Canyon Side Construction Terms and Conditions

1. Payment Terms

• A deposit of 50% of the total sum is required upon the commencement of the project to provide funding for the project and enable necessary mobilization of equipment and personnel.
  
• For all residential and commercial projects over $10,000, progress payments will be made as the project reaches specific milestones.
  
• The remaining amount of the total sum shall be paid upon the completion of the Services.
  
• A late fee will be applied if payment is not received within 10 days of the due date. Interest will accrue at a daily rate of 0.75% on the outstanding balance starting on the 11th day until the invoice is paid in full.
  
• Checks must be made out to Canyon Side Construction, or cash. Any payments with debit or credit card transactions will have an additional 3% processing fee.
  
• Any additional work or change orders will require a signed agreement and may be subject to additional charges.

2. Estimates & Pricing

• Estimates are valid for 30 days from the date issued.
• Pricing may be adjusted if material costs or labor expenses increase.
• If unforeseen issues arise, additional charges may apply with prior approval.

3. Liability & Warranty

• Canyon Side Construction is not liable for delays due to weather, material shortages, or other unforeseen circumstances.
• The company is not responsible for damages resulting from pre-existing conditions or undisclosed structural issues.
• Workmanship is guaranteed for 1 year, but material warranties are covered by manufacturers.

Warranty is immediately void if:

• A CSC employee or former employee performs side work, alterations, or repairs for the client.
• Any third party modifies CSC’s work without written approval.
• The structure or project is altered in a way that affects CSC’s work.

4. Client Responsibilities

• The client must provide access to the job site during agreed working hours.
• The client is responsible for obtaining necessary permits unless otherwise stated.
• Any obstacles or hazardous conditions must be disclosed prior to work commencement.

5. Subcontractors 

• Canyon Side Construction may work with subcontractors if needed, particularly for specialized tasks. Before collaborating with any subcontractor, we conduct thorough inspections to ensure they meet industry standards and requirements. All subcontractors we work with are licensed and insured in their respective trades.
• While we trust our subcontractors and oversee the overall project, in the unlikely event that a subcontractor causes damage or fails to meet quality standards, they will be fully responsible for their work and any resulting damages.
• If an issue arises due to a subcontractor’s work, Canyon Side Construction will make reasonable efforts to assist in resolving the situation. However, ultimate responsibility for the subcontractor’s work and any resulting damages lies solely with the subcontractor.
• The client agrees not to hold Canyon Side Construction responsible for any mistakes, damages, or legal actions resulting from a subcontractor’s work. Any claims, disputes, or lawsuits related to a subcontractor's performance must be directed solely to the subcontractor.
• Our commitment remains to ensuring client satisfaction with the entire project while maintaining transparency regarding subcontractor responsibilities.

6. Site Conditions & Pre-Existing Issues

• Canyon Side Construction is not responsible for any delays, additional costs, or damages caused by unforeseen site conditions, including but not limited to hidden structural defects, hazardous materials, or outdated electrical/plumbing systems.

7. Force Majeure (Acts of God)

• Canyon Side Construction shall not be held liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, labor strikes, supply chain disruptions, or governmental restrictions.

8. Insurance Requirements

• Canyon Side Construction carries general liability insurance. However, it is the client's responsibility to ensure adequate homeowner’s insurance coverage for the project site. Any additional insurance requirements must be discussed and agreed upon before work begins.

9. Property Damage & Security

• While every effort is made to prevent damage, Canyon Side Construction is not responsible for any damage to landscaping, driveways, or other property due to necessary construction operations unless caused by gross negligence.

10. Permits & Regulatory Compliance

• Canyon Side Construction will help with all the permitting required. Unless otherwise agreed upon in writing, the client is responsible for obtaining all necessary permits and approvals required for the project. Canyon Side Construction will ensure that work is performed in compliance with applicable building codes.

11. Photography & Marketing

• Canyon Side Construction reserves the right to take photographs and videos of completed work for marketing and portfolio purposes. If the client objects to this, they must notify us in writing before project commencement.

12. Non-Solicitation of Employees

•  The Client agrees not to hire, solicit, contract, or engage any CSC employee, subcontractor, or former employee/subcontractor for 12 months after project completion, without written consent from CSC.
• “Hire” includes:
• Side jobs, cash jobs, weekend work, or after-hours work
• Work through another company owned by the employee
• Paid labor or consulting of any kind
• Work performed at any property the client owns, manages, or controls

If this clause is violated, the Client is responsible for paying the non-solicitation fee, which is:

• 20% of the total project value, OR
• $5,000, whichever is greater.
  This fee must be paid within 10 business days of the violation.

Any unauthorized work performed by CSC employees or former employees for the Client will immediately void all warranties.

• CSC reserves the right to pursue additional damages under Idaho law.

13. Customer Communication & Availability

• Canyon Side Construction is committed to delivering outstanding customer service. However, we also value a work-life balance. Our regular business hours are Monday through Friday from 8:00 AM to 5:00 PM. We kindly ask that clients respect these hours when reaching out for inquiries or concerns.
• If an emergency arises outside of business hours, we will make every effort to respond as soon as possible. Otherwise, non-urgent matters will be addressed during our next available business day.

14. Change Orders & Additional Work

• Any requested changes after work has begun must be submitted in writing.
• Additional costs may apply and must be approved before work continues.

15. Termination

• Either party may terminate this Agreement in writing for material breach or for convenience, subject to any applicable notice periods.
• In the event of termination, Canyon Side Construction shall be compensated for the work completed plus 20% of the total sum up to the termination date.
• Payment must be made in full within 15 business days of the termination date.

16. Dispute Resolution

• Any disputes will first be attempted to be resolved through direct communication. 

If unresolved, disputes shall be subject to mediation or arbitration under Idaho law.

17. Mechanics’ Lien Rights (Idaho Law)
Under Idaho Code §45-501 et seq., contractors and suppliers are legally entitled to protect payment for services and materials through a mechanic’s lien.

At Canyon Side Construction, we view this as a measure of last resort. If an invoice is approaching 90 days past due, we may record a lien to secure the outstanding balance against the property. This is simply a legal tool to ensure payment for work completed.

Our goal is always to resolve any balance through clear communication and cooperation first, and we are committed to working with our clients to avoid the need for a lien filing whenever possible.

18. Governing Law

• These Terms and Conditions are governed by the laws of the State of Idaho.

Version 1.0 – Effective July 20, 2023