Terms of Service

1. Acceptance of terms

These Terms of Service (“Terms”) govern your use of the Ovation Contractors LLC website and any estimates, quotes, proposals, or contracted services we provide (collectively, the “Services”). By requesting a quote, signing a proposal, or otherwise engaging us, you agree to these Terms. If a signed written proposal conflicts with these Terms, the signed proposal governs for that project.

2. Who we are

Ovation Contractors LLC is a New York limited liability company operating in Westchester County. We hold the licenses required by law for the work we perform; current license information is available on request.

3. Estimates and quotes

Estimates and quotes are valid for 30 days from issue unless stated otherwise. A quote is a good-faith projection of scope and price based on visible conditions and stated client requirements. It is not a binding contract. A binding agreement is formed only when both parties sign a written proposal.

4. Change orders

Any modification to scope, materials, schedule, or price must be in writing. “Writing” includes signed change orders, email, SMS, or WhatsApp where the customer has clearly acknowledged the change (“yes,” “approved,” “go ahead,” or equivalent). Verbal instructions are not binding. If out-of-scope work is requested and performed before a written change order exists, Ovation will issue the change order after the fact and the customer agrees to pay the stated amount.

5. Hidden and latent conditions

Remodeling regularly uncovers conditions that could not be inspected during quoting: rot, termite damage, mold, asbestos, lead paint, knob-and-tube wiring, galvanized plumbing, improper prior work, and code violations. Ovation is not responsible for the cost of remediating these conditions. Upon discovery, we will document the condition, notify the customer, pause affected work, and issue a change order for the additional scope before continuing.

6. Payments, deposits, and late fees

• A deposit is typically required to schedule work; the amount is stated in each proposal and held consistent with New York Lien Law §71.
• Progress payments are due at milestones defined in the proposal.
• Final payment is due upon substantial completion (§10) unless the proposal states otherwise.
• Invoices not paid within 15 days of the due date accrue a late fee of 1.5% per month (18% annualized), or the maximum permitted by New York law, whichever is less.
• If any payment is more than 10 days late, Ovation may suspend work until payment is current. Any delay resulting from the stoppage is not Ovation’s responsibility, and reschedule fees may apply.
• If Ovation is required to pursue collection, the customer agrees to pay Ovation’s reasonable costs of collection, including attorney fees, to the extent permitted by law.
• Payments may be made by check, ACH, or credit card via Stripe.

7. Trip charges

On-site estimates are free. For any scheduled visit (estimate or job work), if Ovation arrives and cannot perform as scheduled due to reasons outside our control — no one present without prior arrangement, locked with no access instructions, site not prepared as agreed, or otherwise inaccessible — a flat $80 trip charge will be invoiced. Cancellations or reschedules made more than two (2) hours before scheduled arrival incur no trip charge.

8. Scheduling, delays, and force majeure

Ovation uses commercially reasonable efforts to begin and complete work on agreed dates. Start and completion dates are estimates and may shift due to weather, permit timelines, inspection availability, material lead times, hidden conditions, or client-caused delays (change requests, access denial, belongings not moved, pets not secured, HOA holdups).

Force majeure. Neither party is liable for delay or failure to perform caused by events beyond reasonable control, including weather, natural disasters, government orders, pandemics, supply-chain disruptions, strikes, or utility failures. Performance obligations are suspended for the duration of the event.

9. Customer responsibilities

• Provide reasonable access to the work area during agreed working hours.
• Relocate or protect personal belongings in and adjacent to the work area.
• Secure pets away from the work area.
• Disclose known conditions (leaks, pests, prior repairs, structural issues) before quoting.
• Obtain HOA, co-op, or building-management approvals required for the work.
• Maintain water and power available to the work area during construction.

Failure to meet these responsibilities may result in delays, trip charges, or change orders.

10. Substantial completion and punch list

Work is “substantially complete” when usable for its intended purpose, even if minor items remain. At substantial completion, Ovation and the customer will walk the project and prepare a written punch list. Ovation will complete the punch list within 30 days. Final payment is due at substantial completion; the customer may withhold an amount equal to 150% of the reasonable cost of outstanding punch items until completion — no more.

11. Warranties

Workmanship. Ovation warrants its workmanship for twelve (12) months from substantial completion unless the proposal states otherwise. Workmanship defects reported in writing during this period will be corrected at no additional cost.

Manufacturer warranties. Materials, appliances, fixtures, and products are covered by their respective manufacturer warranties. Ovation will assist in coordinating claims but is not the warrantor of third-party products.

Exclusions. The workmanship warranty does not cover:

• Ordinary wear and tear;
• Damage from misuse, neglect, or unauthorized alteration;
• Damage from acts of God, fire, flood, or pests;
• Settling, shrinkage, or seasonal movement of wood, caulk, and grout within normal tolerances;
• Damage caused by other contractors, subsequent remodeling, or failure to perform routine maintenance;
• Client-supplied materials (§12).

12. Client-provided materials

If the customer provides any materials, fixtures, or appliances, Ovation installs them as-is. Ovation does not warrant client-provided materials against defect, failure, or compatibility, and is not responsible for any resulting cost or delay. Returns, exchanges, or replacements of client-provided materials are the customer’s responsibility.

13. Property, dust, and site conditions

Remodeling generates dust, noise, and temporary disruption even with reasonable containment. Ovation uses commercially standard containment (plastic, floor protection, HVAC covers) but is not liable for dust migration consistent with normal construction. Ovation is liable for damage to property caused by our negligence; we are not liable for cosmetic wear on surfaces already showing use prior to our arrival.

14. Permits and inspections

Unless the proposal states otherwise, Ovation pulls required permits and coordinates inspections. The customer pays permit fees. If the customer elects to pull permits themselves, they assume responsibility for compliance and inspection scheduling.

15. Lead paint and hazardous materials

For pre-1978 properties, Ovation complies with EPA Renovation, Repair, and Painting (RRP) rules. If asbestos, lead paint beyond RRP scope, or other hazardous materials are discovered, Ovation will stop affected work and the customer is responsible for engaging a licensed abatement contractor before work resumes. Abatement is not included in any Ovation quote unless explicitly stated.

16. Subcontractors and insurance

Ovation may engage licensed subcontractors for specialty trades. Ovation carries general liability and workers’ compensation insurance meeting or exceeding New York requirements; a certificate of insurance is available on request.

17. Photography and portfolio use

Unless you request otherwise in writing, Ovation may photograph completed work (exterior and interior) for use in our portfolio, website, marketing, and social media. We do not publish personally-identifying information (address, name) alongside portfolio photos. You may opt out at any time by emailing us; we will remove the photos from active public use within 30 days of request.

18. Communications

By providing contact information, you consent to receive project-related communications from us by phone, SMS, email, or WhatsApp. Message and data rates may apply. Reply STOP to opt out of SMS; doing so during an active project will limit our ability to coordinate work. See our Privacy Policy for details on SMS and data handling.

19. Cancellation by customer

You may cancel at any time before work begins by written notice. Deposits are refundable less actual costs incurred (permits pulled, custom or non-returnable materials ordered, design and estimating time beyond the initial estimate, restock fees, subcontractor cancellation fees). Once work has begun, cancellation is governed by the signed proposal, and the customer remains responsible for work completed to date plus reasonable costs of winding down.

20. Stoppage and termination by Ovation

Ovation may suspend or terminate work for cause, including non-payment, unsafe site conditions, customer breach, or discovery of conditions requiring remediation beyond our scope. In the event of termination for cause, the customer is responsible for all work performed and materials ordered to date. Ovation retains all rights to mechanic’s liens and other remedies under New York law.

21. Mechanic’s lien rights

The customer acknowledges Ovation’s right to file a mechanic’s lien under New York Lien Law for unpaid amounts. Nothing in these Terms waives any lien or collection right.

22. Limitation of liability

To the maximum extent permitted by law, Ovation is not liable for indirect, incidental, consequential, special, or punitive damages, including lost use, lost profits, or loss of rental income. Ovation’s total cumulative liability for any claim arising out of or relating to the Services is limited to the amounts actually paid by the customer for the specific project giving rise to the claim. This limitation applies to all theories of liability, including contract, tort, and statute, and survives termination.

23. Indemnification

Each party will indemnify the other against third-party claims arising from its own negligence, willful misconduct, or breach of these Terms. The customer will indemnify Ovation against claims arising from (a) customer-provided materials, (b) concealed pre-existing conditions not disclosed at quoting, and (c) access granted to third parties not authorized by Ovation.

24. Dispute resolution

The parties will attempt to resolve any dispute informally within 30 days of written notice. If unresolved, the parties agree to non-binding mediation with a neutral mediator mutually selected within 60 days. If mediation does not resolve the dispute, either party may pursue remedies in the courts of Westchester County, New York, or — by mutual written agreement — in binding arbitration. The prevailing party may recover reasonable attorney fees and costs to the extent permitted by law.

25. Governing law and venue

These Terms are governed by the laws of the State of New York without regard to conflict-of-laws rules. Exclusive venue for any court action is Westchester County, New York.

26. Entire agreement; severability; waiver

These Terms, together with any signed proposal, constitute the entire agreement between the parties and supersede all prior understandings on the subject. If any provision is held unenforceable, the remaining provisions remain in effect. Failure to enforce any provision is not a waiver of future enforcement.

27. Assignment

The customer may not assign this agreement without Ovation’s written consent. Ovation may assign to an affiliate or successor entity upon notice.

28. Changes to these Terms

Ovation may update these Terms from time to time. The “Last updated” date at the top of this page reflects the latest revision. For ongoing projects, the version in effect at proposal signing governs that project. Continuing to engage with Ovation after an update constitutes acceptance of the updated Terms for future work.

29. Contact

Questions about these Terms? Contact us:

Ovation Contractors LLC
Mount Vernon, NY
Email: info@ovationcontractors.com
Phone: (917) 631-2772