, LLC (hereafter “LBC”) for review before quoting. A minimum of $500 fee to be added to all contracts requiring building permits in addition to any additional charges to cover code compliance upgrades, this fee, and associated costs may be assessed as a back charge in the event of no foreknowledge was provided. The customer is responsible for any fines or citations for non-compliance or failure to file permits, and any project shutdowns because of non-compliance or failure to file permits, will be assessed a demobilization charge to the customer of $750 or their standard demobilization (hereafter “demob”) fee by zone, whichever is greater. If LBC is not permitted to resume work by failure to comply on the part of the customer, then the contract(s) related to the projects will be immediately and automatically invalid. The customer must render the full amount due at completion at the said time regardless of completion status and LBC shall not be responsible for the liability of completion of any of the contract obligations. Unless otherwise and clearly annotated on the contract all prices do not include any of the aforementioned charges, fees, or fines.
A level site is required. The pad must be within 6″ of level, free of vegetation, obstacles, vehicles, and debris. If not, any work or material required including; longer poles, skirting, other solutions, materials or labor to accommodate the unleveled site will be at customer’s expense and added to the total contract price or be back charged accordingly. If in the event the crew arrives, and the site is beyond the level requirements set out above, the customer will be assessed a demob charge of $750, or the standard demob fee by zone, whichever is greater. The customer will then need to have the pad brought within tolerances specified. If LBC is requested to build on native, out of level ground; a fee of $500 per day will be assessed as a back charge for the duration of the project. The builder does not do “dirt work” (i.e. site prep and pad construction). All work by others regarding site prep and pad construction must be completed prior to the builder’s construction start date. Site and pad must be clear of equipment and debris prior to construction start date. LBC will not be held liable for any issue that arises out of the site being ill-prepared and the customer specifically releases LBC from any financial or other obligation arising therefrom.
ROCK & HARD DIGGING.
It is the customer’s responsibility to notify LBC if rock or other materials are present, which may inhibit excavation. To include, but not limited to; digging for pier holes to set posts for the buildings as required prior to or at the time of LBC formulating an estimate for the customer. All prices reflected herein, unless otherwise annotated in the contract, do NOT include charges for such rock or hard digging conditions.
If the customer notifies LBC of the presence of rock or other hard digging conditions on site to include, but not limited to; rock type, density, frequency, and depth, LBC will factor in the rock charge into the bid at a 10% discount from what would otherwise charge if discovered subsequent to contract start.
If rock or hard digging is discovered subsequent to contract start.; without prior notification, as aforementioned, there will be a back charge to the customer of $750 per day, for a maximum of 3 days. If the target depth cannot be reached within 3 days the crew will pull off the job, assessing the standard demob fee by zone. The fee will be due before the crew leaves the job site. This charge does not include any equipment or rentals if needed. It will be the customer’s responsibility to have the holes opened to the target depth. If the use of an air compressor, jackhammer and or rock auger is required, the customer will be responsible for the cost of equipment rental delivery, pickup, fuel, maintenance, and rental insurance. This fee will be assessed as a back charge. LBC will attempt to minimize the costs through other manners, if possible and in such event, the costs may be less. Final charges, fees, and associated costs to the customer are at the sole discretion of LBC.
The crew may require utilization of the following equipment to mitigate the rock or hard digging conditions. A rock bar, a jackhammer (electric) with generator, a jackhammer (pneumatic) with compressor, skid steer or tractor (enough in size and power), and auger with rock bit teeth. All equipment and or equipment rentals required for mitigation of the rock or hard digging is the responsibility of the customer.
The crew will not utilize any heavy equipment such as a backhoe or hydraulic excavator. At no time shall LBC nor any crew member be responsible or liable or compelled to be liable for the cost of blasting or the required permit for blasting, or any damages or other liability associated with blasting to reach target depth.
EQUIPMENT & RENTALS.
For the purpose of this the agreement, the reference to the word equipment shall be construed as medium or heavy-duty machinery (not to include the use of hand tools and small power tools). During the normal course of construction, during repair or addon jobs, to include but not limited to; poles and plates jobs. The need may arise due to certain foreseeable or unforeseeable situations that may warrant or require the use of standard or specialized equipment to ensure the proper, safe, efficient, or timely performance of any given task necessary to complete the project as outlined in this the agreement or other instruments related to this the agreement. Unless otherwise and clearly annotated in the contract, all pricing does not include the costs or fees associated with the equipment. LBC nor any of its construction crews will have on hand or on-site any standard or specialized equipment.
As forgoing, all equipment and or equipment rentals required by or for the purpose as aforementioned is the responsibility of the customer to provide said equipment on the date or the time specified when possible. In those cases, and after notification by LBC, it will be the customer’s responsibility to provide the necessary equipment to the job site when needed in proper working condition for such instances. The customer’s failure to do so will result in additional costs to the customer, as determined by and at the sole discretion of LBC.
LBC will if in the event of a foreseen situations, shall notify and annotate when applicable the need for the equipment, the name or size of the equipment, the period in which it will be needed and the likely duration for which it will be needed. Likewise, in the event, an unforeseen situation arises where equipment is needed LBC will notify this customer as soon as possible.
LBC will require a skid steer/tractor of sufficient size and power, auger, and 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 change LBC’s standard method of construction.
Additional equipment may be required; such as equipment to accommodate setting trusses at a given height, when installing ceiling metal, or working roof and upper wall metal, trim, and/or fasteners at certain heights.
If a customer’s project requires any equipment and the customer requests LBC to provide the equipment, there will be a back charge equaling the cost of the equipment rental, delivery / pickup, maintenance, & fuel + 20% which will be due upon the completion of our portion of the project as a back charge.
The customer is responsible for all materials delivered to the job site and left on site. LBC, contractors, and delivery personnel are not responsible for damage, theft, vandalism, or damages to or 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, such as; soda bottles, food wrappers, etc., will be disposed of by the contractor. The customer understands and agrees that if the customer wishes to have onsite dumpster service it will be at the customer’s expense and the customer is responsible for the logistics & liability thereof. The customer must notify LBC if dumpster service is requested prior to the mobilization of the crew. Otherwise, no guarantees will be made expressed or implied that the crew will make use of the dumpster service provided. In the event the Customer wished to burn the remaining waste, it is strongly recommended that the customer does NOT burn any treated lumber materials, this WILL be toxic. LBC shall not be held liable for any damages injuries sickness or death that may arise from the handling, mishandling, or of the burning of waste materials; including but not limited to. treated materials. Please be advised metal and trim cutoffs are EXTREMELY sharp and can be a hazard when handling.
DAMAGES AND DELIVERY.
The customer will be responsible to ensure adequate access is available to LBC and its agents from the main road to job site, free of; locked gates, narrow passageways, low clearance obstacles, weight limited bridges, and or terrain features that would inhibit transportation of materials, by either; a 1-ton truck and or trailer combination and or an 18-wheeled semi delivery truck with a 53′ trailer. The use of onsite material handling equipment may be required. (i.e.: piggyback delivery system class of forklift.) The customer understands and agrees that LBC, their employees, contractors, and agents will do everything possible to limit damage to property. However, LBC, its employees, contractors, and agents assume no liability if of any such damage. No guarantee is, has or will be made, either expressly or by implication, and the customer waives all such guarantees or warranties. Damages to landscaping, tin horns, fencing, gates, flowerbeds, roadways, and cattle guards etc., may occur while delivery is made. The driver of any such delivery company has no authority to bind LBC into any agreement or remedy for damages or loss. Any and all agreements must be in writing, signed by both the Manager of LBC and the customer to be effectual or binding. The customer is responsible to notify the builder if any might exist within the project location or for access to the project location prior to the delivery of materials.
The customer will be responsible for any towing fees incurred from the main road to the job site.
The customer is to provide Quikrete or equivalent bagged concrete for post holes. A minimum of two 80lb bags per post for post depth of 3’ @ 12” diameter is required, with a minimum of three 80lb bags per post for post depth of 4’ @ 12” diameter. The customer should account for wet or torn bags in the installation process and provide additional Quikrete accordingly. The Quikrete must be on the job site the day prior to the arrival of the crew. Those bags should be stored sufficiently off the ground located in the center of the dirt pad and adequately wrapped or tarped upon delivery. Any excess of those materials will remain with the customer after installation of the posts. LBC is not responsible for reimbursement of any costs, for any such Quikrete, in any way.
PHOTOGRAPHS AND VIDEO.
The customer acknowledges and agrees to allow LBC to photograph and or video the site, structure, interior, and exterior, in part or in whole, before, during, and or after the completion of construction. The customer grants the builder unlimited permission to maintain records of these photographs or videos for warranty, customer service, and marketing purposes. The customer is responsible for the removal or concealment of items they do not wish photographed or videoed. The customers acknowledge and agrees that any such photos and or videos become the property of LBC.
110v/20a electric services must be available within 150 feet of the dirt pad. If said service as specified is not provided, the customer will incur and be responsible for an additional $250 per day. If LBC or its crew is required to supply a generator, the customer shall be responsible for an additional minimum (back charged) fee of $300. If a generator is supplied by the customer, the customer waives any liability on the part of LBC its directors, employees, contractors or agents. Likewise, the customer agrees to hold harmless the aforementioned in the event of damage or other costs for said generator.
If an electric jackhammer is needed on the job site, then a generator will be required regardless of distance from electric service and the customer will be responsible for the costs of acquisition and operation of both the generator and jackhammer for the full duration it is required.
If sealed engineer blueprints, windstorm certifications, and or FEMA Flood Plan Elevation Certificates are required, as well as; any upgrades or changes in materials, delivery, and or labor will be at an additional cost to the customer. In the event any or all these documents are required, they must be purchased prior to the contract and a revision to the estimate, quote, or contract will be required, any and all previous estimates, quotes, or contracts will become invalid.
WARRANTY DISCLAIMER CLAUSE.
In most cases, LBC workmanship is guaranteed for 1 year, in addition to any applicable manufacturer warranties. LBC and its employees, contractors, agents will not be responsible damages caused by 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 and or coverages.
SEVERE WEATHER CLAUSE.
The customer acknowledges and agrees that LBC will make all attempts to start and complete the project by the dates projected in the initial agreement. However, LBC retains the right to reschedule the projected dates as necessary for the safety of its employees, contractors, and agents in such circumstances, which will result in delays to those dates. All such delays shall be at the sole discretion of LBC and customer acknowledges and agrees to the same. LBC shall notify the customer of any and all such delays and changes to the schedule in a timely manner.
It is the customer’s responsibility to view LBC’s return policy, which is viewable publicly at http://www.legacybarnco.com/info/return-policy. By signing the contract, the customer agrees to the terms and conditions therein.
The customer understands that any event onsite which requires the builder or the crew to stop work in the middle of the job without the event having been previously scheduled and factored in to the quote; will result in the customer being assessed a demobilization fee of $750 per occurrence or a standard demob fee by zone, whichever is greater. Please see the chart “Standard Demob Fees by Zone” for more information.
CHANGE ORDER POLICY.
The customer understands and agrees that once the agreement is signed by LBC it becomes a legal and binding contract. Only modifications in writing and signed by both the customer and the manager of LBC shall be binding. All other modifications to this contract require a written change order which will state the changes to be made, the associated costs, and a payment schedule. The change order 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.
Change orders during construction will be assessed the typical fees for change order, change order fee, materials, delivery, and labors, in addition to any applicable fee for waiting typically ($100 per hour.) or demob fee, situation dependent and at the sole discretion of LBC. Please see the chart “Standard Demob Fees by Zone”.
GOVERNING LAW; JURISDICTION; VENUE.
The validity, performance, construction, and effect of the contract shall be governed by the laws of the state of Oklahoma, without regard to “choice of law” or “conflict of law” provisions. Each party consents to the District Court of Cherokee County, Oklahoma, as the exclusive jurisdiction and venue to determine any non-arbitral disputes. The parties waive any argument or objection to such jurisdiction and venue and hereby agree that such jurisdiction and venue are mutually convenient.
WAIVER OF JURY TRIAL.
Each party hereby irrevocably waives its rights to trial by jury in any action or proceeding arising out of this agreement or the transactions relating to its subject matter.
SERVICES NOT PROVIDED.
LBC does not provide any type of elevation grade, such as; site clearing, dirt work, and or pad prep work. LBC does not provide any type of turnkey installation, such as; stud wall installation, finish out work, concrete, flatwork, spray foam, batted or blown insulation, or any other type of residential insulation work.
SLIDING DOOR SIZES.
Sliding door sizes are based upon the panel size and not the opening size. This will result in the opening being one pole width narrower than the nomenclature or the panel size. The pole width is determined by the size and placement of both the building and the door respectively and will range between 4.5ft to 7in. It is the customer’s responsibility to verify the actual opening size is large enough for its intended purpose. LBC cannot be held liable for oversight of this matter on the customer’s part.
Sliding doors are generally preferred on agricultural applications, primarily because the Sliding door will not seal as an overhead door. LBC makes no warranties or guarantees, express or implied that a sliding door provides an adequate barrier to the environment, elements, or pestilence. LBC will not be held liable for issues or damages arising from the weatherization or expectations of weatherization of a sliding door.
Split sliding doors CANNOT be installed on a project that requires concrete to be installed before or during construction, if this instance occurs this is a clerical issue and the customer MUST inform the Customer Service Representative (henceforth “CSR”) so that a modification can be made to the contract. Otherwise, the contract becomes wholly and immediately invalid.
All sliding doors are metal framed, LBC does not provide wood framed sliding doors.
Overhead door sizes shall not be any narrower than the name indicates, or the opening frame will be repaired at no cost to the customer to meet the intended size. However, the opening may be slightly larger than the name indicates. It is the customer’s responsibility to measure the finished opening before pricing ordering or installing the final overhead doors. LBC cannot be held liable for oversight of this matter on the customer’s part.
Likewise, it is standard practice to upgrade the wall height of a building to accommodate a door of a certain size. However, in some instances the customer has opted to go with the originally requested wall height, this is well within your right, provided we are not contracted to install the door. If this is the case, the overhead door contract will become invalid. Please note that our standard is the wall height must be 2ft 6in higher than the opening on commercial doors (typically spec’d out). An 8ft tall door requires a 10ft 6in wall height and so on, until the door height reaches 14ft in height then, we must have a wall height of 17ft or greater. This is recommended by our installer. Each installer is different, please verify with your door installer that the request height will yield enough clearance for your assembled door. We cannot recommend any door assembly utilizing or requiring low clearance radial track. LBC cannot be held liable for oversight of this matter on the customer’s part.
We cannot recommend overhead doors that exceed 16ft in width or greater than 14ft in width in high wind areas.
The maximum width of an overhead door frame provided by LBC is 20ft on a gable wall and 16ft on an eave wall.
The use of a scissor or vaulted truss design does not negate the size availability or limitations of an overhead door.
The maximum height of an overhead door frame provided by LBC is 14ft tall and is limited from there by the wall height.
Please consider potential conflicts with overhead doors as we do not recommend placing overhead doors within 4ft of the corner of a building which has an installed walk-in door on it. We recommend placing the overhead door opening perpendicular to each other without first ensuring the door or track assembly does not pose a potential conflict when the doors are opened. LBC cannot be held liable for oversight of this matter on the customer’s part.
We highly recommend a water key be formed and poured at each door location, the water key will need to be at least 3.5in wide and run from the outside of the left door pole to the outside of the right door pole on the inside of the door opening and in between the door poles. We recommend 1/2in deep not to exceed 1in deep. This key can slope or drop or a combination of both. It is the responsibility of the customer to notify LBC or the crew of the depth or design of the water key so that the door can be framed accurately. LBC cannot be held liable for oversight of this matter on the customer’s part.
Overhead doors will be framed to include this water key, if known or if present, the overhead door will be framed to ½ smaller than the door name such as a 10ft tall door will be framed 9ft 11.5in to ensure the actual door will rest above and behind the inside door header.
Overhead doors will be framed to the top of the bottom plate (green board) minus the depth of the water key, if known or if present. If a slab with or without a water key is present during framing, then the height of the finished slab will be factored in.
If no slab is present or will not be poured in the future, if known, the doors will be framed from the bottom of the “bottom plate” (green board). It is the responsibility of the customer to notify LBC or the crew of the depth or design of the water key so that the door can be framed accurately. LBC cannot be held liable for oversight of this matter on the customer’s part.
If no slab is present or in the event no slab will be poured in the future. It is the customer’s responsibility to provide either a concrete beam for the actual overhead door or a wood box beam to ensure the overhead door have a dedicated threshold to provide adequate stopping resistance and a seal for the door installer. Legacy Barn Company LLC will not provide this. LBC cannot be held liable for oversight of this matter on the customer’s part.
Projects, where the overhead door will be installed by our sub-contractor, a spring pad and appropriate back jambs, will be placed according to his specifications.
Projects where the overhead door will be installed by others, spring pad or appropriate back jambs may not be installed.
Projects with overhead doors will require an additional contract specific for overhead doors.
Projects with overhead doors cannot be canceled once ordered.
Installed overhead doors are not covered by LBC workmanship warranty.
Installed overhead doors are not available in all project locations of our service area.
Not all sizes colors or designs of overhead doors are available through LBC’s supplier or installer.
Typical overhead doors we provide and quote are white commercial grade doors with no electric opener in sizes of 2ft increment in height and width.
All dimensions regarding overhead doors are given in Width X Height. I.e. 10ft X8ft.
LBC’s overhead door frames and trim are not compatible with all types of doors and weather stripping by others, additional weather stripping or trimmings may be required by the customer or their door installer at the customer’s expense.
#3 LUMBER CONDITIONS.
#3 lumber grade is typical “barn” construction and is the standard on LBC buildings unless otherwise requested and or available. #3 lumber southern yellow pine is typically juvenile lumber with higher knots, higher moisture content from the mill. It is the lowest and cheapest grade lumber that is still classified as construction grade. It is the most predominant and widely accessible in the smaller range of the dimensional lumber selection. It is not typically found by sourcing locally to a project build site and when necessary may be substituted with a Douglas Fir alternative, which is more common when locally sourced. #3 lumber typically has a higher content of bundle mold from the mill or supplier due to the higher moisture content and may be subject to further molding while bundled.
#2 OR BETTER AVAILABILITY.
#2 southern yellow pine is mid to higher grade of lumber and is not available in all sizes of dimensional lumber through LBC’s standard material suppliers or distributors. Only selected lumber sizes are available, and availability can and often change due to market demand and fluctuations. LBC cannot guarantee that #2 or better lumber will be available for your project at the time of contract or order. #2 lumber generally is drier than #3 from the mill, has fewer knots, tighter grain pattern and has a slightly higher fiber density, which comes at a higher cost. #2 is not typically used as “barn” lumber, whereas #3 is the typical choice industry-wide.
CONCRETE SLAB POURED BEFORE CONSTRUCTION.
This would be if the customer requested the building to be attached to an existing concrete slab, or stem/retaining wall, known as “slab mount”. Best suited to buildings that do not exceed 12ft 6in in height and for a largely practical purpose of avoiding conflict with digging in rock, this option is not very cost effective unless in situations aforementioned. Likewise, the structure then becomes dependent on the integrity of the existing slab and the building warranty would be heavily modified to reflect the building will only be as integral as the slab. Currently, LBC does not install any slab mount materials or their labors as needed.
CONCRETE SLAB POURED DURING CONSTRUCTION.
This would be if the customer requested the building posts be direct buried (our standard practice), yet the customer could not economically or practically justify pouring the concrete after construction due to building size and opening locations or other site conditions which would prohibit pouring the concrete after construction. This will add to the project cost and timeline; additional and separate deliveries and crew travel times will increase the project cost significantly. Additional temporary bracing would also need to be added to the cost. Not all of LBC’s construction crews prefer or even perform this option. This Option is known as a Poles & Plates Job, the availability and pricing of this additional option are subject to change without notice. Poles and place even properly braced and staked can be damaged or knocked out of alignment making completing the building more difficult or even impossible in some major situations, additional expense may be incurred in this event, LBC cannot and shall not be held liable for incurring the cost of aforementioned damages or remedies.
CONCRETE SLAB POURED AFTER CONSTRUCTION.
This would be if the customer requested the building posts be direct buried (our standard practice) this is the simplest and most efficient method for LBC and the construction crew thus lowering the cost of construction. However, in certain instances governed by the concrete installer, the concrete crew may find it impractical or more difficult to pour this way, typically regarding building size, and layout of the openings. Due to this the concrete contractor may charge the customer additional fees. It is the responsibility of the customer to determine the available route to proceed. There are risks involved with pouring the concrete after construction, damage to metal, trim, posts, windows, doors and etc. can occur. The concrete crew if not careful, can pour on, or allow concrete to splash on, or otherwise come in to contact with the back of the metal panel (“the substrate”) if not properly cleaned prior to hardening, will invalidate the metal manufacturer’s warranty in part or in whole at the sole discretion of the metal manufacturer.
POLES AND PLATES SCHEDULING.
Poles and Plates Jobe refers to the option to mobilize a crew to the project site to install the poles and bottom plates in preparation for the customer to pour a concrete slab, then demobilize from the site to return later. This option is limited to crew availability, geographic location, and may require separate delivery charges, additional materials, additional labor fee, along with the appropriate demo fee by zone. This option increases the inherent project timeline, (in some case it can add a significant increase of time required to return or complete) and may cause scheduling and logistical challenges, which may result in delays to completion and weathering of material already on site. If the customer chooses this option which is not recommended by LBC, then the customer will only have 1-2 weeks (maximum) to complete any plumbing electrical or other rough in and concrete work. No guarantees will be made expressed or implied by LBC about the timeline to return to complete. The project will be re-added to the schedule and worked in at the earliest possible time. This option does inherently increase the risk of potential scheduling conflict with weather and if the customer cannot complete their portion of the work within the specified time then the customer must mitigate materials lose by cover or moving to cover the materials and may be solely responsible for any damages to material by moving or failing to properly cover all perishable materials. If the customer has completed their portion of work within the specified time frame and LBC cannot return to the site within a reasonable time frame (typically 1 to 2 weather crew availability) then LBC will assume the sole responsibility to replace undamaged, but weathered material.
SPRAY FOAM USE ON A LEGACY BUILDING.
Spray foam is a pressurized applied foam insulating product that may cause leaks in the seams of the metal panels when the foam is not applied correctly and becomes trapped between the wood structure and the gaps in the metal panel reinforcement rib. The excess pressure can cause the seams to separate, causing gaps which allow water intrusion. Spray foam can also trap moisture between the metal and the foam insulation which may result in pinhole leaks and rust which invalidates the metal manufactures warranty, thus any application of spray foam to a legacy building installed after construction of the building will invalidate the workmanship warranty in part or in full at the sole discretion of LBC. Spray foam installation is not a service provided by LBC.
Any handwritten annotations on the contract by the customer will not be accepted. Other than the customer’s signature or color choices (blank Lines provided) Any change to the contract by the customer must be counter signed and agreed to by an authorized representative of LBC. Any other annotation by the customer, i.e. any written not typed note instruction or change by the customer may invalidate the contract unless previously agreed upon with and signed by an authorized representative of LBC.
AVAILABILITY AND SUBSTITUTION OF MATERIALS.
LBC reserves the right to substitute any material which is currently not available through their normal supplier. LBC will attempt to notify the customer of any substitution of material or any unavailable materials which may affect the customer’s project. No guarantees are made that the substitution will be of equal or higher value or that LBC will have knowledge of the substitution in advance. Please note that not all colors are available in 26 Gauge (hereafter “GA”) if the customer requests a color, but it is not available in 26 GA then the same color will be sent as 29 GA or the customer will need to resubmit a different color choice, prior to LBC ordering the material from the supplier if no alternate color choices are made and submitted in writing then the original color will be sent in 29 GA. The customer may be entitled to a refund of the difference of cost between the 29 GA and the 26 GA, or if the customer shall wish to proceed and if available through another vendor, the requested color in 26 GA can be provided for an additional cost which will not be reflected in the contract. This upgrade charge may be billed as a back charge.
Breach of Contract. Any breach of contract by the customer may result in an additional fee of $2,500.00 and any associated cost to collect, or to litigate, including court cost and reasonable attorney fees.
PROPERTY AND BUILDING ACCESS.
The customer understands and agrees to provide unfettered access to the project build site to LBC, its officers, managers, employees, contractors, et.al to include, but not limited to; its suppliers and inspectors. The customer understands and agrees it is their responsibility to not only allow access to and from the site, but also to provide adequate (improved) road access such as a drive or gravel road. This is especially imperative during the time of inclement weather. If not provided, the lack of an improved roadway can hamper delivery of materials, construction and cause major delays in the project timeline. Wrecker fees and or damages to the property from ruts, or similar damage from vehicles traversing or getting stuck in the unimproved area, this shall include additional areas for the delivery vehicle to turn around to exit.
Force Majeure. Neither party will be liable for performance delays or for non-performance due to causes beyond its reasonable control, except for payment obligations.
1. A party shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is:
- beyond the reasonable control of a party.
- materially affects the performance of any of its obligations under this agreement, and
- could not reasonably have been foreseen or provided against, but
- will not be excused for failure or delay resulting from only general economic conditions or other general market effects.
i. Best Efforts to Cure. In the event of a threatened default or default as a result of any cause beyond its reasonable control, the defaulting party shall nonetheless exercise its best efforts to avoid and cure such default.
ii. Material Loss. In the event, such an event prevents performance thereunder for a period in excess of ninety (21) days, and materials are on the project site the defaulting party is responsible to mitigate material loss or for the replacement of damaged or weathered material deemed as a loss.
iii. Right to Extend. In the event of a threatened default or default as a result of any cause beyond its reasonable control, the defaulting party shall exercise the right to extend the project timeline with proper notification.
iv. Right to Terminate. In the event such an event prevents performance thereunder for a period in excess of ninety (90) days, LBC may elect to terminate this Agreement and/or cancel or suspend any Purchase Orders thereunder by a written notice to the customer.
2. Conditions of force majeure. (This list is provided as a reference and shall not be construed as exhaustive).
- Unforeseen changes to Legislation.
- Wars and other hostilities (such as terrorism).
- Adverse weather.
- Exceptionally adverse weather.
- Civil unrest, such as riots or revolution.
- Workforce strikes.
- Natural catastrophes such as earthquakes, tornados, hurricanes, floods, fires, and volcanoes.
- Epidemics or pandemics.
- Economic collapse.
- Unforeseen crew loss.
Standard Demob Fees by Zone
Zone A – $0
Zone B – $500
Zone C – $750
Zone D – $1000
Zone E – $1250
Zone F – $1500
Zone G – $1750
Zone H – $2000
Zone I – $2250
Zone J – $2500
Zone K – $3000
Zone L – $4000
The rendering of payment for change orders and back charges. By signing the contract, the customer understands and agrees to pay any fees associated with any change order(s) requested or required at the time of completion or per the terms of the change order. Likewise, the customer understands and agrees that their signature on the contract binds them to pay any associated back charges for unforeseen events as laid out in these universal terms of service, which are not exhaustive and may include any additional terms annotated within the contract. Back charges are to be paid at the time of completion of LBC’s portion of work unless other payment terms are expressed and agreed upon by LBC in writing.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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.
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.”
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
darkened lumber or sun faded metal
damaged or mishandled
painted or vandalized
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.
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.”