McGinley's Masonry Repair Terms & Conditions

1. Acceptance of Estimate

Approval of this estimate authorizes McGinley’s Masonry Repair to perform the work specifically described in the approved Scope of Work.

Any work outside the written Scope of Work requires authorization through a written change order and may result in additional charges and scheduling adjustments.

2. Deposits & Payment

Projects with a total contract price of $2,000 or more generally require a deposit of 25%–35%, with the amount determined by anticipated up-front material, equipment, and project-specific costs.

Projects under $2,000 generally do not require a deposit unless the work requires significant special-order, non-returnable, custom, or otherwise substantial materials to be purchased in advance.

Any required deposit and the applicable deposit percentage will be clearly stated in the estimate before approval.

Deposits are applied toward the total contract price and authorize McGinley’s Masonry Repair to begin purchasing materials, allocating resources, and reserving the project on the schedule.

Final payment is due immediately upon project completion unless otherwise specified in writing.

Invoices remaining unpaid more than seven (7) calendar days after completion will incur a late fee equal to five percent (5%) of the outstanding balance, to the extent permitted by law.

Continued non-payment may result in additional collection activity, including mechanic’s lien filings, legal proceedings, or other remedies available under Indiana law.

To the extent permitted by law, the Client agrees to reimburse McGinley’s Masonry Repair for reasonable costs incurred in collecting past-due amounts, including lien recording and release fees, court costs, collection expenses, and reasonable attorney’s fees.

3. Scope of Work & Concealed Conditions

This estimate includes only the work specifically described in the written Scope of Work.

Masonry repair frequently involves existing materials and conditions that cannot be fully evaluated until mortar, brick, block, stone, concrete, coatings, soil, or other materials are removed.

Concealed deterioration, voids, unstable masonry, previous improper repairs, structural conditions, water damage, or other unforeseen conditions may require additional work.

If conditions are discovered that materially change the agreed Scope of Work, McGinley’s Masonry Repair will document the condition and discuss available options with the Client before performing additional chargeable work.

4. Material & Color Matching

McGinley’s Masonry Repair will make reasonable efforts to match existing brick, block, stone, mortar, joint profile, and other materials where applicable.

Exact matches cannot be guaranteed due to age, weathering, discontinued products, manufacturing differences, prior repairs, staining, and differences between new and existing materials.

New mortar and masonry may appear noticeably different immediately following installation and may continue to change in appearance as materials cure and weather.

5. Scheduling, Weather Delays & Emergency Work

Upon acceptance of the estimate and receipt of any required deposit, a prospective start date will be scheduled.

The Client acknowledges that masonry scheduling is inherently subject to change and that the initial date provided is an anticipated start date rather than a guaranteed date.

Masonry work is weather-dependent. Scheduling may be adjusted due to rain, freezing temperatures, excessive heat, high winds, wet conditions, unsafe working conditions, or other environmental factors that could affect employee safety, proper installation, curing, or the long-term durability of the work.

Scheduling may also change due to unforeseen conditions on preceding projects, concealed damage requiring additional repair, material or equipment delays, employee availability, or other circumstances outside the reasonable control of McGinley’s Masonry Repair.

McGinley’s Masonry Repair may prioritize emergency work when a condition presents an immediate or significant risk of bodily injury, structural failure, falling masonry, active water intrusion, or additional property damage. Emergency work may temporarily delay previously scheduled projects.

As the prospective start date approaches, McGinley’s Masonry Repair will contact the Client to confirm the schedule or advise of any necessary adjustments.

When scheduling changes occur, McGinley’s Masonry Repair will make reasonable efforts to notify affected Clients and resume delayed work as soon as practical.

6. Site Access, Utilities & Pets

The Client is responsible for providing clear, safe, and reasonable access to the work area for employees, vehicles, tools, materials, ladders, scaffolding, and other equipment required to perform the contracted work.

Vehicles, furniture, decorations, personal property, fragile items, planters, hoses, recreational equipment, and other movable items must be removed from the immediate work area before work begins.

The Client must provide access to standard on-site electrical service sufficient to operate normal masonry tools and equipment unless otherwise agreed in writing.

If suitable electrical service is unavailable and McGinley’s Masonry Repair must provide a generator, generator use will be charged at $150 per day or portion of a day, plus fuel, unless generator service is specifically included in the written estimate.

Reasonable access to an exterior water source is requested when available. McGinley’s Masonry Repair may provide water when necessary.

Pets must be secured away from the active work area while the crew is on site.

McGinley’s Masonry Repair understands that dogs and other pets need to go outside and exercise during the day. Clients may coordinate this with the crew, but must notify a crew member before releasing a dog into or near the work area so tools and work can be safely paused if necessary.

McGinley’s Masonry Repair loves dogs; however, an active construction site may include unfamiliar people, noise, power tools, open excavations, debris, scaffolding, ladders, cords, and other hazards that can overwhelm or endanger even a normally well-trained animal.

This requirement is intended to protect the Client’s pets, our employees, and anyone else present on the property.

7. Cleanup, Landscaping & Site Disturbance

McGinley’s Masonry Repair will remove masonry-related construction debris generated by our work and will leave the immediate work area in a reasonably clean, workmanlike condition upon completion.

Construction cleanup does not include landscaping restoration.

Unless landscaping restoration is specifically included in the written Scope of Work, McGinley’s Masonry Repair is not responsible for restoring grass, sod, mulch, planting beds, shrubs, decorative stone, grading, or other landscaping disturbed as a reasonably necessary result of accessing or performing the contracted work.

When excavation is required, soil disturbance is an unavoidable and normal part of the work.

Excavated soil may be temporarily stockpiled adjacent to the work area and will generally be returned or reasonably graded upon completion when appropriate.

Recently disturbed soil may remain loose, uneven, elevated, compacted, discolored, or otherwise visibly different until it naturally settles.

Replacement of sod, reseeding, topsoil installation, professional grading, landscape repair, or restoration of planting beds is excluded unless specifically stated in the written Scope of Work.

Normal masonry operations may also result in temporary dust, mortar particles, footprints, equipment impressions, minor grass discoloration, or similar incidental effects in areas reasonably necessary to access and complete the project.

The Client is responsible for identifying landscaping, irrigation systems, landscape lighting, invisible fencing, buried wiring, privately installed drainage, or other items that may not be visible to the crew before work begins.

McGinley’s Masonry Repair will take reasonable care to avoid unnecessary damage to the property but is not responsible for ordinary and unavoidable site disturbance resulting from proper performance of the contracted work.

Fine masonry dust and minor surface residue may remain following normal cleanup and do not constitute incomplete cleanup or property damage.

8. Permits & Third-Party Services

Unless specifically included in the written Scope of Work, permit fees, engineering services, architectural services, inspections, utility relocation, and other third-party professional services are excluded from the estimate.

If McGinley’s Masonry Repair determines that the contracted work requires a permit, structural engineering, professional evaluation, or other work outside the contracted scope, the Client will be notified before that additional work proceeds.

Required permits, inspections, or professional services may result in additional charges and scheduling adjustments.

9. Workmanship Warranty

Unless expressly excluded or modified in the written Scope of Work, McGinley’s Masonry Repair provides a one (1) year workmanship warranty beginning on the date of completion.

The warranty covers defects directly resulting from McGinley’s Masonry Repair’s installation or workmanship and is limited to repair or correction of the affected work, as appropriate.

Certain repairs may involve existing conditions, temporary or limited-scope corrective measures, previously failed construction, structural movement, deterioration beyond the contracted repair area, or other circumstances that prevent McGinley’s Masonry Repair from reasonably warranting the longevity of a particular repair.

When a repair is not warrantable, or carries a warranty different from the standard one-year workmanship warranty, that limitation will be specifically stated in the written Scope of Work before approval.

If no specific warranty exclusion or modification appears in the Scope of Work, the standard one-year workmanship warranty applies.

The workmanship warranty does not cover:

Structural movement, settlement, vibration, or shifting of the building or surrounding materials.
Failure or deterioration of existing masonry, mortar, foundations, flashing, drainage systems, roofing, or other components outside the contracted repair area.
Water intrusion originating from a source unrelated to McGinley’s Masonry Repair’s workmanship.
Damage caused by other contractors, homeowners, occupants, animals, vehicles, landscaping, equipment, or third parties.
Damage resulting from alterations, modifications, repairs, coatings, sealants, or other work performed by others after completion.
Acts of nature, severe weather, flooding, fire, impact, abnormal freeze/thaw conditions, or other events outside the reasonable control of McGinley’s Masonry Repair.
Normal aging, weathering, efflorescence, minor color variation, hairline shrinkage, or ordinary wear that does not constitute a workmanship failure.
Existing concealed conditions or deterioration that could not reasonably be identified before or during the contracted work.
Materials or components supplied by the Client or another contractor.
Conditions specifically identified as excluded from warranty in the approved Scope of Work.

Warranty claims must be reported to McGinley’s Masonry Repair within the applicable warranty period, and McGinley’s Masonry Repair must be provided a reasonable opportunity to inspect the reported condition before repairs are performed by another party.

Unauthorized repair or alteration of the affected work by another party may void warranty coverage for that area to the extent that the subsequent work prevents McGinley’s Masonry Repair from determining the cause of the reported failure or correcting its warranted work.

10. Cancellation & Deposits

Where applicable under Indiana law, the Client may have a statutory right to cancel this agreement within the applicable rescission period. Any cancellation made within a legally required cancellation period will be handled in accordance with applicable law.

After expiration of any applicable statutory cancellation period, deposits are non-refundable.

The Client understands that acceptance of this agreement causes McGinley’s Masonry Repair to reserve labor, scheduling capacity, equipment, administrative resources, and project availability for the Client’s work. Reserving that time may require McGinley’s Masonry Repair to decline, delay, or forgo other projects.

If the Client cancels after the applicable statutory cancellation period for reasons not caused by McGinley’s Masonry Repair, the deposit will be retained to compensate for reserved scheduling capacity, lost project opportunities, administrative costs, and other project-related commitments.

The Client is also responsible for any additional amounts due for work already performed, materials purchased or ordered, non-returnable or specially ordered materials, supplier cancellation or restocking charges, equipment rentals, permits, deliveries, or other authorized project-specific costs incurred before cancellation.

Cancellation must be provided in writing. Our cancelation form can be accessed at https://mcginleysmasonryrepair.com/terms-conditions/