RESIDENTIAL TERMS & CONDITIONS
These Residential Terms & Conditions (“Terms”) apply to all residential work performed by Meis Roofing & Construction (“Contractor”) and are incorporated by reference into all contracts, proposals, and agreements.
1. Scope of Work
Contractor shall perform only the work expressly described in the contract and any written attachments (the “Work”).
Any work not specifically listed is excluded. Additional work shall require a written change order and will result in additional charges.
2. Contract Price & Adjustments
The Contract Price includes the Work described and any approved change orders.
For insurance claim projects, the Contract Price may be adjusted to reflect:
- Approved supplements
- Pricing changes (including Xactimate or market conditions)
- Measurement discrepancies or omitted items
Customer agrees to pay the final adjusted Contract Price.
3. Payment Obligations
Customer is responsible for full payment of all amounts due under the contract, regardless of insurance proceeds (if applicable).
Payments shall be made in accordance with the contract terms.
- Past due balances may accrue interest at 18% per annum or the maximum allowed by law
- Customer agrees to pay all reasonable collection costs, attorney’s fees, and enforcement expenses, subject to applicable law
- A 3.75% recovery fee applies to credit/debit card payments
Failure or refusal by Customer to pay insurance proceeds, endorse checks, or otherwise cooperate with payment shall constitute a material breach of the agreement.
4. Insurance Proceeds (If Applicable)
For insurance claim projects:
- Contractor is authorized to communicate with the insurance carrier and submit supplements
- Customer agrees to promptly provide all claim documentation
- Customer agrees to promptly endorse and deliver all insurance payments related to the Work
Customer remains fully responsible for any unpaid balance.
5. Suspension of Work
Contractor may suspend Work without breach for:
- Non-payment
- Failure to provide required approvals or documentation
- Unsafe or inaccessible site conditions
Any resulting delays, demobilization/remobilization costs, or price increases shall be the responsibility of Customer.
6. No Offset or Withholding
Customer’s payment obligations are absolute and unconditional and shall not be subject to offset, withholding, reduction, or back charge unless agreed to in writing by Contractor.
7. Permits, Codes & Compliance
Permits are excluded unless expressly stated in writing.
Customer is responsible for:
- HOA requirements
- Local code restrictions not disclosed prior to contracting
- Any upgrades required due to pre-existing code violations unless included in the Work
8. Site Conditions & Access
Customer shall provide Contractor with reasonable access to the property, including driveways, staging areas, and utilities.
Contractor is not responsible for damage to:
- Driveways, landscaping, or lawns
- Interior or exterior items not removed or secured by Customer
- Vehicles or personal property left in work areas
9. Construction Risks & Limitations
Customer acknowledges that roofing work involves inherent risks, including:
- Vibrations that may cause minor interior cracking, nail pops, or movement of fixtures
- Debris, nails, and temporary jobsite hazards
- Minor cosmetic impacts to gutters, surfaces, or roofing materials
These are normal conditions and not Contractor liability.
10. Pre-Existing Conditions
Contractor is not responsible for:
- Structural defects or hidden damage
- Improper prior construction or installation
- Inadequate ventilation or drainage
- Code deficiencies or pre-existing violations
Repairs to such conditions are not included unless specifically stated.
11. Mechanical Systems & Penetrations
Contractor is not responsible for damage to:
- HVAC, plumbing, gas, electrical, or other systems located within 6 inches of the roof deck
- Improperly installed or unsupported rooftop equipment
- Dislodged or pre-existing unstable penetrations
Customer is responsible for inspection and repair by licensed trades if necessary.
12. Water Intrusion & Non-Covered Conditions
Contractor is not responsible for leaks or damage caused by:
- Areas not replaced by Contractor (chimneys, siding, windows, etc.)
- Improper drainage, ponding water, or clogged systems
- Structural movement or settling
- Severe weather events beyond design conditions
13. Materials & Appearance
- Materials may not immediately seal, lay flat, or appear uniform until weathered
- Minor scuffing or marks from installation are normal
- Excess materials remain Contractor property unless otherwise agreed
14. Warranty
All Work is subject to Contractor’s Limited Transferable Project Warranty, available at:
https://meisroofing.com/limited-transferable-project-warranty
Warranty is:
- Limited to repair of workmanship-related leaks only
- Conditioned upon full payment
- Void if Work is altered or repaired by others
Contractor is not responsible for interior damage, mold, or consequential damages.
15. Customer Maintenance Responsibilities
Customer is responsible for:
- Maintaining roof drainage systems (gutters, valleys, etc.)
- Ensuring proper ventilation
- Preventing damage from third-party work or modifications
- Promptly reporting issues
Failure to maintain the roof may void warranty coverage.
16. Mechanic’s Lien Rights & Payment Security (Texas Chapter 53)
NOTICE TO OWNER:
Under Texas law (Texas Property Code Chapter 53), Contractor and its subcontractors, laborers, and material suppliers may have the right to file a mechanic’s and materialman’s lien against the property if they are not paid.
Contractor is entitled to rely on this Contract as a direct agreement with the property owner for purposes of establishing lien rights.
Customer agrees:
- To pay Contractor in full for all labor and materials furnished
- To cooperate in providing any information reasonably necessary for Contractor to preserve lien rights
- That Contractor may send notices required by law to protect its lien rights
Failure to pay amounts due under the Contract may result in:
- Filing of a mechanic’s lien against the property
- Legal action to foreclose the lien
- Additional costs, including legal fees, interest, and expenses
Contractor may file an affidavit of lien without further notice upon non-payment, as permitted by Texas law.
Customer acknowledges that payment to Contractor is required to avoid lien claims, regardless of disputes with insurance carriers or third parties.
17. Cancellation
Customer may cancel within three (3) business days as required by law.
After this period, cancellation may result in liquidated damages and associated costs as defined in the contract.
18. Limitation of Liability
To the fullest extent permitted by law:
- Contractor’s liability is limited to the repair of defective workmanship
- Contractor is not liable for indirect, incidental, or consequential damages
19. Entire Agreement
These Terms, together with the contract and all incorporated documents, constitute the entire agreement between the parties.
