Effective Date: January 1, 2025

Last Updated: January 1, 2025

These Terms & Conditions ("Terms") govern your use of the Kimmel Elite Construction website and your engagement with our construction services. These terms apply to website use and initial service inquiries. Specific construction projects will be governed by separate written contracts.

1. Service Area and Scope

Kimmel Elite Construction primarily serves Vista, Oceanside, Carlsbad, and greater San Diego County, California. We may accept projects outside this area on a case-by-case basis. Our services include general contracting, electrical work, HVAC installation, concrete work, kitchen and bathroom remodeling, tile installation, framing, deck construction, and smart home upgrades.

License: California General B Contractor License #1138710, issued by the California Contractors State License Board (CSLB).

2. Website Use and Inquiries

This website is provided for informational purposes and to facilitate initial contact for construction services. By submitting contact forms or communicating with us, you agree to these Terms. Information submitted through our website does not create a contractual relationship until a formal written construction contract is executed.

3. Payment Terms and California Compliance

Payment terms for construction projects will be detailed in individual project contracts and comply with California law:

• Deposits: No more than $1,000 or 10% of contract price, whichever is less (Cal. Bus. & Prof. Code §7159)
• Progress Payments: Tied to project milestones (demolition, rough-in, inspections, finishes)
• Change Orders: Written approval required for scope, cost, and time impacts
• Final Payment: Due at substantial completion and punch list resolution
• Late Fees: Lesser of 1.5% per month or maximum allowed by law
• Cancellation Rights: 3-business-day right to cancel applies where required by California law

4. Warranty and Guarantee

Workmanship Warranty: 1-year limited warranty on our workmanship from project completion (industry standard).

Materials and Equipment: Manufacturer warranties pass through to the customer.

Warranty Exclusions: Normal wear and tear, misuse, customer-provided materials, or conditions beyond our control (concealed defects, existing moisture intrusion).

5. Limitation of Liability

To the maximum extent permitted by law:

• We are not liable for indirect, incidental, or consequential damages
• Total liability is capped at the amount paid under the applicable project contract
• We are not responsible for delays outside our control (permits, supply chain, weather, inspections)
• Customer warrants site access, utilities, and accurate existing condition information
• Unforeseen site conditions will be handled via written change order

6. Dispute Resolution

In the event of a dispute, the following process applies:

1. Good-Faith Negotiation: 10 business days to resolve through direct communication
2. Mediation: If unresolved, binding mediation in San Diego County, California
3. Arbitration: If mediation fails, binding arbitration under JAMS or AAA rules in San Diego County (each party pays their share; small-claims court carve-out preserved)

Governing Law: These Terms are governed by the laws of the State of California.

7. Insurance and Safety

Kimmel Elite Construction maintains appropriate general liability and workers' compensation insurance. Our crews receive OSHA training, and we implement jobsite safety plans on every project. We coordinate all required permits and inspections per local building codes.

8. Intellectual Property

This website and its content are owned by Kimmel Elite Construction. You may not reproduce, distribute, or use our content without written permission, except for normal website browsing purposes.

9. Changes to Terms

We may update these Terms from time to time. Changes will be posted on this page with an updated "Last Modified" date. Continued use of our website after changes constitutes acceptance of the new Terms.

10. Contact Information

For questions about these Terms or our services:

Kimmel Elite Construction
California General B Contractor License #1138710
Email: KimmelElitecontruction@gmail.com
Phone: (760) 886-5734
Service Area: Vista, Oceanside, Carlsbad, and Greater San Diego County, California

11. Important Notice

Legal Review Recommended: These Terms govern website use and initial inquiries only. All construction projects require separate written contracts with specific terms, scope, pricing, and legal provisions. We recommend having construction contracts reviewed by a qualified California construction attorney before execution.