Construction and Remodeling Terms and Conditions

Terms and Conditions for MYST Construction & Remodeling LLC

Effective date: 09/21/2025

Parties and Scope
These Terms and Conditions ("Agreement") govern the provision of construction, remodeling, repair, and related services ("Services") by MYST Construction & Remodeling LLC ("Contractor," "we," "us") to the client ("Client," "you"). Services are provided in Arizona and governed by Arizona law.
Estimates, Proposals, and Contracts

Estimates or proposals are valid for 30 days unless stated otherwise.
A written contract or signed proposal that identifies scope, price, schedule, payment terms, and materials constitutes the binding agreement. Verbal agreements are not binding unless confirmed in writing.
Additional work or change orders must be approved in writing and may affect price and schedule.

Client is responsible for providing access and property information. Contractor will obtain permits and schedule inspections unless the contract states otherwise. Permit fees and inspection costs are Client’s responsibility unless included in the contract.

Initial deposit: A deposit (typically specified in the contract) is due at contract signing. Work will not commence until required deposits are received.
Progress payments: Payments are due per the schedule in the contract (e.g., milestone, weekly, or draw schedule).
Final payment: Due upon substantial completion and before final lien release.
Payment methods: Accepted methods will be specified. Client is responsible for fees for returned checks or declined transactions.
Late payments: Past-due amounts accrue interest at the lesser of 1.5% per month or the maximum allowed by Arizona law. Contractor may suspend work for nonpayment after written notice.

Any change to scope, materials, or schedule must be documented in a written change order signed by both parties. Change orders may adjust the contract price and completion date.

Completion dates are estimates and may be affected by weather, material delays, subcontractor availability, permit delays, or unforeseen conditions. Contractor will notify Client of significant delays.
Contractor not liable for delays beyond reasonable control.

Client must disclose known site conditions, property boundaries, and presence of hazardous materials (asbestos, lead, mold, underground tanks). If undisclosed hidden conditions are discovered, Contractor will notify Client; additional costs/time will be handled via change order.
Contractor may refuse work if hazardous conditions pose unreasonable risk; remediation will be billed separately.

Contractor may engage subcontractors and suppliers. Contractor is responsible for coordinating subcontractors but is not liable for their independent actions beyond general oversight.
Client agrees Contractor may provide subcontractor and supplier invoices as required.

Contractor warrants that workmanship will be free from defects for a period specified in the contract (1 year) from substantial completion, unless otherwise stated. Manufacturer warranties for materials pass through to Client.
Warranty claims must be made in writing. Contractor’s obligation is limited to repair or replacement of defective work or materials at Contractor’s discretion.
Exclusions: Normal wear and tear, misuse, neglect, unauthorized alterations, and damage from acts beyond Contractor’s control are not covered.

Contractor will maintain general liability insurance and workers’ compensation as required by law. Certificates available upon request.
Limitation of liability: Except for willful misconduct or gross negligence, Contractor’s liability for damages is limited to the contract price or the portion attributable to the claim, and Contractor is not liable for consequential, incidental, or punitive damages.

Client indemnifies Contractor against claims arising from Client-provided information, undisclosed hazards, or Client’s breach of this Agreement.
Contractor indemnifies Client for claims caused by Contractor’s negligent performance.

Contractor and subcontractors have the right to file mechanics’ liens for unpaid amounts as allowed by Arizona law. Client will not withhold final payment to avoid payment for legitimate claims.

Termination for cause: Either party may terminate for material breach if not cured within the notice period specified in the contract.
Termination for convenience: Client may terminate; Client reimburses Contractor for work performed, materials ordered, and reasonable termination charges.
Upon termination, Contractor will deliver work-in-progress and invoices for unpaid amounts.

Parties will attempt to resolve disputes through good-faith negotiation. If unresolved, disputes will be resolved by mediation, then binding arbitration in Arizona under the rules agreed in the contract (e.g., AAA or JAMS), unless parties agree to court action.
Venue and governing law: Arizona law governs. Venue for any judicial action will be in the county where the project is located.

Contractor not liable for delays or additional costs caused by events beyond control (acts of God, strikes, pandemics, supply shortages, new regulations). Parties will negotiate equitable adjustments.

Contractor may take photos for project documentation and marketing unless Client objects in writing. Contractor will maintain confidentiality of Client’s sensitive information except as required by law.

Neither party may assign the contract without the other’s written consent, except Contractor may assign to an affiliate or in connection with a sale of the business.

Notices must be in writing and delivered to the addresses in the contract via mail, email (with delivery confirmation), or certified mail.

If a provision is unenforceable, remaining provisions remain in effect. Failure to enforce a provision is not a waiver of rights.

This Agreement, together with the written contract, plans, specifications, and change orders, constitutes the entire agreement and supersedes prior discussions.

Contact Information

MYST Construction & Remodeling LLC

Address: 26239 N 45th PL AZ 85050

Phone: 602.566.5820

Arizona ROC license #: ROC 361117