COMPANY INFORMATION

Legacy Renewal Construction ("LRC")

Phone: (832) 906-3500

Email: support@lrctexas.com

Mailing Address:

3120 Southwest Freeway
Suite 101 #651678
Houston, Texas 77098

Website: www.lrctexas.com
 

1. ACCEPTANCE OF TERMS

These Terms and Conditions are incorporated into and made a part of every proposal, estimate, contract, change order, invoice, payment authorization, and agreement entered into between Legacy Renewal Construction ("LRC") and the Customer ("Owner").

By signing any agreement with LRC, making payment, approving work, authorizing work to proceed, or accepting services from LRC, Owner acknowledges that Owner has reviewed, understands, and agrees to be bound by these Terms and Conditions.

The version of these Terms and Conditions in effect on the date the contract is executed shall govern the project.

2. SCOPE OF WORK

Owner is responsible for determining the desired scope of work and project specifications.    LRC will furnish labor, materials, equipment, and services necessary to complete the work described in the applicable agreement.   Where exact materials are unavailable, discontinued, delayed, or impractical to obtain, LRC may substitute comparable materials of similar quality and appearance.

3. HOMEOWNER ASSOCIATION (HOA), PERMITS, AND APPROVALS

Owner is solely responsible for:

• Compliance with all HOA requirements and restrictions.
• Obtaining HOA approvals unless specifically contracted otherwise.
• Notifying LRC of all municipal, county, utility, deed restriction, or private approval requirements.
• Any fines, fees, penalties, redesign costs, delays, or expenses resulting from undisclosed restrictions.

Owner agrees to indemnify and hold LRC harmless from claims arising from undisclosed restrictions or approval requirements.

4. CANCELLATION POLICY

Owner may cancel the agreement within three (3) calendar days as permitted by law by providing written notice.  After expiration of the cancellation period, the agreement becomes non-cancelable except:

a. By mutual written agreement;
b. As otherwise required by law;
c. Prior to commencement of work upon payment of fifty percent (50%) of the contract amount; or
d. After commencement of work upon payment of the greater of:

• Fifty percent (50%) of the contract amount; or
• The value of work performed, materials purchased, services rendered, and costs incurred.

Deposits, mobilization fees, administrative fees, design fees, permits, purchased materials, and completed work are non-refundable.

5. SCHEDULING AND COMPLETION

All start dates and completion dates are estimates only.

Project schedules may be affected by:

• Weather conditions
• Material availability
• Labor availability
• Permit delays
• Inspection delays
• Utility interruptions
• Change orders
• Acts of God
• Manufacturer delays
• Conditions beyond LRC's control

LRC shall not be liable for delays resulting from such events.   LRC does not guarantee completion on any specific date.

6. PROPERTY ACCESS

Owner shall provide reasonable access to the property during construction and for warranty inspections.

Failure to provide access may result in project delays, additional charges, or suspension of work.

7. MATERIAL DELIVERY AND INSPECTION

Title and risk of loss pass to Owner upon delivery to the project site.

Owner shall inspect delivered materials within three (3) calendar days and notify LRC in writing of any visible defects.

Failure to provide timely notice constitutes acceptance of the materials.

8. CHANGE ORDERS

Any modification to the project scope, materials, specifications, schedule, or payment method shall require written approval.

Changes in payment method after contract execution may be subject to a processing fee.

Additional work performed without an approved written change order may result in additional charges.

9. PAYMENT TERMS

Payments are due according to the contract draw schedule.   Late payments may be subject to administrative fees, interest, collection costs, attorney fees, arbitration costs, court costs, and lien filing expenses.    Owner may not withhold, back-charge, offset, or deduct amounts due without LRC's written consent.    Full payment is due upon substantial completion.   Substantial completion means:

Ninety percent (90%) or more of the contracted materials have been installed and the project can be reasonably used for its intended purpose.

No warranty obligations arise until all amounts due have been paid in full.

10. COLLECTION COSTS

Owner shall reimburse LRC for all costs incurred in collecting unpaid amounts, including:

• Collection agency fees
• Attorney fees
• Court costs
• Arbitration fees
• Filing fees
• Administrative expenses
• Interest allowed by law

11. SECURITY INTEREST AND LIEN RIGHTS

Until paid in full, LRC retains all rights available under Texas law, including mechanic's and materialman's lien rights.

Owner agrees to execute documents reasonably necessary to protect LRC's lien and collection rights.

12. EXISTING CONDITIONS

LRC shall not be responsible for:

• Hidden structural defects
• Mold
• Rot
• Water intrusion
• Termite damage
• Code deficiencies
• Electrical defects
• Plumbing defects
• Foundation movement
• Concealed conditions

Discovery of such conditions may require additional work and change orders.

13. DAMAGE TO EXISTING MATERIALS

LRC will exercise reasonable care during construction.

Owner acknowledges that removal and replacement work may cause unavoidable damage to:

• Older materials
• Brittle materials
• Previously repaired materials
• Aged finishes
• Existing landscaping

LRC shall not be liable for unavoidable damage to such materials.

14. WARRANTY

Manufacturer warranties are provided solely by the respective manufacturers.  LRC labor warranties are provided in writing upon final payment.

Warranty requests must be submitted in writing to:

support@lrctexas.com

A service fee may apply for inspections of non-warrantable conditions.  Unauthorized repairs or modifications may void warranty coverage.

15. LIMITATION OF LIABILITY

LRC shall not be liable for:

• Consequential damages
• Indirect damages
• Special damages
• Incidental damages
• Loss of use
• Lost profits
• Emotional distress damages

LRC's maximum liability shall not exceed the amount paid under the contract.

16. DISPUTE RESOLUTION

Owner shall provide written notice and a reasonable opportunity for inspection and correction before pursuing any claim.

All disputes arising from the agreement shall be resolved through binding arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules.  Venue for arbitration and any related proceedings shall be Montgomery County, Texas.

Texas law shall govern all disputes.

17. ELECTRONIC COMMUNICATIONS

Owner consents to receive communications through:

• Email
• Text message
• Electronic signature platforms
• Customer portals
• Electronic invoices

Electronic communications shall satisfy any requirement for written notice.

18. SAFETY

Construction sites contain inherent hazards.

Owner agrees to restrict access by children, pets, visitors, and non-essential persons during construction.

19. MOLD DISCLAIMER

LRC does not perform mold remediation unless specifically stated in writing.  Owner assumes responsibility for mold, microbial growth, fungal contamination, and related damages.

20. ENTIRE AGREEMENT

These Terms and Conditions, together with the executed contract and approved change orders, constitute the entire agreement between the parties.   No oral statements or representations shall modify the agreement.

21. TEXAS PROPERTY CODE CHAPTER 27 NOTICE

THIS CONTRACT IS SUBJECT TO CHAPTER 27 OF THE TEXAS PROPERTY CODE. OWNER MUST PROVIDE WRITTEN NOTICE OF CONSTRUCTION DEFECT CLAIMS AND AN OPPORTUNITY TO INSPECT AND CURE AS REQUIRED BY LAW PRIOR TO FILING SUIT OR INITIATING ARBITRATION.

22. REQUIRED TEXAS DISCLOSURES

All disclosures required by Texas Property Code Section 53.255, EPA Renovate Right regulations, FTC insulation disclosure regulations, and other applicable laws are incorporated by reference and provided to Owner as required by law.

23. SMS COMMUNICATIONS CONSENT

By providing a telephone number, Owner consents to receive project-related calls and text messages from Legacy Renewal Construction.

Message frequency may vary.

Message and data rates may apply.

Reply STOP to opt out.

Reply HELP for assistance.

Consent is not a condition of purchase.

 

DISCLOSURE STATEMENT FOR RESIDENTIAL CONSTRUCTION CONTRACT – Pursuant to Texas Property Code section 53.255
KNOW YOUR RIGHTS AND RESPONSIBILITIES UNDER THE LAW. You are about to enter into a transaction to build a new home or remodel existing residential property. Texas law requires your contractor to provide you with this brief overview of some of your rights, responsibilities, and risks in this transaction.

CONVEYANCE TO CONTRACTOR NOT REQUIRED. Your contractor may not require you to convey your real property to your contractor as a condition to the agreement for the construction of improvements on your property.

KNOW YOUR CONTRACTOR. Before you enter into your agreement for the construction of improvements to your real property, make sure that you have investigated your contractor. Obtain and verify references from other people who have used the contractor for the type and size of construction project on your property.

GET IT IN WRITING. Make sure that you have a written agreement with your contractor that includes: (1) a description of the work the contractor is to perform; (2) the required or estimated time for completion of the work; (3) the cost of the work or how the cost will be determined; and (4) the procedure and method of payment, including provisions for statutory retainage and conditions for final payment. If your contractor made a promise, warranty, or representation to you concerning the work the contractor is to perform, make sure that promise, warranty, or representation is specified in the written agreement. An oral promise that is not included in the written agreement may not be enforceable under Texas law.

READ BEFORE YOU SIGN. Do not sign any document before you have read and understood it. NEVER SIGN A DOCUMENT THAT INCLUDES AN UNTRUE STATEMENT. Take your time in reviewing documents. If you borrow money from a lender to pay for the improvements, you are entitled to have the loan closing documents furnished to you for review at least one business day before the closing. Do not waive this requirement unless a bona fide emergency or another good cause exists, and make sure you understand the documents before you sign them. If you fail to comply with the terms of the documents, you could lose your property. You are entitled to have your own attorney review any documents. If you have any question about the meaning of a document, consult an attorney.

GET A LIST OF SUBCONTRACTORS AND SUPPLIERS. Before construction commences, your contractor is required to provide you with a list of the subcontractors and suppliers the contractor intends to use on your project. Your contractor is required to supply updated information on any subcontractors and suppliers added after the list is provided. Your contractor is not required to supply this information if you sign a written waiver of your rights to receive this information.

MONITOR THE WORK. Lenders and governmental authorities may inspect the work in progress from time to time for their own purposes. These inspections are not intended as quality control inspections. Quality control is a matter for you and your contractor. To ensure that your home is being constructed in accordance with your wishes and specifications, you should inspect the work yourself or have your own independent inspector review the work in progress.

MONITOR PAYMENTS. If you use a lender, your lender is required to provide you with a periodic statement showing the money disbursed by the lender from the proceeds of your loan. Each time your contractor requests payment from you or your lender for work performed, your contractor is also required to furnish you with a disbursement statement that lists the name and address of each subcontractor or supplier that the contractor intends to pay from the requested funds. Review these statements and make sure that the money is being properly disbursed.

CLAIMS BY SUBCONTRACTORS AND SUPPLIERS. Under Texas law, if a subcontractor or supplier who furnishes labor or materials for the construction of improvements on your property is not paid, you may become liable and your property may be subject to a lien for the unpaid amount, even if you have not contracted directly with the subcontractor or supplier. To avoid liability, you should take the following actions:
(1) If you receive a written notice from a subcontractor or supplier, you should withhold payment from your contractor for the amount of the claim stated in the notice until the dispute between your contractor and the subcontractor or supplier is resolved. If your lender is disbursing money directly to your contractor, you should immediately provide a copy of the notice to your lender and instruct the lender to withhold payment in the amount of the claim stated in the notice. If you continue to pay the contractor after receiving the written notice without withholding the amount of the claim, you may be liable and your property may be subject to a lien for the amount you failed to withhold.
(2) During construction and for 30 days after final completion, termination, or abandonment of the contract by the contractor, you should withhold or cause your lender to withhold 10 percent of the amount of payments made for the work performed by your contractor. This is sometimes referred to as “statutory retainage.” If you choose not to withhold the 10 percent for at least 30 days after final completion, termination, or abandonment of the contract by the contractor and if a valid claim is timely made by a claimant and your contractor fails to pay the claim, you may be personally liable and your property may be subject to a lien up to the amount that you failed to withhold. If a claim is not paid within a certain time period, the claimant is required to file a mechanic’s lien affidavit in the real property records in the county where the property is located. A mechanic’s lien affidavit is not a lien on your property, but the filing of the affidavit could result in a court imposing a lien on your property if the claimant is successful in litigation to enforce the lien claim.

SOME CLAIMS MAY NOT BE VALID. When you receive a written notice of a claim or when a mechanic’s lien affidavit is filed on your property, you should know your legal rights and responsibilities regarding the claim. Not all claims are valid. A notice of a claim by a subcontractor or supplier is required to be sent, and the mechanic’s lien affidavit is required to be filed, within strict time periods. The notice and the affidavit must contain certain information. All claimants may not fully comply with the legal requirements to collect on a claim. If you have paid the contractor in full before receiving a notice of a claim and have fully complied with the law regarding statutory retainage, you may not be liable for that claim. Accordingly, you should consult your attorney when you receive a written notice of a claim to determine the true extent of your liability or potential liability for that claim.

OBTAIN A LIEN RELEASE AND A BILLS-PAID AFFIDAVIT. When you receive a notice of claim, do not release withheld funds without obtaining a signed and notarized release of lien and claim from the claimant. You can also reduce the risk of having a claim filed by a subcontractor or supplier by requiring as a condition of each payment made by you or your lender that your contractor furnish you with an affidavit stating that all bills have been paid. Under Texas law, on final completion of the work and before final payment, the contractor is required to furnish you with an affidavit stating that all bills have been paid. If the contractor discloses any unpaid bill in the affidavit, you should withhold payment in the amount of the unpaid bill until you receive a waiver of lien or release from that subcontractor or supplier.

OBTAIN TITLE INSURANCE PROTECTION. You may be able to obtain a title insurance policy to ensure that the title to your property and the existing improvements on your property are free from liens claimed by subcontractors and suppliers. If your policy is issued before the improvements are completed and covers the value of the improvements to be completed, you should obtain, on the completion of the improvements and as a condition of your final payment, a ‘completion of improvements’ policy endorsement. This endorsement will protect your property from liens claimed by subcontractors and suppliers that may arise from the date the original title policy is issued to the date of the endorsement.

IMPORTANT NOTICE: You and your contractor are responsible for meeting the terms and conditions of this contract. If you sign this contract and you fail to meet the terms and conditions of this contract, you may lose your legal ownership rights in your home.

KNOW YOUR RIGHTS AND DUTIES UNDER THE LAW!

 

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