Terms & Conditions
STANDARD TERMS AND CONDITIONS
1. DEFINITIONS
A. “Company” means M&M EMPIRE CONSTRUCTION LLC.
B. “Customer” means the Property owner and/or agent and/or representative and/or employee
and/or contractor and/or subcontractor of the Property owner requesting Company to provide
labor and/or materials.
C. “Property” means the premises and entire area of the real property and/or parcel of land to
which the Customer has contracted with the Company to provide its labor and/or materials.
D. “Residence” means a single-family house, duplex, triplex, or quadruplex or a unit in a multiunit
structure used for residential purposes and is sued or intended to be used as a dwelling by one of
the owners of the Property.
E. “Work” means labor and/or materials and/or improvements and/or goods and/or services of
whatever nature and kind to be furnished or furnished to the Property and/or Residence and/or
Customer.
F. “Contract” means the entire Agreement and/or residential construction agreement and/or
construction agreement and/or any other agreement between the Company and the Customer for
Work to be carried out, and labor and/or materials to be furnished, by the Company to the Property
and/or Residence.
G. “Invoice” means work order, change order, quotation, invoice, and/or any other communication,
including, but not limited to, written, e-mail, and/or oral, which identifies requests for Work, labor
and/or materials; and/or identifies Work, labor and/or materials to be provided to the Customer.
and/or identifies Work, labor and/or materials to be provided, and/or already provided, to the
Property.
H. “Finish Out” means the stage of the Work where wallboard is inspected and/or drywall is hung.
I. “Substantial Completeness” means the stage of the Work where plumbing and electric/lighting
fixtures are installed onto the Property.
J. “Completeness” means the actual completion of the Work under the Contract including any extras
or change orders reasonably required or contemplated under the Contract, other than warranty
work or replacement or repair of the Work performed under the Contract.
K. “Accrual of Indebtedness” means the last day of the month in which the Contract has been
completed, finally settled, or abandoned. In the event either party terminates the Contract in
accordance with the Contract, the Accrual of Indebtedness occurs on the last day of the month in
which a written declaration by the Company or the Customer is received by the party to the
Contract stating that the contract has been terminated.
2. GENERAL
A. These Standard Terms and Conditions apply to all agreements of the Company to provide
services and/or labor and/or materials to any Property and/or Residence and/or Customer,
including but not limited to new construction, repairs, renovations, remodels, maintenance,
upgrades, replacements, renewals, consumable supplies and generally all
labor and materials related to or incident thereto. These Standard Terms and Conditions form an
integral part of all Contracts of the Company. Agreements varying these Standard Terms and
Conditions must be in writing and signed by both parties.
B. These Standard Terms and Conditions shall govern and control every order for services and/or
goods and/or labor and/or materials placed with the Company, whether oral or written, howsoever
transmitted, whether by telephone, in writing, fax, e-mail, telex or cable communication, and shall
be deemed thereby acknowledged and accepted by the Customer or on its behalf.
C. Estimates of the Company are not binding and are valid for ten (10) days from date of
issuance. Estimates are subject to change until they are accepted by the Company. They
shall include only 2 the services, labor and/or materials explicitly specified therein.
D. Contracts will be deemed binding on Company once it has accepted the Contract and
Invoice incident thereto in writing. This shall apply mutatis mutandis to all amendments to
or alterations of Contracts.
E. The Company and the Customer have jointly reviewed the Work to be carried out, which
is as described in the Contract and Invoice. The price for same shall be as noted in the
Contract and Invoice, excluding however, any additional costs and/or expenses and/or
additional labor and/or materials that may be required to perform additional Work over
and above the scope of the Work described in the Invoice but discovered once the Company
commenced to execute the Work. By way of example only and not by way of limitation,
such additional Work may include dismantling for purposes of making areas accessible
where Work is to be performed; cleaning and/or disposal of waste materials in compliance
with applicable laws and/or regulations, and/or the discovery of additional Work that
must be completed to undertake the Work described in the Contract and Invoice. If
concealed or unknown physical conditions are encountered at the Property that differ
materially from those indicated in the Contract and Invoice or from those conditions
ordinarily found to exist, the Contract Sum shall be increased accordingly. Moreover, from
time to time, the Customer may request additional Work and/or labor and/or materials, or
may request to increase the scope of Work contained in the Contract and Invoice. All such
additional Work will be charged as extra and shall be payable by the Customer, together
with the price noted in the Invoice and any subsequent change orders. Furthermore, from
time to time, the Company’s actual cost of materials may increase due to economic factors
beyond the Company’s control. If the Company’s actual cost of materials
increases during the Work by more than 10% from the time the Company and Customer
enter the Contract due to economic factors outside of the Company’s control, then
Customer shall pay the actual increase in price of materials. Company shall promptly
furnish all such increases in price of materials to Customer in writing. By way of example
only and not by way of limitation, such price increases may apply to the price of lumber,
glass, concrete and steel.
F. All materials under the Contract between Company and Customer shall be supplied and
installed by Company, unless explicitly agreed to in writing.
G. All labor under the Contract between Company and Customer shall be provided by
Company, unless explicitly agreed to in writing. For the avoidance of doubt, this includes
the hiring of all tradesmen, sub-contractors, contractors, and/or any other type of laborer
under the Contract. No tradesman, sub-contractors, contractors and/or any other type of
laborer is permitted on the Property while Work is ongoing by Company, unless hired by
Company.
H. While Work by Company is ongoing on the Property, Customer and/or Customer’s
representative shall ask for permission to enter the job site.
I. The person agreeing to the Contract and Invoice and/or signing the Contract and Invoice,
warrants to the Company it is authorized to accept the Contract and Invoice for and on
behalf of the Customer whose name appears on the Contract and Invoice.
3. INSURANCE
A. Company shall provide contractor’s general liability and other insurance as follows: a. Up
to $2,000,000 General Liability Policy.
B. Customer shall provide property insurance to cover the value of the Customer’s
property, including any Work provided under this Agreement. The Company is entitled to
receive an increase in the Contract Sum equal to the insurance proceeds related to a loss
for damage to the Work covered by the Customer’s property insurance.
C. Unless specifically precluded by the Customer’s property insurance policy, the Customer
and Company waive all rights against (1) each other 3 and any of their subcontractors,
suppliers, agents, and employees, each of the other; and (2) the architect, architect’s
consultants and any of their agents and employees, for damages cause by fire or other
causes of loss to the extent covered by property insurance or other insurance applicable to
the work.
D. Customer shall provide certificate of insurance showing coverage prior to
commencement of Work.
4. PAYMENT
A. The payment amount agreed hereunder is due and owing as follows: As specified by any/all invoices.
B. Upon Final Payment inclusive of any statutory retainage withheld by Customer,
Company shall execute releases and waivers of any Mechanic’s and Materialman’s liens
Company may be entitled to claim on the Property.
5. PERMITS AND INSPECTIONS
A. Customer shall be liable for all applicable permitting fees and costs necessary to carry
out the Work described in the Contract and Invoice.
B. Customer shall pay for other necessary approvals, easements, surveys, assessments and
charges.
C. If requested by Company, the Customer shall furnish all necessary surveys and a legal
description of the Property.
D. Customer shall obtain all necessary permits to carry out the Work described in
the Contract and Invoice and shall be in compliance with same.
E. At the appropriate times, Company shall arrange for inspections and approvals of
portions of Work required by the Contract and Invoice or by laws, statutes, ordinances,
codes, rules and regulations, or lawful orders of public authorities.
F. Company will not be liable for any damages, direct or consequential, for any delay
whatsoever, however caused, relating to permitting and inspections, including but not
limited to: delays caused by the city and/or city inspectors, unforeseen changes in the
applicable building code, and/or any matters of health or life safety related to permitting
and inspections.
6. MECHANIC’S AND MATERIALMAN’S LIEN ON THE PROPERTY
A. Company shall be entitled to claim a mechanic’s and materialman’s lien on the Property
under Chapter 53 of Texas Property Code for the amount of the Contract and Invoice
and/or the value of labor and/or materials furnished to the Customer and Property.
Alternatively, or in addition, Company shall be entitled to claim a constitutional lien under
Article XVI, Section 37 of the Texas Constitution on the Property for the amount of the
Contract and Invoice and/or the value of labor and/or materials furnished to the Customer
and Property.
B. Customer agrees that it will execute all documents necessary in order for Company to
perfect its mechanic’s and materialman’s lien on the Property.
C. Customer acknowledges that a mechanic’s and materialman’s lien may encumber
homestead exempted property and may adversely affect Customer’s property rights.
Customer should consult a licensed attorney to understand how mechanic’s and
materialman’s liens may adversely affect the Property.
D. In the instance that Company is acting as general contractor under the Contract, Contract
shall inure to the benefit of all persons who furnish labor or furnish material for the
Company.
7. WARRANTY AND CORRECTION OF WORK
A. Company warrants that: it will carry out all Work in accordance with industry standards;
materials and equipment furnished under the Contract and Invoice will be new and of good
quality unless otherwise required or permitted by the Contract and Invoice; the Work will
be free from defects 4 not inherent in the quality required or permitted; and Work will
conform to the requirements of the Contract and Invoice.
B. If a third-party “1-2-10 warranty” is provided to the Customer under the Contract and
Invoice, then the third-party “1-2-10 warranty” is the exclusive warranty available to
Customer and no other warranty shall apply to Work carried out by Company. See
applicable third-party 1-2-10 warranty for details.
C. In the absence of a third-party warranty, Company guarantees its Work as follows: labor
and materials for twelve (12) months; mechanical, electrical, and plumbing systems for
twenty-four (24) months. Manufacturer’s warranty may also be available to Customer,
provided Customer registers any eligible systems, appliances and/or products. Company
shall not be responsible for registering Customer in accordance with any applicable
manufacturer’s warranty.
D. In the unlikely event Customer should discover Work not conforming to the
requirements of the Contract and Invoice directly performed by Company during warranty
period, Customer shall provide Company written notice of same. Company shall exercise its
best efforts to correct Work promptly.
E. Warranty only applies to areas directly worked on by Company described in Contract
and Invoice.
F. All warranty requests must be made in writing to Company. Customer may be asked to
provide pictures and additional information to Company upon submission of warranty
request.
8. NO WARRANTY AS TO TIME OF COMPLETION
A. Company will use its best efforts to complete the Contract by the “Estimated Date of
Completion” provided in the Contract, however, Company does not warrant the estimated
date of completion of Work and will not be liable for any damages, direct or consequential,
for any delay whatsoever, however caused. Moreover, Company shall not be liable to
Customer for any weather-related delays.
9. LAW AND JURISDICTION
A. This agreement and/or Contract and Invoice shall be governed and construed in
accordance with the laws of the State of Texas, and the Company shall be entitled to a
mechanic’s and materialman’s lien on the Property identified in the Contract and Invoice
for the agreed price, together with interest, costs, and attorney fees/lawyer fees, litigation
and witness attendance costs and expenses, and any other legal services and litigation
costs.
B. All disputes and/or claims arising out of, or in connection with this agreement and/or
the Contract and Invoice, and/or any agreement relating hereto, shall be enforceable and
subject to the exclusive jurisdiction of the Courts of the State of Texas. It is expressly agreed
that the Company will be entitled to recover its attorney’s fees, interest, and costs in any
proceedings to enforce this agreement and/or the Contract and Invoice. The Company shall
also have the right to proceed against the Customer, any third party, and/or the Property in
such other jurisdiction as the Company, in its sole discretion, sees fit for the purpose of
securing payment of any amount due to the Company from the Customer. In such
circumstances, the proceedings will be governed by the law (substantive and procedural)
of such jurisdiction.
10. VALIDITY
A. These Standard Terms and Conditions shall be valid and binding for all Contracts,
Invoices, change orders, offers, quotations, and prices made by Company as of February 1,
2021, or at any later date. These terms and condition may also be incorporated by
reference to the website of the Company at https://mmempireconstruction.com where they have been
set out, without it being necessary to be duplicated in a standard form writing
