1. ACCEPTANCE OF TERMS

Welcome to R&S General Construction Inc. ("R&S," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your use of our services and constitute a legally binding agreement between you ("Customer," "you," or "your") and R&S General Construction Inc.

These Terms apply to all construction, remodeling, and renovation services provided by R&S General Construction Inc., including but not limited to:

• Kitchen remodeling
• Bathroom renovations
• Room additions
• ADU (Accessory Dwelling Unit) construction
• Whole home remodels
• General construction services

2. SERVICES DESCRIPTION

R&S General Construction Inc. provides professional construction and remodeling services throughout the East Bay region, specifically serving Alameda and Contra Costa Counties.

2.1 Scope of Services

Our services include:

• Design Consultation: Assistance with project planning and design recommendations
• Permit Acquisition: Obtaining necessary building permits from local authorities
• Construction and Remodeling: Complete project execution including demolition, framing, plumbing, electrical, finishing, and installation
• Project Management: Coordination of subcontractors, materials, and timelines
• Quality Assurance: Inspections and final walkthrough

2.2 Service Areas

We provide services in the following areas:

• Hayward, Castro Valley, San Leandro, Fremont, Oakland (Alameda County)
• Walnut Creek, Lafayette, Danville, San Ramon, Dublin, Pleasanton (Contra Costa County)

Projects outside these areas may be considered on a case-by-case basis and may incur additional travel fees.

2.3 Project Capacity

R&S General Construction typically takes on 2-3 projects at a time to ensure quality and personalized attention. Project acceptance is at our sole discretion based on our current workload and project fit.

3. ESTIMATES AND QUOTES

3.1 Free Estimates

R&S General Construction provides free, no-obligation estimates for prospective projects. Estimates are provided in good faith based on information available at the time of assessment.

3.2 Estimate Validity

Written estimates are valid for 30 days from the date of issuance. After 30 days, material costs, labor rates, or other factors may change, requiring a revised estimate.

3.3 Estimate Accuracy

While we strive for accuracy, estimates are approximations based on:

• Visual inspection of the property
• Information provided by the customer
• Current market pricing for materials and labor
• Assumptions about existing conditions

3.4 Binding Contracts

An estimate becomes a binding contract only when:

• A formal written contract is signed by both parties
• The agreed-upon deposit is received
• A project start date is confirmed

4. PAYMENT TERMS

4.1 Payment Structure

Payment for projects is typically structured as follows:

• Deposit: 30-50% due upon contract signing to secure project scheduling and initial material purchases
• Progress Payments: Payments tied to project milestones (e.g., demolition complete, rough-in complete, final installation)
• Final Payment: Due upon project completion and customer approval

Specific payment schedules will be outlined in your individual project contract.

4.2 Accepted Payment Methods

We accept the following payment methods:

• Check (made payable to R&S General Construction Inc.)
• Bank transfer / ACH
• Credit/Debit cards (processing fees may apply)
• Cash (for amounts under $1,000 only)

4.3 Late Payments

Payments not received within 10 days of the due date are considered late. Late payments may result in:

• Work stoppage until payment is received
• Late fees of 1.5% per month (18% annually) on overdue balances
• Withholding of final project materials or completion
• Termination of contract and filing of mechanics lien (for significant non-payment)

4.4 Disputed Charges

If you dispute any charges, you must notify us in writing within 10 days of receiving the invoice. We will work with you to resolve the dispute in good faith. Undisputed portions of invoices remain due and payable.

5. PROJECT TIMELINE AND SCHEDULING

5.1 Estimated Timelines

Project timelines provided are estimates based on typical project conditions. Actual completion dates may vary due to:

• Permit approval delays
• Weather conditions
• Material delivery delays
• Discovery of unforeseen conditions (e.g., structural issues, code violations)
• Customer-requested changes
• Subcontractor availability

5.2 Project Delays

R&S General Construction will make reasonable efforts to complete projects within estimated timelines. We are not liable for delays caused by circumstances beyond our reasonable control.

We will communicate promptly about any anticipated delays and work with you to minimize impact.

5.3 Access to Property

Customers must provide reasonable access to the work site during normal business hours (Monday-Friday, 8:00 AM - 5:00 PM, and Saturday 8:00 AM - 1:00 PM as needed). Restricted access may delay project completion.

6. CHANGES AND MODIFICATIONS

6.1 Change Orders

Any changes to the original scope of work require a written change order signed by both parties. Change orders may affect:

• Project cost (additional materials, labor, permits)
• Project timeline
• Payment schedule

6.2 Customer-Requested Changes

Customers may request changes at any time, but changes made after work has begun may result in:

• Additional costs for wasted materials or rework
• Project delays
• Restocking fees for returned materials

We will provide a cost and timeline estimate for requested changes before proceeding.

6.3 Unforeseen Conditions

If we discover conditions during construction that were not apparent during the estimate (e.g., hidden water damage, structural issues, code violations), we will:

• Stop work on the affected area
• Notify you immediately
• Provide options and cost estimates for addressing the issue
• Await your written approval before proceeding

7. PERMITS AND REGULATIONS

7.1 Permit Acquisition

R&S General Construction will obtain all necessary building permits required for your project. Permit costs are typically included in your project estimate or contract.

7.2 Code Compliance

All work performed will comply with applicable building codes and regulations in effect at the time of construction, including:

• California Building Code
• Local city/county building codes
• Electrical and plumbing codes
• ADA requirements (where applicable)

7.3 Inspections

Required inspections by local building departments will be scheduled and coordinated by R&S General Construction. Customers must provide access for inspections.

7.4 HOA and Special Requirements

If your property is subject to Homeowners Association (HOA) rules or architectural review, you are responsible for:

• Obtaining HOA approval before work begins
• Providing us with any HOA requirements or restrictions
• Paying any HOA fees or fines

8. CUSTOMER RESPONSIBILITIES

8.1 Accurate Information

Customers must provide accurate and complete information about:

• Property ownership and authorization to perform work
• Existing conditions (known issues, previous repairs)
• Utility locations
• HOA requirements
• Project preferences and requirements

8.2 Preparation of Work Area

Before work begins, customers should:

• Remove personal belongings from work areas
• Relocate furniture and valuables (or we can do so for an additional fee)
• Secure pets and keep them away from work areas
• Make arrangements for temporary relocation if work areas include kitchens or bathrooms

8.3 Decision-Making

Customers must:

• Make timely decisions on material selections, design choices, and change orders
• Be available for project consultations and progress reviews
• Respond to communications within a reasonable timeframe (typically 48 hours)

Delays caused by customer indecision or unavailability may extend project timelines.

8.4 Protection of Property

While we take precautions to protect your property, customers are responsible for:

• Securing or removing high-value items from work areas
• Insuring their property and belongings
• Notifying us of any fragile or valuable fixtures that require special care

9. WARRANTIES AND GUARANTEES

9.1 Workmanship Warranty

R&S General Construction warrants that all work will be performed in a professional and workmanlike manner in accordance with industry standards. We provide a 1-year warranty on our workmanship from the date of project completion.

9.2 Materials Warranty

Materials and fixtures are covered by the manufacturer's warranty. We will assist in warranty claims but are not responsible for manufacturer defects. Warranty periods vary by product.

9.3 Warranty Exclusions

Our warranty does not cover:

• Normal wear and tear
• Damage caused by misuse, neglect, or improper maintenance
• Damage from events beyond our control (natural disasters, accidents)
• Work performed by other contractors after project completion
• Changes in building codes or regulations after project completion
• Cosmetic issues (minor cracks, settling, color variations in natural materials)

9.4 Warranty Claims

To make a warranty claim:

• Notify us in writing within the warranty period
• Provide photographs and description of the issue
• Allow us reasonable time to inspect and address the issue

We will repair or replace defective work at our discretion and at no additional cost if the claim is valid.

10. LIMITATION OF LIABILITY

10.1 General Limitation

To the maximum extent permitted by law, R&S General Construction's total liability for any claims arising from our services shall not exceed the total amount paid by the customer for the specific project in question.

10.2 Consequential Damages

R&S General Construction is not liable for:

• Indirect, incidental, consequential, or punitive damages
• Loss of use of property
• Lost profits or business opportunities
• Temporary housing costs
• Emotional distress

10.3 Third-Party Actions

We are not responsible for actions or omissions of:

• Subcontractors (though we select reputable subcontractors and oversee their work)
• Material suppliers
• Building inspectors or permit authorities
• Utility companies

10.4 Insurance

R&S General Construction maintains:

• General liability insurance
• Workers' compensation insurance (as required by California law)

Customers are encouraged to maintain their own homeowners insurance throughout the project.

11. DISPUTE RESOLUTION

11.1 Good Faith Negotiation

In the event of any dispute, controversy, or claim arising from these Terms or our services, both parties agree to first attempt resolution through good faith negotiation.

11.2 Mediation

If negotiation fails, both parties agree to participate in mediation before pursuing litigation. Mediation costs will be shared equally. Either party may initiate mediation by providing written notice.

11.3 Arbitration

If mediation is unsuccessful, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration shall take place in Alameda County, California.

11.4 Exceptions

The following matters are exempt from arbitration requirements and may be pursued in court:

• Collection of unpaid invoices
• Enforcement of mechanics liens
• Injunctive relief to prevent immediate harm

11.5 Attorney's Fees

In any legal action, the prevailing party shall be entitled to recover reasonable attorney's fees and costs.

12. CANCELLATION AND TERMINATION

12.1 Customer Cancellation

Customers may cancel a project before work begins with the following terms:

• Before contract signing: No fees
• After contract signing but before work begins: Deposit is non-refundable but may be applied to actual costs incurred (permit fees, ordered materials)
• After work begins: Customer is responsible for payment of all work completed, materials ordered, and a cancellation fee equal to 10% of remaining contract value

12.2 R&S Cancellation

R&S General Construction reserves the right to terminate a contract if:

• Customer fails to make required payments
• Customer repeatedly fails to provide necessary access
• Customer requests illegal or unsafe work
• Unforeseen conditions make the project unfeasible

In such cases, customer is responsible for payment of all work completed to date.

12.3 Mutual Agreement

Either party may terminate the contract by mutual written agreement. Terms of termination will be negotiated on a case-by-case basis.

13. INTELLECTUAL PROPERTY

13.1 Designs and Plans

Any designs, plans, or drawings created by R&S General Construction remain our intellectual property unless otherwise agreed in writing. Customers may use these for the specific project but may not reproduce or provide them to other contractors without permission.

13.2 Photos and Marketing

R&S General Construction may photograph completed projects for marketing purposes (website, social media, portfolios) unless customer objects in writing. Customer privacy and property security will be respected in all marketing materials.

14. INDEMNIFICATION

Customer agrees to indemnify and hold harmless R&S General Construction, its employees, and subcontractors from any claims, damages, or expenses (including attorney's fees) arising from:

• Customer's failure to disclose known property defects
• Customer's failure to obtain required HOA approvals
• Work performed by other contractors during or after our project
• Customer's misuse or improper maintenance of completed work

15. FORCE MAJEURE

R&S General Construction is not liable for delays or failure to perform due to circumstances beyond our reasonable control, including but not limited to:

• Natural disasters (earthquakes, floods, fires, severe weather)
• Pandemics or public health emergencies
• Government actions (permit delays, regulatory changes, work stoppages)
• Labor disputes
• Material shortages
• Utility failures

In such events, project timelines will be extended by a reasonable period, and we will work with customers to minimize impact.

16. GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Any legal action related to these Terms must be brought in the state or federal courts located in Alameda County, California. Both parties consent to the jurisdiction and venue of these courts.

17. SEVERABILITY

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

18. ENTIRE AGREEMENT

These Terms and Conditions, together with any signed project contract and change orders, constitute the entire agreement between customer and R&S General Construction regarding the services provided.

These Terms supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

No modification of these Terms is valid unless made in writing and signed by both parties.

19. CONTACT INFORMATION

For questions about these Terms and Conditions, or to discuss any concerns, please contact us: