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Messinger’s Hardscape, Inc.

365 State Route 46

Bucksport, ME 04416

(207) 852-8363 | info@messingershardscape.com

1. ACCEPTANCE OF TERMS

By approving a proposal, signing a contract, authorizing work verbally or electronically, or permitting work to commence, the Client agrees to be bound by these Terms and Conditions. These Terms constitute a binding agreement between the Client and Messinger’s Hardscape, Inc. (“Contractor”).

2. SCOPE OF WORK

Work shall be performed strictly in accordance with the written proposal or estimate provided. Any services, materials, labor, equipment, or changes not explicitly included in the approved scope constitute a Change Order and may result in additional charges.

3. ESTIMATES AND PRICING

All estimates are based on visible and reasonably accessible site conditions at the time of inspection. Contractor is not responsible for concealed conditions including, but not limited to: ledge, buried debris, utilities, unsuitable soils, drainage issues, frost heaves, or undocumented structures. Discovery of such conditions may require additional labor, materials, or equipment and will be billed accordingly.

Unless otherwise stated, prices are valid for 30 days from the date of issue.

4. PAYMENT TERMS

Payment terms are as stated in the proposal or invoice.
Deposits, if required, must be paid prior to scheduling.
Final payment is due upon completion unless otherwise agreed in writing.
Past-due balances may accrue interest at 1.5% per month (18% annually).
Client is responsible for all costs of collection, including reasonable attorney’s fees.

Contractor reserves the right to suspend or terminate work for non-payment.

5. CHANGE ORDERS

Any modification to the scope, materials, quantities, design, or schedule must be approved as a Change Order. Change Orders may be authorized verbally, electronically, or in writing and shall be billed at Contractor’s prevailing rates.

6. SCHEDULING AND DELAYS

Start dates and completion timelines are estimates only and are subject to weather conditions, material availability, subcontractor performance, site access, and other factors beyond Contractor’s control. Contractor shall not be liable for delays caused by such conditions.

7. SITE ACCESS AND CLIENT RESPONSIBILITIES

Client agrees to provide safe and unobstructed access to the work area, including access for trucks, trailers, and equipment. Client is responsible for:

Locating and marking private utilities, irrigation, septic systems, wells, and underground features
Securing pets
Removing personal property from work areas

Contractor is not responsible for damage to unmarked or unknown underground items.

8. PROPERTY DAMAGE AND SURFACE CONDITIONS

Contractor will take reasonable care during operations; however, Client acknowledges that construction and landscape work may result in incidental disturbance to lawns, driveways, walkways, curbing, or surrounding areas. Restoration beyond what is specifically included in the scope of work is not included unless stated.

9. WARRANTIES

Contractor warrants that work will be performed in a professional and workmanlike manner.

Natural materials and site conditions are subject to movement, settlement, cracking, drainage changes, frost, and weather effects. Contractor does not warrant against:

Soil movement or settlement
Freeze/thaw damage
Drainage changes caused by natural conditions
Acts of God

Manufacturer warranties apply where applicable and are passed through to the Client.

10. SAFETY AND LIABILITY

Client acknowledges that construction sites are inherently hazardous. Client agrees to keep all persons not involved in the work away from the job site. Contractor shall not be liable for injuries to persons who enter the work area without authorization.

11. INDEMNIFICATION & HOLD HARMLESS

Client agrees to indemnify, defend, and hold harmless Messinger’s Hardscape, Inc., its owners, employees, and subcontractors from any claims, damages, losses, or expenses arising out of or related to the work, except to the extent caused by Contractor’s gross negligence or willful misconduct.

12. TERMINATION

Contractor may terminate the agreement for non-payment, unsafe conditions, or breach of contract. Client may terminate the agreement with written notice; however, Client shall be responsible for payment of all work performed, materials ordered, restocking fees, and reasonable overhead costs incurred up to the date of termination.

13. MECHANIC’S LIEN RIGHTS

Contractor reserves all rights under Maine law to file a mechanic’s lien for unpaid labor, materials, or services provided.

14. DISPUTE RESOLUTION

Any dispute arising under this agreement shall be governed by the laws of the State of Maine. Venue shall lie exclusively in the courts of the State of Maine. Contractor may pursue all legal and equitable remedies available.

15. ENTIRE AGREEMENT

These Terms and Conditions, together with the approved proposal or contract, constitute the entire agreement between the parties. No oral representations shall modify this agreement unless confirmed in writing.

16. SEVERABILITY

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect. text here

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Terms and conditions

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