Terms of Service:
Mattingly Concrete Inc. (hereinafter referred to as “MCI”) provides the following information to illustrate that concrete installation is heavy construction, and the process is inherently destructive. Please read carefully all the information herein to ensure that you are prepared for this type of construction process. But if you take away nothing else from this document, at lease be informed that you should NEVER SALT OR DE-ICE YOUR NEW CONCRETE - THIS WILL CAUSE IMMEDIATE DETERORATION. SALTING OR DE-ICING OF CONCRETE VOIDS ANY AND ALL WARRANTIES PURCHASED OR IMPLIED.
Scheduling and Payments:
Any alteration or deviation from the estimated specifications will incur additional costs. Any such costs will be charged in addition to the estimated price and will be processed via a change order by the project coordinator.
Any scheduling changes requested by customer within 3 weeks of commencement could be subject to a $200.00 rescheduling fee.
Deposits:
Non-refundable deposit equaling ten percent of approved estimate value is required for scheduling.
Once a client decides to go with Mattingly Concrete, their Deposits immediately begin to pay for services ranging from project planning and professional services to ordering materials. Hence their non-refundable nature.
Scheduling:
All scheduled dates are tentative and subject to change. The nature of this type of project is such that weather and construction schedules change rapidly, affecting the MCI schedule. The client will be notified of their initial tentative start date and any subsequent schedule changes via the method deemed most expedient by MCI (most often email). Any scheduling conflicts must be submitted in writing and agreed upon in advance of estimate approval.
Completion and signature of MCI’s "New Client Questionaire" is required before project will commence. The "New Client Questionaire" is part of this document and can also be obtained by contacting the MCI office for a mailed or emailed copy. To avoid scheduling delays please make sure the form is filled or returned prior to start date. Upon project commencement if a completed "New Client Questionaire" is not received by MCI, then completion of the form and all requirements therein will be assumed to be complete.
Payments and Milestones:
Fifty percent of remaining balance is due prior to commencement of project.
Once forms have been set, any changes thereafter will be considered a change order and billed accordingly for time and material.
Remaining balance of invoice is due upon completion of project. Project is deemed complete upon removal of wooden form work.
Progressive billing is non-refundable during each phase of the project.
Invoices not paid in full upon project completion are deemed past-due. A finance charge of 1.5% per month will be assessed to all past-due accounts (an annual rate of 18%). The undersigned acknowledges the terms and conditions hereof and assumes responsibility that payment is made in accordance thereof and in the event collection charges are incurred, assumes responsibility for any additional charges including but not limited to attorney’s fees and court costs. Mattingly Concrete Inc. reserves the right to demolish and remove any construction material if invoices are 60 days past due.
The below conditions have been compiled over our company’s thirty four years of experience in concrete construction and contain information on expectations.
Expectations:
“What will happen to my yard?”
The working area will include more than simply the area of final product installation. Accepted estimated prices are contingent upon full and complete access to the entire working area by MCI equipment including Bobcat, Georgia buggy or likewise, and concrete trucks. Any obstruction to this access will incur additional costs and cause delays. Water and electrical sources sufficient for pressure washer, circular saw, electric chipping hammers, drills, and various tools is assumed and required. Use of these sources are to be expected, and insufficient sources must be noted in writing to project coordinator prior to commencement of project. Client is responsible for ensuring that access to the working area is free and clear of debris, valuables, plants, limbs, etc. Client is directly responsible for removal of any items of value within a 10-foot radius of entire jobsite. TO AVOID DELAYS, PLEASE ENSURE THAT THE WORKING AREA IS FREE OF THESE ITEMS PRIOR TO THE START DATE. Client acknowledges that MCI representatives may have to make unscheduled visits to the site during the construction process. Vehicles and valuable items must stay at least 30’ from working area. Dust, concrete splatter, and construction debris may damage items within this area. These items are not the responsibility of MCI. Parking for at least five vehicles and a concrete truck/dump truck are required on every job.
Irrigation is one of the most commonly affected systems damaged during a concrete installation. The utility location services used on MCI projects do not locate or mark any irrigation lines or components. Damage to irrigation systems can happen anywhere on a jobsite, not just the excavation area. Damage by traveling equipment and personnel can also be assumed. Damage to an irrigation system can still occur despite the client attempting the preemptive relocation or removal of irrigation components. THE CLIENT IS RESPONSIBLE FOR CONTACTING AN IRRIGATION SPECIALIST TO ARRANGE REPAIRS OF IRRIGATION COMPONENTS THAT ARE DAMAGED DURING CONSTRUCTION, AND THE CLIENT IS SOLELY RESPONSIBLE FOR THE COST OF REPAIRS. In short, MCI is a concrete company, not an irrigation company, and our personnel are not trained in the recognition or innerworkings of irrigation components.
Every concrete construction project will cause hardscape, lawn, and/or landscaping damage. Any excavation can guarantee tire marks, scratches, yard damage and/or ruts in the path of travel and wide work area. This damage can occur to existing concrete or asphalt surfaces or other hardscapes as well. The project coordinator can issue a change order for the use of plywood at an additional cost to protect against some damage, although this is not guaranteed to prevent all lawn damage and ruts. In any case, plywood cannot be used where any machinery turns. PLYWOOD DOES NOT PREVENT RUTS/SCRATCHES COMPLETELY. MCI uses street brooms and leaf blowers to clean hard surfaces that are used to access the area. Homeowner should expect to pressure wash or clean after the job is complete.
The lawn, shrubbery, flowers, and trees adjacent to the work site may be damaged during the construction process. Client is responsible for transplanting any plants of value prior to commencement. MCI is not responsible for landscaping repairs. Client should expect landscape damage after construction is complete. Client should expect to repair damage to lawn from street to the installation area and the area immediately adjacent to the installation within a 30-foot distance. Additionally, keep in mind that once the concrete has been placed and the forms removed, we have done our job. EXPECT EDGE OF THE CONCRETE TO BE AN UNFINISHED SURFACE UNLESS OTHERWISE SPECIFIED IN THE ESTIMATE. This edge can be covered with mulch or other landscaping material by regrading to the height of the new patio. Construction messes are also covered in this way. Replacement, addition, or re-grading and re-seeding soil is not included in the project. THE CLIENT IS RESPONSIBLE FOR CONTACTING A LANDSCAPER TO ARRANGE REPAIRS TO THE PROJECT SITE AND IS SOLELY RESPONSIBLE FOR THE COST OF REPAIRS. In short, MCI is a concrete company, not a landscape company. MCI does not have relationships with soil providers and our personnel are not trained in choosing, placement, or leveling of different soils for planting, nor in effective seeding, planting, transplanting, or protecting any lawn or landscaping vegetation.
Expectations Continued:
Any concrete project requires excavation of some sort. Any excavation may uncover surprises which are time-consuming both to the client and to MCI. Once the utilities have been marked, Mattingly Concrete Inc. is NOT responsible for any newly-discovered utilities, drain tiles, rotten material of any kind, siding, trim, or any other unforeseen obstacles beneath the ground or adjacent to the work. MCI cannot X-ray any concrete; therefore, any removal of reinforced concrete or concrete with an average thickness of over 5” will incur additional cost and be processed as a change order by the project coordinator.
Private utilities such as sump lines, cisterns, septic tanks, or auxiliary electric lines and invisible dog wires are all subject to damage during any kind of excavation. These lines are not located and marked by Indiana 811. Damage to unmarked utility lines is not the responsibility of MCI to repair. Discovery of unforeseen private utilities may incur additional costs and will be added as a change order by the project coordinator. Cable, data, and tv lines are notoriously found to be very shallow or poured into old concrete during original installation. MCI is not responsible for any costs associated with any outage time. CLIENT MUST ASSUME A DATA OUTAGE MAY OCCUR AT ANY TIME DURRING A PROJECT.
Elevations and shape of new concrete will always change with a new installation. Siding, brickwork, and other monuments may not be lined up as they were prior to installation and often must be adjusted when the concrete project is complete. Siding, no matter the material or substance, will be poured against if needed unless expressly written in advance of acceptance of estimate. CLIENT IS RESPONSIBLE FOR CONTACTING A CONTRACTOR TO ARRANGE REPAIR OR ADJUSTMENT OF ANY EXTERIOR SURFACE AND IS SOLELY RESPONSIBLE FOR THE COST OF THIS SERVICE. This can relate to columns, trim work, vinyl and wood siding, brick, stucco, and molding of any type. In short, MCI is a concrete company, not a general contractor nor a contractor in plumbing, gutter repair, trim carpentry, painting, electrical, or cable TV.
No member of MCI staff is trained in identifying waterproofing issues. If any sort of waterproofing of the home exterior, foundation, or any other surface is of importance to the client, a waterproofing professional must be hired in addition to the concrete project. CLIENT IS RESPONSIBLE FOR CONTACTING A WATERPROOFING PROFESSIONAL IF THEY DEEM NECESSARY. CLIENT IS SOLELY RESPONSIBLE FOR THE COST OF THAT SERVICE AND IS RESPONSIBLE FOR COORDINATING THAT SERVICE WITH MCI DURING THE CONCRETE PROJECT. No MCI installation carries any guarantee for mitigation of waterproofing issues.
When pouring concrete near a home, inherent spatter or spillage will occur. MCI tries to prevent this using plastic, etc. Homeowner should expect to clean with soap and water once forms are removed and job is done.
Any incidental cracking of concrete, masonry, or other surfaces adjacent to the project area which occur during excavation or construction is not a responsibility of MCI. Also, any additional removal of unsuitable soils will incur additional costs to be added as a change order by the project coordinator.
Expectations Continued:
“What can I expect from my concrete?”
Mattingly Concrete Inc. installations will include minimum 4000 psi, fiber-reinforced concrete.
Concrete is an imperfect material, installed in an imperfect environment, with variances in sun, wind, and rain exposure. Each end product is NOT a pre-manufactured good that the installer has complete control over. Therefore, 100% exact uniformity of the final product is next to impossible to achieve.
MCI does not provide structural drawings. Without approved structural drawings provided by the client, it is accepted that MCI is not at fault for any decisions of integrity made in the field.
Once utilities have been marked, utility locations may alter the shape of the installation by changing where stakes and forms can be placed as to prevent damage to utility lines. It is at MCI’s. discretion whether to pour concrete around utility hook-ups: caps, gas meters, etc.
Driveways:
City curbs are not replaced with any driveway or sidewalk in any situation unless billed otherwise. Weak spots and/or damages that may have been un-noticed prior to commencement of the project will be highlighted when work is completed. Ask your city about any repairs needed on curb.
Generall Details:
Large or intricate projects are often completed in multiple pours, colors will vary.
MCI tries to control cracks by proper jointing and use of reinforcement. MCI will place control joints through each project as needed by hand tool or saw-cut. However, concrete DOES crack, winter heaving or sinking, and surface deterioration can never be totally avoided. CRACKING IS INHERENT WITHIN THE NATURE OF CONCRETE AND TO BE EXPECTED, WITHIN OR OUTSIDE OF CONTROL JOINTS. NO AMOUNT OF PREPARATION, REINFORCEMENT OR THICKNESS CAN COMPLETELY PREVENT CRACKING.
NEVER USE ANY SALT OR DE-ICING PRODUCTS ON YOUR CONCRETE SURFACES. These products will cause immediate deterioration of the surface.
Scaling, chipping and pop outs are to be expected, especially on driveways, and are normal within the lifetime of concrete (even within the first year) due to Indiana’s extreme weather conditions and/or road de-icers used by municipalities falling from a car onto the concrete surface. Any concrete less than five years old is especially prone to this type of damage. OFTEN THIS TYPE OF DAMAGE IS SEEN IN THE AREA NEAR THE ROAD, FREQUENTLY USED PARKING AREAS, AND IN THE PATH OF TRAVEL ALONG THE DRIVE. WE DO NOT RECOMMEND PARKING A CAR THAT HAS DRIVEN ON ROADS WHERE DE-ICING AGENTS HAVE BEEN APPLIED ON YOUR DRIVEWAY THE FIRST WINTER AFTER INSTALLATION.
Finishing Detail:
All work to be textured as described in the approved estimate or approved finish plan. Projects without approved finish plan or structural drawings are left to the building discretion of MCI. Client can expect minor inconsistencies in their concrete as with any handcrafted product.
Stamped Concrete:
When stamping concrete, the surface is being stretched to accommodate grout lines and pattern textures being imprinted into the surface. Due to this process, tiny surface cracks are inherent where the pattern is impressed into the surface. These cracks will not affect the integrity of the concrete and are part of normal stamping construction. Colors stamped into the surface may vary slightly from one area to the next depending on variables such as wind, sun, rain, etc. COMPLETE UNIFORMITY IS NOT TO BE EXPECTED. Control joints placed in stamped concrete may not always be in line with the selected pattern, and this is unavoidable.
Exposed Aggregate:
Due to the properties of the mix and the processes involved with exposing aggregate in concrete surfaces complete consistency is next to impossible to achieve. Some areas may be washed deeper or lighter than others depending on the curing process of the concrete. These areas will fade over time and blend with the elements. The process of achieving an exposed aggregate finish requires a fine paste from the surface to be removed with a pressure washer. THE HOMEOWNER SHOULD EXPECT AREAS IN THE IMMEDIATE AREA AROUND AN EXPOSED AGGREGATE JOB TO HAVE DEPOSITS OF SAND AND CEMENT LEFT UPON COMPLETION OF THE PROCESS. Burying this debris with dirt or mulch is the suggested method of mitigation and is the responsibility of the client.
Drains:
Drains within an exterior pad will hold water in heavy downpours and ice during winter months. It is not the responsibility of MCI when this occurs. Drains will need maintenance.
All MCI standard concrete estimates include application of one coat of sealer. Additional sealing after cure time is the client’s responsibility. Most often the curing compound is applied just after the concrete pour. If conditions do not allow for application of the curing compound, expect to clean surface prior to application at a later date. Any staining that occurs to surface before or after application of the curing compound is not the responsibility of MCI. All curing compounds and sealers change the appearance of the concrete. If application of the curing compound cannot be completed immediately due to inclement weather etc. MCI reserves the right to request full payment less $200.00 until application of the curing compound can be made at a later date.
Sealing:
ALL CURING COMPOUNDS AND SEALERS EFFECT CONCRETE DIFFERENTLY. SOME SEALERS MAY ABSORB MORE OR LESS IN DIFFERENT AREAS. THESE SPOTS ARE NORMAL AND INHERENT IN THE SEALING PROCESS AND WILL BLEND TOGETHER OVER TIME WITH SUN, WIND AND RAIN EXPOSURE. All additional applications of curing compound will be processed as a change order and billed at a minimum of $0.45 a square foot.
The most effective way to mitigate surface damage to a new concrete surface is through maintaining penetrating sealer on the surface. Client should abide by sealer manufacturer recommended application process. NEWLY INSTALLED CONCRETE IS INHERENTLY SUSCEPTIBLE TO DAMAGE FROM ANY DE-ICING SOLUTIONS, ESPECIALLY ROAD DE-ICERS.
MCI recommends having concrete surfaces sealed with a penetrating sealer prior to each winter. Any warranties purchased, written or implied, are void if client fails to apply penetrating sealer to the surface annually and to maintain documentation of that application.
Contact the MCI office for a referral for penetrating sealer application on concrete that is showing signs of surface wear and for annual reapplication of sealer.
