Estimate/Budget/Proposal - Terms and Conditions

All estimates/budgets and proposals are based upon the following terms, unless otherwise noted in writing:

  1. It is valid for 30 days from the date of issuance and or accepted by Heights Enterprises. It may not be used for any other purpose than a basis for entering into a contract with Heights Enterprises (HE).
    • If the estimate is used for the purposes of securing consent of another to act in a way that would benefit the person(s) (beneficiaries) to whom the estimate was issued, then the beneficiaries shall be obligated for the full amount estimated regardless of whether the work is performed by Heights Enterprises on not.
    • Itemized costs for tasks are for informational purposes only. Unless otherwise stated, the single or disaggregate task cost for any individual itemized line item would be substantially higher.
    • Unless otherwise noted all work 30 days after the date of the estimate is on the current time and materials rates. Time is clocked in half hour increments and materials (and sub-contract) is at actual cost plus a 20%.
  2. It is only valid for work that is visible at the time of the estimate. Like your auto mechanic it is often impossible to diagnose all problems before the hood is opened. Often old homes have had a series of repairs/modifications over the years that are impossible to detect or ascertain before work has begin.
    • Since most of the properties in HE's primary trading area are fifty plus years old, and have aged in various ways. Often these homes face issues with level, flat, plumb, and straight structural components.
  3. It is subject to the the terms of our Boilerplate Contractor Agreement, unless otherwise stipulated in writing.
  4. HE will work cooperatively with the client to transport materials to the job site provided the materials are from local sources. Local sources is de fined as businesses within 3 miles of the work area.
    • Materials to be delivered by HE sourced outside the "Local" area shall be subject to additional time and mileage charges.
    • If the materials are acquired by the client, the estimate assumes all materials will be available when needed by HE. HE assumes NO responsibilities for delays or costs resulting from supplier delays, product incompatibility or failure to order adequate materials to complete the tasks.
  5. It assumes we will have unfettered access to the work areas by the owners. The details can be worked out in advance, but in many cases the work areas may not be habitable while the work is being performed.
    • In the event the owner denies access to work areas or impedes progress to the extent that further work is impossible for a period of 24 hours without the consent of Heights Enterprises, all work shall be deemed complete and satisfactory in every way and all bills shall be due immediately.
    • It assumes the state and condition of the premises and work remain unchanged through completion. Changes in occupancy, utilities, access or working conditions or to the tasks itself may result in additional time and or materials charges.
    • In the event work is to be performed by the customer or others as part of or prep for the project, we cannot be responsible for delays caused by others, a failure to complete their tasks or improperly completed or incompatible tasks.
  6. Heights Enterprises maintains a rigorous schedule of commitments. Therefore there is not a one to one relationship between delays not originally caused by Heights Enterprises and their consequences. Delays are reprioritized based upon other commitments and available time. Every effort is made to insure projects get done as efficiently as possible, but we cannot be repsonsible for the consequences of others actions.
  7. If pre-1978 paint is likely to be disturbed, it is required residents read and follow the advise proved by the E.P.A.
  8. Unless otherwise noted, it assumes standard materials and methods. Special requests for the use of specific materials (e.g. low odor paint) or special techniques (e.g. low particulate creation) are available at additional costs. Some representative standards include:
    • Paint - Benjamin Moore Super Spec Branded Paints
    • Plaster & Dry walling - Standard 1/2" "white board" drywall and standard plaster/joint compound unless otherwise stated - Low(er) dust techniques available
      • Plaster work is inherently messy and creates dust that billows and is difficult to limit to the work area. HE will clean the immediate work area, but owner should expect dust elsewhere through out the property and is responsible for clean up when the time is right.
      • Integrating new plaster/dry wall with old plaster/dry wall is an imperfect science often involving efforts to blend multiple textures, surfaces and planes in an attempt to make the integration look seamless. All work is done on a best efforts basis only.
    • Tiling
      • Floor 12" x 12" tile laid square to walls, Oak or standard stone transitions from tile to non-tile flooring
        • Floor tiling also assumes all appliances (e.g. refrigerators, radiators and other impediments to completion) are removed before work has begun
      • Walls 4" x 4" tile laid square to walls.
    • Casing - Standard MDF or pine products unless otherwise stated.
    • Debris disposition - Bagged in a manner acceptable for municipal garbage pick up and carried outside to an appropriate on property location unless otherwise stated
    • Finish clean up- Broom clean up, vacuumed floors in work area only

Payment terms - unless otherwise modified in writing:

  • For projects or tasks that do not require more than a single calendar day to complete, payment is due upon completion.
  • For projects, which in the sole opion of Heights Enterprises, cannot be completed within one calendar day or require substantial cash outlay
    • 50% upon commencement of work - 40% if a Commitment fee was taken and not refunded
      • HE reserves the right to bill for labor earned and materials (acquired or in advance of purchase) at periodic intervals at its sole discretion if the project deliverables deviate significantly from the original estimate or budget. .
    • 10% (Commitment Fee) upon acceptance, if work is not contemplated to commence within 3 business days. The Commitment Fee performs two functions, it schedules agreed upon dates upon which HE will commence work and HE will schedule sufficient generally contiguous dates to complete the work in a timely and workman like fashion.
      • The Commitment Fee is refundable, if HE is unable to start work within 5 business days of the scheduled date AND fails to notify the Owner at least 24 hours in advance. This does not include delays beyond the control of HE such as weather, availability of materials or other resources, etc.
      • The Commitment Fee shall be non-refundable if the premises where the project is primarily intended is not ready/accessible upon the day scheduled - or such date as mutually agreed by both parties. Or if upon the date of commencement of work, the owner does not advance 40%/50% due.
      • HE will not schedule dates or blocks of time on projects over a single day without a Commitment Fee. It will queue start dates without a Commitment Fee but it will not block out contiguous dates - due to the risk of cancellation.
    • The unpaid balance, plus any time or materials not included in the estimate is due upon completion.
      • If HE is performing ALL of the work stipulated in a governmental inspection (e.g. a point of sale inspection), payment will be due upon the issuance of a certificate of compliance or equivalent.
      • If HE is only performing selected violations stipulated in a government inspection, regular terms apply unless otherwise stipulated in writing.
    • Progress payments may be arranged for larger projects.

    Payment is expected as outlined above or contracted in writing. Payments that are delayed face the following:

    • HE reserves their right to halt work until paid on any project that progress payments are not made as expected.
    • Late payments of any kind are subject to the larger of either $100 or 5% of the unpaid balance as a one time late fee per project AND 2% interest on the unpaid balance compounded daily.
    • HE will refuse to undertake any additional work for accounts not fully paid as agreed.

    Pricing terms - unless otherwise modified in writing apply to Add-on work and or Time & Materials agreements:

    • Labor will be priced at Heights Enterprises prevailing labor price for work performed.
      • Advances or deposits shall be applied toward labor cost first retro-actively
    • Materials and sub-contract acquired shall be subject to a mark up
      • Materials and sub-contract work purchased directly by Heights Enterprises shall be subject to a mark up of not less than 25%
      • All Materials used regardless of who acquires it must be approved by Heights Enterprises for suitability of purpose and conformation with roject goals and requirements
      • Materials and sub-contract work acquired by the customer directly will be subject to a handling/delivery fee if Heights Enterprises has to deliver it to the job site