Service Agreement

1. Scope of Work

The quoted price includes only the labor, materials, equipment, and services specifically listed in the written quote or proposal.

Any work not specifically listed is excluded. Verbal discussions, walkthrough comments, photos, assumptions, text messages, or customer expectations are not part of the agreement unless they are included in the written quote or approved written change order.

2. Quote Validity

Quotes are valid for 14 days unless otherwise stated. After 14 days, pricing may change due to material costs, labor costs, fuel costs, supplier pricing, schedule availability, or changes in project conditions.

3. Payment Terms

Unless otherwise stated in writing, a 50% deposit is required to schedule work. The remaining balance is due immediately upon substantial completion of the listed scope. Payment may not be withheld for minor punch-list items, cosmetic concerns, yard disturbance, landscaping, restoration work not included in the quote, or work outside the listed scope. Accepted payment methods may include cash, check payable to Nifty Solutions LLC or Flatworx Concrete, Zelle, ACH, or credit card when available. Credit card, ACH, or processing fees may apply.

4. Change Orders

Any work outside the listed quote requires a change order. Change orders may include, but are not limited to:

Additional excavation, extra hauling, added concrete, thicker concrete, added reinforcement, footing work, drainage corrections, unsuitable subgrade correction, utility conflicts, layout changes, customer-requested changes, inspector-required changes, code-required changes, additional mobilizations, or unforeseen site conditions. Change orders must be approved before additional work proceeds.  Written approval may be provided by signed change order, electronic signature, email, text message, Jobber approval, QuickBooks approval, or other written/electronic communication from the customer, property owner, property manager, authorized representative, or decision maker. A text message, email, or electronic approval stating approval of the added work, pricing, scope, or direction to proceed will be considered written authorization for the change order and added charges. Examples of written approval include, but are not limited to: “approved,” “go ahead,” “yes,” “do it,” “proceed,” “that works,” “I approve,” or any similar written confirmation indicating authorization to proceed. Flatworx Concrete may rely on written/electronic approval and is not required to obtain a handwritten signature before proceeding with approved additional work.

5. Existing Conditions and Hidden Conditions

Quotes are based on visible site conditions at the time of estimate. Existing footing, foundation, subgrade, soil, drainage, utility, and structural conditions cannot be fully verified until demolition, excavation, or prep work begins. Flatworx Concrete is not responsible for hidden or pre-existing conditions including, but not limited to: Unsuitable soil, failed base, organic material, buried debris, underground obstructions, private utilities, irrigation, drain tile, electrical lines, gas lines, sewer lines, water lines, foundation defects, failed footings, settlement, prior poor workmanship, or drainage issues not caused by Flatworx Concrete. Any required correction of hidden or unsuitable conditions is excluded from the original quote and will be completed only by approved change order.

6. Footings, Foundations, and Structural Support

Unless specifically listed in the quote, the price does not include footing replacement, frost-depth footing installation, engineering, foundation repair, structural repair, helical piers, underpinning, or correction of existing structural defects. Existing footing and foundation conditions are to be verified after demolition when applicable. Any required footing replacement, frost footing work, structural repair, or unsuitable subgrade correction is excluded unless specifically listed and priced.

7. Permits, Engineering, Inspections, and Code Requirements

Permits, engineering, surveys, inspections, city fees, HOA approvals, ADA upgrades, zoning compliance, and code-required design changes are excluded unless specifically listed in the quote. If a city, inspector, engineer, HOA, property manager, or owner requires changes to the quoted scope, those changes will be priced separately. Customer is responsible for notifying Flatworx Concrete of any permit, HOA, city, or property management requirements before work begins.

8. Utilities and Private Lines

Customer is responsible for identifying, marking, and disclosing all private utilities and underground systems not located by public utility marking services. This includes, but is not limited to:

Irrigation, low-voltage lighting, invisible dog fence, private electrical, gas lines, propane lines, drain tile, downspout lines, sump lines, septic, wells, and any other private underground systems. Flatworx Concrete is not responsible for damage to unmarked or undisclosed private utilities or buried systems.

9. Access and Site Conditions

Quote assumes reasonable access for equipment, trucks, trailers, concrete delivery, demolition, excavation, and material placement.

Restricted access, hand-carry work, excessive slope, soft ground, limited parking, blocked access, tenant coordination, or additional mobilizations may result in additional charges. Customer is responsible for providing access to the work area and removing vehicles, personal items, furniture, planters, decorations, garbage cans, hoses, toys, and other obstructions before work begins.

10. Weather, Scheduling, and Delays

Concrete work is weather-dependent. Schedule may change due to rain, snow, freezing temperatures, excessive heat, supplier delays, equipment breakdowns, labor delays, inspections, site conditions, or other circumstances outside Flatworx Concrete’s control. Flatworx Concrete is not liable for schedule delays caused by weather, suppliers, inspectors, property access, customer delays, material shortages, or conditions outside our control.

11. Concrete Characteristics and Expectations

Concrete is a durable construction material, but it is not perfect, uniform, or maintenance-free. Customer understands that concrete may develop normal cosmetic variations including, but not limited to: Color variation, curing marks, broom variation, surface mottling, small chips, minor scaling, hairline cracks, shrinkage cracks, joint raveling, aggregate exposure, and texture variation.

Flatworx Concrete will use professional placement and finishing practices, but no concrete contractor can guarantee that concrete will never crack, discolor, scale, chip, settle, or be affected by weather, salt, drainage, soil conditions, freeze-thaw cycles, or use.

12. Cracking and Control Joints

Control joints are installed to help guide cracking, but they do not guarantee crack prevention.

Concrete may crack outside of control joints due to shrinkage, settlement, temperature changes, soil movement, loading, drainage, freeze-thaw cycles, or existing conditions. Hairline cracks, shrinkage cracks, and normal concrete movement are not considered defective work.

13. Drainage and Pitch

Flatworx Concrete will make reasonable efforts to pitch concrete away from structures where site conditions allow. Existing grades, door thresholds, steps, garages, sidewalks, driveways, neighboring grades, landscaping, city elevations, and fixed structures may limit achievable pitch. Flatworx Concrete is not responsible for drainage problems caused by existing grades, lack of available fall, surrounding landscaping, blocked drainage paths, gutter discharge, sump discharge, or conditions outside the quoted concrete area.

14. Downspouts, Gutters, and Drainage Lines

Downspout, gutter, sump, or drainage pipe work is excluded unless specifically listed in the quote. If drainage pipe work is included, final routing and discharge location must be verified on site. Flatworx Concrete is not responsible for clogging, freezing, buried obstructions, city drainage restrictions, insufficient existing grade, damage to unmarked utilities, or long-term maintenance of underground drainage lines.

15. Base, Subgrade, and Settlement

Concrete performance depends heavily on the underlying soil and base. Flatworx Concrete is not responsible for settlement or movement caused by unsuitable existing soils, organic material, uncompacted fill, tree roots, water, poor drainage, freeze-thaw movement, erosion, utility trenches, buried debris, or prior work performed by others unless correction of those conditions is specifically included in the quote.

16. Reinforcement

Rebar, wire mesh, fiber, dowels, thickened edges, or other reinforcement will be installed only as listed in the quote. Reinforcement can improve performance but does not eliminate cracking, settlement, movement, or other normal concrete behavior.

17. Demolition and Haul-Off

Demolition includes removal of the listed concrete, asphalt, brick, steps, or other listed materials only. Hidden layers, excessive thickness, buried footings, reinforced concrete, unexpected piers, foundation elements, boulders, contaminated material, or additional debris are excluded and may require a change order.

18. Yard Damage and Restoration

Construction work may disturb grass, landscaping, rock, mulch, irrigation, edging, soil, or surrounding yard areas. Unless specifically listed, final landscaping, sod, seed, black dirt, mulch, decorative rock, irrigation repair, plant replacement, and full yard restoration are excluded. Cleanup includes removal of construction debris and rough grading only unless otherwise specified.

19. Stamped, Colored, or Decorative Concrete

Stamped, colored, stained, exposed aggregate, or decorative concrete may have variations in color, texture, pattern depth, release color, antiquing, sealer appearance, and finish. These variations are normal and are not considered defects. Color charts, samples, and photos are approximate only.

20. Sealer and Maintenance

Sealer appearance and performance can be affected by weather, moisture, temperature, concrete cure, deicing salts, traffic, chemicals, and maintenance. Customer is responsible for proper long-term maintenance, including avoiding deicing salts, harsh chemicals, and improper snow or ice treatment.

21. Winter Conditions and Deicing Salt

Deicing salts and chemical ice melt can damage new concrete, especially during the first winter. Customer agrees not to use salt or harsh deicers on new concrete.Damage caused by salt, deicers, snow removal equipment, metal blades, freeze-thaw exposure, or improper maintenance is excluded.

22. Snow Plows, Heavy Loads, and Use

Customer is responsible for preventing damage from snowplows, skid steers, dumpsters, delivery trucks, lifts, trailers, heavy equipment, sharp blades, dragging objects, or loads beyond the intended use of the concrete. Damage from misuse, heavy loads, impact, scraping, or work by others is excluded.

23. Railings and Metal Work

Railings, handrails, guardrails, post installation, custom fabrication, powder coating, engineering, layout changes, added railing sections, or code-required railing modifications are excluded unless specifically listed in the quote. If railings are included, the quote includes only the railing scope specifically described. Any design changes, inspector-required changes, additional sections, added anchoring requirements, or code-required modifications will be priced separately.

24. Work by Others

Flatworx Concrete is not responsible for work performed by others, including landscaping, plumbing, electrical, excavation, waterproofing, framing, masonry, asphalt, irrigation, gutter, drainage, railing, or other trades unless specifically listed as part of Flatworx Concrete’s scope.

25. Customer Responsibilities

Customer is responsible for providing accurate project information, property access, decision-making authority, payment as agreed, disclosure of known issues, removal of personal property, securing pets, moving vehicles, and ensuring the work area is accessible.

26. Commercial and Multi-Unit Properties

For commercial properties, apartment buildings, rental properties, associations, and multi-unit buildings, the customer, property owner, or property manager is responsible for tenant notification, access coordination, keeping residents away from the work area, and maintaining safe alternate access where required. Flatworx Concrete is not responsible for tenant delays, blocked access, vehicles in the work area, unauthorized foot traffic through fresh concrete, damage caused by residents or third parties, business interruption, loss of use, tenant claims, or additional mobilizations caused by property access issues. Any phasing, barricades, temporary access, after-hours work, additional safety requirements, inspector-required changes, or code-required modifications not specifically listed will be priced separately.

27. Photos and Marketing

Flatworx Concrete may take photos or videos of the work area before, during, and after construction for documentation, quality control, marketing, website, social media, and portfolio use. Customer names, private information, and interior/private areas will not be intentionally disclosed without permission.

28. Warranty and Workmanship

Flatworx Concrete stands behind its workmanship. Warranty coverage, if applicable, is limited to workmanship defects caused by Flatworx Concrete. Warranty does not cover normal concrete cracking, hairline cracks, cosmetic variation, discoloration, salt damage, scaling from deicers, settlement from soil conditions, drainage issues caused by existing grades, damage by others, heavy loads, abuse, lack of maintenance, freeze-thaw damage, acts of God, or pre-existing conditions.

29. Limitation of Liability

Flatworx Concrete’s liability is limited to the amount paid for the specific portion of work giving rise to the claim. Flatworx Concrete is not responsible for incidental, indirect, consequential, delay-related, loss-of-use, tenant-related, business interruption, or punitive damages.

30. Collections and Late Payments

Final payment is due upon completion unless otherwise stated.Unpaid balances may be subject to late fees, collection costs, filing fees, attorney fees, court costs, and any other costs allowed by law. Flatworx Concrete reserves the right to stop work, delay scheduling, withhold further service, or pursue available legal remedies for nonpayment.

31. Mechanic’s Lien Rights

Flatworx Concrete reserves all lien rights available under Minnesota law or applicable state law. Where required, mechanic’s lien notices, lien waivers, and statutory notices shall be handled according to applicable law.

32. Entire Agreement

The written quote, this Service Agreement, and any written change orders make up the full agreement between the parties.

No verbal statement, text message, assumption, or prior discussion changes the agreement unless confirmed in writing by Flatworx Concrete.

33. Acceptance

Approval of a quote, payment of deposit, written approval by text or email, electronic acceptance, or allowing work to begin confirms acceptance of the listed scope, price, payment terms, and this Service Agreement.

34. Contact

For questions about this Service Agreement, contact:

Flatworx Concrete / Nifty Solutions LLC
Phone: 612-814-7947
Email: flatworxmn@gmail.com
Website: www.flatworxconcretemn.com