Terms of Service

Masonry Contractors of Muncie provides professional masonry services including but not limited to brick installation and repair, stone work, block masonry, chimney restoration, retaining walls, tuckpointing, and hardscape construction. All services are performed in accordance with local building codes, manufacturer specifications, and industry-standard practices.

Our services are limited to the specific scope outlined in your written estimate and project agreement. Any work outside the defined scope requires a separate written amendment and additional pricing approval before proceeding. We reserve the right to decline projects that fall outside our service capabilities or present unreasonable safety or logistical challenges.

All estimates provided by Masonry Contractors of Muncie are valid for thirty (30) days from the date of issue unless otherwise stated. Estimates are non-binding proposals and do not constitute a contract until a signed project agreement is executed by both parties.

Before beginning any work, we will provide you with a detailed written estimate that includes the scope of work, materials to be used, labor costs, timeline, and any optional upgrades or alternatives. Upon your acceptance and signing, this estimate becomes the basis for our service agreement. Any changes to the agreed-upon scope of work must be documented in writing and approved by both parties before work proceeds.

Standard Payment Schedule: Payment is typically due upon completion of the project, unless otherwise agreed in writing. For larger projects exceeding $5,000, we may require a deposit of 25% upon signing the project agreement, with the balance due upon project completion.

Accepted Payment Methods: We accept cash, check, credit card, and bank transfer. A 3% processing fee applies to credit card payments.

Late Payment: If payment is not received within thirty (30) days of invoice date, a late fee of 1.5% per month (18% annually) will be assessed on the outstanding balance. We reserve the right to suspend future services and pursue collection action for unpaid invoices.

Disputes: Any billing disputes must be reported in writing within seven (7) days of receiving an invoice. Failure to dispute within this timeframe constitutes acceptance of the invoice.

Projected timelines provided in estimates are estimates only and are not guaranteed completion dates. Actual project duration may vary based on weather conditions, unforeseen site conditions, material availability, and other factors beyond our reasonable control. We will keep you informed of any anticipated delays and provide revised timelines as soon as practicable.

Work is typically scheduled during daylight hours, Monday through Friday, 8:00 AM to 5:00 PM, unless otherwise agreed. Weekend or after-hours work may be available at an additional premium rate. We will coordinate scheduling with you in advance and make reasonable efforts to minimize disruption to your property and daily activities.

Workmanship Warranty: We warrant that all work performed by Masonry Contractors of Muncie will be executed in a professional and workmanlike manner in accordance with industry standards and applicable building codes. We provide a one (1) year warranty on our workmanship from the date of project completion. This warranty covers defects in installation directly attributable to our work.

Material Warranty: All materials used are warranted by their respective manufacturers. We will provide you with copies of applicable manufacturer warranties. Material defects are the responsibility of the manufacturer, and we will assist in coordinating warranty claims when appropriate.

Warranty Exclusions: The workmanship warranty does not cover damage resulting from weather events, settling of foundations, improper maintenance, unauthorized alterations, or normal wear and tear. It also does not cover issues arising from site conditions or structural problems not visible during the initial estimate.

Warranty Claims: To make a warranty claim, you must notify us in writing within thirty (30) days of discovering the defect. We will inspect the issue and determine whether it is covered under warranty. If covered, we will schedule repairs at no additional labor cost to you.

Pre-Start Cancellations: If you cancel a project before work begins, any deposit paid will be refunded in full, minus any non-recoverable costs incurred in preparation (such as material orders or permits). Cancellation requests must be submitted in writing.

In-Progress Cancellations: If you request cancellation after work has begun, you are responsible for payment of all labor costs incurred to date plus the cost of all materials and supplies delivered to the site. We will make reasonable efforts to minimize additional costs and will provide an itemized accounting of charges.

Scope Modifications: Changes to the project scope during work must be requested in writing and approved by both parties with updated pricing before proceeding. Change orders will be provided detailing the modification, cost adjustment, and any impact to the project timeline.

Site Access and Preparation: You agree to provide safe and reasonable access to the work site. You are responsible for informing us of any underground utilities, hazardous materials, or structural concerns that may affect the project. Failure to disclose known issues may result in additional charges for remediation or delay.

Property Protection: While we take reasonable precautions to protect your property, you acknowledge that construction activities may result in dust, noise, and minor incidental damage. We will make reasonable efforts to minimize impact and will address any significant damage caused directly by our negligence.

Permits and Approvals: You are responsible for obtaining any required permits, HOA approvals, or neighbor notifications unless we have agreed in writing to handle this on your behalf. Delays in obtaining permits are not the responsibility of Masonry Contractors of Muncie.

Maintenance During Work: You agree not to interfere with the work site or materials during the project. Any damage to partially completed work or materials caused by your actions or those of third parties will be your responsibility to repair or replace at your cost.

Our Insurance: Masonry Contractors of Muncie maintains general liability and workers' compensation insurance. Proof of insurance will be provided upon request before work begins.

Limitation of Liability: Except in cases of gross negligence or willful misconduct, Masonry Contractors of Muncie's total liability for any claim arising from this agreement shall not exceed the total amount paid for the project. We are not liable for indirect, incidental, consequential, or punitive damages.

Your Insurance: We strongly recommend that you maintain homeowner's or property insurance that covers construction work. You are responsible for insuring your property and belongings during the project.

Good Faith Negotiation: In the event of a dispute, both parties agree to attempt resolution through good faith negotiation. Any complaint must be submitted in writing within thirty (30) days of the issue arising. We will respond within seven (7) business days with our position and proposed resolution.

Mediation: If negotiation does not resolve the dispute within fourteen (14) days, either party may request non-binding mediation. Both parties agree to share the cost of mediation equally. Mediation will be conducted in Muncie, Indiana.

Arbitration and Litigation: If mediation is unsuccessful, disputes shall be resolved through binding arbitration in accordance with Indiana law, or through litigation in the courts of Delaware County, Indiana. Each party is responsible for its own legal fees and costs unless a court awards them otherwise.

Entire Agreement: These terms of service, together with the written project agreement and estimate, constitute the entire agreement between you and Masonry Contractors of Muncie regarding the project. Any prior negotiations, representations, or agreements not included in these documents are void.

Amendments: These terms may not be amended or modified except by written agreement signed by an authorized representative of Masonry Contractors of Muncie and the client.

Severability: If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Governing Law: These terms are governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of law principles.

Waiver: Our failure to enforce any right or provision shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative.