Terms of Service – Bobby Built Developments Inc.

Last Updated: December 5, 2025

Welcome to the Terms of Service for Bobby Built Developments Inc., a professional roofing and renovation contractor serving the Greater Moncton Area. By accepting a quote, signing an estimate, or submitting a deposit, the Client agrees to all terms outlined in this Agreement.
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1. Definitions:

To ensure clarity and consistency, the following terms apply:
• Client: The person, homeowner, or authorized representative engaging the Contractor.
• Contractor: Bobby Built Developments Inc.
• Project: The roofing, renovation, or construction work described in the approved estimate or quote.
• Site / Worksite: The physical location where the Project is performed.
• Work / Services: All labour, construction tasks, and related services performed by the Contractor.
• Materials: All products required for the Project.
• Completion: When the primary scope of work outlined in the estimate is finished.
• Permit(s): Any municipal or provincial approvals required for the Project.
• Force Majeure: Events beyond the reasonable control of either party (defined in Section 4).
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2. Scope of Work

The Contractor will provide all labour, tools, equipment, and materials necessary to complete the Project unless otherwise stated. The Contractor:
• Maintains full control over staffing levels and work methods
• Follows industry-standard construction practices
• Bills all mandatory change orders separately
• Charges additional fees for permits unless explicitly included in the quote
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3. Permits and Compliance

Unless otherwise specified in writing:
• The Client is responsible for securing all required permits, including zoning, building, and inspection permits.
• If the Contractor obtains permits at the Client’s request, all costs, delays, or penalties are the Client’s responsibility.
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4. Scheduling, Delays, and Force Majeure

A. Scheduling & Expected Delays

Project timelines may change due to:
• Extreme or unsafe weather
• Supply-chain disruptions
• Site conditions
• Inspection or permit delays

The Contractor will communicate delays as early as reasonably possible.

B. Force Majeure

Events beyond human control may delay or increase costs, including:
• Natural disasters
• Flooding or fire
• Pandemics
• Strikes or labour shortages
• Government shutdowns
• Utility or infrastructure failures

The Contractor is not liable for delays or costs arising from Force Majeure events. Additional time and fees may apply.
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5. Change Orders

Any change to the scope of work must:
• Be documented in writing
• Include revised pricing
• Include timeline adjustments
• Be approved by the Client before work proceeds
No verbal changes will be accepted.
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6. Termination and Cancellation

A. Contractor Termination

The Contractor may terminate the Agreement if the Client:
• Fails to make payments
• Creates or refuses to correct an unsafe site
• Interferes with work or staff
• Breaches any material term of this Agreement
The Client must pay for all completed work, materials, restocking fees, and demobilization costs.

B. Client Cancellation

If the Client cancels:
• The 50% deposit is non-refundable
• Materials already purchased will be billed to the Client
• Restocking and administration fees apply
• No refunds are issued once work has begun
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7. Insurance Coverage

• The Contractor carries $2,000,000 general liability insurance.
• This does not cover materials stored onsite after delivery.
• Clients are strongly advised to maintain insurance for theft or damage to materials during the Project.

Proof of the Contractor’s insurance can be provided upon request.
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8. Limitation of Liability

A. General Limitations

The Contractor is not responsible for:
• Damage caused by Client misuse, neglect, or interference
• Theft or damage of materials after onsite delivery
• Damage caused by third parties
• Pre-existing structural issues
Maximum liability is limited to the total amount paid for services.

B. Exclusion of Consequential Damages

The Contractor is not liable for:
• Loss of use or enjoyment of property
• Loss of income or profits
• Emotional distress
• Indirect or incidental damages
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9. Worksite Safety and Access

A. Contractor Responsibilities:

• Maintain general site organization
• Follow all WorkSafe NB health and safety standards

B. Client Responsibilities:

• Provide safe access to the Site
• Keep children and pets away
• Inform the Contractor of known hazards
Work may be paused without penalty if the Site becomes unsafe.
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10. Cleaning and Worksite Maintenance

A. Contractor Cleaning Responsibilities

• Maintain daily organization and safe work areas
• Standard cleanup of the immediate work area is included
• Dust accumulation during construction is normal and not included
• Exterior cleaning is limited to basic sweeping and magnetic sweeping unless invoiced as an extra service

B. Client Responsibilities

• Maintain secure storage of all delivered materials
• Materials stored improperly or unsafely will not be cleaned or handled by the Contractor
• Replacement of damaged materials due to improper storage will be billed to the Client
• Dust and debris from daily work is the Client’s responsibility unless additional cleaning services are purchased
• Provide coverings or a safe footwear-change area (cardboard, mats, etc.) during harsh conditions

C. Additional Cleaning Services

• Post-construction deep cleaning is available at additional cost
• Any exterior cleaning beyond basic sweeping is billed separately
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11. Payment Terms

• The remaining balance is due immediately upon Completion
• Overdue accounts incur 2.9% interest every 30 days
• Financing is available through Financeit (must be approved prior to start)
• Weekly progress invoices are due upon receipt

Lien Procedure:

• A Form 9 (Construction Remedies Act) will be issued within 45 days of material purchase or work commencement
• Written notice will be issued prior to filing a lien
• Client has 5 business days to remedy the outstanding balance
• A lien will be filed if unresolved
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12. Deposit Policy

• A 50% deposit is required to secure scheduling and materials
• Deposit payment constitutes full acceptance of these Terms
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13. Refund Policy

Refund requests must be submitted in writing within 30 days of project start.

Approved refunds are subject to:
• 25% restocking fee
• 5% administration fee
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14. Warranties

A. Workmanship Warranty

• Roofing workmanship: 2 years
• Renovation workmanship: 1 year

B. Exclusions

Warranty does not cover:

• Weather-related damage
• Wear and tear
• Client misuse
• Damage caused by third-party contractors

Touch-ups must be requested within 3 days of Completion.
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15. Subcontracting

The Contractor may use subcontractors. All subcontracted work remains the Contractor’s responsibility.
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16. Privacy and Data Protection

Client information is used only for:
• Communication
• Billing
• Warranty records
• Legal compliance

Client agrees to the Contractor’s Privacy Policy.
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17. Conflict Between Estimate and TOS

• The Estimate/Quote governs pricing and scope
• These Terms govern legal rights, obligations, and procedures
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18. Dispute Resolution

All disputes must be resolved through binding arbitration in New Brunswick.

Clients may not bypass arbitration by:
• Filing chargebacks
• Submitting external complaints
• Initiating court actions before arbitration

Bypassing arbitration may result in:
• Work suspension
• Immediate invoicing of all completed work
• Filing of a property lien
• Recovery of arbitration and legal costs
• Claims for damages, including breach of contract

Both parties must participate in good faith under the Arbitration Act of New Brunswick.
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19. Updates to Terms

These Terms may be updated at any time. The version active on the date the deposit is paid will apply.
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Acceptance

By signing an estimate, approving a quote, or paying a deposit, the Client acknowledges and agrees to these Terms of Service.

📞 Phone: 506-543-7663
📧 Email: accounting@bobbybuilthomes.com