RESIDENTIAL ROOFING AND EXTERIOR TERMS & CONDITIONS

Version 2026.08.27

Effective August 27, 2026

These Residential Roofing and Exterior Terms & Conditions apply to a residential Project when expressly incorporated into a signed Agreement between a property owner and Contractor.

The signed Agreement identifies the legal contracting company responsible for the Project. That company is referred to in these Terms & Conditions as Contractor.

The signed Agreement identifies this specific version of the Terms & Conditions. Version 2026.08.27 remains the version governing that Project even if Contractor later publishes a newer version.

If these Terms & Conditions conflict with the Project-specific scope of work, Contract Price, a signed Change Order, or a mandatory provision of applicable law, the Project-specific signed provision or mandatory law controls.

1. Definitions

Owner means the residential property owner or other person with legal authority to enter into the Agreement.

Contractor means the legal contracting company identified in the signed Agreement.

Property means the residential property where the Project will be performed.

Agreement means the signed estimate, proposal, contract, or other written agreement between Owner and Contractor, together with the Project-specific scope, these incorporated Terms & Conditions, approved Change Orders, applicable statutory provisions, and any other document specifically incorporated in writing.

Project means the roofing, exterior, or related construction work described in the signed Agreement.

Contract Price means the amount Owner agrees to pay Contractor for the Project, including approved Change Orders and authorized additional work.

Change Order means a written modification to the Project scope, materials, price, payment terms, schedule, or other Project requirement approved by Owner and Contractor.

Insurance-Funded Project means a Project expected to be paid wholly or partly from property insurance proceeds, including a Project combining insurance proceeds with Owner funds, upgrades, financing, or credit.

Substantial Completion means the Project has been completed according to the agreed scope and is ready for its intended use, even if minor punch-list, adjustment, cleanup, or cosmetic items remain.

2. Contractor Identity

Only the legal contracting company identified in the signed Agreement is responsible for the Project.

The use of common forms, systems, vendors, employees, subcontractors, administrative resources, management resources, or business processes by affiliated, commonly managed, or related businesses does not make another company a party to the Agreement.

3. Scope of Work Controls

The Project includes only work specifically identified in the written scope of work and approved Change Orders.

Insurance estimates, adjuster estimates, inspection reports, photographs, sales presentations, prior proposals, verbal discussions, emails, text messages, or other communications do not independently expand the Project scope unless specifically incorporated into the Agreement in writing.

Verbal instructions do not modify the Agreement.

Email or text communication may serve as written authorization when the communication clearly identifies and approves a specific change, material selection, price, or other Project authorization.

Work not specifically included in the agreed scope is not included in the Contract Price.

If a Project-specific provision in the signed Agreement directly conflicts with these general Terms & Conditions, the Project-specific provision controls.

4. Changes and Additional Work

Construction may uncover conditions or requirements that were not visible or reasonably known when the original scope was prepared.

Additional work may result from concealed damage, building-code requirements, manufacturer requirements, inspection requirements, Owner requests, material changes, actual field conditions, or work performed by another trade.

Additional work will be documented through a written Change Order whenever reasonably possible.

A Change Order may change the Contract Price, materials, payment requirements, or Project schedule.

Contractor is not required to perform additional work until it has been authorized, except for limited work reasonably necessary to protect the Property from additional damage, maintain a safe condition, prevent unnecessary exposure of the structure, or complete authorized concealed-substrate replacement.

If Owner requests a change after materials have been ordered, fabricated, delivered, or installed, Owner is responsible for reasonable costs already incurred, including labor, delivery, return, restocking, remobilization, and non-refundable material charges.

5. Scheduling, Weather, and Delays

Start dates and completion dates are projected scheduling windows and are not guaranteed unless specifically stated otherwise in writing.

Roofing and exterior construction depends on weather, safe working conditions, inspections, material availability, deliveries, crew availability, and other conditions that may change with little notice.

Contractor may delay, reschedule, or suspend work because of rain, hail, wind, lightning, extreme temperatures, unsafe conditions, material shortages, delivery delays, inspection or permit delays, governmental action, labor disruption, supply-chain problems, acts of God, or other conditions outside Contractor's reasonable control.

Contractor is not responsible for delays caused by conditions outside its reasonable control.

If Owner causes a delay by restricting access, failing to make required selections, failing to make a required payment, changing the scope, requesting postponement, or otherwise preventing scheduled work, Contractor may reschedule the Project.

Reasonable storage, remobilization, delivery, or other costs directly caused by an Owner-created delay may be added through a Change Order.

6. Owner Preparation and Access

Roofing and exterior construction is active work. Noise, vibration, dust, debris, deliveries, equipment, and temporary disruption are normal.

Owner agrees to provide Contractor and its crews reasonable access to the Property during the Project, including driveways, gates, yards, electrical service, and water when reasonably required.

Remove or secure fragile items that may be affected by construction vibration.
Protect attic contents when appropriate.
Notify Contractor of known leaks, fragile ceilings, loose fixtures, drywall cracks, or other unusual interior conditions.
Move vehicles, trailers, and equipment away from active work areas.
Remove or secure patio furniture, grills, decorations, planters, toys, and other breakable exterior items.
Secure pets and keep children, guests, and unauthorized persons away from active work areas.
Identify known sprinkler heads, irrigation lines, septic components, invisible fencing, landscape lighting, low-voltage wiring, or other concealed private improvements.
Notify Contractor of unusually fragile landscaping, driveways, walkways, decks, fences, or exterior surfaces.

Owner is responsible for obtaining permission for access across neighboring property when such access is necessary and is not otherwise available to Contractor.

7. Property Protection and Cleanup

Contractor will use reasonable care to protect landscaping, driveways, exterior finishes, and surrounding areas.

Owner understands that roofing and exterior construction involves falling debris, foot traffic, ladders, equipment, material staging, dumpsters, trailers, and other normal construction activity.

Minor dust, impressions, marks, scuffs, or similar incidental conditions may occur despite reasonable care.

Contractor is not responsible for damage caused by pre-existing deterioration, improperly installed materials, hidden defects, unsecured personal property, normal construction vibration, undisclosed underground or concealed improvements, or conditions outside Contractor's reasonable control.

This limitation does not apply to damage directly caused by Contractor's negligence.

Contractor will perform reasonable jobsite cleanup after its work is completed.

For roofing tear-off, Contractor will make reasonable efforts to remove loose nails and debris, including magnetic cleanup when appropriate. Roofing tear-off may produce thousands of nails and small pieces of material, and Contractor cannot guarantee recovery of every nail or piece of debris.

Materials removed from the Project become Contractor's property for disposal unless otherwise agreed in writing.

Unused materials purchased and supplied by Contractor remain Contractor's property unless specifically sold to Owner as part of the Agreement.

8. Concealed Conditions and Substrate Replacement

Roof decking, wall sheathing, framing, and other substrates are not fully visible until existing materials are removed.

If deteriorated decking, rotten sheathing, damaged framing, unsafe substrate, or similar concealed conditions are discovered, Contractor may replace materials reasonably necessary to provide a safe, code-compliant, and properly installed system.

Contractor may perform up to two hundred dollars ($200) of necessary decking, sheathing, or similar substrate replacement without additional Owner approval when reasonably needed to continue work safely or prevent unnecessary exposure of the structure.

If the expected additional cost exceeds $200, Contractor will make reasonable efforts to obtain Owner authorization before proceeding.

Contractor may perform additional emergency work without prior approval when reasonably necessary to protect the structure from immediate additional damage or correct an unsafe condition.

Additional substrate replacement will be billed at unit rates stated in the Agreement or Change Order. If no unit rate is stated, reasonable market labor and material rates will apply.

Discovery of concealed conditions may extend the Project schedule.

9. Pre-Existing Surfaces and Conditions

Tear-off, flashing removal, siding work, gutter work, and other construction may expose or affect pre-existing materials including stucco, siding, fascia, soffit, trim, paint, masonry, sealants, flashing, decking, and previously repaired areas.

Minor cracking, separation, paint disturbance, or finish damage may occur where rigid, aged, brittle, improperly installed, or previously repaired materials meet the Project work.

Contractor is not responsible for correcting pre-existing deterioration or cosmetic conditions unless those repairs are specifically included in the written scope.

Contractor remains responsible for damage directly caused by its negligence.

10. Color, Texture, and Material Matching

Existing roofing, siding, paint, metal, gutters, masonry, and other exterior materials change in appearance over time because of age, weather, sunlight, manufacturing changes, and normal wear.

When repairing or replacing only part of an existing surface, Contractor does not guarantee an exact color, texture, grain, sheen, profile, or weathering match unless specifically stated in writing.

Samples, photographs, brochures, computer images, and manufacturer displays are representations only. Actual materials may vary in shade, texture, or appearance.

11. Materials and Substitutions

Contractor will install the materials identified in the signed scope, subject to manufacturer availability.

If a specified material becomes unavailable, discontinued, materially delayed, or incompatible with actual field conditions, Contractor may propose a reasonably comparable substitute.

Owner approval will be obtained before a substitution that materially changes the Project's appearance, warranty, performance, or price.

Normal manufacturer production changes, packaging changes, or minor product variations that do not materially change product performance are not Change Orders.

Special-order or custom materials may be non-returnable and non-refundable once ordered.

12. Material Pricing and Owner-Caused Delays

The Contract Price is based on labor and material costs reasonably available when the Agreement is signed.

Contractor will honor the agreed Contract Price during the normal Project schedule.

If work is materially delayed because of Owner action, requested postponement, failure to make required selections, failure to provide access, or another Owner-caused delay, Contractor may adjust the Contract Price through a Change Order for documented material, freight, permit, storage, or similar cost increases caused by the delay.

Contractor will not increase the Contract Price merely because Contractor underestimated ordinary labor or material costs.

13. Existing Equipment, Utilities, and Work by Others

Unless specifically included in the scope, Contractor is not responsible for removal, disconnection, repair, replacement, or reinstallation of solar systems, satellite equipment, antennas, security equipment, HVAC equipment, generators, electrical equipment, plumbing, specialty lighting, or other equipment attached to or near the work area.

Owner agrees to disclose known concealed wiring, piping, gas lines, electrical lines, low-voltage systems, or other equipment that could reasonably affect the work.

Contractor is not responsible for defects, leaks, damage, or warranty issues caused by work later performed by another contractor, trade, utility, or person, including penetrations or modifications made after Contractor completes its work.

14. Permits, Building Code, HOA, and Manufacturer Requirements

Contractor will perform its work in substantial accordance with applicable building codes and manufacturer installation requirements.

Permits will be obtained when required by law and when included in the Project scope.

If a building official, inspector, engineer, manufacturer, or other authority requires work that was not reasonably identifiable or included in the original scope, the additional work may be addressed through a Change Order.

Owner is responsible for homeowner association or architectural committee approval unless the Agreement specifically states Contractor will obtain it.

Contractor is not responsible for delays caused by permitting authorities, inspectors, homeowner associations, utilities, governmental agencies, or other third parties.

15. Insurance Claims and Deductibles

If the Project involves a property insurance claim, the construction Agreement remains between Owner and Contractor. The insurance policy remains between Owner and the insurance carrier.

Owner is responsible for the applicable insurance deductible and for exclusions, depreciation, upgrades, non-covered items, and other amounts not paid by the insurance carrier.

Contractor will not waive, rebate, absorb, credit, offset, or otherwise improperly assist Owner in avoiding payment of an insurance deductible.

Where permitted by law and separately approved, Owner may satisfy an insurance deductible or other Owner obligation through a legitimate financing or installment arrangement under which the amount remains payable in full.

Insurance approval and payment timing are controlled by the insurance carrier and applicable policy.

Insurance proceeds may be applied toward the Contract Price but do not independently establish Contractor's Contract Price.

Owner agrees to promptly apply insurance proceeds received for Contractor's completed or authorized work toward amounts due under the Agreement.

If an insurance check requires endorsement or processing by a mortgage company, Owner agrees to reasonably cooperate with the steps required to release funds for completed work.

16. Contractor's Role on Insurance Projects

Contractor is a construction contractor.

Contractor is not acting as a public insurance adjuster, attorney, insurance agent, or representative of Owner for purposes of determining insurance coverage or negotiating settlement of an insurance claim.

Contractor may inspect the Property, prepare construction estimates, take measurements and photographs, document damage, identify construction requirements, prepare invoices, and provide factual information concerning materials, labor, quantities, building codes, manufacturer requirements, and construction costs.

Contractor may provide this construction information to Owner, the insurance carrier, adjuster, mortgage company, or another authorized party as permitted by law.

Contractor may identify construction items or costs that appear to be missing from an insurance estimate and provide factual documentation supporting Contractor's proposed construction scope.

Contractor does not promise or guarantee that an insurance carrier will approve any item, supplement, price, scope, or payment.

Contractor does not interpret insurance policy coverage, determine insurance benefits, or negotiate an insurance settlement on Owner's behalf.

17. Insurance Supplements

Insurance estimates may change as additional documentation, measurements, concealed conditions, code requirements, manufacturer requirements, or other Project information becomes available.

A supplement is documentation supporting additional or corrected construction scope or cost. A supplement is not a guarantee of insurance approval or payment.

If additional work becomes necessary and Owner authorizes Contractor to perform it, the Agreement may be updated through a Change Order or other written authorization.

If an insurance carrier declines to pay for work Owner separately authorizes, Owner remains responsible for payment unless Contractor agrees otherwise in writing.

18. Contract Price and Source of Funds

Owner is responsible for payment of the Contract Price regardless of the source of funds used to pay for the Project, except where the Agreement specifically states otherwise or applicable law provides otherwise.

Payment may come from Owner funds, property insurance proceeds, mortgage company proceeds, third-party financing, Contractor-approved credit, or any combination of those sources.

The involvement of an insurance carrier, adjuster, mortgage company, lender, financing provider, or other third party does not make that party responsible for Owner's obligations under the Agreement.

An insurance carrier's estimate does not establish Contractor's scope or Contract Price unless specifically incorporated into the Agreement.

A delay, reduction, denial, or change in insurance proceeds, recoverable depreciation, mortgage funds, financing, or other third-party funds does not change Owner's payment obligation unless Contractor agrees otherwise in writing or applicable law provides otherwise.

19. Payment Terms

The Project payment schedule is stated in the signed Agreement, invoice, Credit Addendum, or applicable financing document.

Owner agrees to make payments when due.

For an Insurance-Funded Project, Owner agrees to promptly pay Contractor insurance proceeds received for Contractor's work, together with the applicable deductible, approved upgrades, non-covered work, and other amounts owed by Owner.

For a hybrid Project, insurance proceeds may be applied toward the Contract Price and Owner's remaining obligation may be paid directly, through third-party financing, through approved Contractor credit, or through a combination of those methods.

For a retail Project, payment may be made according to the Project payment schedule, approved third-party financing, Contractor-approved credit, or another arrangement approved in writing.

Final payment is due upon Substantial Completion unless another payment arrangement has been approved in writing.

Minor punch-list, cleanup, warranty, adjustment, or cosmetic items do not delay Substantial Completion or payment of undisputed amounts otherwise due.

Owner may not withhold an undisputed balance because of a separate disputed item except where applicable law provides otherwise.

Interest, finance charges, or late charges will be imposed only when stated in an applicable signed Agreement or credit document and permitted by law.

20. Contractor-Provided Credit

Contractor may, but is not required to, extend credit or approve deferred payment terms for qualified Owners.

Contractor may require a separate credit application, identity verification, references, consumer-report authorization, financial information, or other information reasonably necessary to evaluate a credit request.

Any authorization or disclosure required by consumer-credit or consumer-reporting law will be obtained in the form required by law.

Credit extended directly by Contractor will be documented through a separate Credit Addendum, retail installment agreement, promissory agreement, or other legally appropriate financing document.

The applicable credit document will state the amount financed, required payments, payment dates, applicable interest or finance charges, late-payment provisions, and disclosures required by law.

Unless expressly stated in a signed credit agreement, Contractor's temporary agreement to defer collection does not create an ongoing line of credit or permanently change the payment requirements of the Agreement.

Approval of credit for one portion of the Project does not require Contractor to extend additional credit for Change Orders, upgrades, deductibles, supplements, additional work, or future Projects.

A credit arrangement does not by itself create a lien or security interest in the Property. Any lien or security interest must independently satisfy applicable law.

21. Third-Party Financing

Contractor may make third-party financing options available for Owner's convenience.

Any financing agreement between Owner and a third-party financing provider is separate from the construction Agreement.

Approval, interest rates, repayment terms, fees, funding requirements, credit decisions, and other financing terms are determined by the financing provider.

Contractor does not guarantee financing approval or funding.

If third-party financing is denied, delayed, reduced, canceled, or otherwise unavailable after Owner has authorized work or materials, Owner remains responsible for authorized work, materials, and amounts due unless applicable law or a separate written agreement provides otherwise.

22. Past-Due Amounts and Default

Amounts subject to a separate credit agreement are governed by the interest, finance-charge, late-payment, and default provisions of that agreement.

Contractor may suspend work, material orders, scheduling, or further extension of credit when Owner is materially delinquent in payment.

To the extent permitted by law, Contractor may defer non-emergency warranty service while a material and undisputed balance owed under the Agreement remains past due.

Owner is responsible for reasonable collection costs, court costs, attorney fees, and other amounts recoverable under applicable law.

Contractor retains mechanic's lien, materialman's lien, contractual, collection, and other remedies lawfully available to Contractor.

Nothing in these Terms & Conditions represents or guarantees that a lien has been created or perfected.

23. Suspension of Work

Contractor may suspend work if Owner fails to make a required payment, denies reasonable access, fails to make a required decision or selection, creates an unsafe condition, interferes with Contractor's work, or otherwise materially fails to perform Owner's obligations.

An Owner-caused suspension may result in schedule changes, material storage costs, additional delivery charges, remobilization charges, or other reasonable costs directly caused by the delay.

Work may resume after the condition causing the suspension has been reasonably corrected and any required payment or authorization has been received.

24. Subcontractors and Control of Work

Contractor may use qualified employees, subcontractors, suppliers, labor crews, or specialty trades to perform portions of the Project.

Contractor retains control over the means, methods, sequencing, crew assignments, subcontractors, and safety procedures used to perform the work.

Owner agrees not to supervise, direct, hire, dismiss, or interfere with Contractor's employees or subcontractors.

Questions, concerns, and requested changes must be directed through Contractor's designated Project contact.

25. Jobsite Safety

Owner agrees to keep family members, guests, children, pets, and other persons away from active construction areas.

Contractor may stop or suspend work when unsafe conditions exist, including severe weather, structural instability, blocked access, electrical hazards, interference by unauthorized persons, or other conditions creating an unreasonable risk.

Safety will not be compromised for scheduling convenience.

26. Hazardous Materials and Unknown Conditions

Unless specifically included in the scope, Contractor's work does not include testing, removal, treatment, containment, or remediation of asbestos, lead, mold, hazardous chemicals, biological contamination, contaminated soil, or other regulated or hazardous materials.

Owner agrees to disclose known hazardous materials or hazardous conditions before work begins.

If suspected hazardous materials or unsafe conditions are discovered, Contractor may stop affected work until the condition is properly evaluated or addressed.

Testing, remediation, specialty contractor work, delays, or additional construction required because of those conditions are outside the original scope unless specifically included in writing.

WORKMANSHIP WARRANTY

27. Seven-Year Workmanship Warranty

Contractor provides Owner a seven-year workmanship warranty beginning on the date of Substantial Completion of the applicable work.

This warranty applies only to work specifically performed by Contractor under this Agreement. Warranty coverage is limited to work involving products and materials sold and furnished by Contractor and does not extend to pre-existing components or materials, products, or equipment supplied by Owner or any third party.

28. Warranty Coverage

This warranty covers leaks, installation failures, or other covered conditions caused directly by defective workmanship performed by Contractor.

If Contractor determines that a condition is covered by this warranty, Contractor will repair the affected portion of its work at no cost to Owner.

Contractor determines the appropriate method of inspection and repair consistent with normal construction practices and applicable manufacturer requirements.

29. Owner Warranty Responsibilities

To receive warranty service, Owner must:

Notify Contractor in writing within two business days after discovering a leak or suspected workmanship issue.
Take reasonable steps to prevent additional damage.
Provide Contractor reasonable access to inspect and, when appropriate, repair the affected area.
Reasonably maintain the roofing and exterior systems.
Avoid allowing another contractor or trade to alter Contractor's work before Contractor has had a reasonable opportunity to inspect the reported condition, except when emergency work is reasonably necessary to prevent substantial additional damage or protect health and safety.

Failure to provide notice within two business days does not automatically void this warranty. Contractor is not responsible, however, for additional damage that could reasonably have been avoided through timely notice or reasonable mitigation.

30. Warranty Exclusions

This workmanship warranty does not cover damage or failure caused by conditions other than Contractor's defective workmanship, including:

Hail, wind, tornado, hurricane, lightning, flood, earthquake, fire, or other severe weather or casualty events.
Structural movement, settlement, shifting, expansion, contraction, or structural failure.
Damage caused by third parties, other contractors, trades, occupants, animals, or equipment.
Roof or wall penetrations, modifications, repairs, additions, or equipment not installed by Contractor.
Manufacturer defects or product failures.
Normal aging, wear, fading, discoloration, oxidation, or deterioration.
Failure by Owner to reasonably maintain the Property.
Pre-existing defects, improper prior construction, concealed conditions, or substrate failure not caused by Contractor.
Mold, condensation, interior humidity, ventilation conditions, or water intrusion from sources unrelated to Contractor's work.
Trees, falling objects, pests, rodents, birds, or other animals.
Abuse, misuse, neglect, or failure to reasonably mitigate a known problem.

31. Manufacturer Warranties

Material and product warranties are provided by the applicable manufacturer and are separate from Contractor's workmanship warranty.

Manufacturer warranty terms, duration, exclusions, registration requirements, transfer requirements, and remedies are controlled by the manufacturer.

Contractor does not expand or guarantee a manufacturer warranty beyond the manufacturer's terms.

Contractor will reasonably assist Owner with available manufacturer warranty information when requested.

32. Warranty Inspection and Repair

Owner agrees to provide Contractor a reasonable opportunity to inspect a reported workmanship concern before another contractor alters or repairs the affected work.

If the condition is covered, Contractor will perform or arrange the repair within a reasonable period based on the nature of the issue, weather, material availability, safety, and scheduling conditions.

Emergency conditions involving active water intrusion or an immediate safety concern should be reported to Contractor as soon as reasonably possible.

33. Post-Storm Reinspection and Warranty Protection

After a significant hailstorm, windstorm, or other severe weather event that may reasonably have affected the roofing or exterior system, Contractor may request reasonable access to inspect the system.

The inspection may be used to identify storm-related damage, document system condition, distinguish storm damage from workmanship conditions, support Contractor's workmanship warranty obligations, and support manufacturer warranty eligibility when applicable.

If Owner refuses reasonable access following a material storm event, Contractor may be unable to verify the condition of the system.

In that circumstance, warranty obligations may be limited only to the extent Contractor cannot reasonably determine whether a reported condition was caused by workmanship, the storm, or another excluded event.

This inspection provision does not create or extend any warranty and does not require Owner to authorize repairs.

34. Warranty Transfer

This workmanship warranty is issued to the original Owner who entered into the Agreement with Contractor.

A request to transfer the workmanship warranty to a purchaser of the Property may be submitted to Contractor in writing before the sale of the Property.

Any transfer is subject to Contractor's written approval and any reasonable inspection or transfer requirements then in effect.

Manufacturer warranties are governed separately and may be non-transferable or subject to manufacturer requirements.

35. Warranty Limitation

This workmanship warranty is the workmanship warranty provided by Contractor unless a separate written warranty is expressly issued and signed by Contractor.

This warranty does not eliminate or restrict any warranty or consumer right that applicable law does not permit Contractor and Owner to waive or limit.

36. Project Communication

Owner agrees that email, text messaging, electronic documents, and electronic signatures may be used for scheduling, material and color selections, approvals, Change Orders, invoices, notices, Project documentation, and Project coordination where permitted by law.

This provision applies to Project-related communication and does not create consent for unrelated marketing communications when separate consent is required.

37. Electronic Signatures

Owner and Contractor agree that the Agreement, Change Orders, selections, approvals, and other Project documents may be signed or accepted electronically to the extent permitted by law.

An electronic signature or electronic acceptance is intended to have the same force and effect as a handwritten signature.

Electronic execution does not eliminate any separate statutory or constitutional requirement governing creation or perfection of a lien, security interest, or other right requiring additional formalities.

38. Photographs and Project Documentation

Owner authorizes Contractor to photograph and document the Property and Project for estimating, construction, quality control, safety, insurance documentation, warranty documentation, and internal business records.

Use of identifiable Owner information or Project photographs for advertising or promotional purposes will be handled under any separate authorization required by Contractor policy or applicable law.

39. Authority to Sign

Each person signing the Agreement represents that the person owns the Property or has legal authority to enter into the Agreement on behalf of the Property owner.

This includes Property held by spouses, trusts, estates, limited liability companies, or other ownership arrangements.

Contractor may rely on that representation unless Contractor receives written notice otherwise before work begins.

Owner is responsible for obtaining any additional approval or signature required from another owner, spouse, trustee, lender, mortgage company, homeowner association, or other party with an interest in the Property.

40. Cancellation and Termination

Nothing in these Terms & Conditions limits any cancellation or rescission right provided to Owner by applicable federal or state law.

When applicable law provides Owner a cancellation right, the applicable statutory notice, deadline, and cancellation procedure control.

If Owner cancels or terminates the Project after any applicable cancellation period has expired and without another legal right to terminate because of Contractor default, Owner is responsible for work performed and reasonable Project costs already incurred.

Those costs may include ordered or special-order materials, permits, delivery charges, labor, restocking fees, disposal costs, subcontractor commitments, and reasonable demobilization costs to the extent permitted by law.

Contractor may terminate the Agreement for a material breach by Owner after providing any notice required by applicable law.

41. Notice of Concern and Opportunity to Inspect

If Owner believes Contractor's work is defective, incomplete, or has caused damage, Owner agrees to promptly notify Contractor and provide a reasonable description of the concern.

Except in an emergency requiring immediate action to prevent substantial additional damage or protect health and safety, Owner agrees to provide Contractor a reasonable opportunity to inspect the condition before another contractor alters or repairs Contractor's work.

When appropriate, Contractor will be provided a reasonable opportunity to offer or perform corrective work.

Nothing in this section replaces a mandatory statutory notice, inspection, cure, or pre-suit procedure.

Nothing in this section limits any right that applicable law does not permit the parties to waive.

42. Dispute Resolution

Contractor and Owner agree that direct communication is the first step in resolving a disagreement.

Owner agrees to notify Contractor of a dispute and provide Contractor a reasonable opportunity to investigate and respond.

If a dispute cannot be resolved through direct discussion, the parties agree, to the extent permitted by law, to participate in good-faith mediation in the county where the Property is located before filing suit.

The mediation requirement does not replace any mandatory statutory notice, inspection, repair, or pre-suit procedure and does not prevent either party from preserving lawful lien rights, meeting a statutory deadline, seeking emergency relief, or pursuing another remedy that cannot reasonably be delayed.

Unless otherwise required by law, legal action arising from the Agreement will be brought in the county where the Property is located.

The Agreement is governed by the laws of the state where the Property is located.

Attorney fees and court costs may be recovered only to the extent permitted by applicable law or an enforceable provision of the Agreement.

43. Limitation of Liability

To the extent permitted by law, Contractor's total liability arising from the Project or Agreement will not exceed the total amount paid to Contractor under the Agreement.

To the extent permitted by law, Contractor will not be liable for incidental, indirect, special, exemplary, or consequential damages, including loss of use, lost rental income, or similar economic loss.

These limitations do not apply to gross negligence, willful misconduct, liability that applicable law does not permit the parties to waive or limit, or Contractor's obligation to perform covered repairs under the workmanship warranty.

44. Severability

If any provision of the Agreement or these Terms & Conditions is determined to be invalid or unenforceable, the remaining provisions continue in effect to the fullest extent permitted by law.

45. No Waiver

Failure by either party to enforce a provision on one occasion does not waive the right to enforce that provision later.

46. Assignment

Owner may not assign the Agreement to another person or entity without Contractor's written consent except where applicable law provides otherwise.

Contractor may assign lawful payment rights or receivables and may use subcontractors to perform the work.

47. Entire Agreement and Document Priority

The signed Agreement, Version 2026.08.27 of these Terms & Conditions, approved Change Orders, and other documents specifically incorporated in writing constitute the parties' agreement concerning the Project.

Prior proposals, conversations, representations, or understandings concerning the same work are superseded unless specifically incorporated into the Agreement.

If documents conflict, the following order controls to the extent of the conflict:

Mandatory applicable law.
A signed Change Order specifically addressing the issue.
The Project-specific signed scope of work and Contract Price.
These incorporated Residential Roofing and Exterior Terms & Conditions.

State-specific statutory notices, disclosures, waivers, and cancellation rights contained in or delivered with the signed Agreement remain effective and control over any inconsistent general provision in these Terms & Conditions.

48. Version Control

These Terms & Conditions are Version 2026.08.27, effective August 27, 2026.

This published version will not be modified.

Any future revision will receive a new version number, effective date, PDF file, and permanent URL.

A signed Agreement incorporating Version 2026.08.27 will continue to be governed by Version 2026.08.27 unless Owner and Contractor expressly agree otherwise in a subsequent signed writing.

Contact Us

Address: 15371 FM 2590, Amarillo, Texas 79119

Commercial and Residential License Number: 03-0274

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