Right On Time Restoration

This section defines the financial responsibilities of the property owner and the working relationship with insurance carriers.

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• Financial Responsibility: The property owner (client) is solely and ultimately responsible for the full payment of all services rendered by Right On Time Restoration. While we work closely with your insurance carrier and may accept direct payment assignments, the client remains responsible for any outstanding balances, including deductibles, depreciation, co-pays, and non-covered items.

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• Independent Contractor Status: Right On Time Restoration is an independent, third-party contractor. We are not employees, agents, or representatives of your insurance company. Our scope of work and invoices are based on industry standards and the actual cost of restoration services in the Florida market.

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• Deductibles: We are required to ensure the client's deductible is collected. Adjustments or waivers of deductibles are prohibited by law and are not practiced by our company.

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• Estimate Fluctuations: Estimates provided are based on the industry-standard software (e.g., Xactimate) and the damage visible at the time of the initial assessment. It is standard for the final scope and cost to change due to unforeseen, hidden damage (e.g., mold behind walls or structural issues). We will communicate any necessary "supplements" (changes in scope) to both you and your insurance adjuster immediately.

This section defines the services we provide and the responsibilities of the client during the restoration process.

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A. Service Agreement and Scope of Work

 

• The Agreement: The specific details of the restoration work (the "Work") will be defined in a separate, written Service Authorization Agreement, Work Authorization, or Estimate ("Contract") signed by both the Client and the Company. These Terms are incorporated into and form part of every such Contract.

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• Change Orders: Any changes, additions, or deviations from the original scope of work must be documented in a written and signed Change Order. The Change Order will include the adjusted cost, materials, and time frame, and must be approved by the Client before the additional work begins.

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• Concealed Conditions: The agreed-upon price is based on visual inspection. If, during the course of the Work, the Company discovers concealed or unknown conditions (such as hidden damage, structural defects, or code violations) that necessitate extra labor or materials, the Company will notify the Client. This additional work will be billed as a Change Order, and the Client agrees to be responsible for these costs.

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B. Client Responsibilities and Access

 

• Access: The Client must provide the Company and its subcontractors with safe and reasonable access to the property and the work area during regular business hours, and at other times as mutually agreed upon, until the Work is complete.

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• Utilities: The Client is responsible for ensuring that all necessary utilities (water, electricity, etc.) are made available at the job site at the Client's expense to allow the Company to perform the Work.

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• Personal Property Protection: The Client is responsible for the removal and protection of all personal property, valuables, and sensitive items from the Work area and adjacent areas before and during the restoration process. The Company is not responsible for damage to personal property not properly removed or protected.

This section covers financial obligations, scheduling, and circumstances that may affect project timing.

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A. Pricing and Payment

 

• Initial Deposit: An initial deposit or retainer may be required upon signing the Contract, as specified therein.

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• Invoicing and Payments: The Client agrees to make payments as outlined in the Contract (e.g., progress payments, final payment upon completion). Invoices are due upon receipt unless other terms are specified in the Contract.

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• Late Fees: All payments not received by the due date may be subject to a late fee, up to the maximum rate permitted by Florida law, calculated from the date due until the date paid.

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• Insurance Proceeds (Authorization): If the Work is covered by an insurance policy, the Client hereby authorizes and instructs the insurer to include Right On Time Restoration as a payee on all drafts, checks, or payments issued for the Work performed under the Contract. The Client is ultimately responsible for ensuring the full Contract price is paid, regardless of the amount covered by insurance.

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• Right to Stop Work: The Company reserves the right to stop all work and keep the job idle if any payment is not received in full and on time. The time frame for completion will be extended by the time the work was stopped due to non-payment.

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B. Project Delays

 

The Company shall not be held responsible for damages, liabilities, or losses caused by delays resulting from conditions beyond its reasonable control, including but not limited to:

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• Inclement weather or acts of God (e.g., hurricanes, flooding).

• Shortages or delays in materials, equipment, or specialized labor.

• Delays caused by local building or permit inspections.

• Delays caused by the Client, the Client's agents, or other contractors hired by the Client.

This section outlines our liability limits, the guarantee on our work, and the legal framework for the agreement.

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A. Limited Warranty and Disclaimers

 

• Workmanship Warranty: The Company guarantees that all Work will be performed in a good and workmanlike manner, in accordance with industry standards and applicable building codes. We provide a limited warranty on labor for a period specified in the Contract, beginning upon final payment. This warranty is limited to the repair or replacement of defective workmanship.

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• Exclusions: This warranty does not cover:​​

  • Existing defects, such as dry rot or structural defects, that were concealed and not part of the original scope of work.

• Damage caused by subsequent acts of God, abuse, neglect, or lack of maintenance by the Client.

• Defects or damages caused by materials supplied by the Client.

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B. Limitation of Liability

 

The Client agrees that the Company's liability for any and all claims arising out of the performance or non-performance of the Work shall not exceed the total Contract price paid by the Client to the Company. The Company shall not be liable for any indirect, incidental, special, or consequential damages, including loss of use or loss of revenue, arising from the Work.

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C. Governing Law and Dispute Resolution

 

• Governing Law: These Terms and the Contract shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

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• Jurisdiction and Venue: Any legal action or proceeding arising out of or relating to these Terms or the Work must be brought exclusively in the state or federal courts located in Miami-Dade County, Florida. The Client agrees to submit to the personal jurisdiction of these courts.