1. DEFINITIONS “CONTRACTOR” refers to M C Welch Plumbing, its employees, agents,
representatives, subcontractors, and affiliates. “CLIENT” includes the property owner, tenant,
manager, or authorized party requesting services or responsible for payment.
2. ACCESS & SITE CONDITIONS CLIENT shall provide safe, unrestricted access to the job
site, utilities, parking, and work areas. Site must be OSHA-compliant and free of hazards.
CLIENT shall remove valuables or fragile items from work zones. CONTRACTOR is not
responsible for damage to unsecured property or delays caused by restricted access. CLIENT is
responsible for obtaining all required permissions from HOAs, landlords, or third parties, and
shall indemnify CONTRACTOR for any access-related disputes.
3. WARRANTY – LABOR & SERVICES CONTRACTOR warrants its labor and workmanship
for one (1) year from date of job completion. This warranty excludes issues arising from
manufacturer defects, misuse, neglect, unauthorized modifications, improper maintenance,
natural disasters, or hidden conditions. Manufacturer warranties remain the responsibility of the
manufacturer. Claims must be submitted in writing within 24 hours of discovery. CONTRACTOR
must be granted timely access to inspect and resolve. No warranty applies without this
opportunity. CONTRACTOR is not liable for incidental or consequential damages, including loss
of use or income.
4. UNFORESEEN CONDITIONS CLIENT acknowledges that concealed or latent conditions
(e.g., corroded pipes, improper prior work, structural flaws, inaccessible lines) may not be
apparent during initial inspection. If discovered, CONTRACTOR will notify CLIENT and propose
a revised estimate. CLIENT is responsible for all additional costs. CONTRACTOR is not liable
for delays or damages caused by such discoveries.
5. MOLD & BIOLOGICAL CONDITIONS CLIENT understands plumbing issues may reveal
hidden mold, mildew, or other biohazards. CONTRACTOR is not a certified mold remediation
provider and disclaims all liability for exposure or resulting health effects. If mold is discovered,
CONTRACTOR will halt affected work until CLIENT arranges certified removal. Additional
charges and delays may apply. CLIENT agrees to indemnify and hold CONTRACTOR harmless
from all claims related to mold or biological contamination.
6. CHANGE ORDERS Any deviation from the original scope must be approved in writing by
both parties via a signed Change Order. Verbal authorizations are not enforceable. Change
Orders must outline revised scope, pricing, timeline, and necessary approvals. Refusal to
approve changes necessary due to unforeseen conditions may result in delay or suspension of
work.
7. STOPPAGES & RECURRING OBSTRUCTIONS CONTRACTOR may decline service on
unsafe or inaccessible lines (e.g., roof vents, non-code installations, unstable areas). CLIENT is
responsible for foreign objects or buildup causing blockages (e.g., wipes, toys, grease, feminine
products, roots). Drain clearing is a best-effort service and does not guarantee permanent
resolution. Recurring stoppages may require hydro-jetting, camera inspections, repairs, or
replacements. All additional services are billed separately and require CLIENT approval.
8. PERMITS & CODES Unless expressly included in the estimate, CLIENT is responsible for
securing necessary permits, inspections, and paying associated fees. CONTRACTOR performs
work in accordance with applicable plumbing codes and industry standards. Delays or penalties
due to CLIENT’s failure to obtain approvals or grant access are the CLIENT’s responsibility.
9. PAYMENT TERMS All work is based on up-front pricing. Time-and-material breakdowns
will not be provided unless agreed in writing. Payment is due immediately upon completion of
services, regardless of inspection schedules or third-party approvals. Late payments accrue
1.5% monthly interest or maximum allowed by law. Returned checks are subject to a $100 fee
or three times the check amount (max $1,500), per Civil Code § 1719. In cases of nonpayment,
CLIENT agrees to cover all legal fees, collection costs, and related expenses. CONTRACTOR
may suspend or terminate work for nonpayment.
10. TERMINATION CLIENT may cancel before work begins without penalty. If canceled after
commencement, CLIENT is responsible for labor, materials, and other expenses incurred.
CONTRACTOR reserves the right to terminate for nonpayment, unsafe site conditions, or
regulatory violations. Refunds, if applicable, will exclude costs already incurred.
11. DEFECTS & DISPUTES CLIENT must report any concerns in writing within 48 hours of
discovering an alleged defect. CONTRACTOR must be allowed reasonable access to inspect
and resolve. Failure to do so voids all warranties and CLIENT waives future claims. Both parties
agree to attempt resolution prior to pursuing legal remedies.
12. MECHANICS LIEN NOTICE Under California law, unpaid contractors, subcontractors, or
suppliers may record a mechanics lien. CLIENT may receive Preliminary Notices—these
preserve lien rights but do not indicate a lien has been filed. To reduce lien risk, CLIENT may
request lien releases and issue joint checks. CONTRACTOR provides lien waivers upon full
payment.
13. EXCLUSIONS Unless stated in writing, CONTRACTOR does not provide services outside
plumbing scope, including but not limited to drywall, paint, cabinetry, flooring, roofing, or
landscaping. CLIENT must separately arrange such services. CONTRACTOR is not liable for
delays or issues caused by third-party trades.
14. AGREEMENT This agreement, along with any written estimates or Change Orders,
constitutes the full understanding between CLIENT and CONTRACTOR and supersedes prior
communications. Changes must be made in writing and signed by both parties. Acceptance via
email or digital signature shall be considered binding.
15. CLIENT AUTHORIZATION By authorizing work or submitting payment, CLIENT affirms
they have read, understood, and agreed to these Terms and Conditions and that they have legal
authority to approve work on behalf of the property owner or other responsible party.
PAYMENT IS DUE IMMEDIATELY UPON COMPLETION UNLESS AGREED OTHERWISE IN
WRITING