TERMS AND CONDITIONS
1. Agreement to Terms
These Terms and Conditions ("Terms") govern your use of the website located at createbuildandremodel.com (the "Site") and your engagement with the services offered by Create Build & Remodel ("Company," "we," "us," or "our"), a residential construction and home improvement contractor based in Hyannis, Massachusetts.
By accessing or using this Site, requesting an estimate, entering into a service agreement, or engaging our services in any capacity, you ("Client," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not agree to these Terms, please discontinue use of this Site and do not engage our services.
These Terms apply to all visitors to the Site and to all clients who enter into a contractual relationship with Create Build & Remodel for construction, remodeling, carpentry, exterior, or landscaping services.
2. Company Information and Licensing
Create Build & Remodel Hyannis, Cape Cod, Massachusetts [email protected], (508) 364-8856
Create Build & Remodel operates as a licensed Home Improvement Contractor in the Commonwealth of Massachusetts in accordance with M.G.L. c. 142A and the regulations administered by the Office of Consumer Affairs and Business Regulation (OCABR).
Copies of applicable licenses and certificates of insurance are available upon request prior to the execution of any project contract.
3. Scope of Services
Create Build & Remodel provides residential construction, remodeling, carpentry, exterior renovation, and landscaping services in Cape Cod and the Plymouth region of Massachusetts. Specific services are described in detail on our website and in individual project proposals.
All services are subject to the execution of a separate written project agreement ("Contract") between the Company and the Client. These Terms supplement — and do not replace — the terms of any executed Contract. In the event of a conflict between these Terms and a signed project Contract, the terms of the signed Contract shall prevail.
No service engagement is binding until a written Contract has been signed by both parties and the applicable deposit has been received, as described in Section 6.
4. Estimates and Proposals
4.1 Free Consultations and Estimates
Initial consultations and written estimates provided by Create Build & Remodel are offered at no charge and with no obligation to the Client. An estimate represents our best assessment of project scope and cost based on information available at the time of the consultation.
4.2 Nature of Estimates
All estimates are prepared in good faith based on visible site conditions, information provided by the Client, and current material and labor costs. Estimates are not fixed-price guarantees unless explicitly stated as such in a signed Contract.
Factors that may affect the final project cost include, but are not limited to: concealed structural conditions discovered during construction, changes in material availability or pricing, Client-requested modifications to scope, and conditions that could not be reasonably anticipated during the initial site assessment.
4.3 Estimate Validity
Written estimates are valid for 30 days from the date of issuance, unless otherwise noted. Material costs and subcontractor pricing are subject to change, and estimates issued beyond this period may require revision.
4.4 Proposal Acceptance
A proposal becomes a binding Contract only upon the execution of a written project agreement signed by both parties. Verbal agreements, email confirmations, or digital communications do not constitute an executed Contract.
5. Right of Rescission — Massachusetts Law
Pursuant to the Massachusetts Home Improvement Contractor Law (M.G.L. c. 142A), Clients have the right to cancel any home improvement contract without penalty or obligation within three (3) business days of signing the Contract.
Notice of cancellation must be delivered in writing — by mail, hand delivery, or electronic communication — to the address or email provided in the Contract. If the Client exercises this right, any payments made prior to cancellation shall be returned within 10 business days of the Company's receipt of the cancellation notice.
This right of rescission applies to home improvement contracts and does not apply to contracts for the purchase or construction of new homes.
6. Payment Terms
6.1 Deposit
A deposit is required prior to the commencement of any project. The deposit amount will be specified in the signed Contract. In accordance with Massachusetts law, deposits for home improvement contracts shall not exceed one-third (1/3) of the total contract price.
6.2 Progress Payments
Projects may be structured with milestone-based progress payments, as detailed in the signed Contract. Progress payments are due upon completion of the specified milestone or as otherwise agreed in writing. Failure to make timely progress payments may result in a suspension of work.
6.3 Final Payment
Final payment is due upon substantial completion of the project and prior to or concurrent with the final client walkthrough. "Substantial completion" means the project has reached a stage where it can be used for its intended purpose, even if minor punch-list items remain outstanding.
6.4 Late Payments
Invoices not paid within [X] days of the due date may be subject to a late fee of [X]% per month on the outstanding balance, or the maximum rate permitted by Massachusetts law, whichever is lower. The Company reserves the right to suspend work on any project with overdue outstanding balances.
6.5 Accepted Payment Methods
Accepted payment methods will be specified in the project Contract. The Company does not accept cash as a primary payment method for project contracts.
6.6 Lien Rights
Create Build & Remodel expressly reserves all rights available under Massachusetts law, including the right to file a mechanic's lien on the property in the event of non-payment for services rendered or materials furnished. Lien rights are governed by M.G.L. c. 254.
7. Change Orders
7.1 Scope Changes
Any modification to the agreed scope of work — including additions, deletions, substitutions, or changes to materials or specifications — must be documented in a written Change Order signed by both the Client and an authorized representative of Create Build & Remodel.
7.2 Impact on Timeline and Cost
Change Orders may affect the project timeline, total cost, or both. The Company will provide the Client with a written description of the change, its estimated cost impact, and its estimated effect on the project schedule prior to executing the Change Order.
7.3 Work Stoppage Pending Change Order
The Company may pause work in any area affected by a requested scope change until the Change Order is signed. This pause shall not constitute a breach of Contract by the Company.
7.4 No Unauthorized Changes
Clients should not instruct workers or subcontractors on-site to perform work outside the agreed scope. All scope modifications must be communicated through and approved by the Company's project manager.
8. Project Timeline and Delays
8.1 Estimated Timelines
Project timelines provided by Create Build & Remodel represent good-faith estimates based on anticipated conditions, material availability, and scheduling at the time of contracting. They are not guarantees of completion by a specific date unless explicitly stated as such in a signed Contract.
8.2 Causes of Delay
The Company shall not be held liable for delays caused by factors outside its reasonable control, including but not limited to: adverse weather conditions, supply chain disruptions, material back-orders, permit or inspection delays by governmental authorities, labor shortages, acts of God, or unforeseen site conditions discovered during construction.
8.3 Client-Caused Delays
Delays resulting from late decision-making by the Client, failure to make timely payments, changes to project scope, or unavailability of the property for scheduled work may extend the project timeline and may affect the project's cost. The Company will communicate such impacts in writing as they arise.
9. Unforeseen Conditions
In older or previously renovated properties, conditions may be discovered during construction that were not visible or reasonably detectable during the initial site assessment. These may include, but are not limited to: structural deficiencies, water damage, mold, asbestos, outdated electrical or plumbing systems, or other concealed issues.
When unforeseen conditions are discovered:
- Work in the affected area will be paused
- The Client will be notified promptly and in writing
- The Company will provide a written assessment of the condition, recommended corrective action, and associated cost
- No additional work will proceed in the affected area until the Client provides written authorization via a Change Order
The discovery of unforeseen conditions does not constitute negligence or a breach of contract on the part of Create Build & Remodel.
10. Client Responsibilities
To facilitate the successful completion of each project, the Client agrees to:
- Provide accurate and complete information about the property and project requirements
- Ensure that the property is accessible to the Company and its subcontractors during agreed working hours
- Make timely decisions regarding material selections, design choices, and other required approvals
- Make all payments in accordance with the schedule set forth in the signed Contract
- Secure and maintain homeowner's insurance on the property throughout the project
- Notify the Company of any known hazardous materials, structural concerns, or conditions that may affect the work
- Not directly instruct or direct subcontractors or workers on-site without coordinating through the Company's project manager
11. Permits and Code Compliance
Create Build & Remodel will obtain all required building permits for projects where permitting is our contractual responsibility, as specified in the signed Contract. The cost of permits will be included in the project proposal or invoiced separately, as agreed.
All work performed by Create Build & Remodel will be executed in accordance with applicable Massachusetts building codes, local ordinances, and industry standards at the time of construction. The Client is responsible for disclosing any known zoning restrictions, deed restrictions, homeowner association rules, or other encumbrances that may affect the project prior to contract execution.
12. Subcontractors
Create Build & Remodel may engage licensed subcontractors to perform portions of the work. Subcontractors will be selected at the Company's discretion and are required to carry appropriate licensing and insurance. The Company remains responsible to the Client for the quality and timely completion of all subcontracted work as if performed directly by the Company.
13. Insurance
Create Build & Remodel maintains general liability insurance and workers' compensation coverage as required by Massachusetts law. Certificates of insurance are available upon written request prior to the commencement of any project.
Clients are advised to maintain active homeowner's insurance on the property throughout the duration of any construction or remodeling project. The Company is not responsible for property damage or loss resulting from events covered under the Client's homeowner's insurance policy.
14. Warranties
14.1 Workmanship Warranty
Create Build & Remodel warrants that all work performed will be completed in a professional and workmanlike manner, consistent with applicable building codes and industry standards. The warranty period for workmanship defects is [one (1) year] from the date of substantial completion, unless otherwise specified in the signed Contract.
14.2 Material Warranties
Materials, fixtures, and equipment installed by the Company may be subject to manufacturer warranties. The Company will pass through any applicable manufacturer warranties to the Client. Manufacturer warranty terms are governed by the respective manufacturer and are independent of the Company's workmanship warranty.
14.3 Warranty Exclusions
The workmanship warranty does not cover:
- Damage caused by Client misuse, abuse, neglect, or unauthorized modification
- Normal wear and tear
- Damage resulting from failure to perform routine maintenance
- Issues caused by settling, shrinkage, or movement of materials not related to workmanship
- Work performed by third parties not engaged by Create Build & Remodel
- Damage caused by Acts of God, flooding, or other events beyond the Company's control
14.4 Warranty Claims
To submit a warranty claim, the Client must notify the Company in writing within the warranty period. The Company will inspect the reported issue within a reasonable timeframe and, if the claim falls within the warranty scope, will perform corrective work at no charge to the Client.
15. Limitation of Liability
To the maximum extent permitted by applicable law, the total liability of Create Build & Remodel for any claim arising out of or related to services rendered shall not exceed the total amount paid by the Client to the Company under the applicable project Contract.
Create Build & Remodel shall not be liable for any indirect, incidental, consequential, special, or punitive damages — including loss of use, loss of profits, or damage to personal property not directly related to the contracted work — even if the Company has been advised of the possibility of such damages.
Nothing in these Terms limits the Company's liability for damages caused by gross negligence or willful misconduct.
16. Dispute Resolution
16.1 Good Faith Resolution
In the event of a dispute arising from or related to a project, both parties agree to first attempt resolution through good-faith communication. The Client should submit any concerns in writing to the Company's project manager or principal, who will respond within a reasonable timeframe.
16.2 Mediation
If good-faith communication does not resolve the dispute, both parties agree to pursue non-binding mediation before initiating any legal proceedings. Mediation shall be conducted by a mutually agreed-upon neutral mediator in Barnstable County, Massachusetts, or remotely by mutual agreement.
16.3 Legal Proceedings
If mediation does not result in resolution, either party may pursue legal remedies available under Massachusetts law. Any legal action arising from these Terms or a project Contract shall be filed exclusively in the state or federal courts of competent jurisdiction in Barnstable County, Massachusetts.
16.4 Massachusetts Consumer Protection Act
Nothing in these Terms waives any rights the Client may have under the Massachusetts Consumer Protection Act (M.G.L. c. 93A) or any other applicable consumer protection statute.
17. Intellectual Property
All designs, drawings, renderings, proposals, photographs, and written materials produced by Create Build & Remodel in connection with any project remain the intellectual property of the Company unless otherwise agreed in writing. The Client is granted a license to use these materials solely for the purpose of the contracted project.
The Company reserves the right to photograph completed projects for use in its portfolio, marketing materials, and website, unless the Client provides written objection prior to project completion.
18. Website Use
18.1 Permitted Use
You may use this Site for lawful purposes and in accordance with these Terms. You agree not to use the Site in any way that could damage, disable, overburden, or impair it, or interfere with any other party's use of the Site.
18.2 Accuracy of Information
While we make reasonable efforts to ensure the accuracy of information published on this Site, we do not warrant that all content is complete, current, or error-free. Service descriptions, pricing ranges, timelines, and other information on the Site are provided for general informational purposes only and do not constitute binding commitments.
18.3 No Unlawful Use
You agree not to use this Site to transmit any unsolicited communications, attempt to gain unauthorized access to any part of the Site or its systems, or engage in any conduct that is unlawful, harmful, or fraudulent.
19. Third-Party Links
This Site may contain links to external websites operated by third parties. These links are provided for informational purposes only. Create Build & Remodel has no control over the content, practices, or policies of third-party sites and does not endorse or assume responsibility for them. Your use of any linked site is at your own risk and subject to that site's own terms and policies.
20. Modifications to These Terms
Create Build & Remodel reserves the right to modify these Terms at any time. Updated Terms will be posted on this page with a revised "Last Updated" date. Your continued use of this Site or our services following the posting of updated Terms constitutes your acceptance of those changes.
For active project Contracts already in effect, the Terms in place at the time of contract execution shall govern, unless both parties agree in writing to apply updated Terms.
21. Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed from these Terms entirely, without affecting the validity or enforceability of the remaining provisions.
22. Entire Agreement
For website use, these Terms constitute the entire agreement between you and Create Build & Remodel with respect to your use of the Site. For service engagements, the signed project Contract — together with these Terms — constitutes the entire agreement between the parties regarding the project, superseding all prior discussions, proposals, and representations not incorporated into the written Contract.
23. Governing Law
These Terms and any disputes arising from them shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, including the Massachusetts Home Improvement Contractor Law (M.G.L. c. 142A), the Massachusetts Consumer Protection Act (M.G.L. c. 93A), and applicable federal law, without regard to conflict of law principles.