Terms and Conditions
Effective Date: 07 February 2026
Last Updated: 11 February 2026
These Terms & Conditions (“Terms”) govern the use of the Fouts Family Construction website and the provision of construction, remodeling, repair, and improvement services by Fouts LLC, doing business as Fouts Family Construction (“FFC,” “we,” “us,” or “our”) in Indiana and Kentucky.
By accessing our website, requesting services, or entering into a proposal or contract with FFC, you acknowledge and agree to be bound by these Terms.
1. Introduction & Acceptance of Terms
These Terms constitute a binding agreement between you (“Customer”) and FFC. If you do not agree with any portion of these Terms, you should not use our website or engage our services.
FFC reserves the right to refuse service to anyone for any lawful reason.
2. Scope of Website Use
The FFC website is provided for general informational purposes only. Information presented on the website does not constitute a binding offer, professional advice, or guarantee of availability, pricing, or results.
FFC does not warrant that website content is error-free, current, or complete. If you believe there may be an error, have questions regarding the accuracy or timeliness of any information, or would like additional details regarding our services, you are encouraged to contact us at contact@foutsllc.com for assistance.
3. Estimates, Proposals, and Contracts
All estimates and proposals are non-binding until accepted in writing and may be subject to revision based on site conditions, scope clarification, material availability, or subcontractor requirements.
Written proposals, together with these Terms and any referenced policies (including the Warranty Policy), constitute the entire agreement between the parties unless otherwise stated in writing.
4. Scheduling, Access, and Site Conditions
The Customer is responsible for providing reasonable access to the project site, utilities, and work areas during scheduled work hours.
FFC is not responsible for delays caused by weather, material shortages, permit or inspection delays, labor availability, Acts of God, or conditions beyond FFC’s reasonable control.
Unforeseen or concealed site conditions may result in schedule adjustments or additional charges.
5. Change Orders & Unforeseen Conditions
Any changes to the agreed scope of work must be documented in a written change order.
FFC is not obligated to perform additional or revised work without written authorization. Discovery of concealed conditions (including rot, structural deficiencies, code violations, hazardous materials, or prior improper work) may require scope and price adjustments.
6. Payments, Deposits, and Non-Payment
Deposits are required prior to scheduling and are calculated based on project scope and subcontractor requirements.
Failure to make timely payment may result in suspension of work, termination of services, assessment of collection costs, or filing of a mechanic’s lien as permitted by law. All payments are due as stated in the proposal or invoice.
7. Subcontractors & Third-Party Services
FFC may engage licensed and insured subcontractors to perform portions of the work.
FFC is not responsible for the acts or omissions of third-party service providers beyond the scope of work performed under FFC’s contract. Warranty coverage for subcontractor work is limited as described in Section 8 and the Warranty Policy.
8. Warranties & Disclaimers
FFC offers express warranties as described in its Warranty Policy, which is incorporated by reference into these Terms.
Summary of Warranty Coverage
Two (2) Year Limited Workmanship Warranty
Ten (10) Year Limited Structural Warranty (load-bearing structural work only)
Full warranty coverage is subject to timely warranty registration, compliance with claim procedures, and applicable exclusions as outlined in the Warranty Policy.
To the maximum extent permitted by law, FFC disclaims all other warranties, express or implied, not expressly stated in the Warranty Policy.
9. Limitation of Liability
To the maximum extent permitted by applicable law, the total liability of Fouts Family Construction for any and all claims, losses, damages, or causes of action arising out of or related to this Agreement, the scope of work, materials, or services provided—whether based in contract, tort, negligence, or otherwise—shall not exceed the total amount actually paid by the Client to Fouts Family Construction under this Agreement.
In no event shall Fouts Family Construction be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of use, loss of profits, loss of business or income, delay damages, relocation costs, or business interruption, even if advised of the possibility of such damages.
Nothing in this section shall be construed to limit or exclude liability for gross negligence, willful misconduct, or personal injury caused by the Company, nor shall it limit or override any express workmanship warrantiesspecifically stated in this Agreement.
10. Indemnification
Customer agrees to indemnify and hold harmless FFC from any claims, damages, losses, or expenses arising from customer-supplied materials, unauthorized modifications or repairs, misuse or neglect of completed work, failure to maintain the property, or misrepresentations relating to the project.
11. Dispute Resolution & Governing Law
The parties agree to attempt to resolve disputes informally before pursuing legal action.
If informal resolution fails, the parties agree to attempt mediation prior to filing a lawsuit. If mediation is unsuccessful, either party may pursue legal remedies in a court of competent jurisdiction.
These Terms are governed by the laws of the state in which the work was performed (Indiana or Kentucky), subject to applicable federal law.
12. Termination of Services
FFC may suspend or terminate services, in whole or in part, upon the occurrence of any of the following:
Non-payment or failure to satisfy payment obligations
Breach of contract or material non-compliance with these Terms
Unsafe or hazardous site conditions
Customer interference with work or refusal to provide access
Fraud, misrepresentation, or material omission relating to the scope of work, site conditions, ownership, or authorization to perform the work
Death, legal incapacity, or insolvency of the Customer or authorized decision-maker
Loss of ownership, authority, or legal right to perform work at the project location
Destruction of the project property or conditions rendering completion impracticable
Government orders, permit denials, or regulatory actions preventing continuation
Extended suspension of work due to circumstances beyond FFC’s reasonable control
Discovery of hazardous materials or undisclosed unsafe conditions
Bankruptcy or financial inability of the Customer to perform payment obligations
Mutual written agreement of the parties to terminate the project
Upon termination, Customer remains responsible for payment for work performed and materials ordered to date.
13. Intellectual Property (Photos, Content)
FFC may photograph work performed for documentation, quality control, and marketing purposes.
FFC may use project photographs for portfolio, marketing, or promotional use unless the Customer provides written objection during the period of completing the defined scope of work.
FFC retains ownership of all photographs, videos, drawings, and content created in connection with its services unless otherwise agreed in writing.
14. Changes to These Terms
FFC may update these Terms periodically. Updated Terms will be posted on the website with an effective date.
To the extent permitted by law, updated Terms apply to new and ongoing projects and govern the administration of warranties and services for prior work, provided previously vested rights are not materially reduced.
15. Contact Information
Fouts LLC d/b/a Fouts Family Construction
1734 McDonald Ln
New Albany, Indiana 47150
📧 contact@foutsllc.com
📞 930-282-8227