Contract Terms for Commercial, Government, Industrial, Multi-Unit, and Specialized Projects

Contract Terms: Updated on July 25, 2025

Innovative Building Systems, LLC d/b/a Pipeliner Pros

3401 N Miami Avenue, Suite 230, Miami, Florida 33127

888-804-7767

Florida Licenses: CGC1534503 | CFC1432286 | CUC1226097

These Terms and Conditions (“Terms”) are incorporated into and govern the Proposal issued by Innovative Building Systems, LLC d/b/a Pipeliner Pros (“Contractor” or “Pipeliner Pros”) to the undersigned entity (“Owner”) and shall become binding upon the Owner’s acceptance of the Proposal. Collectively, the Proposal, any authorized Change Orders, and these Terms shall constitute the “Agreement.” These Terms are governed by and enforceable under the laws of the State of Florida.

1. DEFINITIONS

Agreement: The complete contract between the Owner and Contractor, including the Proposal, these Terms, and any Change Orders.

Owner: The entity identified in the Proposal as the recipient of services.

Contractor / Pipeliner Pros: Innovative Building Systems, LLC d/b/a Pipeliner Pros.

Project: The work described in the Proposal, including all services, materials, equipment, and deliverables.

Scope of Work: The specific activities, tasks, and responsibilities detailed in the Proposal.

Change Order: A written and mutually signed agreement modifying the Scope of Work, schedule, or cost.

Site: The physical property where the Project is to be performed.

CIPP: Cured-In-Place Pipelining, a trenchless rehabilitation method using a resin-saturated liner cured within the existing pipe.

SIPP: Spray-In-Place Pipelining, a trenchless rehabilitation method using a sprayed epoxy resin or polymer to form a new pipe wall inside the existing host pipe.

Warranty: The limited 5-year workmanship and materials guarantee described in Section 2.

2. WARRANTY

Contractor warrants that each SIPP or CIPP rehabilitated pipe segment installed under this Agreement will remain structurally sound and free from material or workmanship defects for a period of five (5) years from the date of installation.

Mandatory Annual Inspection: To maintain the Warranty, Owner must contact Contractor to schedule and complete an annual inspection of the rehabilitated pipe segments.

(a) Lapse of Inspection Plan: If Owner fails to schedule and complete an annual inspection, the Warranty immediately TERMINATES and retroactively converts to a one (1) year limited warranty for labor and materials, measured from the original date of substantial completion. No further warranty claims will be accepted after that one (1) year period expires.

Conditions Precedent: The Warranty becomes effective only after: (i) Contractor receives full payment of the Contract Price and all approved Change Orders.

Exclusions: This Warranty does not cover: (a) pre-existing structural defects or poor design, including back-pitched pipe segments; (b) pipe segments not treated by Contractor; (c) misuse, negligence, or introduction of foreign objects or harsh chemicals; (d) damage caused by third parties, acts of God, vandalism, or other uncontrollable events; (e) chemical or thermal exposure beyond normal commercial or residential use; (f) damage resulting from unauthorized alterations or repairs; or (g) any other exclusions listed in the official Warranty Certificate. Owner acknowledges and accepts that installation may slightly reduce internal diameter and flow.

Owner Obligations: Owner must: (a) operate the system in accordance with industry best practices; (b) avoid flushing prohibited items or chemicals; (c) keep all clean-outs accessible and unobstructed; (d) schedule each annual inspection on time. Failure to meet these obligations voids the Warranty.

Claim Procedure: Owner must notify Contractor in writing within thirty (30) days of discovering a potential defect, include proof of purchase, allow reasonable access for inspection, and refrain from performing repairs without written approval. Contractor will determine coverage within thirty (30) days of inspection.

Service Fee for Unfounded Claims: If the reported issue is not covered under Warranty, Owner must pay a $350.00 service fee plus any cleaning charges. Failure to pay within seven (7) days voids the Warranty.

Exclusive Remedy: If a covered defect is confirmed, Contractor will either (i) repair the liner or coating, (ii) replace the affected section, or (iii) refund the Contract Price attributable to the defective Work.

THESE ARE THE OWNER’S EXCLUSIVE REMEDIES.

Disclaimer of Other Warranties: EXCEPT FOR THE EXPRESS WARRANTIES ABOVE, CONTRACTOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

3. PROJECT SCHEDULE MODIFICATIONS

Rescheduling within five (5) business days of mobilization may incur a rescheduling fee of up to 5% of project total, depending on the circumstances of the rescheduling request.

4. ACCESS, RESTORATION & RISK

Owner must ensure clear access to the Site, including utility access, elevator use, and staging areas. Contractor is not responsible for damage to fragile or pre-existing conditions unless caused by its negligence. Contractor will not be liable for pipe failures during cleaning or lining of structurally compromised lines.

Disclaimers:

– Additional access points may be required depending on pipe condition. A fee of $150.00 per additional drywall access point will apply. A fee of $375.00 per additional concrete/hard surface access point will apply.

– Additional robotic reinstatements may be required if not identified during the condition assessment phase. A fee of $275.00 per additional robotic reinstatement will apply.

– No cosmetic repairs or finishes are included, including but not limited to walls, floors, ceilings, and any other interior or exterior cosmetic surface.

– No replacement, repair, or rehabilitation of P-traps or waste arms is included.

– No site safety, security, or other implied requirements are provided beyond what is explicitly stated in the Scope of Work Summary.

– No additional work beyond what is explicitly stated in the Scope of Work Summary will be performed.

5. SITE PROVISIONS & STANDBY RATE

Owner shall provide adequate space for up to four (4) vehicles. Standby charges of $495/hour will apply after the first hour of delay due to Owner-related conditions, billed in 30-minute increments. Owner-related conditions are defined as any delay or disruption not caused by the Contractor. These may include, but are not limited to: elevator access limitations, parking restrictions, lack of site access or security clearance, or any other site or project variable outside the control of the Contractor that causes delay or disruption to the Project.

6. CHANGE ORDERS

Changes to the Scope of Work require written approval. Contractor is not responsible for hidden or latent conditions. Verbal agreements are not binding.

7. SAFETY & SECURITY COMPLIANCE

Owner must disclose any special safety or access protocols prior to signing. Any unplanned compliance efforts will be billed additionally.

8. CERTIFIED PAYROLL

Failure to disclose prevailing wage or Davis-Bacon requirements before execution will result in a $6,500 administrative fee. This fee is used to offset labor rates for Field Technicians to comply with previously unidentified wage requirements, along with the administrative requirements for reporting, processing, and documentation.

9. MATERIAL SURCHARGES

If the cost of materials increases by more than five percent (5%) from the date of proposal execution to the date of procurement, Contractor reserves the right to issue a Change Order to cover the increase.

10. PAYMENT TERMS

25% deposit due upon signing. All Project invoices carry NET 30 terms. Late balances accrue 3.5% monthly. Progress payments are required on long-duration projects that extend beyond a single calendar month. A 2% discount will be applied to any invoice paid within ten (10) days of the invoice date. Paper checks require written approval and overnight courier.

11. DISPUTE RESOLUTION

All disputes are subject to mediation before litigation. Exclusive venue is Miami-Dade County, Florida.

12. ENTIRE AGREEMENT

This Agreement supersedes all prior communications. No modifications are valid unless written and signed.

13. ELECTRONIC SIGNATURES

Signatures via DocuSign, PDF, or other digital methods are legally binding.

14. PHOTO & VIDEO CONSENT

Owner consents to Contractor using images or video of the Project site for documentation and promotional purposes.

15. LIEN RIGHTS; STATUTORY NOTICE

Contractor reserves and Owner acknowledges Contractor’s right to record a construction lien if payment is not made as required by law.

NOTICE REQUIRED BY FLORIDA CONSTRUCTION LIEN LAW FLORIDA STATUTE § 713.015:

ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY.

THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER.” FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.

16. FORCE MAJEURE

Contractor shall not be liable for delays or failure in performance caused by events beyond its reasonable control, including but not limited to acts of God, severe weather, natural disasters, strikes, material shortages, pandemic-related delays, utility failures, civil disturbances, or governmental actions. Project schedules will be reasonably adjusted, and Contractor will not be deemed in breach for such delays.

17. OCCUPANT SENSITIVITY DISCLAIMER

Owner acknowledges that trenchless rehabilitation using CIPP or SIPP may release odors or fumes during installation and curing. It is the Owner’s responsibility to notify tenants, employees, or occupants and to coordinate access, ventilation, or temporary relocation as needed. Contractor is not responsible for complaints, sensitivity reactions, or claims related to odor exposure.

18. LIMITATION OF LIABILITY

Contractor’s total liability under this Agreement, whether arising from breach of contract, tort (including negligence), strict liability, or otherwise, shall not exceed the total amount paid to Contractor under this Agreement. In no event shall Contractor be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, business interruption, or diminution of value.

19. INDEMNIFICATION

Owner agrees to defend, indemnify, and hold harmless Contractor, its officers, employees, and subcontractors from and against all claims, liabilities, damages, and expenses (including reasonable attorney’s fees) arising from: (i) Owner’s negligence, breach of contract, or failure to comply with applicable laws; (ii) claims from third parties or occupants unrelated to Contractor’s scope; or (iii) pre-existing site conditions not disclosed prior to project commencement.

20. UNKNOWN SITE CONDITIONS

Contractor shall not be responsible for concealed, subsurface, or latent conditions including but not limited to collapsed lines, undocumented utilities, asbestos, contaminated soils, or groundwater. Discovery of such conditions will necessitate a Change Order to cover delays, redesign, or additional work.

21. SUSPENSION OF WORK FOR NON-PAYMENT

Contractor reserves the right to suspend work without liability if payment is not received in accordance with this Agreement. All remobilization costs and schedule delays resulting from suspension shall be at the Owner’s expense.

22. USE OF SUBCONTRACTORS

Contractor may utilize qualified subcontractors to perform portions of the work. Contractor shall remain fully responsible for the supervision and quality of subcontractor performance.

23. ACCEPTANCE OF WORK

All work will be deemed accepted by the Owner unless written notice of a defect or nonconformance is provided within seven (7) calendar days after completion of the applicable portion of the work. Failure to notify constitutes full acceptance.