TERMS, CONDITIONS & GUARANTEE

Definitions
"Bruck Construction," "we," "us," or "our" means Bruck Construction, located at 1556 Clara St., Columbus, OH 43211. "You," "your," "Customer," or "Owner" means the individual or entity that signs the Bid Proposal, or the general contractor or authorized agent contracting for the work on the Owner’s behalf. "Bid Proposal" means the written estimate and scope of work provided by Bruck Construction to which these Terms, Conditions & Guarantee (the "Agreement") are attached or incorporated by reference. Together, the Bid Proposal and this Agreement constitute the entire agreement between the parties.
 

Asphalt Guarantee

Bruck Construction guarantees labor and installed asphalt materials against breakup for a period of one (1) year from the date of completion.

This guarantee does not cover:

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• Markings from sharp-pointed objects, tire marks due to vehicle use prior to or after curing, or stains or deterioration caused by drippings from solvents and/or gas;

• Heaving of asphalt, subgrade failure, settling, or expansion cracks due to the freeze-thaw weather cycle or tree root growth;

• Damage caused by acts of customers or third parties; and/or

• Driveways or parking lots requested and/or produced at a depth less than three (3) inches before compaction.

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You acknowledge that asphalt is a machine-laid surface with resulting seams that are sometimes noticeable, and that the surface texture of hand-laid areas, if any, may not be as uniform as machine-laid areas due to hand-raking.
Bruck Construction shall not be liable for pavement cracking from weather cycles and/or water ponding or retention in surrounding areas of patching due to current land grades or approved construction plans. For clarification, on flat asphalt surfaces, water will not drain unless there is one and one-half inches (1.5") of graded slope for every ten (10) feet of asphalt.
Any request made to Bruck Construction by the property owner, general contractor, or their respective authorized supervisory employees to ignore the standard practices and procedures stated in these conditions automatically negates the warranty stated above.

Concrete Guarantee

Bruck Construction guarantees labor and installed concrete materials against defects in workmanship for a period of one (1) year from the date of completion.

This guarantee does not cover:

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• Cracking. Concrete is a rigid material that will crack. Control joints and/or expansion joints are installed to influence where cracking occurs but do not prevent it. Hairline cracks, shrinkage cracks, and cracks occurring at or radiating from control or expansion joints are inherent to concrete and are not considered defects;

• Surface variations, including color and shade variation, minor finish or texture differences between placements, and efflorescence (a natural white, powdery mineral deposit);

• Scaling, spalling, pitting, or surface deterioration caused by the application of de-icing salts, chemical deicers, or fertilizers. You acknowledge that Bruck Construction recommends against the use of any de-icing agents on newly placed concrete, particularly during the first winter season, and that clean sand should be used for traction instead;

• Heaving, subgrade failure, settling, or movement due to the freeze-thaw weather cycle, expansive or unstable soils, or tree root growth;

• Damage caused by acts of customers or third parties, including but not limited to loading the surface with vehicles or weight prior to full cure; and/or

• Flatwork requested and/or produced at a thickness less than four (4) inches for residential applications or six (6) inches for vehicular/commercial applications, as specified in the Bid Proposal.

 

You acknowledge that concrete requires curing time before use, and you agree to keep the surface free of foot traffic for a minimum of twenty-four (24) hours, free of vehicle traffic for a minimum of ten (10) days, and free of heavy or continuous loads for a minimum of twenty-eight (28) days following placement.
Bruck Construction shall not be liable for cracking, movement, or water ponding resulting from existing subgrade conditions, existing land grades, approved construction plans, or drainage in surrounding areas.
Any request made to Bruck Construction by the property owner, general contractor, or their respective authorized supervisory employees to ignore the standard practices and procedures stated in these conditions — including requests to reduce thickness, omit or reduce reinforcement, omit or reposition joints, or place concrete in adverse weather conditions — automatically negates the warranty stated above.

Sealcoat Guarantee

Bruck Construction also guarantees sealers, both asphalt emulsions and blended sealers, from chipping and peeling for a period of one (1) year from the date of completion.

Your driveway should not be seal coated for a minimum of 3 months after installation. We highly recommend waiting until the year following installation, if possible. Sealing before the asphalt has cured and released its curing oils can leave the surface soft or tacky and shorten the life of the pavement. Bruck Construction inspects the surface and performs sealcoating only after confirming the pavement has cured; scheduling is based on inspection rather than a fixed calendar date.

This guarantee does not cover:

Wearing of sealer due to, and adherence of sealer on, oil drippings, hydraulic drippings, tree sap, and similar materials; and/or
damage caused by acts of customers or third parties.

Drainage

Bruck Construction grades and installs each surface with the goal of positive drainage and strives to achieve proper drainage on every project. However, because drainage depends on existing site grades, surrounding areas, landscaping, and other conditions outside Bruck Construction’s control, and because no paved surface is a perfectly flat plane, Bruck Construction strives for proper drainage but does not and cannot fully guarantee it.

Acceptable standing water is measured against recognized industry tolerances. Minor low areas that pool water up to approximately one-quarter inch (1/4") deep, and that drain or evaporate within twenty-four (24) hours of a rain event, are within industry tolerance and are not considered defects. This is commonly verified by the industry-standard "quarter test": if a US quarter placed in the low area is no longer covered by water twenty-four (24) hours after a rain event, the surface drains within tolerance.

Water that drains, even slowly, is draining and is not ponding. If it clears within the tolerances above and leaves no significant sediment behind there is no issue. Sediment is a reliable indicator of true ponding: an area of slow drainage leaves no meaningful buildup of material on the surface once the water has drained or evaporated, whereas true ponding can leave behind a significant deposit of fine silt or sand. Slow drainage that meets these conditions is not a defect. Additionally, freshly laid asphalt will off gas pertroleum products for months after install. This is why you will commonly see a rainbow affect after a rain. However, this release of petroleum products causes a tension on the surface, which can slow drainage.  This is common, and is often the reason that what initially appears to be an issue, resolves itself over time.    
 

General Warranty Provisions

The following provisions apply to all guarantees set forth in this Agreement (Asphalt, Sealcoat, and Concrete):
 

Claim Procedure. All warranty claims must be submitted to Bruck Construction in writing within the applicable warranty period and must describe the alleged defect with reasonable detail. Bruck Construction shall have the right to inspect the work before any remedy is undertaken, and you shall provide reasonable access for that purpose.
 

Exclusive Remedy. Your sole and exclusive remedy under any guarantee in this Agreement is the repair or replacement of the affected work; the manner in which the remedy is achieved is at Bruck Construction’s option. Bruck Construction shall not be liable for cash refunds, diminution-in-value claims, or the cost of work performed by others without Bruck Construction’s prior written authorization.
 

Contingent on Payment. The guarantees set forth in this Agreement are contingent upon Bruck Construction’s receipt of final payment in full. The warranty period becomes effective when both 1) we have achieved project completion and 2) payment has been receive in full. 
 

Non-Transferable. The guarantees run to the original Customer only and are not transferable. They terminate automatically upon sale or transfer of the property.
 

No Other Warranties. Except as expressly stated in this Agreement, Bruck Construction makes no other warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose.
 

Right to Subcontract

Bruck Construction may perform the work with its own forces or through subcontractors of its choosing, in whole or in part. Bruck Construction remains responsible to you for the work performed under this Agreement, and all guarantees, warranties, and remedies stated in this Agreement run to and from Bruck Construction. No contractual relationship exists between you and any subcontractor. You agree to direct all questions, requests, change orders, scheduling, and warranty claims to Bruck Construction, and not to any subcontractor or its personnel.
 

Terms

This Agreement shall consist of the terms stated herein and in the Bid Proposal. Further, you acknowledge that the Bid Proposal constitutes an estimate for the purposes of Ohio’s Consumer Sales Practices Act. Upon receipt of the Bid Proposal, you have two (2) weeks to consider its terms and accept the proposal. Upon executing and providing the Bid Proposal to Bruck Construction, you have three (3) business days from the date of the Bid Proposal to cancel this Agreement. A Notice of Cancellation will be provided. It may be submitted by signing and mailing it to Bruck Construction at 1556 Clara St., Columbus, OH 43211, or by taking a photo of or scanning it and submitting it to Bruck Construction by email at info@bruckconstruction.com.
 

Acceptance

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Authorization of the Bid Proposal — whether by signature, electronic acceptance, or written or verbal direction to proceed — constitutes your acceptance of these Terms, Conditions & Guarantee.
 

Changes & Change Orders

Field measurement may occur at any time, and any change in specifications, areas, tonnage, or gallonage of materials used will correspond with a change in price. However, and notwithstanding anything herein to the contrary, no price increase may occur without your prior written consent before any such cost is incurred. As indicated in the Bid Proposal, one (1) mobilization charge is included in the price; this charge covers the additional costs of mobilization. The parties may agree to a "Change Order" that is mutually agreed upon in writing. Any Change Orders are also governed by these Terms and Conditions. Any price increases and/or additional mobilization charges shall be set forth on an applicable Change Order. This Agreement shall not be subject to change or modification other than by a writing to which both parties agree. The parties may agree to modify the terms via email or other written form.
 

Material Price Escalation

The Bid Proposal price is based on the cost of liquid asphalt, cement, aggregate, fuel, and other materials in effect on the date of the Bid Proposal. If, between the date of the Bid Proposal and the date the work is performed, the published cost of any such material increases by more than five percent (5%) as measured against the applicable Ohio Department of Transportation (ODOT) price index or a comparable published index, Bruck Construction may pass through the amount of that increase by written Change Order. Bruck Construction will provide documentation of the index change upon request. This provision does not apply where work is performed within thirty (30) days of the Bid Proposal date.
 

Subgrade & Unforeseen Site Conditions

The Bid Proposal assumes that the existing subgrade is suitable to receive the specified installation and that the site is free of concealed obstructions. If, upon excavation or during the course of the work, Bruck Construction discovers unsuitable soils, inadequate or unstable base, buried debris, concealed structures, high groundwater, or other conditions that were not reasonably ascertainable at the time of the Bid Proposal, Bruck Construction will notify you and the additional labor, materials, equipment, and disposal required to address such conditions shall be added to the price by written Change Order before the affected work proceeds.

Utility Locates

Bruck Construction will request public utility locates through the Ohio Utilities Protection Service (OUPS / 811) prior to any excavation. You are responsible for locating and marking all private, non-member utilities and improvements, including but not limited to private electric, gas, and low-voltage lines, irrigation and sprinkler systems, invisible pet fencing, septic components, and private drainage. Bruck Construction shall not be liable for damage to any private utility or improvement that was not located and marked prior to the commencement of work.
 

Payment, Deposits, Late Fees & Default

Payment shall occur as set forth in the Bid Proposal, and the price provided in the Bid Proposal is based on the specifications and estimates set forth therein. Unless otherwise stated in the Bid Proposal, a deposit may be required to schedule the work, and on larger projects payment may be structured as progress draws tied to completion milestones. Where the Bid Proposal or a commercial contract provides for retainage, retainage shall be released within thirty (30) days of substantial completion of Bruck Construction’s scope, less any amounts reasonably in dispute.
 

If payment is not made in accordance with the Bid Proposal, a late fee in the amount of ten percent (10%) of the amount due shall be assessed. In addition, if any payment due hereunder is not made when due and such failure continues for a period of five (5) days after receipt of notice from Bruck Construction, it shall constitute a default. Upon default, the entire amount due under the Bid Proposal shall be accelerated and become immediately due and payable, and said amount shall bear interest at a rate of eighteen percent (18%) per annum. In the event any collection efforts are required, the prevailing party shall be entitled to recover its reasonable attorney fees and court costs, if any, incurred in connection with such collection efforts.
 

Additional Charges

Additional charges, set forth in an applicable Change Order, include but are not limited to: the need for additional permits; extra equipment time, materials, or labor; correction of subgrade that does not meet acceptable specifications or requirements for installation; and any extra services or materials requested in writing by the owner, general contractor, or their respective authorized supervisory employees. Further, Bruck Construction reserves the right to refuse additional equipment time, materials, or labor if it would interfere with previously scheduled work.
 

Bruck Construction’s Right to Terminate

Bruck Construction retains the right to terminate this Agreement at any time. Upon notice of termination, you shall be responsible for all services performed and all materials purchased and delivered through the date of termination.
 

Limitation of Liability

Bruck Construction shall not be held liable for damage to the areas surrounding your driveway or parking lot due to poor subgrade, moisture, or other unforeseen circumstances. Bruck Construction shall not be liable for any special, indirect, incidental, consequential, or punitive damages, and shall be liable only for direct damages solely caused by Bruck Construction. Bruck Construction shall not be liable for damage to adjoining concrete flatwork by installation equipment during standard installation procedures.
 

Unless otherwise expressly noted in the Bid Proposal, this Agreement excludes the following: permits, excavation, staking, material testing, sod restoration and landscaping, manhole / catch basin / gate valve adjustments or repairs, vegetation removal, SAC/WAC charges, and dewatering.
 

Scheduling, Time of Performance & Force Majeure

Any dates or timeframes for the work are estimates only and are not guaranteed. Bruck Construction schedules and sequences work based on weather, the availability of its crews and subcontractors, material availability, and other work in progress, and the start and completion of your work may be delayed, sometimes significantly and sometimes on short notice, as a result. Time is not of the essence in this Agreement.
Bruck Construction shall not be liable for any delay in scheduled service caused by weather, fire, or other casualty or act of God; by the availability of Bruck Construction’s crews or subcontractors; by inability to obtain materials or supplies; by governmental control of the subject property or other interference; or by other regulations, restrictions, or conditions over which Bruck Construction has no reasonable control. No such delay shall constitute a breach of this Agreement or entitle you to damages, and Bruck Construction will resume and complete the work as soon as reasonably practicable.
 

Access to the Job Site

You grant Bruck Construction a revocable license coupled with an interest during the performance of its service to enter upon the premises for the performance of the work between 6:00 a.m. and 8:00 p.m., Monday through Friday, for the duration of Bruck Construction’s service. Said license terminates upon completion of the services and/or termination of this Agreement.
 

Customer Responsibilities
 

Prior to the scheduled work, you are responsible for: (a) removing all vehicles, trailers, boats, basketball hoops, planters, toys, and other personal property from the work and access areas; (b) securing pets and children away from the work area; (c) trimming or removing low tree limbs and vegetation that would obstruct trucks or equipment; (d) keeping the work area clear and accessible during the license hours stated above; and (e) obtaining any homeowners association, architectural review, or similar approval required for the work. If the work area is not ready and the crew cannot proceed, or the crew is turned away or delayed through no fault of Bruck Construction, an additional mobilization charge and rescheduling shall apply as set forth on an applicable Change Order.
 

Equipment Access & Existing Conditions

The work requires the use of heavy trucks and equipment. You grant Bruck Construction and its subcontractors reasonable access to and across the property to perform the work. You acknowledge that some disturbance along the access and staging route — including tire impressions or minor rutting in lawn or soft ground, and incidental contact with existing pavement — is a normal and unavoidable part of the work and is not a defect. Except to the extent caused by Bruck Construction’s failure to use standard care, Bruck Construction is not responsible for damage to existing driveways, driveway aprons, curbs, garage floors/aprons, sidewalks, or other surfaces that must be crossed or staged upon to reach the work area, nor for damage to underground or concealed features (such as sprinkler lines, drain tile, septic components, pet containment systems or private utilities) that were not marked in advance as provided in the Utility Locates section. You are responsible for identifying to Bruck Construction, in advance and in writing, any fragile or sensitive feature along the access route.
 

Care of Newly Installed Surfaces

You are responsible for the proper care of newly installed surfaces. Newly installed asphalt should not be driven on for three (3) days following installation. For new asphalt, also avoid turning vehicle wheels while stopped, parking in the same spot repeatedly, and placing point loads (such as jack stands, motorcycle kickstands, or trailer jacks) on the surface during the initial curing period, which may be up to one year. For new concrete, observe the curing and loading restrictions stated in the Concrete Guarantee and avoid the use of de-icing agents. Bruck Construction is available to provide written care guidance upon request. Failure to observe reasonable care instructions may void the applicable guarantee.
 

Conditions

The prices, specifications, and conditions above and in the Bid Proposal are satisfactory and are hereby accepted. Bruck Construction is contracted to provide the specified service, and the stated payment terms are agreed upon. All material is guaranteed to be as specified. All work is to be completed in a workmanlike manner in accordance with standard construction practices. Any deviation from the Bid Proposal or extra work will be executed only upon the orders of the owner or owner’s agent and may become an extra charge over and above this Agreement, as set forth in a Change Order. Immediately prior to and throughout the service provided, you shall maintain typical property insurance levels for your jurisdiction that would be required by a typical retail financial institution to finance the purchase of your property.
 

Customer Rights & Cancellation

As noted, the Bid Proposal you received and executed is the estimate provided by Bruck Construction for the service outlined thereon. You have the right to cancel this transaction at any time prior to midnight of the third business day after the date of this transaction by executing and delivering to Bruck Construction the attached Notice of Cancellation. Upon receipt of the Notice of Cancellation, Bruck Construction will return 100% of any deposit or property within ten (10) business days. If cancellation is made after midnight of the third business day after the date of this transaction, and Bruck Construction has not commenced work, Bruck Construction is entitled to retain ten percent (10%) of the Total Price as liquidated damages. Upon any payment by the Customer, Bruck Construction shall provide a written, detailed receipt as confirmation of the payment.
 

Photography, Marketing & Electronic Communications

Photography & Marketing. You grant Bruck Construction permission to photograph/video the in process and completed work and the exterior of the property for the limited purposes of documentation, quality control, and marketing (including its website and social media). Bruck Construction will not disclose your full street address in public marketing materials without your consent.
 

Electronic Signature & Communications

 

You agree that this Agreement and any Change Orders may be executed and delivered electronically, and that electronic signatures shall have the same force and effect as original signatures. You further consent to receive notices and communications regarding the work by email and text message at the contact information you provide.
 

Miscellaneous

(i) If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. (ii) This Agreement shall be governed in all respects by the laws of the State of Ohio. (iii) The parties agree that the venue for any dispute shall be the appropriate state and federal courts located in Franklin County, Ohio. (iv) This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous negotiations, agreements, proposals, representations, and understandings, written or oral, of either or both parties in connection with the subject matter hereof.

Notice of Lien Rights

Any person or company supplying labor or materials for improvements to your property may file a lien against your property if that person or company is not paid for their work. 

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