Verbal or written estimates are not an acceptance to perform the work
Before requesting a quote, please disclose everything you require for the project including when you want it started, the time allowed for completion, if you expect the crew onsite every day, safety reports, the number of additional insureds or endorsements, submittal requirements, Insurance limits or OSIP, safety training requirements including duration of time, drug testing, enrollments, tolerances, specialized equipment required, is water onsite or water trucks needed, daily cleanup, restroom access, parking fees, portable washout areas, hours we can work, etc.
We charge extra for all of these things and will make a difference if we are willing to provide a quote or services for you. Anything required but not disclosed will be taken into consideration against you and may invalidate the bid, agreement, or contract.
We will not quote or perform work on Tribal Land without a waiver of Sovereign Immunity directly from the tribe and GC and may require 100% payment before work can begin
We may require proof of funds, credit checks, letters of credit, or money deposited into an escrow account for some projects or new customers before work starts or mobilizing onsite
New accounts will not be given payment terms
Final payment is due when work is reported complete by Oso Concrete
Retention of payments is not accepted for any reason
Change orders must be paid in advance of the work being started unless we agree to bill for time and materials or unforeseen issues. Time and material change orders require a credit card on file with a signed waiver of chargeback clause. American Express Cards are not accepted
We require a 20% to 100% deposit/pre-payment to get you on the schedule by check or wire transfer
Concrete takes approximately 28 days to fully cure and we recommend not driving or building on it during the drying period as it will void any warranty or callbacks. This is especially important for any concrete work with embedded anchor bolts, grade beams, or wall footings
Interest will accrue on any unpaid balance of 18% per month. The customer agrees to pay all attorney’s fees and collection costs. The laws of Maricopa County govern all agreements. All unresolved issues will be resolved in court with the prevailing party paying all legal fees. Interest is no excuse for nonpayment
We rarely sign “subcontract” agreements because they are one-sided in favor of the GC and do nothing to protect our investment in your project
We’re a Commercial Concrete Contractor. A “Sub Contractor” is basically an employee you control. Contracts should refer to us as a “Concrete Contractor”
We require the customer to sign our contract or add our terms to every agreement
If you do require a “sub-contract agreement” it should be renamed to “concrete contractor agreement” but this will delay your ability to get an accurate quote or acceptance to do the work. Here are some things we will not accept:
- A commitment to perform the work before the contracts are signed and the full payment or deposit is made
- Pay When Paid
- Any jurisdiction except Maricopa County
- Arbitration
- Indemnification or Hold Harmless Clauses
- Waiving our rights to a claim
- Excessive control over the schedule
- Penalties
- Short Notice times
- The ability to cancel the contract
- The ability to take over work or assign it to others
- Owner Control
- Starting or Mobilizing a project before the deposit or full payment is received
- Starting a project until blue staking is complete
- Responsibility for underground utilities not marked or managed by Arizona 811 dig
- Extended Payment Terms
- Financing
- Waiver of Subrogation
- Holding us accountable for flood damage or damage caused by others
- Responsibility for Vandalism or theft
- Controlling the cost of change orders
- Language requiring us to “protect work”
All “sub-contracts” need to be reviewed by our legal team at a rate of $50 per page. This must be paid in advance of our review of the document(s). Please allow 30 to 45 days for the legal review of the submitted documents
Please understand that we will read every word and probably cross out most of your document if it contains any language described above or one-sided language.
