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These Contract Terms & Conditions are in addition to the Communication / SMS Terms of Service set out further below on this page.
These Terms and Conditions, together with the estimate, proposal, scope of work, specifications, selections, approved change orders, and other documents incorporated by reference (collectively, the “Contract”), constitute the agreement between High & Tight Roof & Remodel (“Contractor”) and the customer/property owner (“Customer”).
Customer represents that Customer is the owner of the property identified in the Contract or has legal authority from the owner to authorize the work and enter into this Contract. Customer agrees to pay all amounts due under the Contract.
If the property is a Texas homestead and signatures or other documentation are required by applicable law, Customer agrees to reasonably cooperate in completing such documentation.
Contractor shall perform only the labor, materials, and services expressly identified in the written scope of work, estimate, proposal, or approved change order.
Contractor is not responsible for investigating, diagnosing, correcting, or advising Customer concerning conditions or components outside the contracted scope of work unless Contractor expressly agrees in writing to perform those services.
No representation by Contractor that a particular repair or improvement may help an existing condition constitutes a guarantee that the work will eliminate a condition originating from another component, system, design condition, or source.
Unless otherwise stated in the Contract, a 50% deposit is due before commencement of work, and the remaining balance is due upon Substantial Completion.
For insurance-related projects, unless otherwise stated in writing, Customer’s insurance deductible plus insurance Actual Cash Value (“ACV”) proceeds received or available to Customer are due before commencement of work. All remaining amounts, including recoverable depreciation, approved supplements, Customer-selected upgrades, change orders, and other amounts properly due under the Contract, are due upon Substantial Completion or as otherwise stated on an invoice.
Customer’s obligation to pay Contractor is governed by this Contract and is not contingent upon the amount, timing, approval, processing, or release of insurance proceeds, mortgage-company funds, recoverable depreciation, supplements, or other third-party payments.
Customer remains responsible for the full amount properly due under the Contract regardless of whether an insurance carrier, mortgage company, lender, or other third party delays, reduces, denies, or fails to release funds.
“Substantial Completion” means the contracted work has been completed to the point that the improvement can reasonably be used for its intended purpose, notwithstanding minor punch-list, warranty, inspection, administrative, insurance, supplement, or corrective items that do not materially prevent such use.
Minor punch-list or warranty items do not relieve Customer of the obligation to pay amounts otherwise due. Contractor will address legitimate warranty or punch-list items in accordance with this Contract.
Work performed by separate subcontractors or trades, such as gutters, painting, HVAC, interior work, screens, fencing, or other ancillary work, does not delay Substantial Completion of the primary roofing project unless the Contract expressly states otherwise.
Amounts not paid when due constitute a past-due balance.
To the extent permitted by applicable law, an unpaid amount shall accrue interest beginning when legally permitted at the lesser of one and one-half percent (1.5%) per month or the maximum lawful rate.
Customer shall also be responsible for reasonable costs of collection, court costs, and attorneys’ fees to the extent recoverable under applicable law.
Contractor’s acceptance of a partial payment does not constitute a waiver of Contractor’s right to collect the remaining balance.
Customer understands that insurance coverage is determined exclusively by Customer’s insurance policy and insurance carrier.
Contractor is not an insurance company, public adjuster, or representative of Customer’s insurance carrier and does not guarantee coverage, claim approval, supplement approval, depreciation release, or payment by any insurer.
Customer is responsible for communicating with and following up with Customer’s insurance carrier and mortgage company regarding claim status, depreciation, supplemental payments, mortgage endorsements, and release of insurance proceeds unless Contractor expressly agrees otherwise in writing.
Contractor may, when legally permitted, provide estimates, photographs, measurements, invoices, completion documentation, or other information concerning Contractor’s work to Customer or Customer’s insurance carrier. Providing such information does not make Contractor responsible for administering Customer’s insurance claim.
Failure of an insurance carrier or other third party to pay or release funds does not relieve Customer of Customer’s payment obligations under this Contract.
Insurance estimates frequently change after construction begins or after previously concealed conditions become visible.
When additional work is reasonably necessary to complete the contracted project, comply with applicable requirements, address concealed conditions, or perform work included in an insurance-approved supplement, the Contract price may be adjusted accordingly.
Any Customer-selected upgrade, additional work, or material not included in the original scope may result in an additional charge.
Insurance approval of a supplement does not itself require Contractor to perform work outside Contractor’s agreed scope. Additional work must be performed or otherwise incorporated into the Contract before the corresponding charge becomes due.
[THIS ENTIRE NOTICE MUST APPEAR IN AT LEAST 12-POINT BOLDFACE TYPE ON APPLICABLE CONTRACTS.]
Texas law requires a person insured under a property insurance policy to pay any deductible applicable to a claim made under the policy. It is a violation of Texas law for a seller of goods or services who reasonably expects to be paid wholly or partly from the proceeds of a property insurance claim to knowingly allow the insured person to fail to pay, or assist the insured person’s failure to pay, the applicable insurance deductible.
Contractor will not knowingly waive, absorb, rebate, credit, or otherwise assist Customer in avoiding payment of an insurance deductible in violation of Texas law.
Customer understands that conditions may exist that cannot reasonably be discovered until roofing materials, siding, decking, flashing, wall coverings, or other existing materials are removed.
Such conditions may include, without limitation, deteriorated or inadequate decking, framing, rafters, fascia, soffit, siding, flashing, structural components, multiple layers of roofing, improper prior construction, water damage, electrical or plumbing conditions, abandoned equipment, inadequate ventilation, code-related conditions, or other hidden defects.
Customer authorizes Contractor to perform up to $500 of reasonably necessary decking, sheathing, framing, fascia, soffit, or similar concealed-condition repairs without obtaining additional advance authorization.
If reasonably necessary concealed-condition work is expected to exceed $500, Contractor will attempt to obtain Customer authorization before proceeding.
Contractor may perform temporary or emergency work reasonably necessary to protect the structure from weather, water intrusion, structural damage, or other immediate harm without prior authorization when waiting for authorization would reasonably risk additional damage.
Additional work will be charged in addition to the original Contract price.
Changes to the original scope may result in adjustments to the Contract price and completion schedule.
Customer authorizes Contractor to rely upon written approvals communicated by Customer or Customer’s authorized representative, including approvals by signed change order, email, text message, electronic signature, or other written electronic communication.
Verbal authorization may be relied upon when immediate action is reasonably necessary, but Contractor may request written confirmation.
Roof replacement or repair does not constitute an inspection, certification, or warranty of the property’s framing, structural design, insulation, ventilation, HVAC system, moisture control, building envelope, electrical system, plumbing system, or other components outside Contractor’s scope of work.
Contractor is not responsible for pre-existing building-design, structural, environmental, or mechanical conditions, including but not limited to:
inadequate attic or roof-cavity ventilation; insufficient air space; insulation deficiencies; excessive interior humidity; HVAC conditions; moisture migration; condensation; inadequate vapor control; structural movement; improper framing; prior construction defects; or conditions caused by components outside Contractor’s scope.
A change in roof material, roof color, reflectivity, ventilation, or other roofing component may affect temperatures or building conditions. Unless expressly stated in the Contract, Contractor does not warrant that a particular roofing product, color, ventilation method, coating, or roofing system will correct condensation, humidity, insulation, HVAC, or other building-performance issues.
Contractor is responsible only for work expressly included in Contractor’s scope.
Customer understands that existing roof decking may not be fully visible until tear-off.
Where existing decking is retained at Customer’s request or Contractor’s scope does not include full decking replacement, Contractor does not warrant the condition, structural adequacy, fastening, spacing, or future performance of existing decking.
Conditions caused by inadequate, deteriorated, improperly installed, or structurally deficient existing decking are excluded from Contractor’s workmanship warranty unless Contractor expressly replaced the affected decking and the condition resulted from Contractor’s workmanship.
Roofing, siding, demolition, loading, fastening, and construction activities create vibration.
Customer is responsible for removing or securing pictures, mirrors, decorations, valuables, light fixtures, fragile objects, and other items that may fall or become damaged because of ordinary construction vibration.
Contractor is not responsible for damage to such items caused by normal construction vibration unless caused by Contractor’s negligence or as otherwise required by law.
Removal and installation of roofing, flashing, siding, or related components may disturb existing stucco, paint, siding, trim, masonry, coatings, or other finishes, particularly where existing materials were improperly installed, deteriorated, adhered to roofing components, or cannot reasonably be separated.
Unless expressly included in the scope of work, Contractor is not responsible for repairing or matching incidental cosmetic damage to such existing finishes resulting from reasonably necessary performance of the contracted work, except to the extent otherwise required by law.
Customer shall provide Contractor reasonable access to the property and work areas during the project.
Customer shall provide reasonable access to electrical power and water at the property at no additional charge during performance of the work.
Customer is responsible for moving vehicles, outdoor furniture, grills, decorations, potted plants, toys, and other movable property away from designated work areas when requested.
Contractor will exercise reasonable care but is not responsible for damage resulting from Customer’s failure to move or protect items after being requested to do so.
Contractor may order materials in quantities reasonably necessary to account for waste, breakage, installation requirements, minimum order quantities, color matching, or availability.
Unless expressly purchased by Customer as a separately identified item, unused or surplus materials remaining after completion belong to Contractor and may be removed from the property.
Customer has no ownership claim to Contractor’s surplus materials merely because material quantities were estimated or delivered to the jobsite.
Contractor is not responsible for manufacturer, distributor, transportation, or industry-wide material shortages or delays beyond Contractor’s reasonable control.
Warranties covering shingles, membranes, coatings, accessories, or other manufactured products are provided by the applicable manufacturer and are subject to that manufacturer’s terms, exclusions, registration requirements, and limitations.
Contractor does not independently warrant a manufacturer’s product against manufacturing defects unless expressly stated in writing.
Contractor will reasonably cooperate with Customer in documenting a potential manufacturer warranty claim relating to materials installed by Contractor, but Contractor does not guarantee manufacturer approval or payment.
Unless a different workmanship warranty is expressly stated in the signed Contract, Contractor provides the following workmanship warranties:
FULL ROOF REPLACEMENT — FIVE (5) YEARS
A full roof replacement performed by Contractor carries a five-year workmanship warranty covering defects caused by Contractor’s installation workmanship.
ROOF OR CONSTRUCTION REPAIRS — ONE (1) YEAR
Repair work carries a one-year workmanship warranty covering the specific area and work actually repaired or replaced by Contractor.
A repair does not create a warranty for surrounding roofing, adjacent components, pre-existing materials, or portions of the property that Contractor did not repair or replace.
MOBILE HOMES — NINETY (90) DAYS
All workmanship performed on a mobile or manufactured home carries a 90-day workmanship warranty unless a different warranty is expressly stated in the signed Contract.
If the signed proposal, scope of work, or Contract expressly states a different workmanship warranty for a particular project or portion of work, the specifically stated warranty controls.
Contractor’s workmanship warranty covers defects resulting from Contractor’s workmanship only.
Unless expressly stated otherwise in writing, the workmanship warranty does not cover damage, leakage, deterioration, or failure caused by conditions outside Contractor’s workmanship, including but not limited to:
storms, hail, wind, hurricanes, tornadoes, lightning, flooding, fire, falling objects, tree damage, animals, pests, acts of God, structural movement, settlement, foundation movement, framing movement, inadequate or deteriorated decking, pre-existing conditions, condensation, excessive humidity, inadequate ventilation, insulation deficiencies, HVAC conditions, plumbing, electrical systems, satellite dishes, antennas, solar equipment, equipment installed by others, third-party penetrations, modifications or repairs by others, manufacturer defects, lack of maintenance, abuse, misuse, or conditions outside Contractor’s scope.
Sealants, caulking, coatings, exposed fasteners, pipe boots, and similar maintenance items may naturally deteriorate and should be inspected periodically. Ordinary deterioration of maintenance items is not necessarily a workmanship defect.
Warranty coverage applies only to the specific work performed by Contractor.
Customer must provide Contractor reasonable notice of an alleged workmanship defect and a reasonable opportunity to inspect and, when covered, correct the condition before Customer hires another contractor to perform corrective work, except in a genuine emergency requiring immediate action to prevent substantial additional damage.
Unauthorized alteration or repair of Contractor’s work by another person may void warranty coverage for the affected area to the extent the alteration prevents Contractor from determining the cause of the condition or causes or contributes to the claimed problem.
Contractor is not responsible for reasonable delays caused by weather, material shortages, supplier delays, labor availability, permitting, inspections, insurance carriers, mortgage companies, Customer-requested changes, concealed conditions, acts of God, governmental action, events beyond Contractor’s reasonable control, or Customer’s failure to timely provide selections, approvals, access, or payment.
Estimated scheduling and completion dates are estimates unless the Contract expressly guarantees a specific completion date.
Customer consents to Contractor contacting Customer by telephone, text message, and email regarding estimates, scheduling, material selections, project status, inspections, invoices, payments, collections, warranty matters, and other communications reasonably related to the project or Customer’s account.
Customer may separately consent to review requests or promotional communications. Customer may request that optional promotional communications stop.
A request to stop promotional communications does not prohibit Contractor from contacting Customer regarding an active project, warranty issue, legal notice, outstanding balance, collection matter, or other transaction-related communication as permitted by law.
Before engaging another contractor to repair an alleged defect in Contractor’s work, Customer shall provide Contractor reasonable written notice and an opportunity to inspect and cure the alleged defect when required or permitted by applicable law, except where immediate emergency measures are reasonably necessary to prevent additional damage.
Nothing in this provision limits any non-waivable right provided by Texas law.
[THE FOLLOWING NOTICE SHOULD APPEAR IN AT LEAST 10-POINT BOLDFACE TYPE OR THE COMPUTER EQUIVALENT.]
THIS CONTRACT IS SUBJECT TO CHAPTER 27 OF THE TEXAS PROPERTY CODE. THE PROVISIONS OF THAT CHAPTER MAY AFFECT YOUR RIGHT TO RECOVER DAMAGES ARISING FROM A CONSTRUCTION DEFECT. IF YOU HAVE A COMPLAINT CONCERNING A CONSTRUCTION DEFECT AND THAT DEFECT HAS NOT BEEN CORRECTED AS MAY BE REQUIRED BY LAW OR BY CONTRACT, YOU MUST PROVIDE THE NOTICE REQUIRED BY CHAPTER 27 OF THE TEXAS PROPERTY CODE TO THE CONTRACTOR BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, NOT LATER THAN THE 60TH DAY BEFORE THE DATE YOU FILE SUIT TO RECOVER DAMAGES IN A COURT OF LAW OR INITIATE ARBITRATION. THE NOTICE MUST REFER TO CHAPTER 27 OF THE TEXAS PROPERTY CODE AND MUST DESCRIBE THE CONSTRUCTION DEFECT. IF REQUESTED BY THE CONTRACTOR, YOU MUST PROVIDE THE CONTRACTOR AN OPPORTUNITY TO INSPECT AND CURE THE DEFECT AS PROVIDED BY SECTION 27.004 OF THE TEXAS PROPERTY CODE.
Where Texas Business & Commerce Code Chapter 601 or another applicable law provides Customer with a statutory right to cancel this transaction, Contractor will provide Customer the notices and cancellation forms required by applicable law.
For transactions subject to Chapter 601, Customer may cancel the transaction before midnight of the third business day after the date of the transaction as provided by Texas law.
NOTICE FOR TRANSACTIONS SUBJECT TO CHAPTER 601:
YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.
When this statutory cancellation right applies, the required Notice of Cancellation forms shall be attached to the Contract.
Nothing in this Contract creates a cancellation right beyond a right provided by applicable law unless Contractor expressly agrees otherwise in writing.
After expiration of any applicable statutory cancellation period, Customer may not cancel the Contract without Contractor’s written agreement.
If Contractor agrees to a Customer-requested cancellation after that period, Customer shall be responsible, to the extent permitted by law, for work already performed, materials specially ordered or purchased for the project that cannot reasonably be returned without cost, permit or administrative expenses actually incurred, restocking charges actually incurred, and other reasonable costs incurred by Contractor in reliance upon the Contract.
Contractor will not impose a cancellation charge prohibited by applicable law.
Contractor will obtain permits expressly included within Contractor’s scope.
Code requirements, inspection requirements, or governmental conditions that could not reasonably be determined before work begins may result in additional work and charges.
Unless expressly stated otherwise, the Contract price does not include correction of pre-existing code violations or conditions outside Contractor’s original scope.
Customer authorizes Contractor to photograph and document the property and work for project administration, estimating, insurance documentation, quality control, warranty records, and Contractor’s business records.
Contractor may use non-identifying photographs of completed work for portfolio or marketing purposes unless Customer requests otherwise in writing. Contractor will not intentionally publish Customer’s private personal information in connection with such use.
This Contract shall be governed by the laws of the State of Texas.
Any venue provision, lien right, collection remedy, or dispute procedure shall remain subject to any mandatory provision of Texas law that cannot lawfully be waived by contract.
The Contract constitutes the agreement between Contractor and Customer regarding the work described therein and supersedes prior oral discussions concerning that scope.
No modification is binding unless authorized in accordance with this Contract.
If any provision of this Contract is determined to be invalid or unenforceable, that provision shall be enforced to the maximum extent legally permitted, and the remaining provisions shall remain in effect.
Contractor’s failure to immediately enforce a provision does not constitute a permanent waiver of that provision.
By signing the Contract, Customer acknowledges that Customer:
has reviewed the scope of work and Contract price;
has had an opportunity to ask questions before signing;
understands Customer’s payment obligations;
understands that insurance proceeds do not eliminate Customer’s responsibility for amounts properly due;
understands the applicable workmanship warranty and its limitations;
authorizes Contractor to perform the work described in the Contract; and
agrees to these Terms and Conditions.
CUSTOMER/OWNER SIGNATURE: ______________________________
PRINTED NAME: ___________________________________________
DATE: __________________
CUSTOMER/OWNER SIGNATURE: ______________________________
PRINTED NAME: ___________________________________________
DATE: __________________
AUTHORIZED REPRESENTATIVE: ______________________________
DATE: __________________
The following Communication / SMS Terms of Service remain in effect and apply in addition to the Contract Terms & Conditions above.
By using High & Tight Roofing website, services, or SMS communications, you agree to the following Terms of Service.
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For questions or support, contact:
High & Tight Roofing
Email:info@hightightroofing.com
Phone: (409) 407-4383
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