Terms & Conditions
MICHAEL JAMES DESIGN BUILD
MASTER TERMS & CONDITIONS
400 Contractor Protection Clauses | Warranty Policy | Materials Policy | Website Terms | Legal Rights
| IMPORTANT LEGAL NOTICE: This master document is intended as a contractor-protective framework for construction operations, website terms, project agreements, warranty limitations, materials policies, risk allocation, payment protection, and dispute procedures. It should be reviewed by a licensed Arizona construction attorney before publication or universal implementation. |
Glossary & Definitions
Contractor: Michael James Design Build, its affiliates, owners, managers, employees, subcontractors, suppliers, vendors, consultants, and authorized representatives.
Client: The property owner, investor, entity, tenant, authorized representative, spouse, partner, manager, or any person/entity authorizing or benefiting from work.
Project: All services, labor, materials, procurement, consultation, site work, scheduling, project management, construction, warranty, punch, and administrative activities.
Work: Any labor, materials, supervision, management, procurement, design coordination, demolition, construction, repair, installation, warranty service, or related service performed or coordinated by Contractor.
Authorization: Approval by written contract, estimate approval, payment, text, email, verbal direction, site access, scheduling authorization, digital approval, or conduct allowing work to proceed.
Change Order: Any modification, expansion, deletion, resequencing, redesign, material change, field directive, or cost/schedule impact after initial authorization.
Owner-Supplied Materials: Any materials, fixtures, appliances, finishes, equipment, or products selected, purchased, directed, provided, or controlled by Client or third parties instead of directly through Contractor.
Substantial Completion: The point where the work or applicable phase is sufficiently complete for intended use, despite minor punch items, backordered items, cosmetic touch-ups, administrative closeout, or minor corrective work.
Hidden Conditions: Concealed, inaccessible, latent, unknown, undocumented, existing, environmental, structural, utility, moisture, pest, code, or site conditions not reasonably discoverable through normal visual review.
Force Majeure: Events outside Contractor control including weather, material shortages, labor shortages, supplier issues, governmental delay, inspection delay, utility delay, civil unrest, emergencies, epidemics, acts of God, or market disruption.
Organized Category Breakdown
| Category | Clauses | Purpose |
| Contract Formation & Authority | 1-3 | Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area. |
| Scope, Materials & Procurement | 4-4 | Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area. |
| Payment, Billing & Collection | 5-6 | Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area. |
| Change Orders, Scheduling & Delays | 7-10 | Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area. |
| Warranty, Inspections & Acceptance | 11-13 | Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area. |
| Lien Rights, Disputes & Remedies | 14-21 | Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area. |
| Advanced Legal Protections | 22-40 | Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area. |
| Project Pricing, Site Conditions & Occupancy | 41-51 | Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area. |
| Dispute Waivers, Guaranties & Business Records | 52-65 | Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area. |
| Warranty Disclaimers, Insurance & Safety | 66-85 | Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area. |
| Investor, Design, Utilities & Legal Control | 86-102 | Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area. |
| Site Access, Security, Data & Payment Tools | 103-120 | Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area. |
| Materials, Hazards, HOA & Industry Standards | 121-140 | Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area. |
| Existing Conditions, Confidentiality & Enforceability | 141-160 | Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area. |
| Weather, Municipal, Pest, Utilities & Project Control | 161-180 | Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area. |
| Financing, Tolerances, Project Docs & Future Codes | 181-200 | Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area. |
| Owner-Caused Issues, Warranty Access & Equitable Remedies | 201-220 | Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area. |
| Scheduling Expectations, Digital Systems & Owner Changes | 221-240 | Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area. |
| Return Trips, Engineering, Warranty Conditions & Site Testing | 241-260 | Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area. |
| Client Disclosures, Financing & Construction Methods | 261-280 | Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area. |
| Collections, Internal Costs & Project Control | 281-300 | Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area. |
| Long-Term Project, Engineering, Staffing & Force Majeure | 301-320 | Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area. |
| Extended Duration, Existing Systems & Digital Evidence | 321-340 | Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area. |
| Storage, Specialty Systems, Temporary Conditions & Business Protections | 341-360 | Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area. |
| Expedited Requests, Field Verification & Owner Neglect | 361-380 | Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area. |
| Project Pause, Restart, Underground Conditions & Final Enforceability | 381-400 | Defines rights, responsibilities, limitations, procedures, and contractor protections for this subject area. |
Master Terms & Conditions – Full 400 Clause List
Contract Formation & Authority
1. AGREEMENT TO TERMS
By approving any estimate, proposal, invoice, scope of work, change order, material authorization, digital approval, text message, email approval, payment, or allowing work to commence, Client agrees to be bound by these Terms & Conditions. These Terms are incorporated into all agreements and project documents issued by Contractor.
2. CONTRACT FORMATION & AUTHORIZATION OF SERVICES
Client acknowledges that verbal approval, in-person approval, text message approval, email approval, digital approval, electronic signature, deposit payment, site access, scheduling authorization, acceptance of services, or permitting work to continue constitutes authorization to proceed and evidence that a binding contractual agreement exists.
3. PROJECT SCOPE
Contractor shall perform only the work specifically identified in the approved scope. Additional work caused by Client requests, field conditions, code requirements, engineering requirements, hidden conditions, city requirements, or unforeseen conditions shall require additional compensation and schedule adjustment.
Scope, Materials & Procurement
4. MATERIALS POLICY – NON-REFUNDABLE & CUSTOMER PROVIDED MATERIALS
All material deposits and material payments are non-refundable. Materials may be custom ordered, fabricated, cut, tinted, assembled, reserved, or procured specifically for Client. Customer-provided materials void warranty coverage related to those products and any resulting impacts; Contractor strongly encourages all materials be purchased directly through Contractor and/or affiliated supply channels.
Payment, Billing & Collection
5. PAYMENT TERMS
Finish materials generally require 100% payment in advance and labor may require deposits or progress payments before scheduling or continuation. Unpaid balances may accrue interest, administrative costs, attorney fees, collection costs, lien costs, and related enforcement expenses.
6. RIGHT TO STOP WORK
Contractor may stop work for nonpayment, unsafe conditions, harassment, excessive interference, lack of access, unresolved disputes, permit issues, hazardous conditions, Client breach, or any circumstance that makes continuation commercially unreasonable or legally risky.
Change Orders, Scheduling & Delays
7. CHANGE ORDERS
Any change to scope, layout, design, materials, engineering, selections, sequencing, schedule, or site conditions may require a change order and additional payment. Verbal, text, email, field, or digital approvals may be relied upon as billable authorization.
8. CONCEALED / UNKNOWN CONDITIONS
Contractor is not responsible for concealed conditions including dry rot, mold, asbestos, lead, structural failure, improper prior construction, unpermitted work, utility defects, foundation issues, termites, water intrusion, code violations, or inaccessible conditions.
9. SCHEDULE & DELAYS
Schedules are estimates only. Contractor is not liable for delays caused by weather, materials, suppliers, permits, inspections, labor shortages, Client changes, utilities, manufacturers, third parties, HOA, engineering, acts of God, or site access issues.
10. CLIENT RESPONSIBILITIES
Client agrees to provide site access, utilities, timely selections, safe access, protected personal property, pet and child control, and reasonable cooperation for inspections and punch work. Contractor is not responsible for pre-existing conditions or unprotected belongings.
Warranty, Inspections & Acceptance
11. WARRANTY POLICY
Contractor provides only the limited workmanship warranty expressly stated in writing. Warranty excludes manufacturer defects, normal wear, hairline cracks, movement, moisture, owner abuse, improper maintenance, third-party damage, acts of God, owner-supplied materials, and work modified by others.
12. OWNER-SUPPLIED MATERIALS
Owner-supplied materials are accepted at Client risk. Contractor assumes no responsibility for delays, defects, missing parts, warranty issues, damage, compatibility, quantities, color variation, or product failures related to owner-provided materials.
13. INSPECTIONS & APPROVALS
Client acknowledges construction tolerances, natural material variation, field adjustments, and staged completion. Use, occupancy, payment, rental, staging, or beneficial use may constitute acceptance of substantial completion.
Lien Rights, Disputes & Remedies
14. LIEN RIGHTS
Contractor expressly reserves all mechanic’s lien rights, preliminary notice rights, stop notice rights, bond claim rights, collection rights, and legal remedies available under Arizona law and applicable construction law.
15. LIMITATION OF LIABILITY
To the fullest extent permitted by law, Contractor liability is limited to the amount actually paid for the specific disputed work. Contractor shall not be liable for indirect, incidental, punitive, speculative, or consequential damages.
16. DISPUTE RESOLUTION
Before litigation, Client must provide written notice, a reasonable opportunity to inspect, and a reasonable right to cure. Disputes shall be governed by Arizona law with venue in Arizona unless otherwise agreed in writing.
17. TERMINATION
If Client terminates Contractor without legal cause, Contractor shall be paid for completed work, work in progress, committed costs, materials, overhead, lost profits, restocking fees, administrative costs, and non-cancelable obligations.
18. PROJECT DOCUMENTATION
Contractor may photograph, video, document, and maintain records of project progress, site conditions, materials, deliveries, communications, and completed work for business, legal, marketing, warranty, and collection purposes.
19. SAFETY & SITE CONDITIONS
Construction sites are inherently dangerous. Client agrees not to enter restricted areas and to keep children, pets, visitors, tenants, and occupants away from active work areas. Contractor is not liable for unauthorized site access injuries.
20. FORCE MAJEURE
Contractor shall not be liable for delays or damages caused by acts of God, weather, supply chain disruptions, government actions, labor shortages, epidemics, utility interruptions, civil unrest, or events outside Contractor control.
21. ENTIRE AGREEMENT
These Terms supersede prior discussions and form part of every estimate, invoice, proposal, scope, change order, authorization, and project communication unless expressly modified in writing by Contractor.
Advanced Legal Protections
22. ATTORNEY REVIEW / SOPHISTICATED PARTY CLAUSE
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
23. NO CONSEQUENTIAL DAMAGES
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
24. CLIENT INTERFERENCE CLAUSE
Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
25. THIRD-PARTY CONTRACTORS & OWNER-HIRED VENDORS
Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.
26. STORAGE, DELAYS & ABANDONED MATERIALS
Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.
27. DIGITAL COMMUNICATIONS & ELECTRONIC RECORDS
Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.
28. ACCESS RESTRICTIONS & RE-MOBILIZATION FEES
Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.
29. CONSTRUCTION IMPACTS & INCIDENTAL CONDITIONS
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
30. MOLD, WATER INTRUSION & ENVIRONMENTAL CONDITIONS
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. Contractor may suspend work or restrict access where unsafe, hazardous, environmental, aggressive, threatening, or commercially unreasonable conditions exist. Environmental testing, remediation, abatement, and safety measures may require additional cost and time.
31. PERMIT, CODE & INSPECTOR REQUIREMENTS
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.
32. PRICE ESCALATION CLAUSE
Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law.
33. WARRANTY NOTICE & RIGHT TO CURE
Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations.
34. NO BACKCHARGE CLAUSE
Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law.
35. PHOTO, VIDEO & MARKETING RIGHTS
Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor. Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.
36. CLIENT DEFAULT & PROJECT ABANDONMENT
Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
37. MEDIATION / ARBITRATION
Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.
38. SURVIVAL OF TERMS
Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.
39. MAXIMUM ENFORCEABILITY
Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.
40. PRELIMINARY LIEN NOTICE & LIEN RIGHTS ACKNOWLEDGMENT
Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.
Project Pricing, Site Conditions & Occupancy
41. ESTIMATES, ALLOWANCES & BUDGET DISCLAIMERS
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
42. JOBSITE CONDITIONS & CLEANLINESS
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
43. OWNER OCCUPANCY DURING CONSTRUCTION
Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
44. SUBSTANTIAL COMPLETION
Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations.
45. INSPECTION & CODE DISCLAIMER
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
46. WATER INTRUSION & ROOFING DISCLAIMER
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
47. DESIGN, LAYOUT & SELECTION DISCLAIMER
Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client-approved plans, layouts, selections, drawings, specifications, colors, finishes, and design decisions are accepted at Client responsibility, subject to field conditions, industry tolerances, natural variation, and product limitations. Contractor does not guarantee exact matches, subjective aesthetic satisfaction, perfect alignment, or outcomes not expressly documented in writing.
48. INSURANCE CLAIMS DISCLAIMER
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
49. RECORDING, SURVEILLANCE & SECURITY CAMERAS
Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.
50. INDEMNIFICATION
Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.
51. TIME IS NOT OF THE ESSENCE
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
Dispute Waivers, Guaranties & Business Records
52. WAIVER OF JURY TRIAL
Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.
53. PERSONAL GUARANTY (ENTITY CLIENTS)
Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.
54. NON-DISPARAGEMENT
Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.
55. SOCIAL MEDIA & ONLINE REVIEW RESOLUTION PROCESS
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
56. THIRD-PARTY EXPERTS & CONSULTANTS
Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.
57. FORCE ACCOUNT / TIME & MATERIAL WORK
Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling.
58. DEMOLITION & EXISTING CONDITIONS DISCLAIMER
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
59. SEVERABILITY & REFORMATION
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
60. CUMULATIVE REMEDIES
Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.
61. NO WAIVER THROUGH CONTINUED PERFORMANCE
Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.
62. ATTORNEY DRAFTED INTERPRETATION DISCLAIMER
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
63. RESERVATION OF RIGHTS
Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.
64. PROJECT PAUSE, RESCHEDULING & RESTART
Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.
65. PROJECT MANAGEMENT & ADMINISTRATIVE COSTS
Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law.
Warranty Disclaimers, Insurance & Safety
66. DISCLAIMER OF IMPLIED WARRANTIES
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
67. LIMITATION ON CLAIM PERIODS
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
68. CLIENT FAILURE TO MAINTAIN PROPERTY
Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
69. MANUFACTURER & THIRD-PARTY WARRANTY LIMITATIONS
Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.
70. ACCESS TO UTILITIES & SITE SERVICES
Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.
71. HAZARDOUS CONDITIONS & SAFETY STOPPAGE
Contractor may suspend work or restrict access where unsafe, hazardous, environmental, aggressive, threatening, or commercially unreasonable conditions exist. Environmental testing, remediation, abatement, and safety measures may require additional cost and time.
72. SUBCONTRACTOR SUBSTITUTION RIGHTS
Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.
73. CLIENT DELAY DAMAGES
Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
74. PHOTOGRAPHIC & FIELD CONDITION RELIANCE
Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.
75. NO GUARANTEE OF EXACT MATCHES
Client-approved plans, layouts, selections, drawings, specifications, colors, finishes, and design decisions are accepted at Client responsibility, subject to field conditions, industry tolerances, natural variation, and product limitations. Contractor does not guarantee exact matches, subjective aesthetic satisfaction, perfect alignment, or outcomes not expressly documented in writing.
76. WEATHER & ENVIRONMENTAL EXPOSURE
Contractor may suspend work or restrict access where unsafe, hazardous, environmental, aggressive, threatening, or commercially unreasonable conditions exist. Environmental testing, remediation, abatement, and safety measures may require additional cost and time.
77. SUCCESSORS & ASSIGNS
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
78. COUNTERPARTS & ELECTRONIC EXECUTION
Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.
79. ENTIRE COURSE OF DEALING
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
80. CONTRACTOR DISCRETION & BUSINESS JUDGMENT
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
81. PROJECT ABANDONMENT BY CLIENT
Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
82. SECURITY OF PERSONAL PROPERTY
Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
83. CLIENT REPRESENTATIONS
Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
84. EMERGENCY CONDITIONS
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
85. MAXIMUM LEGAL PROTECTION INTENT
Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.
Investor, Design, Utilities & Legal Control
86. NO FIDUCIARY RELATIONSHIP
Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.
87. INVESTOR & RESALE DISCLAIMER
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
88. NO ORAL MODIFICATION
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
89. CLIENT RESPONSIBILITY FOR THIRD-PARTY PROFESSIONALS
Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.
90. DAMAGE TO CONCEALED UTILITIES & UNKNOWN CONDITIONS
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions.
91. TEMPORARY PROTECTION MEASURES
Client-approved plans, layouts, selections, drawings, specifications, colors, finishes, and design decisions are accepted at Client responsibility, subject to field conditions, industry tolerances, natural variation, and product limitations. Contractor does not guarantee exact matches, subjective aesthetic satisfaction, perfect alignment, or outcomes not expressly documented in writing.
92. CLIENT PROCUREMENT DELAYS
Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations. Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
93. RIGHT TO RECORD AMOUNTS DUE
Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.
94. MUTUAL DUTY OF GOOD FAITH
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
95. RIGHT TO REFUSE UNSAFE OR DEFECTIVE REQUESTS
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
96. FINAL PAYMENT RELEASE CONDITION
Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law.
97. NO CONSEQUENTIAL PROJECT GUARANTEE
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
98. RIGHT TO CORRECT ADMINISTRATIVE ERRORS
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
99. PROJECT FILE OWNERSHIP
Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
100. SURVIVAL OF PAYMENT OBLIGATIONS
Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.
101. INDEPENDENT LEGAL REVIEW RECOMMENDATION
Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.
102. FULL ENFORCEABILITY INTENT
Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.
Site Access, Security, Data & Payment Tools
103. DAILY SITE ACCESS & WORK HOURS
Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.
104. RIGHT TO DOCUMENT DEFECTIVE PRE-EXISTING CONDITIONS
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.
105. NO RESPONSIBILITY FOR PRE-EXISTING CODE VIOLATIONS
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
106. CLIENT RESPONSIBILITY FOR PETS & OCCUPANTS
Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
107. DELIVERY & MATERIAL DAMAGE DISCLAIMER
Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
108. PROJECT COMMUNICATION AUTHORITY
Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.
109. NO GUARANTEE OF HIDDEN CONDITION DISCOVERY
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions.
110. BUSINESS INTERRUPTION DISCLAIMER
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
111. RIGHT TO USE SUBCONTRACTORS
Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.
112. CONTRACTOR NOT RESPONSIBLE FOR SECURITY
Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
113. PRESERVATION OF ELECTRONIC DATA
Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.
114. HEADINGS FOR CONVENIENCE ONLY
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
115. CLIENT RESPONSIBILITY FOR INSURANCE
Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
116. RIGHT TO SUSPEND FOR NONPAYMENT
Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law.
117. RETURNED PAYMENT FEES
Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law.
118. CREDIT CARD & PAYMENT PROCESSING FEES
Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law.
119. RIGHT TO WITHHOLD WARRANTY SERVICE
Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations.
120. NO THIRD-PARTY BENEFICIARIES
Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.
Materials, Hazards, HOA & Industry Standards
121. CLIENT FAILURE TO TIMELY SELECT MATERIALS
Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
122. PROCUREMENT & LEAD TIME DISCLAIMER
Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Contractor may suspend work or restrict access where unsafe, hazardous, environmental, aggressive, threatening, or commercially unreasonable conditions exist. Environmental testing, remediation, abatement, and safety measures may require additional cost and time.
123. STORAGE OF CLIENT MATERIALS
Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
124. RIGHT TO REMOVE UNSAFE PERSONS
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
125. NO RESPONSIBILITY FOR AIRBORNE CONTAMINANTS
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Contractor may suspend work or restrict access where unsafe, hazardous, environmental, aggressive, threatening, or commercially unreasonable conditions exist. Environmental testing, remediation, abatement, and safety measures may require additional cost and time.
126. TEMPORARY UTILITY INTERRUPTION DISCLAIMER
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
127. NO GUARANTEE OF EXISTING SYSTEM COMPATIBILITY
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions.
128. RIGHT TO CORRECT DEFECTIVE PRIOR WORK
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
129. CLIENT RESPONSIBILITY FOR PROPERTY BOUNDARIES & SURVEYS
Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
130. RIGHT TO TERMINATE FOR HOSTILE CONDITIONS
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
131. CLIENT RESPONSIBILITY FOR HOA APPROVALS
Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
132. RIGHT TO SUBSTITUTE MATERIALS
Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling.
133. CLIENT RESPONSIBILITY FOR ASBESTOS, LEAD & HAZARDOUS MATERIALS
Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Contractor may suspend work or restrict access where unsafe, hazardous, environmental, aggressive, threatening, or commercially unreasonable conditions exist. Environmental testing, remediation, abatement, and safety measures may require additional cost and time.
134. PROJECT PHASING & PARTIAL COMPLETION
Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations.
135. NO REQUIREMENT TO WORK OUT OF SEQUENCE
Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.
136. CONTRACTOR RIGHT TO RELY ON INDUSTRY STANDARDS
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
137. CURE PERIOD FOR CLIENT DEFAULT
Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
138. LIMITATION OF AGENT AUTHORITY
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
139. RESERVATION OF EQUITABLE RELIEF
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
140. ENTIRE AGREEMENT CONTROL
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
Existing Conditions, Confidentiality & Enforceability
141. RIGHT TO RELY ON VISUAL CONDITIONS
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
142. CLIENT RESPONSIBILITY FOR MOVE-OUT & PROTECTION
Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
143. NO RESPONSIBILITY FOR MANUFACTURER DISCONTINUATION
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.
144. NO RESPONSIBILITY FOR EXISTING STRUCTURAL MOVEMENT
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
145. SITE ACCESS & PARKING RIGHTS
Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions. Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.
146. NO GUARANTEE OF INSPECTOR INTERPRETATIONS
Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.
147. CLIENT RESPONSIBILITY FOR TEMPORARY HOUSING
Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
148. NO WAIVER OF FUTURE CLAIMS OR RIGHTS
Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.
149. CLIENT ACKNOWLEDGMENT OF CONSTRUCTION TOLERANCES
Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Client-approved plans, layouts, selections, drawings, specifications, colors, finishes, and design decisions are accepted at Client responsibility, subject to field conditions, industry tolerances, natural variation, and product limitations. Contractor does not guarantee exact matches, subjective aesthetic satisfaction, perfect alignment, or outcomes not expressly documented in writing.
150. RIGHT TO CEASE COMMUNICATION THROUGH COUNSEL
Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.
151. CONFIDENTIAL BUSINESS INFORMATION
Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.
152. NO RESPONSIBILITY FOR THIRD-PARTY DAMAGE AFTER COMPLETION
Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.
153. RIGHT TO PHOTOGRAPH FOR COLLECTION & LEGAL PURPOSES
Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor. Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.
154. CLIENT RESPONSIBILITY FOR FINAL WALKTHROUGH
Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
155. RESERVATION OF VALUE ENGINEERING RIGHTS
Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.
156. NO REQUIREMENT TO PREFINANCE CLIENT PROJECT
Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
157. CONTRACTOR RIGHT TO PRIORITIZE ACTIVE PROJECTS
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
158. NO LIABILITY FOR TECHNOLOGY FAILURES
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
159. CLIENT DUTY TO REVIEW DOCUMENTS
Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.
160. CONTINUING ENFORCEABILITY
Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.
Weather, Municipal, Pest, Utilities & Project Control
161. NO RESPONSIBILITY FOR EXISTING WATERPROOFING FAILURES
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
162. TEMPORARY WEATHER DELAYS
Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.
163. NO GUARANTEE OF MUNICIPAL RESPONSE TIMES
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
164. CLIENT RESPONSIBILITY FOR ACCESSORY COSTS
Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
165. RIGHT TO PERFORM TEMPORARY REPAIRS
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
166. NO LIABILITY FOR OWNER STORAGE ITEMS
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
167. CLIENT RESPONSIBILITY FOR NEIGHBOR RELATIONS
Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
168. NO GUARANTEE OF MATERIAL AVAILABILITY
Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling.
169. RIGHT TO RELY ON MANUFACTURER INSTALLATION STANDARDS
Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.
170. CLIENT RESPONSIBILITY FOR ACCESS DELAYS
Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
171. RIGHT TO REMOVE EQUIPMENT & MATERIALS
Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling.
172. NO RESPONSIBILITY FOR PRE-EXISTING PEST CONDITIONS
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
173. PROJECT SITE IS AN ACTIVE CONSTRUCTION ZONE
Contractor may suspend work or restrict access where unsafe, hazardous, environmental, aggressive, threatening, or commercially unreasonable conditions exist. Environmental testing, remediation, abatement, and safety measures may require additional cost and time.
174. NO REQUIREMENT TO ACCELERATE WITHOUT COMPENSATION
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
175. CLIENT RESPONSIBILITY FOR DESIGN APPROVALS
Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Client-approved plans, layouts, selections, drawings, specifications, colors, finishes, and design decisions are accepted at Client responsibility, subject to field conditions, industry tolerances, natural variation, and product limitations. Contractor does not guarantee exact matches, subjective aesthetic satisfaction, perfect alignment, or outcomes not expressly documented in writing.
176. NO RESPONSIBILITY FOR EXISTING UTILITY CAPACITY
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
177. RIGHT TO ISSUE INTERIM INVOICES
Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law.
178. NO RESPONSIBILITY FOR OWNER-SELECTED PRODUCTS
Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
179. RIGHT TO MAINTAIN PROJECT CONTROL
Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations.
180. MAXIMUM SURVIVAL OF PROTECTIONS
Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.
Financing, Tolerances, Project Docs & Future Codes
181. NO RESPONSIBILITY FOR CLIENT CASH FLOW OR FINANCING ISSUES
Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
182. RIGHT TO REQUIRE UPDATED PRICING
Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law.
183. NO GUARANTEE OF EXACT DIMENSIONAL ALIGNMENT
Client-approved plans, layouts, selections, drawings, specifications, colors, finishes, and design decisions are accepted at Client responsibility, subject to field conditions, industry tolerances, natural variation, and product limitations. Contractor does not guarantee exact matches, subjective aesthetic satisfaction, perfect alignment, or outcomes not expressly documented in writing.
184. CLIENT RESPONSIBILITY FOR PERISHABLE ITEMS
Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
185. RIGHT TO USE TEMPORARY FACILITIES
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
186. NO RESPONSIBILITY FOR SOUND TRANSMISSION OR VIBRATION
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
187. CLIENT RESPONSIBILITY FOR PROPERTY ACCESSIBILITY
Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
188. NO RESPONSIBILITY FOR COLOR APPEARANCE UNDER DIFFERENT LIGHTING
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client-approved plans, layouts, selections, drawings, specifications, colors, finishes, and design decisions are accepted at Client responsibility, subject to field conditions, industry tolerances, natural variation, and product limitations. Contractor does not guarantee exact matches, subjective aesthetic satisfaction, perfect alignment, or outcomes not expressly documented in writing.
189. RIGHT TO CORRECT PUNCH ITEMS IN REASONABLE PHASES
Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations. Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.
190. CLIENT RESPONSIBILITY FOR SITE CLEANOUT
Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
191. NO LIABILITY FOR NORMAL MATERIAL AGING
Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
192. RIGHT TO RELY ON TRADE EXPERTISE
Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.
193. CLIENT RESPONSIBILITY FOR THIRD-PARTY APPROVAL DELAYS
Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.
194. NO REQUIREMENT TO STORE UNUSED MATERIALS AFTER COMPLETION
Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations.
195. PROJECT DOCUMENTATION MAY CONTAIN APPROXIMATIONS
Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.
196. NO RESPONSIBILITY FOR THIRD-PARTY SCHEDULING FAILURES
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.
197. RIGHT TO PROTECT REPUTATION & BUSINESS OPERATIONS
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
198. CLIENT RESPONSIBILITY FOR FINAL SELECTION CONFIRMATION
Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
199. NO GUARANTEE OF FUTURE CODE REQUIREMENTS
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions.
200. CUMULATIVE CONTRACTOR PROTECTIONS
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
Owner-Caused Issues, Warranty Access & Equitable Remedies
201. NO RESPONSIBILITY FOR CLIENT-CAUSED DAMAGE DURING CONSTRUCTION
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
202. RIGHT TO REQUIRE WRITTEN CHANGE CONFIRMATION
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
203. NO RESPONSIBILITY FOR PRE-EXISTING FINISH DAMAGE
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
204. CLIENT RESPONSIBILITY FOR ACCESS TO DECISION MAKERS
Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
205. NO LIABILITY FOR DELAYED OWNER FURNISHED ITEMS
Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
206. RIGHT TO SUSPEND WORK FOR UNRESOLVED DISPUTES
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
207. NO RESPONSIBILITY FOR EXISTING DRAINAGE CONDITIONS
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
208. RIGHT TO UPDATE MATERIAL SPECIFICATIONS
Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling.
209. CLIENT RESPONSIBILITY FOR PROPERTY INFORMATION
Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
210. NO LIABILITY FOR CONSEQUENTIAL PROJECT IMPACTS
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
211. RIGHT TO REASONABLE ACCESS FOR WARRANTY SERVICE
Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations. Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.
212. NO RESPONSIBILITY FOR THIRD-PARTY ENGINEERING OR DESIGN ERRORS
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client-approved plans, layouts, selections, drawings, specifications, colors, finishes, and design decisions are accepted at Client responsibility, subject to field conditions, industry tolerances, natural variation, and product limitations. Contractor does not guarantee exact matches, subjective aesthetic satisfaction, perfect alignment, or outcomes not expressly documented in writing. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.
213. CONTRACTOR MAY RELY ON APPROVED PLANS & DOCUMENTS
Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due. Client-approved plans, layouts, selections, drawings, specifications, colors, finishes, and design decisions are accepted at Client responsibility, subject to field conditions, industry tolerances, natural variation, and product limitations. Contractor does not guarantee exact matches, subjective aesthetic satisfaction, perfect alignment, or outcomes not expressly documented in writing.
214. NO RESPONSIBILITY FOR NORMAL CRACKING OR SETTLEMENT
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
215. CLIENT RESPONSIBILITY FOR SECURING APPROVALS FROM OTHER OWNERS OR PARTIES
Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
216. RIGHT TO DOCUMENT PROJECT COMMUNICATIONS
Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.
217. NO REQUIREMENT TO PROVIDE FREE ESTIMATING REVISIONS
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
218. CLIENT RESPONSIBILITY FOR SITE READINESS
Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
219. RIGHT TO USE PROJECT PHOTOS FOR INTERNAL TRAINING & OPERATIONS
Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.
220. CONTINUING RIGHT TO ALL LEGAL & EQUITABLE REMEDIES
Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.
Scheduling Expectations, Digital Systems & Owner Changes
221. NO RESPONSIBILITY FOR CLIENT SCHEDULE EXPECTATIONS
Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
222. RIGHT TO REVISE SCHEDULING SEQUENCES
Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.
223. NO RESPONSIBILITY FOR OWNER OR THIRD-PARTY MEASUREMENTS
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Client-approved plans, layouts, selections, drawings, specifications, colors, finishes, and design decisions are accepted at Client responsibility, subject to field conditions, industry tolerances, natural variation, and product limitations. Contractor does not guarantee exact matches, subjective aesthetic satisfaction, perfect alignment, or outcomes not expressly documented in writing. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.
224. CLIENT RESPONSIBILITY FOR PROPERTY SECURITY DURING OPEN CONSTRUCTION
Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
225. RIGHT TO REJECT DEFECTIVE OWNER-SUPPLIED MATERIALS
Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
226. NO RESPONSIBILITY FOR DAMAGE TO IMPROPERLY STORED MATERIALS
Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
227. RIGHT TO REQUIRE SAFE WORKING CONDITIONS
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
228. NO RESPONSIBILITY FOR LATENT ENVIRONMENTAL CONDITIONS
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Contractor may suspend work or restrict access where unsafe, hazardous, environmental, aggressive, threatening, or commercially unreasonable conditions exist. Environmental testing, remediation, abatement, and safety measures may require additional cost and time.
229. CLIENT RESPONSIBILITY FOR OWNER-DIRECTED CHANGES
Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
230. RIGHT TO UTILIZE DIGITAL PROJECT MANAGEMENT SYSTEMS
Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.
231. NO RESPONSIBILITY FOR MINOR COSMETIC CONDITIONS VISIBLE ONLY UNDER SPECIAL LIGHTING
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
232. CLIENT RESPONSIBILITY FOR UNRESTRICTED COMMUNICATION
Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.
233. NO RESPONSIBILITY FOR DAMAGE CAUSED BY PRE-EXISTING CONDITIONS DURING NORMAL CONSTRUCTION
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
234. RIGHT TO CHARGE FOR EXCESSIVE CLIENT MANAGEMENT DEMANDS
Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
235. NO LIABILITY FOR TEMPORARY LOSS OF USE
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
236. RIGHT TO RELY ON REASONABLE INDUSTRY PRACTICES
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
237. CLIENT RESPONSIBILITY FOR PAYMENT OF SPECIAL ORDER MATERIALS
Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
238. NO REQUIREMENT TO COMMENCE WORK WITHOUT REQUIRED APPROVALS
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
239. CONTRACTOR RESERVES RIGHT TO BUSINESS JUDGMENT
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
240. MAXIMUM PRESERVATION OF CONTRACTOR RIGHTS
Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.
Return Trips, Engineering, Warranty Conditions & Site Testing
241. RIGHT TO CHARGE FOR RETURN TRIPS
Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law.
242. NO RESPONSIBILITY FOR PRE-EXISTING WATER PRESSURE OR FLOW CONDITIONS
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
243. CLIENT RESPONSIBILITY FOR PROTECTING SENSITIVE SURFACES
Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
244. RIGHT TO ADJUST CREW SIZE & MANPOWER
Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.
245. NO LIABILITY FOR MATERIAL LOT VARIATIONS
Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
246. RIGHT TO WITHDRAW UNSCHEDULED PRICING
Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.
247. CLIENT RESPONSIBILITY FOR CHILD SAFETY
Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Contractor may suspend work or restrict access where unsafe, hazardous, environmental, aggressive, threatening, or commercially unreasonable conditions exist. Environmental testing, remediation, abatement, and safety measures may require additional cost and time.
248. NO RESPONSIBILITY FOR PRE-EXISTING STRUCTURAL DEFICIENCIES
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
249. RIGHT TO REQUIRE UPDATED ENGINEERING
Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.
250. NO GUARANTEE OF EXACT EXISTING CONDITION MATCHES
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. Client-approved plans, layouts, selections, drawings, specifications, colors, finishes, and design decisions are accepted at Client responsibility, subject to field conditions, industry tolerances, natural variation, and product limitations. Contractor does not guarantee exact matches, subjective aesthetic satisfaction, perfect alignment, or outcomes not expressly documented in writing.
251. CLIENT RESPONSIBILITY FOR ACCESSORY PERMITS & APPROVALS
Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
252. RIGHT TO SUSPEND PROCUREMENT FOR NONPAYMENT
Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations.
253. NO LIABILITY FOR CLIENT STORAGE DECISIONS
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
254. RIGHT TO USE REASONABLE SUBSTITUTION METHODS
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
255. CLIENT RESPONSIBILITY FOR MAINTAINING WARRANTY CONDITIONS
Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
256. NO RESPONSIBILITY FOR TEMPORARY APPEARANCE DURING CONSTRUCTION
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
257. RIGHT TO DENY WARRANTY CLAIMS CAUSED BY THIRD PARTIES
Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations.
258. NO LIABILITY FOR DELAYS CAUSED BY CLIENT CONSULTANTS
Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.
259. RIGHT TO RELY ON EXISTING SITE CONDITIONS WITHOUT INVASIVE TESTING
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions.
260. PRESERVATION OF MAXIMUM CONTRACTOR PROTECTIONS
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
Client Disclosures, Financing & Construction Methods
261. NO RESPONSIBILITY FOR CLIENT FAILURE TO READ DOCUMENTS
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.
262. RIGHT TO RELY ON OWNER REPRESENTATIONS REGARDING PROPERTY OWNERSHIP
Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
263. NO RESPONSIBILITY FOR PRE-EXISTING ENERGY EFFICIENCY DEFICIENCIES
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
264. RIGHT TO MODIFY SCHEDULING DUE TO TRADE AVAILABILITY
Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.
265. CLIENT RESPONSIBILITY FOR REMOVAL OF HAZARDOUS PERSONAL ITEMS
Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Contractor may suspend work or restrict access where unsafe, hazardous, environmental, aggressive, threatening, or commercially unreasonable conditions exist. Environmental testing, remediation, abatement, and safety measures may require additional cost and time.
266. NO LIABILITY FOR INCIDENTAL DAMAGE TO LANDSCAPING
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
267. RIGHT TO UTILIZE ALTERNATIVE SUPPLIERS
Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling.
268. NO GUARANTEE OF EXISTING STRUCTURAL SQUARENESS OR LEVELNESS
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions.
269. CLIENT RESPONSIBILITY FOR PROVIDING ACCURATE EXISTING INFORMATION
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
270. RIGHT TO PAUSE WORK FOR MISSING INFORMATION
Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.
271. NO RESPONSIBILITY FOR MUNICIPAL REINSPECTION COSTS CAUSED BY OTHERS
Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
272. RIGHT TO MAINTAIN INTERNAL QUALITY CONTROL STANDARDS
Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations.
273. CLIENT RESPONSIBILITY FOR TIMELY FINANCING DISBURSEMENTS
Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
274. NO LIABILITY FOR PRE-EXISTING MOISTURE OR HUMIDITY CONDITIONS
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
275. RIGHT TO DETERMINE REASONABLE CONSTRUCTION MEANS & METHODS
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
276. NO REQUIREMENT TO WARRANTY IMPROPER OWNER MAINTENANCE
Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
277. RIGHT TO REQUIRE JOBSITE ACCESS DURING NORMAL BUSINESS HOURS
Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.
278. NO LIABILITY FOR PRE-EXISTING UTILITY CODE VIOLATIONS
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
279. RIGHT TO REQUIRE UPDATED PRICING FOR DELAYED CHANGE ORDERS
Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.
280. MAXIMUM CUMULATIVE INTERPRETATION OF PROTECTIONS
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
Collections, Internal Costs & Project Control
281. RIGHT TO RECOVER ADMINISTRATIVE COLLECTION COSTS
Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law.
282. NO RESPONSIBILITY FOR DAMAGE CAUSED BY EXISTING FRAGILE CONDITIONS
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
283. RIGHT TO UTILIZE TEMPORARY POWER & WATER
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions.
284. NO LIABILITY FOR CLIENT FAILURE TO DISCLOSE PRIOR ISSUES
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
285. RIGHT TO REQUIRE PROGRESS PAYMENTS PRIOR TO CONTINUED PERFORMANCE
Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law.
286. NO RESPONSIBILITY FOR THIRD-PARTY PRODUCT REPRESENTATIONS
Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.
287. RIGHT TO CORRECT WORK IN COMMERCIALLY REASONABLE MANNER
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
288. NO RESPONSIBILITY FOR EXISTING SUBFLOOR OR FRAMING IRREGULARITIES
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
289. RIGHT TO REQUIRE UPDATED MATERIAL PRICING DURING PROCUREMENT DELAYS
Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations. Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.
290. NO LIABILITY FOR PROJECT IMPACTS CAUSED BY CLIENT VENDORS
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.
291. RIGHT TO MAINTAIN CONTROL OF PROJECT SCHEDULE
Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations. Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.
292. NO REQUIREMENT TO PROVIDE COST BREAKDOWN BEYOND AGREED DOCUMENTATION
Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.
293. CLIENT RESPONSIBILITY FOR DAMAGE CAUSED BY OWNER-DIRECTED ACCESS
Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
294. RIGHT TO ENFORCE MINIMUM SERVICE CHARGES
Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.
295. NO LIABILITY FOR TEMPORARY INTERRUPTION OF OWNER COMFORT
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
296. RIGHT TO RELY ON VISUAL APPROVALS
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
297. NO RESPONSIBILITY FOR NORMAL MATERIAL EXPANSION & CONTRACTION
Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
298. RIGHT TO RECOVER COSTS CAUSED BY OWNER INTERFERENCE
Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
299. NO RESPONSIBILITY FOR FUTURE THIRD-PARTY ALTERATIONS
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.
300. MAXIMUM ENFORCEMENT & SURVIVAL OF CONTRACTOR PROTECTIONS
Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.
Long-Term Project, Engineering, Staffing & Force Majeure
301. RIGHT TO REQUIRE SITE PREPARATION PRIOR TO MOBILIZATION
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
302. NO RESPONSIBILITY FOR OWNER FAILURE TO FOLLOW MAINTENANCE RECOMMENDATIONS
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
303. RIGHT TO REQUIRE FINAL WALKTHROUGH PRIOR TO WARRANTY PERIOD COMMENCEMENT
Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations.
304. NO LIABILITY FOR HIDDEN DAMAGE CAUSED DURING NECESSARY DEMOLITION
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
305. RIGHT TO REQUIRE CURRENT MARKET PRICING FOR LONG-TERM PROJECTS
Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law.
306. NO RESPONSIBILITY FOR OWNER FAILURE TO MAINTAIN INSURANCE
Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
307. RIGHT TO REASONABLY RELY ON THIRD-PARTY INSPECTIONS & REPORTS
Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.
308. NO RESPONSIBILITY FOR PRE-EXISTING FOUNDATION MOVEMENT
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
309. RIGHT TO USE TEMPORARY WEATHER PROTECTION METHODS
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
310. NO LIABILITY FOR CONSEQUENTIAL DESIGN OUTCOMES
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client-approved plans, layouts, selections, drawings, specifications, colors, finishes, and design decisions are accepted at Client responsibility, subject to field conditions, industry tolerances, natural variation, and product limitations. Contractor does not guarantee exact matches, subjective aesthetic satisfaction, perfect alignment, or outcomes not expressly documented in writing.
311. RIGHT TO REQUIRE ADVANCE NOTICE FOR AFTER-HOURS ACCESS
Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.
312. NO RESPONSIBILITY FOR DELAYS CAUSED BY UTILITY PROVIDERS
Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions. Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
313. RIGHT TO REJECT UNREASONABLE OWNER DIRECTIVES
Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
314. NO LIABILITY FOR DAMAGE CAUSED BY FORCE MAJEURE EVENTS
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
315. RIGHT TO RECOVER COSTS FOR OWNER-CAUSED REWORK
Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
316. NO RESPONSIBILITY FOR CLIENT FAILURE TO OBTAIN TAX OR LEGAL ADVICE
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.
317. RIGHT TO DETERMINE REASONABLE PROJECT STAFFING
Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.
318. NO LIABILITY FOR OWNER-SELECTED LOWEST COST OPTIONS
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
319. RIGHT TO REQUIRE EXECUTED DOCUMENTATION PRIOR TO PROCUREMENT
Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations. Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.
320. MAXIMUM CONTINUING PRESERVATION OF CONTRACTOR RIGHTS
Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.
Extended Duration, Existing Systems & Digital Evidence
321. RIGHT TO CHARGE FOR EXTENDED PROJECT DURATION
Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law.
322. NO RESPONSIBILITY FOR EXISTING WINDOW OR DOOR PERFORMANCE
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
323. RIGHT TO REQUIRE REASONABLE SITE CONDITIONS FOR WARRANTY WORK
Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations.
324. NO LIABILITY FOR OWNER-SELECTED INCOMPATIBLE PRODUCTS
Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
325. RIGHT TO REASONABLY INTERPRET PLANS & SPECIFICATIONS
Client-approved plans, layouts, selections, drawings, specifications, colors, finishes, and design decisions are accepted at Client responsibility, subject to field conditions, industry tolerances, natural variation, and product limitations. Contractor does not guarantee exact matches, subjective aesthetic satisfaction, perfect alignment, or outcomes not expressly documented in writing.
326. NO RESPONSIBILITY FOR PRE-EXISTING ROOFING CONDITIONS
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
327. RIGHT TO REQUIRE PAYMENT FOR STORED MATERIALS
Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling.
328. NO LIABILITY FOR DAMAGE CAUSED BY OWNER OCCUPANCY DURING CONSTRUCTION
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
329. RIGHT TO DETERMINE REASONABLE CLEANING STANDARDS
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
330. NO RESPONSIBILITY FOR CLIENT FAILURE TO SECURE VALUABLES
Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
331. RIGHT TO MODIFY PROCUREMENT STRATEGY
Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations.
332. NO LIABILITY FOR EXISTING SLAB OR FOUNDATION IMPERFECTIONS
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
333. RIGHT TO REQUIRE UPDATED DRAWINGS FOR FIELD CHANGES
Client-approved plans, layouts, selections, drawings, specifications, colors, finishes, and design decisions are accepted at Client responsibility, subject to field conditions, industry tolerances, natural variation, and product limitations. Contractor does not guarantee exact matches, subjective aesthetic satisfaction, perfect alignment, or outcomes not expressly documented in writing.
334. NO RESPONSIBILITY FOR DAMAGE CAUSED BY THIRD-PARTY INSPECTORS OR CONSULTANTS
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.
335. RIGHT TO SUSPEND WORK FOR NONRESPONSIVE CLIENTS
Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
336. NO LIABILITY FOR NORMAL CONSTRUCTION VIBRATION
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
337. RIGHT TO UTILIZE DIGITAL RECORDS AS EVIDENCE
Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.
338. NO RESPONSIBILITY FOR AESTHETIC EXPECTATIONS NOT EXPRESSLY DOCUMENTED
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due. Client-approved plans, layouts, selections, drawings, specifications, colors, finishes, and design decisions are accepted at Client responsibility, subject to field conditions, industry tolerances, natural variation, and product limitations. Contractor does not guarantee exact matches, subjective aesthetic satisfaction, perfect alignment, or outcomes not expressly documented in writing.
339. RIGHT TO RECOVER COSTS CAUSED BY INACCURATE CLIENT INFORMATION
Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
340. MAXIMUM PRESERVATION OF CONTRACTOR OPERATIONAL CONTROL
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
Storage, Specialty Systems, Temporary Conditions & Business Protections
341. RIGHT TO REQUIRE SAFE MATERIAL STORAGE CONDITIONS
Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling.
342. NO LIABILITY FOR OWNER OR THIRD-PARTY DAMAGE TO COMPLETED WORK
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.
343. RIGHT TO RECOVER COSTS CAUSED BY REPEATED CLIENT REVISIONS
Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
344. NO GUARANTEE OF EXISTING SYSTEM LIFE EXPECTANCY
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions.
345. RIGHT TO REASONABLY RESEQUENCE TRADES
Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.
346. NO LIABILITY FOR PRE-EXISTING MANUFACTURER DEFECTS
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.
347. RIGHT TO REQUIRE ADEQUATE VENTILATION DURING CONSTRUCTION
Contractor may suspend work or restrict access where unsafe, hazardous, environmental, aggressive, threatening, or commercially unreasonable conditions exist. Environmental testing, remediation, abatement, and safety measures may require additional cost and time.
348. NO LIABILITY FOR EXISTING CODE CHANGES AFTER PERMIT ISSUANCE
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
349. RIGHT TO REQUIRE PROJECT SITE CONTROL
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
350. NO RESPONSIBILITY FOR DAMAGE CAUSED BY OWNER-RETAINED SPECIALTY SYSTEMS
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
351. RIGHT TO RECOVER COSTS FOR PROJECT RESTART
Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.
352. NO LIABILITY FOR TEMPORARY WATER INTRUSION DURING ACTIVE CONSTRUCTION
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
353. RIGHT TO REQUIRE TIMELY WRITTEN OBJECTIONS
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
354. NO LIABILITY FOR OWNER-DIRECTED DESIGN COMPROMISES
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Client-approved plans, layouts, selections, drawings, specifications, colors, finishes, and design decisions are accepted at Client responsibility, subject to field conditions, industry tolerances, natural variation, and product limitations. Contractor does not guarantee exact matches, subjective aesthetic satisfaction, perfect alignment, or outcomes not expressly documented in writing.
355. RIGHT TO RELY ON INDUSTRY TOLERANCES FOR REMODELING WORK
Client-approved plans, layouts, selections, drawings, specifications, colors, finishes, and design decisions are accepted at Client responsibility, subject to field conditions, industry tolerances, natural variation, and product limitations. Contractor does not guarantee exact matches, subjective aesthetic satisfaction, perfect alignment, or outcomes not expressly documented in writing.
356. NO LIABILITY FOR CONSEQUENTIAL DELAYS CAUSED BY CLIENT NONPERFORMANCE
Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
357. RIGHT TO DETERMINE REASONABLE PROCUREMENT ALTERNATIVES
Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations.
358. NO RESPONSIBILITY FOR DAMAGE CAUSED BY EXISTING IMPROPER INSTALLATIONS
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
359. RIGHT TO REQUIRE PROJECT COMMUNICATION THROUGH DESIGNATED CONTACTS
Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due. Client-approved plans, layouts, selections, drawings, specifications, colors, finishes, and design decisions are accepted at Client responsibility, subject to field conditions, industry tolerances, natural variation, and product limitations. Contractor does not guarantee exact matches, subjective aesthetic satisfaction, perfect alignment, or outcomes not expressly documented in writing.
360. MAXIMUM PRESERVATION OF CONTRACTOR BUSINESS PROTECTIONS
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
Expedited Requests, Field Verification & Owner Neglect
361. RIGHT TO RECOVER COSTS FOR EXPEDITED OWNER REQUESTS
Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
362. NO LIABILITY FOR DAMAGE CAUSED BY EXISTING WATER MIGRATION
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
363. RIGHT TO REQUIRE FIELD VERIFICATION PRIOR TO FABRICATION
Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling.
364. NO LIABILITY FOR OWNER FAILURE TO MAINTAIN ENVIRONMENTAL CONDITIONS
Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Contractor may suspend work or restrict access where unsafe, hazardous, environmental, aggressive, threatening, or commercially unreasonable conditions exist. Environmental testing, remediation, abatement, and safety measures may require additional cost and time.
365. RIGHT TO REASONABLY DETERMINE SUBSTANTIAL COMPLETION
Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations.
366. NO RESPONSIBILITY FOR TEMPORARY CONSTRUCTION APPEARANCE
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
367. RIGHT TO REQUIRE UPDATED ENGINEERING FOR UNFORESEEN CONDITIONS
Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.
368. NO LIABILITY FOR OWNER-RETAINED MATERIAL STORAGE CONDITIONS
Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
369. RIGHT TO RECOVER COSTS CAUSED BY TRADE STACKING OR RESEQUENCING REQUESTS
Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.
370. NO LIABILITY FOR DAMAGE CAUSED BY EXISTING STRUCTURAL MOVEMENT
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
371. RIGHT TO REQUIRE REASONABLE ACCESS FOR INSPECTIONS & CLOSEOUT
Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.
372. NO RESPONSIBILITY FOR OWNER-DIRECTED INSTALLATION METHODS
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
373. RIGHT TO UTILIZE COMMERCIALLY REASONABLE TEMPORARY SOLUTIONS
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
374. NO LIABILITY FOR DAMAGE CAUSED BY OWNER FAILURE TO CONTROL SITE CONDITIONS
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
375. RIGHT TO REQUIRE CURRENT MARKET PRICING FOR DELAYED PROCUREMENT
Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations. Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.
376. NO RESPONSIBILITY FOR DAMAGE TO UNMARKED UTILITIES
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
377. RIGHT TO DETERMINE REASONABLE PROJECT ADMINISTRATION PROCEDURES
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
378. NO LIABILITY FOR CONSEQUENTIAL IMPACTS OF TEMPORARY WORK STOPPAGES
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
379. RIGHT TO RECOVER COSTS CAUSED BY EXCESSIVE OWNER INVOLVEMENT
Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
380. MAXIMUM CONTINUING PRESERVATION OF CONTRACTOR LEGAL PROTECTIONS
Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.
Project Pause, Restart, Underground Conditions & Final Enforceability
381. RIGHT TO REQUIRE WRITTEN PROJECT PAUSE AUTHORIZATION
Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.
382. NO LIABILITY FOR EXISTING MOISTURE ENTRAPMENT CONDITIONS
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
383. RIGHT TO DETERMINE REASONABLE PROJECT STAFFING ROTATION
Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.
384. NO LIABILITY FOR DELAYS CAUSED BY SPECIALTY MATERIAL FABRICATION
Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
385. RIGHT TO REQUIRE REASONABLE ACCESS TO UTILITIES
Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.
386. NO RESPONSIBILITY FOR OWNER FAILURE TO OBTAIN THIRD-PARTY CONSENTS
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.
387. RIGHT TO RELY ON REASONABLY AVAILABLE SITE INFORMATION
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
388. NO LIABILITY FOR OWNER DELAY IN PROVIDING FINISH SELECTIONS
Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
389. RIGHT TO REQUIRE PROJECT RESTART APPROVALS
Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions.
390. NO LIABILITY FOR INCIDENTAL DAMAGE CAUSED BY COMMERCIALLY REASONABLE DEMOLITION
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
391. RIGHT TO DETERMINE REASONABLE MATERIAL INSTALLATION METHODS
Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling.
392. NO LIABILITY FOR FUTURE OWNER NEGLECT
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
393. RIGHT TO REQUIRE UPDATED MATERIAL AVAILABILITY CONFIRMATION
Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling.
394. NO RESPONSIBILITY FOR EXISTING FRAMING OR STRUCTURAL VARIANCES
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
395. RIGHT TO REQUIRE WRITTEN WARRANTY CLAIM SUBMISSION
Warranty rights, if any, are limited to expressly stated workmanship obligations and are conditioned upon full payment, proper maintenance, written notice, reasonable access, and Contractor’s opportunity to inspect and cure. Warranty does not cover owner-supplied materials, manufacturer defects, third-party work, misuse, lack of maintenance, movement, moisture, normal wear, environmental conditions, or unauthorized alterations.
396. NO LIABILITY FOR EXISTING UNDERGROUND CONDITIONS
Contractor is not responsible for pre-existing, hidden, concealed, undocumented, unmarked, or latent conditions not reasonably discoverable through normal visual review before commencement of work. Discovery of such conditions may require additional investigation, engineering, redesign, corrective work, revised pricing, and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
397. RIGHT TO DETERMINE REASONABLE PROJECT CLOSEOUT PROCEDURES
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
398. NO LIABILITY FOR DELAYS CAUSED BY MULTIPLE OWNER REPRESENTATIVES
Schedules, sequencing, staffing, trade coordination, delivery dates, and project durations are estimates and may be revised based upon field conditions, approvals, access, payment status, labor availability, inspections, materials, or operational needs. Client-caused delays, restricted access, fragmented work, resequencing, trade stacking, or project pauses may result in additional charges and schedule extensions. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Client is responsible for timely decisions, approvals, access, safe occupancy, security, insurance, pets, children, tenants, visitors, valuables, HOA matters, third-party approvals, and protection of personal property. Contractor shall not be responsible for losses, delays, interference, disputes, damages, or claims caused by Client, occupants, guests, vendors, representatives, or third parties outside Contractor’s control.
399. RIGHT TO RECOVER COSTS CAUSED BY PROJECT FRAGMENTATION
Client remains responsible for timely payment of all approved, authorized, incurred, stored, fabricated, ordered, scheduled, or performed work and related costs. Contractor may recover interest, administrative costs, collection costs, attorney fees, lien costs, remobilization, storage, supervision, project management, overhead, and other reasonable enforcement expenses to the fullest extent permitted by law.
400. MAXIMUM CONTINUING ENFORCEABILITY OF CONTRACTOR RIGHTS
Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.
Website Terms & Conditions Addendum
401. WEBSITE INFORMATION DISCLAIMER
Website content, examples, pricing references, project photos, timelines, and descriptions are for general informational purposes only and do not constitute binding proposals, warranties, or final contractual commitments unless expressly confirmed in writing by Contractor.
402. NO GUARANTEE OF WEBSITE ACCURACY
Website content, examples, pricing references, project photos, timelines, and descriptions are for general informational purposes only and do not constitute binding proposals, warranties, or final contractual commitments unless expressly confirmed in writing by Contractor.
403. ESTIMATES & CONSULTATIONS DISCLAIMER
To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client.
404. INTELLECTUAL PROPERTY PROTECTION
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
405. NO RELIANCE ON WEBSITE CONTENT
Website content, examples, pricing references, project photos, timelines, and descriptions are for general informational purposes only and do not constitute binding proposals, warranties, or final contractual commitments unless expressly confirmed in writing by Contractor.
406. THIRD-PARTY LINKS & PRODUCTS DISCLAIMER
Client acknowledges material availability, lead times, color lots, manufacturer changes, special orders, fabrication, freight, and supplier pricing are outside Contractor’s full control. Special-order, custom, fabricated, allocated, committed, or owner-selected materials are non-refundable once ordered, reserved, fabricated, or committed, and may affect warranty coverage and scheduling. To the fullest extent permitted by law, Contractor disclaims responsibility for indirect, incidental, speculative, punitive, consequential, business, investment, financing, rental, market, delay, or loss-of-use damages. Contractor responsibility, if any, shall be limited to the specific contracted work directly performed by Contractor and actually paid for by Client. Contractor may rely upon and coordinate with subcontractors, suppliers, consultants, engineers, inspectors, manufacturers, and trade specialists, but is not responsible for third-party delays, defects, errors, claims, representations, or warranty outcomes outside Contractor’s direct control.
407. ELECTRONIC COMMUNICATION CONSENT
Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.
408. WEBSITE SUBMISSIONS NOT CONFIDENTIAL
Website content, examples, pricing references, project photos, timelines, and descriptions are for general informational purposes only and do not constitute binding proposals, warranties, or final contractual commitments unless expressly confirmed in writing by Contractor.
409. RIGHT TO REFUSE SERVICE
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
410. GOVERNING LAW & VENUE
Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.
411. ELECTRONIC ACCEPTANCE
Emails, texts, electronic signatures, digital approvals, project management software records, photographs, videos, accounting records, and cloud records may be used as business records and evidence of authorization, performance, and amounts due.
412. SEVERABILITY
This provision is intended to allocate project risk, preserve Contractor operational control, protect Contractor payment rights, and limit Contractor exposure to the fullest extent permitted by Arizona law and applicable construction law. Client agrees to cooperate reasonably and acknowledges that additional work, revised pricing, schedule extensions, or legal remedies may apply where project conditions, approvals, or conduct require them.
413. ENTIRE WEBSITE AGREEMENT
Website content, examples, pricing references, project photos, timelines, and descriptions are for general informational purposes only and do not constitute binding proposals, warranties, or final contractual commitments unless expressly confirmed in writing by Contractor.
414. RESERVATION OF ALL RIGHTS
Contractor reserves all legal, equitable, contractual, statutory, lien, collection, indemnity, warranty-defense, limitation-of-liability, and enforcement rights available under Arizona law and applicable construction law. No accommodation, continued performance, partial payment, negotiation, goodwill repair, delay in enforcement, or informal communication shall constitute waiver unless expressly confirmed in writing by Contractor.
