Terms & Conditions
Last Updated: January 1, 2025These Terms and Conditions ("Terms") govern your use of the Philip Sears Construction, Inc. website located at philipsearsconstructioninc.com ("Site") and any services, proposals, contracts, or agreements entered into with Philip Sears Construction, Inc. ("PSC," "we," "us," or "our"). By using this Site or engaging our services, you agree to be bound by these Terms.
1. Company Information
Philip Sears Construction, Inc. is a licensed and insured general contracting company operating in the State of Florida and the State of New Hampshire.
- Florida Office: 826 Fourth Street, Neptune Beach, FL 32266
- New Hampshire Office: 8 Marston Road, Holderness, NH 03245
- Phone: (448) 207-8062
2. Estimates & Proposals
All estimates and proposals provided by PSC are valid for 30 days from the date of issuance unless otherwise stated in writing. Estimates are based on information available at the time of preparation and are subject to change if project scope, materials, or site conditions differ from those originally described.
A written proposal does not constitute a binding contract. Work will not commence until a formal written contract is signed by both parties and the required deposit is received.
3. Payment Terms
Payment schedules are established in each individual project contract. Standard payment terms are as follows unless otherwise agreed in writing:
- Deposit: A deposit of up to 30% of the total contract value is required prior to commencement of work. This deposit covers mobilization, material procurement, and scheduling.
- Progress Payments: Progress payments are due at agreed-upon milestones as outlined in the project contract. Invoices are due within 10 business days of issuance.
- Final Payment: The final payment is due upon substantial completion of the project and prior to final walkthrough sign-off.
- Late Payments: Invoices not paid within the agreed terms are subject to a late fee of 1.5% per month (18% per annum) on the outstanding balance.
- Returned Payments: A fee of $50 will be charged for any returned checks or failed electronic payments.
PSC reserves the right to suspend work on any project where payment is more than 15 days past due, without liability for delays caused by such suspension.
4. Accepted Payment Methods
PSC accepts the following forms of payment:
- Check (made payable to Philip Sears Construction, Inc.)
- Bank wire transfer / ACH
- Cash (for amounts under $500 only)
- Credit card (subject to a 3% processing fee)
5. Change Orders
Any changes to the original project scope, materials, or timeline must be documented in a written Change Order signed by both parties before additional work is performed. Verbal authorizations are not binding. Change orders may affect the project price and schedule. PSC will provide a written cost and schedule impact for all change order requests prior to execution.
6. Project Timeline & Delays
PSC will make every reasonable effort to complete projects within the agreed timeline. However, PSC shall not be held liable for delays caused by:
- Acts of God, severe weather, or natural disasters
- Supply chain disruptions or material shortages
- Client-requested changes or delayed client decisions
- Permit delays or government actions
- Unforeseen site conditions discovered during construction
- Labor strikes or subcontractor delays beyond PSC's control
7. Warranties
PSC warrants all workmanship performed by our employees and direct subcontractors for a period of one (1) year from the date of substantial completion, unless a longer warranty period is specified in the project contract. This warranty covers defects in workmanship and does not cover:
- Normal wear and tear
- Damage caused by client misuse, neglect, or unauthorized modifications
- Damage caused by third parties not engaged by PSC
- Acts of God or extreme weather events
Manufacturer warranties on materials and equipment are passed through to the client and are subject to the respective manufacturer's terms.
8. Lien Rights
In accordance with applicable Florida and New Hampshire statutes, PSC and its subcontractors and suppliers reserve the right to file a mechanic's lien against the property for unpaid amounts owed for labor, materials, or services provided. PSC will provide required preliminary notices as mandated by state law.
9. Insurance & Licensing
PSC maintains general liability insurance and workers' compensation insurance as required by Florida and New Hampshire law. Certificates of insurance are available upon request. PSC holds all required contractor licenses in the states in which it operates.
10. Limitation of Liability
To the maximum extent permitted by applicable law, PSC's total liability to any client for any claim arising out of or related to a project shall not exceed the total amount paid by the client to PSC under the applicable project contract. PSC shall not be liable for any indirect, incidental, consequential, special, or punitive damages.
11. Dispute Resolution
In the event of a dispute arising from a project contract, the parties agree to first attempt resolution through good-faith negotiation. If negotiation fails, disputes shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association (AAA), Construction Industry Rules. The arbitration shall take place in the county where the project is located. The prevailing party shall be entitled to recover reasonable attorney's fees and costs.
12. Governing Law
For projects located in Florida, these Terms and any project contracts shall be governed by the laws of the State of Florida. For projects located in New Hampshire, these Terms and any project contracts shall be governed by the laws of the State of New Hampshire.
13. Website Use
The content on this Site is provided for informational purposes only. PSC makes no warranties, express or implied, regarding the accuracy or completeness of the information on this Site. You may not use this Site for any unlawful purpose or in any way that could damage, disable, or impair the Site.
14. Contact Form & Communications
By submitting the contact form on this Site, you consent to being contacted by PSC via email or phone regarding your inquiry. We will not sell, rent, or share your contact information with third parties for marketing purposes.
15. Privacy & Data Collection
When you submit a contact form on this Site, we collect the following information:
- Your name
- Email address
- Phone number (optional)
- Project type and description
This information is used solely to respond to your inquiry and to provide you with a project estimate. We do not use tracking cookies, advertising pixels, or analytics services that collect personal data. We do not sell or share your personal information with any third party.
You may request deletion of your information at any time by contacting us at (448) 207-8062.
16. Changes to These Terms
PSC reserves the right to update these Terms at any time. Changes will be posted on this page with an updated effective date. Continued use of this Site or engagement of our services after changes are posted constitutes acceptance of the revised Terms.
17. Contact Us
If you have any questions about these Terms, please contact us:
- Phone: (448) 207-8062
- Florida: 826 Fourth Street, Neptune Beach, FL 32266
- New Hampshire: 8 Marston Road, Holderness, NH 03245