Urban Concrete & Construction 6565 McCallum Blvd, Unit 156, Dallas, Texas 75252
1. Agreement and Scope of Work
These Terms and Conditions govern all commercial and residential concrete construction, foundation repair, and geotechnical stabilization services provided by Urban Concrete & Construction (“Contractor”) to the client (“Customer”). The specific scope of work, including concrete mix designs, steel reinforcement spacing, and subgrade preparation specifications, is detailed in the individual service agreement.
2. Texas Residential Construction Liability Act (RCLA) Notice
For residential projects, this agreement is governed by the Texas Residential Construction Liability Act. This contract is subject to Chapter 27 of the Texas Property Code. The provisions of that chapter may affect your right to recover damages arising from a construction defect. If you have a complaint concerning a construction defect and that defect has not been corrected as may be required by law or by contract, you must provide the notice required by Chapter 27 of the Texas Property Code to the contractor by certified mail, return receipt requested, not later than the 60th day before the date you file suit to recover damages in a court of law or initiate arbitration. The contractor has 35 days after receiving the initial notice to schedule an inspection of the property and may make a written settlement offer within a 45-day window.
3. Payment Terms
Payment terms are strictly established in the finalized service agreement. Generally, progress payments may be required for larger commercial or extensive residential projects, and final payment is due upon substantial completion of the flatwork or foundation repair. All payments are non-refundable once heavy demolition or concrete pouring has begun. For multi-week installations, progress payments are split evenly by the number of weeks required and are to be paid every Friday. Final engineering reports, compliance documents, or plumbing test verifications will not be released until the final payment is received in full.
4. Differing Site Conditions and Underground Utilities
The Contractor performs geotechnical assessments based on visible conditions and standard municipal utility locates (Texas811). However, the Contractor shall not be liable for any upgrading or relocating of existing underground services that are unmarked, illegally installed, or misidentified by municipal authorities. In excavation and infrastructure work, the owner accepts the risk of encountering differing, unknown, or concealed geotechnical conditions beneath the surface. If severe, unforeseen underground anomalies (such as massive buried debris or hidden subterranean aquifers) are encountered, the Contractor reserves the right to issue a structurally necessary change order.
5. Limited Warranty
All work is completed in a workmanlike manner according to the strict engineering standards of the concrete industry. Urban Concrete & Construction provides specific structural warranties based on the service rendered:
Deep-Drilled Underpinning: Lifetime structural warranty on the installed steel piers against further settlement. This warranty is transferable at no charge to future owners of the structure.
Polyurethane Void Filling: For concrete slabs raised or stabilized with high-density polyurethane foam, the Contractor warrants for a period of two years that the injected area will not settle and cause a trip hazard exceeding 1/4 inch.
Flatwork & Paving: Structural warranties cover the integrity of the 4,000 PSI concrete mix and steel reinforcement against material failure. Warranties do not cover superficial hairline shrinkage cracks, which are a natural characteristic of hydrating concrete.
6. Exclusions of Liability
The Contractor is not liable for any percentage of damages caused by the negligence of a person other than the Contractor, its agents, or subcontractors. Furthermore, the Contractor is not liable for concrete or foundation damage resulting from severe “Acts of God,” including but not limited to catastrophic flash floods, earthquakes, or the natural, extreme shrink-swell forces of Dallas Vertisol clay that occur outside the direct footprint of our structural intervention.