Terms and Conditions
1. Introduction and Agreement
Welcome to Own Restoration LLC. These Terms and Conditions (“Terms”) govern the provision of roofing, siding, gutter installation, and general restoration services by us to you.
By signing a contract, approving an estimate, or allowing us to commence work on your property—whether via our website https://ownrestorationky.com/, by telephone, or in person—you agree to be bound by these Terms. These Terms form a legally binding contract between the Property Owner (“Customer”, “You”) and the Contractor (“Own Restoration LLC”, “We”, “Us”).
2. Definitions
- “Contractor”: Own Restoration LLC, operating from 215 Noel Ave, Frankfort, KY 40601.
- “Customer”: The legal owner of the property or the authorized agent acting on behalf of the owner.
- “Project”: The installation, repair, or restoration services described in the Estimate or Contract.
- “Estimate”: The preliminary calculation of the cost of the Project.
- “Insurance Contingency”: A clause stating that the Project is contingent upon the Customer’s insurance carrier approving the claim for the scope of work described.
3. Scope of Work and Estimates
3.1. Work Description
We will perform the work as described in the written Estimate or Contract. Any work not specifically listed in the Estimate is not included in the price. Verbal agreements or promises made by sales representatives are not binding unless they are written into the Contract.
3.2. Material Matching
We will make every reasonable effort to match existing materials (shingles, siding, gutters) in color and texture. However, the Customer acknowledges that exact matching is not always possible due to:
- Manufacturer discontinuation of products.
- Fading and weathering of existing materials.
- Batch variations in new materials. We are not liable for slight color or texture variations between new and existing materials.
3.3. Change Orders
Any changes to the scope of work requested by the Customer after the Contract is signed must be agreed upon in writing via a “Change Order.” This Change Order will detail the additional work and the associated costs. We will not proceed with extra work until the Change Order is signed by the Customer.
4. Insurance Claims and Restoration
4.1. Insurance Contingency
If the Project is part of an insurance claim (e.g., storm damage restoration), this Agreement is contingent upon your insurance carrier approving the claim. If the insurance carrier denies the claim or approves an amount insufficient to cover the cost of repairs, the Customer may cancel this Agreement without penalty, provided no work has commenced.
4.2. Supplements
Insurance adjusters often miss damage during their initial inspection. If we discover additional damage during the Project that was not included in the initial insurance scope (e.g., damaged flashing or additional layers of shingles), we will file a “Supplement” with your insurance carrier. The Customer agrees to cooperate with us in submitting these supplements to ensure the insurance carrier covers the full cost of restoration.
4.3. Deductibles
It is illegal under Kentucky law and Federal law for a contractor to pay, waive, rebate, or absorb the Customer’s insurance deductible. The Customer is legally responsible for paying their full deductible amount to Own Restoration LLC. Any tailored marketing or offer that suggests “free roofs” or “waived deductibles” is strictly prohibited and does not form part of our policy.
4.4. Payment of Insurance Proceeds
The Customer agrees that all proceeds received from the insurance carrier for the scope of work performed by Own Restoration LLC are held in trust for the Contractor. The Customer agrees to endorse and release all insurance checks to Own Restoration LLC within three (3) business days of receipt.
5. Unforeseen Conditions (Hidden Damage)
5.1. Decking/Sheathing
Our roofing estimates typically include the removal of existing shingles and the installation of new ones. They do not automatically include the replacement of rotten or damaged decking (the wood layer beneath the shingles) unless specifically noted.
- If we discover rotten, delaminated, or non-compliant decking after removing the old roof, we will document the damage with photos and notify the Customer immediately.
- Replacement of damaged decking will be charged on a “per sheet” or “per linear foot” basis at the rate specified in the Contract or at our standard market rate. This is a mandatory safety requirement; we cannot nail new shingles into rotten wood.
5.2. Structural Defects
We are not responsible for existing structural defects in the building, such as sagging rafters, improper framing, or foundation issues, unless rectifying these issues is explicitly part of the scope of work.
6. Payment Terms
6.1. Payment Schedule
Unless otherwise agreed in writing, payment terms are as follows:
- Deposit: A deposit (typically 30-50%) may be required upon signing the Contract to schedule the work and order materials.
- Progress Payments: For large commercial projects, progress payments may be required as milestones are reached.
- Final Payment: The final balance is due immediately upon Substantial Completion of the Project. Substantial Completion is defined as the point where the roof/siding is installed and watertight, even if minor punch-list items remain.
6.2. Financing
If the Customer is funding the Project through a third-party financing partner (as advertised on our website), the Customer authorizes us to communicate directly with the lender to facilitate payouts.
6.3. Late Fees
Any invoice not paid within 30 days of the due date will accrue interest at a rate of 1.5% per month (18% per annum) or the maximum rate permitted by Kentucky law, whichever is less.
6.4. Collection Costs
The Customer agrees to pay all costs incurred by Own Restoration LLC in collecting overdue payments, including reasonable attorney’s fees, court costs, and collection agency fees.
7. Mechanics Lien Warning
IMPORTANT NOTICE TO PROPERTY OWNER: Under Kentucky law, persons or companies performing construction work or supplying materials to your property have a right to file a Mechanics Lien against your property if they are not paid. If invoices remain unpaid for more than 30 days after the completion of work, Own Restoration LLC reserves the right to file a lien against the property to secure payment. We strongly encourage prompt payment to avoid this legal action.
8. Scheduling and Site Access
8.1. Dates
Start and completion dates are estimates only. Roofing is an exterior trade heavily dependent on weather. We are not liable for delays caused by:
- Rain, snow, ice, or high winds.
- Material shortages or supply chain disruptions.
- Acts of God or other Force Majeure events.
8.2. Driveway Access
The Customer grants us permission to access the driveway with heavy trucks and dumpsters. While we take precautions (such as placing wood under dumpster wheels), we are not liable for damage to driveways (cracking, marking) caused by the weight of delivery trucks or dumpsters, provided we have operated with reasonable care.
8.3. Satellite Dishes
We may need to detach satellite dishes to replace the roof. We will reattach the dish to the roof, but we are not responsible for realigning the signal. The Customer may need to contact their service provider to recalibrate the signal at their own expense.
9. Customer Responsibilities (Pre-Construction)
To ensure the safety of your property and our crew, the Customer agrees to:
- Secure Interior Items: Roofing causes vibrations. The Customer must secure loose items on shelves, walls, and ceilings (e.g., chandeliers, mirrors, collectibles). We are not responsible for interior items falling due to normal construction vibrations.
- Protect Exterior Items: Remove patio furniture, potted plants, and vehicles from the immediate work zone (perimeter of the house).
- Pets and Children: Keep children and pets indoors or away from the work area while our crews are present. Debris can fall from the roof during tear-off.
- Landscaping: While we use tarps and magnets to protect the lawn, minor damage to flowers or shrubbery is sometimes unavoidable during a major construction project. We are not liable for minor landscaping damage unless caused by gross negligence.
10. Warranties
10.1. Workmanship Warranty
Own Restoration LLC provides a Workmanship Warranty (typically 2, 5, or 10 years, as specified in your Contract) covering defects in our installation labor.
- If a leak occurs due to improper installation within the warranty period, we will repair it at no cost to you.
- This warranty is transferable one time to a new homeowner if we are notified in writing within 30 days of the property sale.
10.2. Manufacturer Warranty
Roofing materials (shingles, membranes) are covered by the manufacturer’s warranty (e.g., GAF, Owens Corning).
- We will register this warranty on your behalf.
- Manufacturer warranties strictly cover material defects and do not cover labor unless a specific “System Plus” or “Golden Pledge” warranty was purchased.
10.3. Exclusions
Our warranty does not cover leaks or damage caused by:
- Foot traffic on the roof by persons other than Own Restoration LLC employees.
- Installation of satellite dishes, solar panels, or HVAC units by third parties.
- Storm damage (hail, wind) occurring after the installation.
- Lack of maintenance (e.g., clogged gutters causing ice dams).
11. Termination and Cancellation
11.1. Federal Cooling-Off Rule
If this Contract was signed in your home (or anywhere other than our permanent place of business), you have a right under the Federal Trade Commission (FTC) Cooling-Off Rule to cancel this transaction within three (3) business days from the date of the transaction. To cancel, you must provide written notice to us at info@ownrestorationky.com or our physical address.
11.2. Cancellation After 3 Days
If the Customer cancels the Contract after the 3-day cooling-off period but before work begins, the Customer is liable for 25% of the Contract price as liquidated damages to cover administrative costs, restocking fees, and lost scheduling opportunities.
11.3. Cancellation For Cause
We reserve the right to terminate the Contract if the Customer fails to make payments, refuses access to the site, or creates a hostile work environment. In such cases, the Customer is liable for the value of all work performed and materials ordered up to that point.
12. Limitation of Liability
12.1. Mold and Mildew
We are not liable for mold, mildew, or fungal growth existing in the property prior to our work, or for mold that develops due to pre-existing ventilation issues not addressed in the scope of work.
12.2. Indemnification
The Customer agrees to indemnify and hold Own Restoration LLC harmless from any claims, damages, or expenses arising out of the Customer’s breach of this Agreement or negligence.
13. Governing Law and Dispute Resolution
13.1. Law
This Agreement shall be governed by the laws of the Commonwealth of Kentucky.
13.2. Dispute Resolution
In the event of a dispute arising out of this Agreement, the parties agree to attempt mediation in good faith before filing a lawsuit. If mediation fails, any legal action must be brought in the courts located in Franklin County, Kentucky.
13.3. Right to Cure
Under Kentucky law, before the Customer initiates any legal action alleging defective construction, the Customer must provide Own Restoration LLC with written notice of the alleged defect and a reasonable opportunity to inspect and cure (repair) the defect.
14. Contact Information
If you have any questions regarding these Terms and Conditions, please contact us:
- Company Name: Own Restoration LLC
- Address: 215 Noel Ave, Frankfort, KY 40601, United States
- Email: info@ownrestorationky.com
- Phone: (866) 493-7738
15. Entire Agreement
This document, combined with the specific Estimate/Contract signed by the Customer, constitutes the entire agreement between the parties. No other verbal representations, promises, or warranties apply.