General Terms & Conditions:

Customer authorizes SCPC Construction, LLC to perform the work outlined in this Agreement, with any additional work requiring a written change order and additional charges. Project completion dates are estimates and may be affected by weather, material availability, permitting, or unforeseen site conditions. Customer is responsible for verifying property lines, obtaining required HOA approvals, and identifying all private underground utilities before construction begins. Minor variations in materials, normal settling, gate adjustments, and incidental disturbance to landscaping are considered part of the construction process and are not defects. Payment is due according to the agreed schedule, and overdue balances may result in suspended work and applicable fees. This proposal is subject to SCPC Construction, LLC's Full Terms & Conditions.

1. Entire Agreement

This Agreement, together with any attached proposal, estimate, specifications, drawings, constitutes the entire agreement between SCPC Construction, LLC ("Contractor") and the Customer “Customer”. No verbal statements, promises, or representations shall modify this Agreement unless made in writing and signed by both parties.

2. Scope of Work

Contractor agrees to furnish labor, equipment, and materials necessary to complete the work specifically described in the attached proposal. Any work not specifically listed shall be considered outside the scope of this Agreement and may require a written Change Order with additional charges.

3. Change Orders

Any modification, addition, deletion, or alteration to the original scope of work must be approved in writing before work begins. Additional work may increase the total contract price and may extend the estimated completion date.

4. Payment Terms

Unless otherwise agreed in writing:

• A deposit is due upon contract acceptance.

• Progress payments may be required based on project milestones.

• The remaining balance is due immediately upon substantial completion of the project.

Invoices not paid within ten (10) days of the due date may accrue interest at the maximum rate permitted by Tennessee law. Customer shall be responsible for all reasonable costs associated with collection of unpaid balances, including attorney's fees where permitted by law.

5. Right to Suspend Work

Contractor reserves the right to suspend work if scheduled payments are not received as agreed. Project timelines shall automatically extend by the duration of any payment-related delay.

6. Permits and HOA Approval

Unless specifically stated otherwise in writing, the Customer is responsible for obtaining any required Homeowners Association approvals prior to construction. Contractor shall obtain applicable building permits only if specifically included within the proposal.

Any delays caused by permitting agencies or HOA approval processes shall not be considered Contractor delays.

7. Utility Locates

Contractor will request public utility locates before excavation as required by applicable law.

Customer acknowledges that private utilities—including but not limited to sprinkler systems, invisible dog fences, landscape lighting, private electrical wiring, septic systems, drainage lines, internet cables, and water lines—are not marked by public utility locating services.

Customer assumes responsibility for identifying and marking all private underground improvements before construction begins. Contractor shall not be liable for damage to unmarked private utilities.

8. Property Lines

Customer warrants that all property boundaries have been accurately identified.

Contractor is not responsible for determining legal property boundaries or surveying the property unless specifically included in writing.

Should a survey become necessary after work has begun, additional costs and schedule adjustments may apply.

9. Existing Conditions

Customer understands that concealed conditions may exist beneath the surface, including but not limited to:

• Rock

• Concrete

• Tree roots

• Buried debris

• Old fence footings

• Utility conflicts

• Poor soil conditions

If unforeseen site conditions require additional labor, equipment, or materials, Contractor will notify Customer before proceeding. Such work shall be billed as additional work.

10. Weather Delays

Construction schedules are estimates only.

Rain, snow, excessive heat, frozen ground, severe weather, material shortages, equipment failures, labor availability, or circumstances beyond Contractor's reasonable control may delay the project without penalty.

11. Material Availability

If specified materials become unavailable or discontinued, Contractor may substitute materials of comparable quality after consulting with Customer.

12. Color and Natural Materials

Wood is a natural product.

Variations in grain, knots, texture, color, moisture content, checking, twisting, shrinking, expansion, and minor warping are normal characteristics and shall not be considered defects.

Likewise, powder-coated metal, vinyl, composite, and aluminum products may vary slightly between manufacturing batches.

13. Concrete

Concrete used for fence posts requires curing time.

Fence posts may exhibit slight movement during curing. Minor surface cracking, shrinkage, or cosmetic imperfections are normal and do not affect structural integrity. The contractor will nota be liable.

14. Gates

Gate operation depends upon soil conditions, seasonal movement, settling, and surrounding structures.

Minor adjustments are considered normal maintenance and may be required after installation.

15. Customer Responsibilities

Customer agrees to:

• Provide reasonable site access.

• Remove personal belongings from the work area.

• Keep children and pets away from construction.

• Ensure private lines are identified.

• Provide access to electricity or water if required.

16. Damage to Landscaping

Contractor will exercise reasonable care to minimize disturbance.

However, with this being a construction project, equipment may cause unavoidable damage to:

• Grass

• Landscaping

• Flower beds

• Irrigation systems

• Driveways

• Sidewalk edges

• Existing fencing

Unless specifically included in the proposal, restoration is not included. The Contractor will not be liable.

17. Cleanup

Contractor shall remove normal construction debris upon completion.

Fine grading, reseeding, landscaping, pressure washing, and final cosmetic restoration are not included unless specifically listed.

18. Warranty

Contractor warrants installation under a craftsmanship warranty for one (1) year from the date of substantial completion unless otherwise stated. This warranty only comes into play when fault falls upon failure to properly install.

Manufacturer warranties on materials shall remain the responsibility of the manufacturer.

This warranty does not cover the listed but not limited to:

• Weather Conditions 

• Wind damage

• Flooding

• Vehicle impacts

• Vandalism

• Improper use

• Failure caused by customer modifications

• Ground movement

• Normal aging

• Lack of maintenance

19. Limitation of Liability

Contractor's total liability shall not exceed the total amount actually paid under this Agreement.

Under no circumstances shall Contractor be liable for incidental, indirect, special, or consequential damages, including lost profits or loss of property use.

20. Cancellation

Any cancellation after materials have been ordered or work has begun shall require payment for all completed work, specially ordered materials, mobilization costs, and any non-refundable expenses incurred by Contractor. Contractor has the discretion of charging a 20% cancellation fee on top of the listed expenses above. 

21. Photographs

Customer grants Contractor permission to photograph completed work for quality documentation and marketing purposes, provided no personal identifying information or address is disclosed without permission.

22. Dispute Resolution

The parties agree to first attempt to resolve disputes through good-faith negotiation.

If resolution cannot be reached, disputes shall be resolved in the courts located within the State of Tennessee unless otherwise required by applicable law.

23. Force Majeure

Contractor shall not be liable for delays or failure to perform caused by events beyond reasonable control, including severe weather, natural disasters, strikes, supply chain disruptions, governmental actions, pandemics, or similar events.

24. Acceptance

By signing any reference to this Agreement, Customer acknowledges they have read, understood, and accepted these Terms and Conditions in their entirety.