Acceptance of These Terms
These Terms of Service govern your use of this website and the concrete flatwork services offered by UTVALLEY CONSTRUCTION LLC. By visiting this website, submitting a request, accepting an estimate or hiring us to perform work, you agree to be bound by these terms. If you do not agree, please do not use the website and do not engage our services.
We may update these terms from time to time. The version posted on this page at the time of your visit is the version that applies to that visit. For a project we have agreed to perform, the terms in effect when we signed or confirmed the agreement govern that project unless we both agree in writing to a change.
About Our Company
UTVALLEY CONSTRUCTION LLC is a concrete flatwork contractor based in Spanish Fork, Utah, in the United States. We form, place, finish and cure horizontal concrete including driveways, patios, slabs on grade, foundations for outbuildings, garage and shop pads, curbs, sidewalks and repair or resurfacing work. Our address is 1871 E 1550 N, Spanish Fork, 84660-4758, United States (US). Our contact email is estimates@utvalleyconstruction.surf and our telephone number is +6285704317146.
Eligibility to Use This Site
This website is intended for adults who are at least eighteen years of age and who have the legal capacity to enter a contract. By using the site or requesting work, you represent that you meet these conditions. If you are acting for a business, an association or another person, you represent that you have authority to accept these terms on that party behalf.
We provide this website for users located in the United States, primarily in the Utah Valley. We do not represent that the site or our services comply with the laws of every location. If you access the site from elsewhere, you do so on your own initiative and are responsible for compliance with local law.
Scope of Listed Services
The service descriptions on this website are provided for general information. They describe the kinds of flatwork we commonly perform, but they do not promise that every described technique, finish or material is available for every project. The actual scope of work for your project is the scope written in your accepted estimate, proposal or contract, and nothing on this website expands that scope.
Concrete work depends on site conditions that can only be confirmed in person. A description of driveway and patio slabs, foundation flatwork, stamped and colored concrete, garage and shop pads, curb and sidewalk work, or repair and resurfacing is not a guarantee that a particular result can be achieved on a particular site. We reserve the right to decline any project and to recommend a different approach where conditions call for it.
Estimates and Proposals
An estimate is our good faith calculation of the likely cost of work based on the information available at the time. It is not a fixed price unless we expressly state that it is, and it is not an offer that can be accepted to form a contract until it is confirmed in a written agreement. Estimates may change if site conditions, measurements, material prices or the requested scope turn out to differ from what we assumed.
We may prepare a proposal that sets out the scope, the price, the schedule and the payment terms. A proposal becomes binding only when both parties sign it or when we confirm your acceptance in writing. Verbal discussions and preliminary figures are not binding until that point.
Formation of a Contract
A contract between you and UTVALLEY CONSTRUCTION LLC is formed when we have a signed agreement, or when we confirm acceptance of a proposal in writing and you have met any deposit requirement. The contract consists of the accepted proposal, any change orders we both approve, and these terms to the extent they are not inconsistent with the signed documents.
If there is a conflict between documents, the order of priority is the signed change orders, then the signed contract or accepted proposal, then these terms. No employee or representative has authority to vary these terms orally.
Pricing, Deposits and Payment
Prices are stated in United States dollars. Unless the accepted proposal says otherwise, a deposit may be required before we schedule materials and labor. Progress payments may be required as the work advances, and a final payment is due when the work is substantially complete. We may require payment before we strip forms or return for final joint cutting on certain jobs.
Invoices are due on the terms stated in the proposal or invoice. Late amounts may be subject to a service charge where permitted by law. If a payment instrument is returned unpaid, you are responsible for the resulting charges and for the original amount. We may suspend work on an account that is past due, and we may recover reasonable costs of collection where the law allows.
Scheduling and Weather
Concrete placement depends on temperature, wind, precipitation and the readiness of the base and forms. Schedules are therefore good faith targets rather than guarantees. We may move a pour to protect its quality, and we may resequence work if a supplier, hauler or inspector is delayed. We will communicate changes as soon as we reasonably can.
Where a schedule is missed for reasons outside our control, that delay does not by itself give rise to a cancellation right or to a claim for consequential loss. We will make reasonable efforts to recover the schedule and to finish the work in a timely way once conditions allow.
Customer Responsibilities
You agree to provide accurate information about the property, the intended use of the concrete and any known site conditions. You agree to obtain any owner association approval that may be required and to disclose any easement, restriction or covenant that affects the work. You agree to make timely decisions about color, finish, joint layout and similar choices so the schedule can proceed.
You are responsible for removing vehicles, furniture and personal property from the work area before we arrive, and for protecting plantings and surfaces we are not working on. You are also responsible for keeping children and pets away from fresh concrete, open forms and equipment.
Site Access and Conditions
You agree to provide reasonable access for our crew, concrete trucks and material deliveries. If access is limited, we may need to use pumps, wheelbarrows or longer runs, and that can change the price and the schedule. We may need a level area to stage materials and to wash out equipment.
We are not responsible for damage to lawns, landscaping or unimproved surfaces caused by necessary access, by the weight of concrete trucks or by the natural movement of equipment, except where our negligence causes the damage. We will take reasonable care, but access across a site carries some unavoidable risk.
Change Orders
A change order is a written record of a change to the scope, price or schedule of the work. Changes may be requested by you or recommended by us when site conditions differ from what was expected. Work on a change will not begin until the change order is approved, except where an urgent safety or weather situation requires immediate action.
A change order may adjust the price to reflect added or reduced labor, materials and equipment, and may adjust the schedule. Once approved, the change order becomes part of the contract and is binding on both parties.
Materials and Substitutions
We use concrete mixes, reinforcement, form materials, sealers and finishing products suited to the work and the season. From time to time a specified product may be unavailable. In that case we may substitute a product of equal or better suitability, and we will tell you when the substitution is significant.
Concrete is a natural material made from cement, aggregates, water and admixtures. Slight variations in color, texture and surface appearance are normal and are not defects. Colored and stamped concrete in particular can vary in tone across a pour and between pours, and we cannot guarantee an exact color match to a sample or to existing concrete.
Concrete Finish and Tolerance
Flatwork is finished to normal industry tolerances for the type of work specified. A broom finish, a light salt finish, a smooth trowel finish and a stamped finish each have their own expected appearance. Small variations in sheen, texture and shading are characteristic of hand finished concrete and are not grounds for rejection.
Control joints are cut or formed to guide where the concrete cracks. Concrete shrinks as it cures and hairline cracks can appear even in well built work. The purpose of jointing is to keep cracking at the joints, and the presence of a crack outside a joint does not by itself prove faulty workmanship.
Curing and Opening to Traffic
Curing is the process by which concrete gains strength and durability after placement. We will cure the work using methods suited to the weather, which may include curing compound, plastic sheeting, blankets or water. You agree to leave curing protection in place and not to disturb it until we say it can be removed.
We will tell you when the work can be opened to foot traffic and when it can take vehicles. Opening concrete earlier than advised can reduce its strength and can cause surface damage that is not covered by warranty. It is your responsibility to keep traffic off the work until the advised time.
Warranty and Corrections
We warrant that the work will be performed in a workmanlike manner consistent with normal industry standards and the accepted scope. If a condition appears that is covered by this warranty, you agree to notify us promptly and to allow us a reasonable opportunity to inspect and correct the work. This warranty is limited to correction of the work by us or, at our option, to a refund of the amount paid for the affected portion.
This warranty runs for the period stated in your contract, or if no period is stated, for a reasonable period consistent with customary practice in the concrete trade. The warranty applies to the original customer and, where the contract allows, transfers to a subsequent owner for the balance of the period.
Exclusions from Warranty
This warranty does not cover damage or deterioration caused by factors outside our control. Examples include movement of the subgrade caused by water, roots or soil conditions that were not disclosed; damage caused by vehicles or loads heavier than the designed use; deicing salts, chemicals or pressure washing; alterations by others; failure of the customer to follow care guidance; and normal surface wear, hairline cracking or color variation that is inherent in concrete.
The warranty also does not cover work performed on a base that we did not prepare, or over a subgrade that was designed or conditioned by another party, except to the extent we agreed in writing to accept that condition.
Permits, Codes and Inspections
Unless the accepted proposal says otherwise, you are responsible for any permit, owner association approval or right of way authorization required for the work, and for paying any related fee. We are responsible for performing the work in compliance with applicable building codes and with the plans we have been given.
Where an inspection is required, we will cooperate with the inspector and schedule our work so that required inspections can occur. If an inspection reveals a condition outside our scope, we will tell you and may provide a change order to address it.
Utilities and Underground Conditions
You are responsible for identifying and marking any private utility, irrigation line, septic component, fuel line or other buried improvement on the property. Public utilities are typically located through the established one call service, and we will coordinate with that service where required. We are not responsible for damage to a private line that was not disclosed or marked.
Underground conditions such as rock, soft spots, fill, old foundations or high groundwater are not visible before excavation. If we encounter such a condition, we will notify you and may propose a change order to address it properly. Good flatwork depends on a sound base, and we will not pour over a condition that would undermine the work.
Safety on the Job Site
We maintain a safe work area and expect everyone on site to respect the hazards of concrete work, including open excavations, form stakes, fresh concrete, moving equipment and wet surfaces. You agree to keep unauthorized persons, children and pets out of the work area. You also agree to tell us about any site hazard that could affect our crew.
If a condition on site is unsafe, we may stop work until it is corrected. A safety stop is not a breach of contract, and any resulting delay is handled under the scheduling provisions of these terms.
Limitation of Liability
To the fullest extent permitted by law, UTVALLEY CONSTRUCTION LLC is not liable for indirect, incidental, special, consequential or punitive damages arising out of or related to the work or this website. This includes lost profits, lost use, loss of value, and damage to property that is not the subject of the work, even if we were advised that such loss was possible.
To the fullest extent permitted by law, our total liability for any claim arising out of the work or the website is limited to the amount you paid us for the work giving rise to the claim. Some jurisdictions do not allow certain limitations, so part of this section may not apply to you. Nothing in these terms limits liability that cannot be limited by law.
Indemnification
You agree to indemnify and hold harmless UTVALLEY CONSTRUCTION LLC and its members, employees and agents from claims, losses, damages and expenses, including reasonable legal fees, arising from your breach of these terms, your failure to disclose a site condition, your failure to obtain a required approval, or your negligent or unlawful conduct in connection with the work.
We agree to indemnify and hold harmless you from claims arising from our own negligent performance of the work, to the extent required by law and subject to the limitations set out above.
Intellectual Property
All content on this website, including text, images, layout, graphics and code, is owned by UTVALLEY CONSTRUCTION LLC or is used with permission. You may view and print pages for your own non commercial use in connection with considering or managing our services. You may not copy, republish, sell or redistribute the content for commercial purposes without our written permission.
The names, logos and service descriptions used on this site are the property of their respective owners. Nothing on this site grants a license to use a trademark or brand without permission.
Acceptable Use of This Website
You agree to use this website lawfully and not to interfere with its operation. You may not attempt to gain unauthorized access to any part of the site or its systems, introduce malicious code, scrape the site in a way that burdens our servers, or use the site to send unlawful or misleading messages.
We may suspend or block access to the site if we reasonably believe it is being misused. We may change, update or remove any part of the site at any time without notice.
Privacy and Data
Our handling of information is described in our Privacy Policy, which forms part of these terms by reference. In short, we collect only the information needed to respond to your request and to perform work you hire us to do, and we protect it with reasonable safeguards. By using the site, you consent to the practices described in that policy.
Third Party Content and Links
This website may contain links to third party sites or resources. Those links are provided for convenience. We do not control and are not responsible for the content, products, services or privacy practices of third party sites. A link does not imply endorsement, and you follow a link at your own risk.
Force Majeure
We are not responsible for a delay or failure to perform caused by events beyond our reasonable control. Such events include severe weather, flooding, earthquakes, fire, strikes, shortages of labor or materials, utility failures, government action, public health emergencies and other similar occurrences. In such a case, our obligations are suspended for the duration of the event, and the schedule is extended accordingly.
Suspension and Termination
Either party may terminate a contract for material breach if the breach is not cured within a reasonable period after written notice. We may suspend work if a payment is overdue or if a site condition becomes unsafe. If you terminate without cause after work has begun, you agree to pay for work performed, materials ordered and any restocking or return costs we incur.
If we terminate without cause, we will refund any amount you paid for work not performed and materials not ordered, less our reasonable costs. Termination does not affect provisions that by their nature survive, such as payment obligations, warranty, limitation of liability and dispute resolution.
Governing Law and Disputes
These terms and any dispute arising from the work or the website are governed by the laws of the State of Utah, without regard to conflict of law principles. The parties agree to attempt to resolve any dispute through good faith negotiation before pursuing other remedies. If negotiation does not resolve the matter, the dispute will be handled in a court of competent jurisdiction in Utah, and the parties consent to venue there.
Where a claim qualifies for small claims treatment, either party may bring the claim in small claims court. Nothing in this section prevents a party from seeking urgent relief to protect its rights where that is necessary.
Assignment
You may not assign a contract with us without our written consent. We may assign a contract to a successor business or to a party that acquires substantially all of our assets, provided the assignment does not reduce your rights under the agreement. These terms bind and benefit the parties and their permitted successors and assigns.
Severability and Waiver
If any provision of these terms is found unenforceable, the remaining provisions stay in full force, and the unenforceable provision is modified to the smallest extent needed to make it enforceable. Our failure to enforce a provision on one occasion is not a waiver of our right to enforce it later.
Entire Agreement
These terms, together with the accepted proposal and any approved change orders, form the entire agreement between the parties about the work and the website. They replace any earlier understanding or statement on the same subject. A change to these terms is effective only if we post it on this page as described above, or if we both sign a written amendment.
How to Contact Us
Questions about these Terms of Service are welcome. Please contact us using the details below and our team will be glad to help.
UTVALLEY CONSTRUCTION LLC
1871 E 1550 N, Spanish Fork, 84660-4758, United States (US)
Email: estimates@utvalleyconstruction.surf
Phone: +6285704317146
You may also reach us through the contact page of this website. Thank you for taking the time to read these terms.