Terms of use | Hamal Devlopment

1. Acceptance of Terms By accessing or utilizing the services ("Services") offered by Hamal Builders LLC DBA "Hamal Development" ("Hamal Development," "we," or "us"), you ("Client" or "User") acknowledge and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please refrain from using our Services.

2. Scope of Services Hamal Development provides a range of construction and development services. The specific nature, extent, and limitations of the Services for each project will be outlined in separate, project-specific agreements. We reserve the right to modify, adapt, or discontinue any aspect of our Services at our discretion and without prior notice.

3. Project Execution

General Approach: Hamal Development endeavors to approach each project with professionalism and attention to detail. However, the methods, techniques, and procedures employed are determined on a case-by-case basis and may vary. Specific commitments regarding project execution will be detailed in individual project agreements.
Permits and Licenses: While Hamal Development may assist in the facilitation of necessary permits and licenses, the ultimate responsibility for obtaining and maintaining these permits and licenses rests with the Client, unless explicitly stated otherwise in the project-specific agreement.

4. Client Responsibilities

Site Access and Conditions: The Client is expected to provide access to the project site as required. Ensuring that the site is prepared and free from hazardous conditions is the Client's responsibility unless otherwise agreed upon in writing.
Information and Approvals: Timely provision of relevant information, decisions, and approvals necessary for project progression is expected from the Client. Delays or additional costs arising from the Client's failure to fulfill these obligations may result in adjustments to the project timeline and/or costs.

5. Payment Terms

Fees and Expenses: Compensation structures, including fees and reimbursable expenses, will be specified in individual project agreements. Hamal Development reserves the right to adjust fees in response to changes in project scope or unforeseen circumstances.
Payment Schedule: Invoices will be issued as per the schedule outlined in the project-specific agreement. Payments are expected within the timeframe specified therein. Late payments may incur interest charges and could lead to suspension of Services until the account is settled.
Non-Payment Consequences: In the case of non-payment, Hamal Development reserves the right to establish a lien on the property for any unpaid amounts, in accordance with applicable laws. Clients acknowledge that failure to pay may result in legal actions and additional costs, including attorney fees and court expenses.

6. Content Ownership and Third-Party Materials

Company Content: All content provided on our website, including but not limited to text, graphics, logos, images, and software, is the property of Hamal Development or its content suppliers and is protected by applicable intellectual property laws.
Third-Party Content: Our website may include content owned by third parties, such as articles, images, or links to external websites ("Third-Party Content"). Hamal Development does not claim ownership of such Third-Party Content and provides it solely for informational purposes or as a convenience to our users.
User-Generated Content: If users submit content to our website, such as comments or feedback, they grant Hamal Development a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, adapt, publish, and display such content.

7. Change Orders Modifications to the project scope or specifications may be necessary. Such changes will be documented through written change orders, outlining any adjustments to project costs and timelines. Hamal Development reserves the right to accept or decline change requests at its discretion.

8. Limitation of Liability To the fullest extent permitted by law, Hamal Development shall not be liable for any damages, accidents, injuries, or losses that may occur on the project site or as a result of our services. Clients agree that all construction-related risks are inherent and acknowledge that they are responsible for securing adequate insurance to cover potential damages.

9. Indemnification The Client agrees to indemnify and hold harmless Hamal Development, its affiliates, employees, and subcontractors from any claims, damages, or expenses arising out of the Client's actions, omissions, or breach of these Terms.

10. Insurance Hamal Development maintains insurance coverage as deemed appropriate for its operations. Clients are encouraged to secure their own insurance policies to cover potential risks associated with their projects.

11. Environmental Compliance The Client is responsible for ensuring that the project site complies with all environmental laws and regulations. Any costs associated with environmental remediation are the responsibility of the Client.

12. Termination

For Cause: Either party may terminate a project-specific agreement if the other party materially breaches its obligations and fails to remedy the breach within a reasonable timeframe.
For Convenience: Either party may terminate the agreement for convenience by providing written notice. The Client will be responsible for payment of all services rendered and expenses incurred up to the termination date.

13. Dispute Resolution Any disputes arising from or related to these Terms or the Services provided shall be resolved through negotiation between the parties. If a resolution cannot be reached, the dispute may be submitted to mediation or arbitration.

14. Governing Law These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Hamal Development operates, without regard to its conflict of law principles.

15. Confidentiality Both parties agree to maintain the confidentiality of proprietary or sensitive information disclosed during the course of the project, except as required by law or as necessary to perform the Services.

16. Safety Compliance Hamal Development follows all OSHA regulations and industry safety standards. The Client is responsible for ensuring that the worksite complies with all necessary safety guidelines.

17. Subcontracting Hamal Development reserves the right to subcontract any portion of the Services. We will ensure that any subcontractors are qualified and adhere to the standards set forth in these Terms.

18. Warranties Hamal Development warrants that all work will be performed in a workmanlike manner and in accordance with industry standards. Any specific warranties will be detailed in the project-specific agreement.

19. Force Majeure Hamal Development shall not be liable for delays or failures in performance resulting from events beyond its reasonable control, including but not limited to natural disasters, acts of government, labor disputes, or other unforeseen circumstances.

20. Entire Agreement These Terms, along with any project-specific agreements, constitute the entire understanding between Hamal Development and the Client, superseding all prior discussions and agreements.

21. Utility Disruptions Hamal Development is not responsible for any utility disruptions caused by the construction process. Clients should coordinate with local utility providers for necessary approvals.

22. Code Compliance All work performed by Hamal Development will comply with applicable local, state, and federal building codes.

23. Waste Management Clients are responsible for waste disposal unless otherwise agreed upon in the project-specific agreement.

24. Unforeseen Conditions Hamal Development is not responsible for unforeseen conditions such as hidden structural issues or hazardous materials encountered during construction.

25. Access to Property Clients must provide reasonable access to the property for construction work to proceed as scheduled.

26. Weather Delays Delays caused by severe weather conditions are beyond Hamal Development’s control and may require scheduling adjustments.

27. Third-Party Approvals Clients are responsible for obtaining approvals from homeowners' associations, historical commissions, or other governing bodies.

28. Contact Information For inquiries regarding these Terms of Service, please contact us at: info@hamaldevelopment.com