These Terms and Conditions (the “Agreement”) govern every proposal, work authorization, and contract issued by Innovative Building Systems, LLC d/b/a Pipeliner Pros (“Contractor”) for trenchless pipeline inspection, cleaning, repair, rehabilitation, or related services performed at any residential or non-residential property. This Agreement applies uniformly to all project types, including single-family residential, multi-family, commercial, governmental, industrial, and specialized projects.

By signing any Proposal or allowing the Work to commence, the property owner, authorized representative, or contracting entity (“Client”) accepts this Agreement in its entirety. 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

“Affected Pipe”: The specific sewer or drain line segments in which inspection, cleaning, lining, coating, or other services are to be performed.

“Agreement”: This document, the executed Proposal, any Change Orders, the applicable Warranty Certificate (if issued), and all attachments, forming the entire integrated contract.

“Certified Installation Partner”: Any licensed subcontractor, sub-subcontractor, or third-party service provider engaged by Contractor to perform any portion of the Work, who has been verified by Contractor to hold all necessary state and local licenses, insurance, and credentials required under Florida law for the services rendered.

“CIPP”: Cured-In-Place Pipe Lining, a trenchless rehabilitation method using a resin-saturated liner inserted into the existing pipe, expanded, and cured (by heat, steam, or UV light) to form a structural pipe-within-a-pipe.

“Change Order”: A written, signed modification altering Scope, Contract Price, or Schedule after execution of this Agreement.

“Client”: The person, entity, property owner, authorized representative, or contracting party identified in the Proposal as the recipient of services, including heirs, successors, or assigns.

“Contractor”: Pipeliner Pros (Innovative Building Systems, LLC), including its successors, assigns, and Certified Installation Partners.

“Contract Price”: The total amount stated in the Proposal as adjusted by authorized Change Orders.

“Epoxy Coating”: See “SIPP.”

“Project”: The Work to be performed in full at the Property.

“Property”: The real property identified in the Proposal where the Work will be performed, including all buildings, fixtures, and improvements thereon.

“Proposal”: The written scope of work, pricing, and project details provided by Contractor and accepted by Client.

“SIPP”: Spray-In-Place Pipe Lining (also referred to as “Epoxy Coating,” “Epoxy Pipe Lining,” or “Brush-Applied Epoxy”), a trenchless rehabilitation method in which an epoxy resin, polymer, or polyurea coating is applied (by robotic spray head, centrifugal spinner, or manual brush applicator) directly to the interior surface of an existing pipe to seal leaks, prevent corrosion, and extend the service life of the host pipe. Unlike CIPP, SIPP creates a protective barrier coating rather than a structural pipe-within-a-pipe.

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

“Warranty”: The written warranty certificate issued by Contractor for the Work, which sets forth the conditions, exclusions, and claim procedures governing warranty coverage as detailed in this Agreement and the Proposal.

“Work”: All construction, improvements, rehabilitation, and services this Agreement requires, including all labor, materials, equipment, and services to fulfill the Contractor’s obligations.

2. PARTIES & NOTICE INFORMATION

The Contractor is Innovative Building Systems, LLC d/b/a Pipeliner Pros, with a principal mailing address of 3401 N Miami Avenue, Suite 230, Miami, FL 33127.

The Client is the person or entity identified in the Proposal.

All notices required under this Agreement must be in writing and delivered by certified mail, nationally recognized overnight delivery service, or electronic mail to the addresses identified in the Proposal.

3. SCOPE OF WORK & EXCLUSIONS

The Contractor will perform the Work described in the Proposal in a professional, workmanlike manner consistent with industry standards, the Florida Building Code, and all applicable laws.

Unless specifically included in the Proposal, the Contract Price excludes:

• Water damage resulting from cleaning or descaling
• Repair or replacement of fixture waste arms and p-traps
• Exterior lateral piping from the structure to a municipal or septic connection
• Landscape restoration
• Cosmetic repairs (including but not limited to drywall, paint, flooring, cabinets, finishes, walls, ceilings, and any other interior or exterior cosmetic surface)
• Replacement of shower pans
• Site safety, security, or other implied requirements beyond what is explicitly stated in the Proposal
• Any item listed as a Warranty Exclusion
• Any additional work beyond what is explicitly stated in the Proposal

The Client expects and accepts minor collateral damage inherent to interior plumbing work (e.g., small drywall cuts, dust, and noise).

4. CLIENT REPRESENTATIONS & RESPONSIBILITIES

The Client represents that it has full authority to contract for the Work. The Client shall:

• Provide continuous, unobstructed access to all Work areas and vent stacks.
• Maintain at least ten (10) feet of clear workspace around interior and exterior access points.
• Provide suitable on-site parking for up to four (4) vehicles and equipment.
• Coordinate and notify occupants of any utility shutdowns, ventilation needs, or temporary relocation requirements.
• Refrain from running water or using the drainage system in any manner while it is under repair until the Contractor issues clearance. Unauthorized use may trigger additional fees of up to $3,000 (residential) or $5,000 (non-residential) per event plus additional labor and charges for damaged material and/or equipment to correct installation issues stemming from unauthorized water or drainage system usage.
• Ensure pets, valuables, and personal items are secured.
• Execute and facilitate all necessary documents promptly to avoid causing Project delays.
• Disclose any special safety or access protocols, prevailing wage requirements, or Davis-Bacon requirements prior to signing the Proposal.

5. CERTIFIED INSTALLATION PARTNERS

Contractor reserves the right, at its sole and absolute discretion, to engage one or more Certified Installation Partners (subcontractors or sub-subcontractors) to perform any portion or the entirety of the Work under this Agreement.

All Certified Installation Partners engaged by Contractor have been independently verified to hold the necessary state and local licenses, insurance coverage, and professional credentials required under the laws of the State of Florida for the specific services being rendered. Contractor maintains sole responsibility for vetting, supervising, and overseeing the quality and performance of all Certified Installation Partners.

Under no circumstances may the Client cancel, refuse, delay, or withhold acceptance of any portion of the Work, nor demand a reduction in the Contract Price, on the basis that a Certified Installation Partner has been assigned to perform any part of the Project. The Client acknowledges and agrees that:

• Contractor’s use of Certified Installation Partners is a standard and accepted practice in the construction and pipeline rehabilitation industry.
• The Client’s contract and warranty obligations are with Contractor (Pipeliner Pros), not with any individual Certified Installation Partner.
• All warranties, guarantees, and performance standards set forth in this Agreement remain fully effective regardless of whether Work is performed by Contractor’s own employees or by Certified Installation Partners.
• Any attempt by the Client to cancel or refuse service based on the use of a Certified Installation Partner shall constitute a material breach of this Agreement, and the Client shall remain liable for the full Contract Price plus any applicable damages, fees, and costs incurred by Contractor.

Contractor shall remain fully responsible for the supervision, quality, and compliance of all Certified Installation Partner performance under this Agreement.

6. PROPERTY ACCESS & SPECIAL WAIVERS

Client acknowledges that roof access may be required to reach vent piping. Contractor will exercise reasonable care but cannot guarantee zero damage to any surface.

6.1 Roof Waiver

Due to the fragile nature of roofs, Client releases the Contractor from liability for scratched, cracked, broken, or displaced tiles or shingles resulting from roof access. For metal roofs, Client additionally releases the Contractor from liability for dents, bends, creases, punctures, scuffs, loosened fasteners, or any other deformation or cosmetic damage to metal panels, standing seams, or associated flashing caused by foot traffic, equipment placement, or tool use during roof access. Client is responsible for any and all roof repairs regardless of roof type or material.

6.2 Solar Panel Waiver

Client releases Contractor from liability for physical, electrical, or performance damage to or caused by any Solar Panel System during roof access. Client assumes all repair or recalibration costs.

6.3 Paver Waiver

If any pipe segment exits into an area where pavers are present, Contractor is not responsible for any damaged or broken pavers in the effort to access the drainage piping. Pipeliner Pros highly recommends the Client hire a paver company to remove the pavers prior to the commencement of Work and restore the pavers once the pipe rehabilitation is completed.

6.4 Unoccupied Property

If the Property will be unoccupied during the Work, Client grants Contractor permission to enter during Pipeliner Pros standard project hours, which are generally Monday through Friday from 8:00 AM to 8:00 PM, solely to complete the Work and releases Contractor from liability for ordinary activities performed in good faith.

6.5 Access, Restoration & Risk

Client 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.

7. CONTRACT PRICE & PAYMENT

Unless otherwise stated in the Proposal, fifty percent (50%) of the Contract Price is due upon execution and the balance is due immediately upon substantial completion.

For non-residential projects: All invoices carry NET 15 terms. A two percent (2%) discount will be applied to any invoice paid within ten (10) days of the invoice date. Progress payments are required on long-duration projects that extend beyond a single calendar month. Paper checks require written approval and overnight courier.

Balances unpaid more than thirty (30) days after the due date accrue interest at three and one-half percent (3.5%) per month. Contractor may suspend Work or withhold warranty service for non-payment.

Contractor retains the right to file a construction lien against the Property from commencement of Work until ninety (90) days after substantial completion to secure all amounts due.

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 Client’s expense.

8. CHANGE ORDERS & CREDITS

The Client acknowledges that pipe rehabilitation can expose hidden defects, such as collapsed sections, back-pitch, or inaccessible lines, which are considered unforeseen conditions that cannot be reasonably detected before Work begins.

If unforeseen conditions require Work beyond the original scope, the Contractor will issue a written Change Order detailing the additional cost and schedule impact. A Change Order becomes effective only when signed by both parties. Should the Client decline to sign a recommended Change Order, the Contractor will exclude the Affected Pipe(s) from the scope of Work, and all warranties for those portions will be void.

In that event, or if any unforeseen condition renders a pipe segment non-serviceable, any credit or price adjustment shall be granted, if at all, solely at the Contractor’s discretion based on the time investment in the investigative efforts to determine the feasibility of Work to be completed on the Affected Pipe(s).

Except for a discretionary credit extended under this clause, the Client irrevocably waives all claims, set-offs, or price reductions arising from omissions of work or changes to the original scope caused by unforeseen conditions or the Client’s rejection of a Change Order.

8.1 Change Order & Credit Pricing Index

Unless otherwise stated in the Proposal or a signed Change Order, the following charges apply when required beyond the Proposal’s inclusions:

 

Item	Residential	Non-Residential
Heavy descaling/tuberculation removal (2”–4” pipe)	$145/ft	$175/ft
Heavy descaling/tuberculation removal (6”–8” pipe)	$245/ft	$275/ft
Creation of access points in concrete (up to 4”)	$1,500 each	$2,500 each
Creation of access points in concrete (5”–8”)	$3,000 each	$5,000 each
Trenched point repairs (severe deterioration)	$250/ft	$250/ft
Standby rate for Client-caused delays (Billed in 15 Min Increments)	$395/hr	$895/hr
Additional robotic reinstatement	$295 each	$295 each
Remobilization (Beyond Contractor Control)	$2,500 per event	$5,500 per event
Additional drywall access point	$150 each	$150 each
Additional concrete/hard surface access point	$375 each	$375 each

Any additional required Change Orders outside of the defined pricing index above will be discussed in depth with the assigned project manager for further consideration.

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. SCHEDULE, COMPLETION, & WALK-THROUGH

Contractor anticipates completing the Project within the timeframe stated in the Proposal (or thirty (30) working days after commencement if not specified), subject to force majeure, material delays, Change Orders, and Client delays.

A working day is any weekday on which Contractor can work without external interference.

Upon substantial completion, Contractor will notify Client and request a final walk-through. Items outside the original Scope constitute Change Orders.

10.1 Project Schedule Modifications

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

11. PERMITS & CODE COMPLIANCE

Contractor complies with the Florida Building Code for Rehabilitation of Building Sewers & Building Drains based on the latest edition of Florida Building Code, Plumbing Section 718.1 and Residential Section P3012.1. All applicable permits and inspections will be obtained as required by law.

12. SAFETY & SECURITY COMPLIANCE

Client must disclose any special safety or access protocols prior to signing the Proposal. Any unplanned compliance efforts will be billed additionally. Failure to disclose prevailing wage or Davis-Bacon requirements before execution will result in a $6,500 administrative fee to offset labor rate adjustments, administrative requirements for reporting, processing, and documentation.

13. WARRANTY

The applicable warranty for each Project shall be as stated in the Proposal. Warranty coverage varies by rehabilitation method and project type as summarized below:

 

Rehabilitation Method	Residential Warranty	Non-Residential Warranty
CIPP (Cured-In-Place Pipe Lining)	Limited Lifetime*	Limited Lifetime**
SIPP / Epoxy Coating (Spray-In-Place or Brush-Applied)	Limited Three (3) Years	Limited Three (3) Years

* Residential Lifetime Warranty: Reinstatement fee of $995.00 per missed annual inspection period (max 3 years).

** Non-Residential Lifetime Warranty: Reinstatement fee of $2,995.00 per missed annual inspection period (max 3 years). Not transferable unless expressly agreed to in writing by Contractor.

13.1 Residential CIPP Projects: Limited Lifetime Warranty

Contractor warrants that each Cured-In-Place Pipe (CIPP) liner furnished and installed under this Agreement at a residential property will remain structurally sound and free from material or workmanship defects for as long as the warranted Affected Pipe remains in service at the Property (“Lifetime”).

Mandatory Annual Inspection Plan: For this Lifetime Warranty to remain effective, the Client must contact Pipeliner Pros to schedule an annual inspection of the Affected Property.

(a) Lapse of Inspection Plan: If the Client fails to schedule the mandatory annual inspection, the Lifetime Warranty immediately TERMINATES and retroactively converts to the standard industry warranty of one (1) year 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.

(b) Reinstatement: Should the Client fail to schedule their mandatory annual inspection, a reinstatement fee of $995.00 per missed annual inspection period, not to exceed three (3) years of missed annual inspections, can be paid to restore their warranty rights.

Transferability: The active Lifetime Warranty may be transferred one (1) time within thirty (30) days after title to the Property changes, provided the transferee (a) registers the transfer with Contractor in writing, (b) pays the then-current administrative transfer fee, and (c) assumes and continues the Inspection Plan without lapse. Failure to satisfy any of these requirements voids the warranty.

13.2 Non-Residential CIPP Projects: Limited Lifetime Warranty

Contractor warrants that each Cured-In-Place Pipe (CIPP) liner furnished and installed under this Agreement at a non-residential property will remain structurally sound and free from material or workmanship defects for as long as the warranted Affected Pipe remains in service at the Property (“Lifetime”).

Mandatory Annual Inspection Plan: For this Lifetime Warranty to remain effective, the Client must contact Pipeliner Pros to schedule an annual inspection of the Affected Property.

(a) Lapse of Inspection Plan: If the Client fails to schedule the mandatory annual inspection, the Lifetime Warranty immediately TERMINATES and retroactively converts to the standard industry warranty of one (1) year 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.

(b) Reinstatement: Should the Client fail to schedule their mandatory annual inspection, a reinstatement fee of $2,995.00 per missed annual inspection period, not to exceed three (3) years of missed annual inspections, can be paid to restore their warranty rights.

Transferability: The non-residential CIPP Lifetime Warranty is not transferable unless expressly agreed to in writing by Contractor.

13.3 SIPP / Epoxy Coating: Limited Three-Year Warranty (All Projects)

Contractor warrants that each Spray-In-Place Pipe (SIPP) lining or epoxy coating (whether spray-applied, centrifugally applied, or brush-applied) furnished and installed under this Agreement will remain free from material or workmanship defects for a period of three (3) years from the date of substantial completion (“SIPP Warranty Period”). This three-year maximum warranty applies to all SIPP and epoxy coating installations regardless of project type (residential or non-residential).

Nature of Epoxy Coating: Client acknowledges that SIPP and epoxy coating rehabilitation creates a protective barrier coating on the interior surface of the existing host pipe, which differs materially from CIPP structural lining. Epoxy coatings are subject to different performance characteristics, including but not limited to adhesion variability based on host pipe condition, susceptibility to chemical and thermal degradation, and potential delamination from the host pipe over time. These inherent characteristics of epoxy coating technology are reflected in the reduced warranty duration relative to CIPP.

Scope of SIPP Warranty Coverage: This warranty covers: (i) complete delamination or separation of the epoxy coating from the host pipe due to improper surface preparation or application by Contractor; (ii) pinholes, voids, or holidays in the epoxy coating resulting from Contractor’s workmanship; and (iii) premature coating failure attributable to defective materials supplied by Contractor.

SIPP Warranty Exclusions (in addition to the general exclusions in Section 13.5): This SIPP warranty does not cover: (a) gradual wear, thinning, or erosion of the epoxy coating under normal use conditions; (b) delamination, blistering, or coating failure caused by chemical exposure exceeding normal DWV system parameters (including but not limited to industrial solvents, caustic drain cleaners, or concentrated acids); (c) coating degradation resulting from sustained thermal exposure exceeding the manufacturer’s rated temperature range; (d) coating failure in pipe segments where the host pipe substrate was structurally compromised, excessively corroded, or otherwise unsuitable for epoxy adhesion at the time of application; or (e) cosmetic imperfections, minor surface irregularities, or color variations that do not impair the functional performance of the coating.

Mandatory Inspection: For this SIPP warranty to remain effective, the Client must contact Pipeliner Pros to schedule an annual inspection of the coated piping. Failure to schedule the mandatory annual inspection within any year of the SIPP Warranty Period will void the remaining warranty coverage.

No Lifetime Warranty for SIPP: Notwithstanding any other provision of this Agreement, the Proposal, or any oral or written representation, the maximum warranty period for any SIPP or epoxy coating installation shall not exceed three (3) years from the date of substantial completion. No lifetime, extended, or supplemental warranty is available for SIPP or epoxy coating work.

13.4 Warranty Conditions Precedent (All Projects)

The applicable warranty (whether Lifetime, Five-Year, or Three-Year) becomes effective only after Contractor receives payment in full of the Contract Price and all approved Change Orders.

13.5 Warranty Exclusions (All Projects)

No warranty issued under this Agreement covers:

• Design or pre-existing structural defects in the piping system including backpitch of pipe segments
• Pipe segments not treated by Contractor
• Blockage, failure, or damage from misuse, negligence, or introduction of foreign objects or harsh chemicals
• Acts of God, acts of third parties, vandalism, or events beyond Contractor’s control
• Chemical or thermal exposure outside normal use parameters
• Damage arising from unauthorized repairs, alterations, or connections
• Any other exclusions stated in the Warranty Certificate or the applicable subsection of this Section 13

Client acknowledges that installation of CIPP or SIPP may slightly reduce internal pipe diameter and flow relative to new piping and accepts this trade-off.

13.6 Client Warranty Obligations (All Projects)

Client must (a) operate the drainage system in accordance with industry practice, (b) avoid flushing prohibited items or chemicals, (c) keep clean-out access points unobstructed, and (d) timely schedule each annual inspection under the applicable Inspection Plan. Failure to comply voids the warranty.

13.7 Warranty Claim Procedure (All Projects)

Client must provide written notice of an alleged defect within thirty (30) days of discovery, include proof of purchase, allow Contractor reasonable access for inspection, and refrain from making repairs without Contractor’s written consent. Contractor will determine coverage within thirty (30) days after inspection.

Service Fee for Unfounded Claims: If Contractor’s inspection determines that a reported issue is not covered by the applicable warranty, Client shall pay a standard service fee of $350.00 (residential) or $1,500.00 (non-residential) plus any cleaning charges. Failure to pay within seven (7) days voids the warranty.

Third-Party Diagnostic Cap: Should Client employ a licensed plumber to verify an alleged defect before notifying Contractor, Contractor will reimburse up to $350.00 of that diagnostic cost if the claim is ultimately deemed valid. Any excess amount remains the Client’s responsibility.

13.8 Exclusive Remedy & Disclaimer (All Projects)

If a covered defect is confirmed under the active warranty, Contractor will, at its sole option, (i) repair the liner or coating, (ii) replace the affected section, or (iii) refund the portion of the Contract Price allocable to the defective Work. THESE REMEDIES ARE CLIENT’S SOLE AND EXCLUSIVE REMEDIES.

DISCLAIMER OF OTHER WARRANTIES: EXCEPT FOR THE EXPRESS WARRANTIES IN THIS SECTION, CONTRACTOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

14. ACCEPTANCE OF WORK

All Work will be deemed accepted by the Client 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 provide timely written notice constitutes full and final acceptance.

15. LIMITATION OF LIABILITY

Contractor’s total cumulative liability arising from this Agreement, the Work, or any related claim, whether arising from breach of contract, tort (including negligence), strict liability, or otherwise, shall not exceed the total Contract Price 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.

16. ASSIGNMENT

Contractor may assign this Agreement, in whole or in part, to any qualified contractor without further consent from Client. The assignee shall assume all rights and obligations hereunder, and Contractor shall have no liability for the assignee’s acts or omissions occurring after the effective date of assignment. Client may not assign this Agreement, voluntarily or by operation of law, without Contractor’s prior written consent.

17. INDEMNIFICATION

Client agrees to defend, indemnify, and hold harmless Contractor, its officers, employees, Certified Installation Partners, and subcontractors from and against all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from: (i) Client’s breach of this Agreement, negligence, or willful misconduct; (ii) claims from third parties or occupants unrelated to Contractor’s scope; (iii) pre-existing site conditions not disclosed prior to Project commencement; or (iv) Client’s failure to comply with applicable laws.

18. FORCE MAJEURE

Contractor shall not be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure arises from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, severe weather, fire, flood, accident, labor disputes, strikes, civil unrest, war, acts of terrorism, pandemic-related delays, utility failures, supply chain disruptions, or delays in delivery of materials from suppliers. In the event any such circumstances arise, the Project schedule shall be reasonably extended to account for the duration of the delay.

Furthermore, if significant increases in raw material costs occur prior to the commencement of Work due to global events, financial instability, or other factors beyond Contractor’s control, the Contractor reserves the right to revisit and renegotiate contract pricing in good faith to reflect current market conditions. Should a mutual agreement on revised pricing not be reached, either party may elect to terminate the Agreement without penalty.

19. 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.

20. DEFAULT & TERMINATION

Client is in default if it fails to provide access, fails to make required payments, or breaches any material provision of this Agreement. After seven (7) days written notice and opportunity to cure, Contractor may suspend Work, terminate the Agreement, and pursue all legal remedies. Work and warranties are suspended during any default.

21. LIEN RIGHTS; STATUTORY NOTICE

Contractor reserves and Client 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.

22. DISPUTE RESOLUTION

As a condition precedent to litigation or arbitration, the parties shall engage in good-faith mediation in Miami-Dade County, Florida.

Arbitration: Any dispute not resolved in mediation shall be submitted to binding arbitration under the American Arbitration Association Construction Rules in Miami-Dade County. The award may be entered in any court of competent jurisdiction.

Venue: The exclusive venue for any litigation or arbitration is Miami-Dade County, Florida. Florida law governs this Agreement.

23. RIGHT OF RESCISSION (Residential Projects Only)

For residential projects, Client may cancel the Agreement within seventy-two (72) hours of execution without penalty. Cancellation thereafter obligates Client to pay fifty percent (50%) of the Contract Price as liquidated damages.

24. OCCUPANT SENSITIVITY DISCLAIMER

Client acknowledges that trenchless rehabilitation using CIPP or SIPP may release odors or fumes during installation and curing. It is the Client’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.

25. PHOTO & VIDEO CONSENT

Client consents to Contractor using images or video of the Project site for documentation, quality assurance, training, and promotional purposes, including but not limited to website content, social media, marketing materials, and case studies. All proprietary techniques and processes depicted remain the intellectual property of Contractor.

26. ELECTRONIC SIGNATURES

Signatures executed via DocuSign, PDF, or other digital methods are legally binding under the Florida Uniform Electronic Transaction Act and the federal ESIGN Act.

27. ATTORNEY’S FEES

The substantially prevailing party in any action or arbitration arising from this Agreement is entitled to recover reasonable attorneys’ fees and costs from the non-prevailing party.

28. SEVERABILITY

If any provision of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

29. ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the parties, superseding all prior agreements, representations, and negotiations. Amendments must be in writing and signed by both parties.

IN WITNESS WHEREOF

By signing the Proposal, the Client agrees that the terms and conditions above have been reviewed and accepted by both parties and that these terms govern the relationship between the Client and Contractor. For residential projects, the Client shall have seventy-two (72) hours to rescind their signature on the Proposal, after which this Agreement shall be binding upon the Client. For non-residential projects, this Agreement is binding upon execution of the Proposal.