Terms of Service for Lodestar Construction Services
Effective Date: 01/01/2025
1. Introduction
Welcome to Lodestar Construction Services (“Company,” “we,” “us,” or “our”). We specialize in custom building, remodels, and ADUs (Accessory Dwelling Units). These Terms of Service (“Terms”) govern the provision of our general contracting and related services (“Services”) and your (“Client,” “you,” or “your”) relationship with us. By engaging us for Services, you agree to be bound by these Terms.
We operate in Coeur d’Alene, ID and the Tri-Cities, WA region, providing quality craftsmanship and personalized construction solutions. For more information, please visit our website at https://www.lodestarconstruction.com/.
2. Scope of Work
2.1 Project Description
Our work for each project will be detailed in a separate, written proposal or contract (“Project Agreement”). The Project Agreement will include a Scope of Work, timeline, payment schedule, and other relevant specifications.
2.2 Additional Work or Change Orders
Any work outside the agreed-upon Scope of Work or modifications requested after the Project Agreement is signed will require a written change order, which may affect fees and deadlines.
3. Estimates, Fees, and Payment Terms
3.1 Estimates
All cost estimates provided (verbally or in writing) prior to signing a formal Project Agreement are approximate and do not constitute a binding offer. The final pricing and scope will be confirmed in the Project Agreement.
3.2 Deposits and Invoices
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A deposit may be required before we commence work, as specified in the Project Agreement.
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Invoices will be issued according to the payment schedule laid out in the Project Agreement (e.g., monthly, milestone-based, or upon completion).
3.3 Late Payments
Late payments may incur interest or late fees, as outlined in the Project Agreement. We reserve the right to suspend or terminate work if payments are overdue.
4. Client Responsibilities
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Access to Property: You must grant Lodestar Construction Services and any subcontractors or suppliers timely and safe access to the property during normal business hours or at mutually agreed-upon times.
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Permits and Approvals: Unless otherwise stated in the Project Agreement, you are responsible for obtaining necessary permits, licenses, or other governmental approvals required for the project.
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Utilities: Ensure that services such as electricity, water, and other essential utilities are available at the job site, unless otherwise negotiated.
5. Performance and Timeline
5.1 Project Timeline
We will make every reasonable effort to complete the project within the estimated timeframe specified in the Project Agreement. However, unforeseeable circumstances such as extreme weather, supply chain disruptions, or permit delays may lead to reasonable extensions of the project schedule.
5.2 Force Majeure
Lodestar Construction Services shall not be liable for any delays or failure to perform caused by events beyond our reasonable control (e.g., acts of God, natural disasters, pandemics, or labor strikes).
6. Subcontractors and Suppliers
We may engage subcontractors or suppliers to help fulfill our obligations under the Project Agreement. Lodestar Construction Services will oversee all subcontractors and ensure they meet our standards of quality and professionalism.
7. Warranty and Disclaimer
7.1 Workmanship Warranty
We typically provide a limited warranty on workmanship for a specified period after project completion, as stated in the Project Agreement. This warranty covers defects resulting from our own labor or craftsmanship. It does not cover normal wear and tear, misuse, neglect, or unauthorized modifications made by others.
7.2 Third-Party Materials
Materials or products used during the construction process may be subject to manufacturer warranties. Lodestar Construction Services does not offer additional warranties beyond those provided by the manufacturer.
7.3 Disclaimer
With the exception of the limited warranty above, our Services are provided on an “as is” basis. To the fullest extent allowed by law, we disclaim all other warranties, whether express or implied, including any warranty of merchantability or fitness for a particular purpose.
8. Limitation of Liability
To the fullest extent permitted by law, Lodestar Construction Services shall not be liable for any indirect, incidental, consequential, or special damages arising from or related to our Services. In no event will our total liability exceed the amounts paid by you under the Project Agreement in the preceding twelve (12) months.
9. Indemnification
You agree to indemnify, defend, and hold harmless Lodestar Construction Services, its officers, employees, and agents from any and all claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising from your breach of these Terms, negligence, or intentional misconduct.
10. Termination
10.1 Termination by Client
You may terminate the Project Agreement or these Terms by giving written notice to Lodestar Construction Services. You will be responsible for payment of all completed work and any materials or expenses incurred as of the termination date.
10.2 Termination by Contractor
We may terminate our Services if you materially breach these Terms or the Project Agreement. In such cases, you will be responsible for compensating us for all work performed and any committed expenses through the termination date.
11. Governing Law and Dispute Resolution
11.1 Governing Law
These Terms, along with any related Project Agreement, shall be governed by the laws of Idaho and/or Washington, depending on the project’s location and applicable state requirements, without regard to conflicts of law principles.
11.2 Dispute Resolution
Any dispute shall be resolved first by good faith negotiation. If unresolved, it may proceed to binding arbitration per the rules of an agreed-upon arbitration service or through the courts of the relevant jurisdiction if agreed by both parties.
12. Entire Agreement
These Terms, along with the Project Agreement, change orders, and any applicable policies referenced herein, constitute the entire agreement between you and Lodestar Construction Services. They supersede any prior discussions or communications.
13. Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
14. Waiver
A failure or delay by Lodestar Construction Services to enforce any part of these Terms shall not be deemed a waiver of that provision or any other provision.
15. Contact Information
If you have any questions or concerns regarding these Terms or the Services we provide, please contact us:
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Phone (Coeur d’Alene, ID): 208-446-4600
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Phone (Tri-Cities, WA): 509-596-1551