Terms of Service

1. Acceptance Of These Terms

Use of this website and engagement of GDW Construction LLC for work both constitute acceptance of these terms. A person who does not agree with these terms should not use the website and should not engage the company. Where a signed construction contract exists, that contract governs the work and these terms fill any gap that the contract does not address.

A visitor represents that the visitor is at least the age of majority in the visitor jurisdiction and has the authority to accept these terms. Where a visitor acts for a company, a trust, or an estate, the visitor represents that the visitor is authorized to bind that entity.

2. Description Of Services

GDW Construction LLC provides design-build construction and related services. The six service bays of the company are design-build contracts, steel building erection, barndominium shells, concrete foundations and slabs, agricultural outbuildings, and additions and retrofits. Each bay is described on the services page of this website.

The company works across southern Utah and the nearby Arizona strip. Work outside that area is quoted on a case by case basis. The company reserves the right to decline any project that falls outside its capacity, its insurance, or its licensing.

Nothing on this website is an offer to perform work at a fixed price. Descriptions and examples are informational and may change as the business evolves.

3. Estimates And Quotations

An estimate is an informed opinion about the likely cost and duration of a project. It is based on information that is available at the time it is prepared. A quotation is a firmer statement of price for a defined scope, and it remains open for the period stated on the document.

Estimates and quotations are prepared in good faith but depend on the accuracy of the information provided by the client. If the ground, the access, or the intended use differs from what was described, the company may revise the price or the schedule. A quotation that is not accepted within its stated period may be withdrawn or revised.

Unless a document says otherwise, an estimate does not reserve a crew, a steel package, or a concrete slot. Slots are reserved only when a deposit or a signed contract is in place.

4. Design-Build Contracts

A design-build contract with the company covers drawing, coordination, material procurement, concrete, and erection under one agreement. The contract sets the scope, the price, the schedule, and the payment milestones. It also identifies the drawings that define the work.

The contract supersedes earlier conversations and estimates about the same scope. Where a conflict exists between the contract and this website, the contract controls. The client should read the contract carefully and ask questions before signing.

A design-build contract is not assignable by the client without the written consent of the company. The company may use qualified crew members and subcontractors to complete portions of the work.

5. Client Responsibilities

The client agrees to provide accurate information about the parcel, the intended use, and any known site conditions. The client agrees to disclose easements, restrictions, covenants, and prior work that could affect the project. The client also agrees to obtain any consent needed from a landlord, a lender, or a co-owner.

The client is responsible for removing personal property from the work area and for securing animals, vehicles, and equipment that could interfere with the crew. Where the client engages another contractor for related work, the client is responsible for coordinating that contractor so the schedule holds.

Delay caused by a failure of these responsibilities may lead to a schedule adjustment and to additional cost, which will be documented in a change order.

6. Scheduling And Access

The company schedules work in sequence so that concrete, steel, and sheeting follow one another without idle gaps. A start date is an estimate until the preceding milestones are complete and the site is ready. The company will give reasonable notice of any change to a scheduled date.

The client agrees to provide safe and clear access to the work area during yard hours. If access is blocked, the crew may need to stop work, and the cost of the lost time may be added to the project. Access roads, gates, and staging areas must be usable by delivery trucks and lifting equipment.

The company is not responsible for delays caused by events outside its reasonable control, including weather, supplier shortages, utility conflicts, permit backlogs, or civil disruption.

7. Payment Terms

Payment follows the milestones stated in the contract. A typical package carries a deposit at signing, a progress payment when concrete is complete, a payment when steel is delivered, and a final payment at close-out. Invoices are due within the period stated on the invoice.

Late amounts may carry a service charge where the law allows one. The company may pause work on an account that is past due and may withhold delivery of a package until the account is current. The company does not waive a right to payment by accepting a partial amount.

The client is responsible for any tax that applies to the work. If a card payment is reversed without cause, the company may recover the amount and any related cost that the law permits.

8. Change Orders

A change order records a change in scope, price, or schedule after the original contract is signed. The company does not perform extra work on a handshake. A change is chalked on the yard board and confirmed in writing before the crew proceeds.

A change order states the added or removed cost and the effect on the schedule. Where the effect cannot be known immediately, the change order states how the effect will be measured. Work may continue on unaffected portions of the project while a change is being priced.

A client request that adds a bay, moves a door, or upgrades insulation is a change. So is a site condition that was not visible during the initial walk. Both are handled the same way.

9. Permits And Compliance

The company prepares and submits permit packages where the contract assigns that duty. Permit fees are typically a pass-through cost. The client agrees to cooperate with inspections and to provide any owner information that a building department requires.

Where the client maintains its own permits, the client is responsible for keeping them current. The company is not liable for a stop-work order caused by a lapse outside its control. The company will always work toward a compliant building and will not knowingly conceal a code violation.

10. Materials And Substitutions

Steel, concrete, sheeting, and insulation are specified in the drawings. If a specified item is unavailable, the company may substitute an item of equal or better performance. The company will inform the client of a material substitution and will record it in the job file.

Natural variation in concrete color, steel finish, and sheeting texture is normal and is not a defect. The company does not guarantee an exact color match between separate production runs, although it works to keep a project visually consistent.

11. Weather And Site Conditions

Construction is weather dependent. Frost, wind, rain, and extreme heat all affect the sequence. The company plans around the seasons and uses heated blankets for cold pours, but it cannot promise a specific day when the weather refuses to cooperate.

Subsurface conditions can differ from what a surface inspection suggests. Rock, groundwater, buried debris, or abandoned utilities may be discovered during excavation. Such a discovery is treated as a changed condition and is priced through a change order before the work continues.

12. Workmanship And Warranty

The company warrants its workmanship for a period of one year from substantial completion, unless the contract states a different period. Within that period the company will correct a defect that is caused by its own workmanship at no charge to the client.

The warranty does not cover damage from misuse, neglect, unauthorized alteration, settlement beyond design assumptions, or ordinary wear. Manufacturer warranties on steel, sheeting, and hardware pass through to the client where the manufacturer allows a transfer.

A warranty claim should be reported promptly to build@gdwbuild.hair with a description and, where possible, a photograph. The company will inspect the claim and decide on the appropriate repair.

13. Risk Of Loss

Risk of loss for delivered materials passes to the client when the materials are delivered to the site, unless the contract says otherwise. The client should confirm that the site is insured for materials and for partially completed work. Staged steel in the yard remains under the control of the company until it is delivered.

Where the client stores materials after delivery, the client assumes the risk of damage, theft, or weather loss for those materials.

14. Drawings And Intellectual Property

Drawings, layouts, schedules, and specifications prepared by the company remain the property of the company. The client receives a license to use them for the project and for the maintenance of the completed building. The client may not resell the drawings or use them for a different site without written consent.

Website text, layout, and graphics are the property of the company and may not be copied for commercial use. A client may share a photograph of a completed building, and the company may photograph its own work for its portfolio unless the client requests otherwise in writing.

15. Acceptable Use Of The Website

Visitors agree to use the website for lawful purposes only. A visitor may not attempt to breach the site security, to scrape the site at scale, to submit false information, or to use the contact form to send spam or malicious code.

The company may restrict access to the site where it detects abuse. The company does not guarantee continuous availability and may update or pause the site without notice.

16. Third Party Materials And Links

The website may link to third party resources such as maps, suppliers, or code references. Such links are provided for convenience. The company does not control those resources and is not responsible for their content, accuracy, or availability.

A reference to a third party product is not a guarantee of that product. The client is encouraged to review the terms and warranties of any third party item that is incorporated into a project.

17. Limitation Of Liability

To the fullest extent allowed by law, the company is not liable for indirect, incidental, special, or consequential damages arising from the use of the website or from a project, including lost profit or lost use. The total liability of the company for a project is limited to the amount paid to the company for that project.

Nothing in these terms limits a liability that cannot be limited by law, including a liability for fraud or for a duty that the law treats as non-waivable. Some jurisdictions do not allow certain exclusions, so a portion of this section may not apply to every client.

18. Indemnity

The client agrees to indemnify the company against a claim that arises from the client actions, from information that the client provided incorrectly, or from a hazard that the client created on the site. This includes a claim from a third party who is injured by a condition that the client controlled.

The company agrees to indemnify the client against a claim that arises from the negligent workmanship of the company, to the extent required by law and by the contract. Each party will notify the other promptly of a claim that may trigger this section.

19. Dispute Resolution

The parties will first try to resolve a dispute through direct discussion. If discussion does not resolve the matter, the parties may agree to mediation before a neutral mediator in Kane County, Utah. Mediation is a structured conversation, and its cost may be shared as the parties agree.

If mediation does not resolve the matter, the dispute may be brought in a court of competent jurisdiction as described in the governing law section. Nothing in this section prevents a party from seeking urgent relief to protect safety or property.

20. Governing Law

These terms are governed by the laws of the State of Utah, United States (US), without regard to conflict of law rules. A legal action relating to the website or to a project will be brought in the state or federal courts that serve Kane County, Utah, unless the contract states a different venue.

If a provision of these terms is found to be unenforceable, that provision will be limited to the smallest extent necessary and the remaining provisions will continue in force.

21. Termination

A client may terminate a project as the contract allows. On termination the client pays for work performed, for materials ordered, and for any non-cancellable commitments made on the client behalf. The company may terminate a project for a material breach that is not cured after written notice, or for a safety concern on the site.

Provisions that by their nature should survive termination, including payment, warranty, liability, and governing law, continue to apply after the project ends.

22. Changes To These Terms

These terms may be updated to reflect changes in the business or in the law. When a material change is made, the effective date at the top of this page is revised. A continued use of the website after an update means that the visitor accepts the revised terms.

A signed construction contract is not altered by a change to these website terms. Only a written amendment signed by both parties can alter a signed contract.

23. How To Contact The Company

Questions about these terms may be sent to the company by any of the following methods. The company prefers email because it keeps a clear written record.

• Email: build@gdwbuild.hair
• Telephone: +18577587162
• Postal mail: GDW Construction LLC, 4885 W 5TH Ave, Kanab - 84741-8157, United States (US)
• Website: www.gdwbuild.hair