Terms & Conditions

Last updated: 1/30/26

These Terms & Conditions (“Terms”) govern your use of the Mierzwa Construction website and any services, estimates, or payments provided through the site. By accessing this website or using our services, you agree to be bound by these Terms.

Introduction

These Terms and Conditions (“Terms”) govern all construction services provided by Mierzwa Construction (“Company,” “we,” “our,” or “us”). By requesting, scheduling, or receiving services, the client (“Client,” “you,” or “your”) agrees to these Terms. All services are subject to these Terms and the applicable written proposal or contract.

Scope of Work

Services may include site preparation, concrete work, excavation, grading, construction, demolition, paving, and related tasks. Services are defined by the Company’s estimate or written contract.

Contract Formation and Licensing

A contract is formed only when the Client and an authorized representative of the Company both sign a written agreement. If required by Michigan law, the Company will provide its contractor license number in residential construction contracts.

Estimates, Pricing, and Changes

All estimates are based on available information and may change due to field conditions, materials cost, regulatory changes, or requested modifications. Changes after the contract is signed must be documented in writing and may incur additional costs.

Payment Terms

Unless otherwise stated in the contract:

• Payment is due upon receipt of invoice.

• If the Client disagrees with an invoice, the Client must notify the Company in writing within ten (10) business days.

• Late payments may incur interest, expenses, or suspension of services.

Michigan may impose specific payment terms for public or regulated projects; if applicable, those will be included in your written contract.

Retainage

If retainage is agreed upon, it will be clearly stated in the contract. For public agency contracts, Michigan law limits retainage to percentages of work in place.

Site Conditions and Client Responsibilities

The Client must provide accurate site information, access, and utility markings. The Client is responsible for permits, inspections, and compliance with local building codes unless the written contract states otherwise.

Lien Rights and Waivers

A. Construction Liens & Notices
Michigan law grants contractors, subcontractors, and suppliers lien rights on real property for labor and materials provided. Liens have statutory priorities and requirements.

B. Waiver of Lien Rights
A provision requiring the waiver of lien rights in advance of work is contrary to public policy and unenforceable under Michigan law; such a waiver will be invalid except to the extent payment has been received for labor and materials already furnished.

C. Lien Waivers Upon Payment

• Upon full payment, the Company will provide an unconditional lien waiver for amounts paid.

• Upon partial payment, the Company will provide a partial unconditional lien waiver for the portion paid if requested.

Permits and Compliance

The Client is responsible for obtaining all necessary permits and approvals unless it is explicitly stated otherwise. The Company will comply with applicable building codes, safety standards, and Michigan law.

Warranties and Limitations

The Company warrants workmanship in a professional manner. Except where explicitly stated, no other warranties (express or implied) are provided, including warranties of suitability for specific use or condition outcomes.

Delays

Delays due to weather, site access, supply chain issues, or other circumstances beyond the Company’s control do not constitute breach of contract and will not result in refunds or damages.

Termination

The Company may suspend or terminate work if the Client breaches these Terms, fails to pay, or creates unsafe conditions. The Client will remain liable for all completed work and costs incurred.

Limitation of Liability

The Company’s liability for any claim shall not exceed the total amount paid for services under the contract. Indirect, incidental, consequential, or punitive damages are disclaimed to the maximum extent permitted by law.

Governing Law

These Terms and the contract shall be governed by the laws of the State of Michigan.

Changes to Terms

The Company may update these Terms at any time. Updated Terms apply to future services once posted on the Company’s website or otherwise provided to the Client.

Entire Agreement

These Terms and any written contract executed by the parties constitute the entire agreement and supersede all prior discussions and representations.

Contact Information

If you have any questions regarding these Terms & Conditions, please contact us:

Mierzwa Construction
Phone: 248-873-7379
Email: mierzwaconstruction@gmail.com