Terms, Conditions, & Warranties – Agreement is Binding – Please Read
Signature of this proposal implies acceptance of the contract terms, scope of work, and conditions including prices, specifications, conditions, and warranty. BAY Crawl Space & Foundation Repair, aka BAY (the ‘Contractor’) is authorized to execute the agreed upon scope of work three days from the contract signature and must be completed within 180 days. With customer delays beyond 180 days from contract signature, payment will be due for the full contract amount, 180 days from contract signature. This scope of work does not guarantee an exhaustive repair of every crawl space or foundation issue and only covers the defined scope of work in this agreement. BAY agrees to comply with all local building permits, inspections, and zoning requirements. Any delay caused by events beyond the control of the contractor shall not constitute abandonment and shall not be included in calculating time for payment or performance, ie. bad weather, material delays, client delays, etc. BAY may change the scope of work to best suit actual site conditions, so long as the intent of the scope is maintained. It is understood that the conditions, terms, and warranty are applicable only to the areas of the home addressed. The client shall grant BAY a 90-day right (from notice) to remedy any problem. To contact the VA Contractor Transaction Recovery Fund, call 804-367-1559 or email recoveryfund@dpor.virginia.gov. Any deviation from the original scope involving extra costs, to include but not limited to unforeseen site conditions or unusual building construction, will become an extra charge over and above the original contract amount. No warranty will be in effect until BAY is paid in full. BAY will do it’s best to prevent damage. All proposals are based primarily on the client’s priorities and description of the problems. Any modification to this contract which changes the cost, materials, work to be performed, or the estimated completion date must be in writing and signed by all parties. Any non-warranty related service visit will incur a minimum service fee of $300 due at time of service. The scope of work is limited to the services specified in this agreement. Any other repairs needed would be considered a new scope of work. The Client assumes responsibility for monitoring the status of their crawl space. Warranties transfer automatically.
Payment Due Terms
Payment for standard (non-financed) projects is due in three stages:
Stage 1 — Deposit: A $1,000 deposit is due within 7 days of the signed agreement and is credited toward your project total.
Stage 2 — Progress Payment: When 80% of the scope of work is complete, 80% of the total project cost is due, less any payments already made.
Stage 3 — Final Balance: The remaining balance is due upon completion of the scope of work — meaning completion of the contracted work itself, not the final permit inspection, project closeout or any post-completion quality control inspection.
Financed projects: For projects using approved third-party financing, no deposit is required. Signed financing documents are due upon completion of the work, and payment is governed by your financing agreement.
Partial or delayed projects: If a project is not yet 100% complete and is delayed for any reason, payment for the portion of work completed to date is due upon request.
Late payments: If any payment stage is not paid when due, a $1,000 late fee will be applied for each stage past due. If any past-due stage remains unpaid after 30 days, an additional $1,000 late fee will be applied for each stage, and an additional $1,000 late fee will continue to apply every 30 days thereafter on any unpaid balance. For projects over $20,000, each late fee above is increased to 5% of the total project cost in place of the $1,000 amount. In no event will total late fees exceed the outstanding balance due.
Payment method discounts: Some projects are priced with a check, cash, or credit card discount. The check discount applies only when the invoice is paid by check, cash, or ACH. If an invoice priced with a check/cash discount is paid by credit card, the discount will not apply and the non-discount price will be charged.
Collection and disputes: The client is responsible for all expenses related to collection of past-due amounts, including reasonable attorney fees, court costs, and late fees. In the event of any dispute or litigation arising from or related to this Agreement or the services provided under it, the customer shall be liable to BAY for the costs of enforcing or defending this Agreement, including reasonable attorney fees. In the event of non-payment, BAY will pursue and enforce its mechanic's lien rights to the full extent permitted by law.
Right to Cancel: Virginia & NC contract law states you have the right to cancel this type of contract by notifying us within three (3) business days from the signed date. To cancel, email your request to cancel to support@baycrawlspace.com. If the cancellation request email is received after three business days, the Client agrees to pay a $1000 cancellation fee plus any project expenses, due in 5 business days or late payment penalties apply, see ‘Payment Due Terms’. $1000 deposits apply to cover the cancellation fee.
Push Piers: BAY Guarantees Stabilization of the foundation for the Lifetime of the Structure, in the areas installed. BAY does it's best to
prevent property damage during the install process but is not responsible for any damage to unmarked underground utilities or
the survival of outside plants that need to be removed or replaced. This agreement assumes normal construction, concrete
thickness (12" or less), and footing depth (36" or less from grade to the bottom of the foundation). If previous underpins / piers OR extra difficult conditions are
encountered, an additional amount will be determined to perform the installation.
BAY is not liable for cosmetic damages resulting from the applied hydraulic pressure, including but not limited to: the bricks,
siding, flooring, drywall, paint, trim, fixtures, counters, windows, framing, the roof, or any other building material affected.
Excavation & Digging: BAY will call “Miss Utility” as needed. All digging & excavation will be backfilled and tamped. The client is responsible for any landscaping, reseeding, or additional backfill required due to excavation & digging by BAY. The client assumes responsibility for damages due to breakage of any hidden or buried fuel, utility, plumbing, or private lines. BAY will do its best to avoid damaging unmarked fuel, utility, plumbing, and private lines.
Existing Building Utility Damages: If BAY is found to be obviously at fault for damaging any ‘good working order’ building utilities, aside from unmarked underground utilities, we agree to pay for the repair costs. The customer assumes all costs of repairs for any building systems damaged during installation which are previously damaged, faulty, improperly installed, aging, or deteriorated, to include HVAC, electrical, irrigation, plumbing, wires, or other such utilities. BAY will do it’s best to avoid unnecessary damages.
Electrical Services: BAY offers licensed & insured electrical contractor services. Sometimes, drywall / plaster / wall paneling must be cut to install new electrical circuitry. BAY will do it’s best to replace any cut-out areas but is not responsible for re-finishing the walls. Electrical services do not include wall panel, plaster or drywall repairs, ie. mud, tape, skim-coat, paint, or other cosmetic repairs. Standard pricing includes standard breakers and GFCI receptacles. Anything irregular, including modifications to the panel to make extra room, non-standard breakers, trenching, conduit, etc. requires additional fees, which will be determined by the electrician.
Mold: BAY is not liable for damages arising from mold or fungus. This includes adverse health effects, loss of value, loss of use, loss of income, personal injury, property damage, death, or any other effect. The client is responsible for monitoring their crawl space for problems and agrees to promptly report any issues to BAY. While BAY’s BoraCare treatments do help prevent, remove, & kill crawl space mold, BAY does not claim to be a Professional Mold Remediator, but is a Certified Pesticide Applicator with Pesticide Business License #: 16219. Full BoraCare Remediation & Encapsulation is recommended for BAY’s best results. If mold spores are still elevated inside the house after a full BoraCare Remediation & Encapsulation, a Professional Mold Remediator may be recommended to help identify & remedy mold inside the house.
Mold Tests: BAY provides mold air quality tests purely as a convenience for homeowners. Results vary depending on the extent of the fungal growth, the time of year, time of day, moisture, weather & hidden potential sources of mold (such as inside walls, under flooring, in HVAC, outdoors, etc). Specific mold concentration levels are not guaranteed, beyond our written guarantees.
Vapor Barriers: BAY guarantees that the liner installed will not rip, tear or pull away due to normal crawl traffic for 30 years (20 mil) or 10 years (12 mil). BAY guarantees that a 6-mil liner will not pull away due to reasonable crawl traffic for 5 years.
Crawl Space Encapsulation: BAY guarantees that the entire Encapsulation system will maintain full integrity for a period of 30 years including: 100% ground coverage, wrapped piers, insulated walls, vents covered, & the liner will be free of rips or tears. BAY agrees to service the manufacturer warranty of dehumidifiers installed by BAY. No humidity guarantee is made unless the dehumidifier is installed by BAY. BAY is not responsible for rodent damage, damage from flooding, abuse, or misuse. This guarantee does not include replacement of the liner. BAY recommends Encapsulation to reduce rodent issues but does not guarantee rodent elimination. The humidity sensor has a 1-year warranty. Healthy Humidity Guarantee: Within the warranty period of the dehumidifier, if the relative humidity on the humidity sensor goes above 60% humidity in the crawl space, BAY agrees to a free service visit and service the warranty.
Full BORA-CARE Remediation + Encapsulation Guarantees: As long as the Encapsulation has working dehumidifier(s) and electrical power, the crawl space is guaranteed not to have termites, termite damage, mold growth, or fungal growth. Also, ‘90-99% mold spore reduction’ (from the ‘Before’ air quality test results) or ‘less than 3,000 mold spores per cubic meter’ is guaranteed, when an ‘After’ test is included. If any of these things were to occur, BAY takes responsibility for repairs and / or retreatment of the crawl space framing. Moisture damage from plumbing or water leaks, existing termites, and existing damages are not guaranteed; ie. do not qualify for free repairs. Purchase of a partial BoraCare remediation treatment (less than the total sq footage) does not include this guarantee.
Annual Service & Crawl Space Monitoring: Annual maintenance service visits from BAY are required to maintain the various system warranties. The customer is responsible for monitoring the crawl space status, sensors, GFCI’s, etc. of the system in between service visits.
Rodent Control: BAY's recommended rodent control processes combine several industry best practices for reducing and preventing rodent activity. Foundation-level exclusion is designed to greatly reduce rodent entry points beneath the home, but does not constitute a total guarantee against future infestation. Rodents may still enter through points outside the scope of this service — including concealed, underground, or above-grade openings, second-level entry points, or rodents introduced to the structure by other means. Complete or indefinite rodent exclusion is therefore not guaranteed.
To maximize and maintain results, BAY recommends ongoing rodent control services, regular check-ups to re-apply or replace bait, repellent, and traps as needed, and prompt removal of property attractants such as bird feeders and exposed food sources.
TITAN Crawl Jacks: BAY warrants that the TITAN Crawl Jack will be able to support the area(s) immediately above the Jacks against further vertical settlement for the Lifetime of the Structure. If the footing were to settle, BAY agrees to perform a free adjustment of the Crawl Jack and / or install additional Crawl Jacks, as needed, at no charge to the client. The Crawl Jack Hardware has a 10 Year Adjustability Warranty, backed by TITAN Products, Inc. for 10 years. BAY is not responsible for the cosmetic effects of settlement. Any lift requested by the client will be attempted by BAY at sole liability of the client. If the house is reacting negatively to the lift, we advise achieving stabilization at that point. Crawl jack adjustments cost $300 per visit which includes two service technicians for up to one hour to make adjustments.
Structural Repairs: BAY guarantees that the structural repairs performed will maintain structural integrity for a period of 10 years (wood) or Lifetime (metal), not including any future damage due to moisture, termites, or wood destroying fungus. Due to the unknown nature of cutting out floors, if 2 layers of plywood are needed, additional fees are required for additional materials & labor.
‘Lift’ Expectations: Lift can cause damages. While BAY will do it’s best to achieve the best results, your repairs may require lifting of the structure. Houses & building materials do not like to be lifted. BAY is not responsible for damage from lift. BAY does not guarantee to lift, level floors, or attain any other specific results but will attempt the best results if requested. If attempted lift is not requested, we will pursue stabilization only, which has the least chance of any damages. Beam replacement requires lift.
Push Piers: BAY Guarantees Stabilization of the foundation for the Lifetime of the Structure, in the areas installed. BAY does it's best to prevent property damage during the install process but is not responsible for any damage to unmarked underground utilities or the survival of outside plants that need to be removed or replaced. This agreement assumes normal construction, concrete thickness (12" or less), and footing depth (36" or less to bottom). If previous underpins / piers OR extra difficult conditions are encountered, an additional amount will be determined to perform the installation. BAY is not liable for cosmetic damages resulting from the applied hydraulic pressure, including but not limited to: the bricks, siding, flooring, drywall, paint, trim, fixtures, counters, windows, framing, the roof, or any other building material affected.
Slab Poly Foam Injection: If the concrete settles 1/4" or more within 2 years from completion, we will return in a timely manner to restore your concrete slab to a better level at no cost to you. Occasionally, cracks will form during lift & foam can exert pressure on underground plumbing pipes. BAY is not responsible for damages, including and not limited to the examples mentioned.
Masonry Tuckpointing: BAY will grind and re-point the cracked mortar joints in the areas specified. BAY will attempt to match existing brick & mortar color. Color and texture match not guaranteed. Acid washes can affect the color of bricks & concrete.
Crawl Space Drainage Systems: BAY guarantees the crawl space drainage system will stop flooding, along the perimeter, in the area where the system is installed. The sump pumps must have power and be operational. Sump pumps are covered under a 3-year manufacturer’s warranty, which BAY agrees to service if needed. The ‘Flood Free Guarantee’ does not guarantee ‘no flooding’ if the property is submerged in water or in extreme flooding instances like Hurricanes or extreme tidal surges. Unless specified in writing, the sump pump discharge will be free up to 20 feet from the house. Any extension of the discharge line may require additional charges.
Exterior Drainage Systems: BAY guarantees the exterior drainage system will capture & transport water as designed. Downspout extensions with solid pipe, have a 10 year warranty. Perforated drain pipe covered with rock, installed outside, has a 3 year warranty.
Service Appointment Cancellations: If the Client cancels / reschedules a scheduled service within 48 hours of the appointment, there is a $1000 service cancellation fee. Clients must give 2 or more business days notice to reschedule service appointments with no fee. If a service job is cancelled or rescheduled on the scheduled day of service, there will be a $2000 fee incurred.
Job Schedule Changes Possible: It is important to understand, this is home repair construction. Our reality is that we manage many jobs around weather, 3rd parties, engineers, inventory, other clients, & permits. These factors can be outside our control and affect the schedule. If you have any concerns, please let us know right away. It’s important for us to know about any concerns, to be able to correct them.
Production Days & Punch-Lists: Our project managers will schedule ‘Production Days’ and assign team members as needed to complete your project. Your project could finish early, on-time, or the job could require extra effort after the ‘Scheduled Production Days’ are completed. If there are any tasks remaining after the ‘Production Crew’ finishes their scheduled time, a ‘Punch-List’ will be created which will likely be completed by a secondary ‘Service Crew’ at a later date.